5502 CONGRESSIONAL RECORD—SENATE April 4, 2005 SENATE—Monday, April 4, 2005

The Senate met at 2 p.m. and was SCHEDULE I look forward to a busy legislative pe- called to order by the Honorable RICH- Mr. FRIST. Mr. President, the Sen- riod this spring, and trust all of my ARD M. BURR, a Senator from the State ate returns to session today and joins colleagues are rested and ready to pro- of North Carolina. the world in mourning the death of ceed. Pope John Paul II. I know many of my f PRAYER colleagues will want to pay tribute to RECOGNITION OF THE MINORITY The Chaplain, Dr. Barry C. Black, of- one of our greatest spiritual leaders. LEADER fered the following prayer: Therefore, we will have a period of Let us pray. morning business throughout the day The ACTING PRESIDENT pro tem- God, the fountain of every blessing, to accommodate those speeches. I also pore. The minority leader is recog- we thank You for the life and legacy of alert my colleagues that we are work- nized. Pope John Paul II. You blessed our ing on a Senate resolution which would f world with his intellectual strength pay the appropriate respect and tribute TRIBUTE TO SENATOR HOWELL and compassionate heart. You chal- to Pope John Paul. HEFLIN lenged our spirits with his advocacy of We have also returned to the sad justice and his pursuit of peace. news of the passing of one of our Mr. REID. Mr. President, it is my un- God of all mercies, comfort those former colleagues, Senator Howell Hef- derstanding that the distinguished Re- who mourn. Be particularly near to the lin of Alabama. Our thoughts and publican leader is going to make a family of Doug Fertig, Director of prayers go out to his family. statement regarding the Pope. I think Human Resources for our Senate fam- With regard to the schedule this that is timely. I will do so at a later ily, who died on Friday. Remind us week, we have a busy legislative sched- time today. that nothing can separate us from Your ule with a number of scheduling chal- I wanted to pay tribute to Howell love. lenges over the next several days. We Heflin. He was a wonderful man who Bless today the work of our Senators. hope to begin consideration of the served in the Senate for 18 years. He Empower them with increasing aware- State Department authorization bill actually revolutionized the court sys- ness and openness of heart. Give them tomorrow, on Tuesday. Chairman tem in Alabama. The first amendment wisdom and courage for the living of LUGAR is preparing to bring that bill to they ever had to their Constitution was these days. We pray in Your eternal the floor, and we hope to complete a result of his reorganization of the Name. work on that over the course of the court when he was chief justice of the Amen. next couple of days. I hope we can Alabama Supreme Court. Howell Heflin holds the record here, f reach an agreement that will allow that bill to come forward, with amend- serving as a member of the Ethics PLEDGE OF ALLEGIANCE ments relevant to the underlying legis- Committee for 13 years. He did that The Honorable RICHARD M. BURR led lation. with dignity during some of the most the Pledge of Allegiance, as follows: In addition, on Wednesday, there will difficult times we have seen in the Sen- I pledge allegiance to the Flag of the be a joint meeting of the House and ate with some of the problems Senators United States of America, and to the Repub- Senate to receive an address by had. lic for which it stands, one nation under God, Ukrainian President Viktor I had the good fortune of traveling to indivisible, with liberty and justice for all. Yushchenko. That is scheduled for 11 Alabama yesterday to be with his f a.m. We ask that Members be in the widow Mike at that funeral in the rural community of Tuscumbia, AL. That is APPOINTMENT OF ACTING Senate Chamber at approximately 10:30 where he had his home and law prac- PRESIDENT PRO TEMPORE so we may proceed together to the Hall of the House of Representatives for tice and where he died. He had very lit- The PRESIDING OFFICER. The that address. tle suffering. He was 83 years old. He clerk will please read a communication Also this week, we have a couple of got sick one afternoon and died within to the Senate from the President pro district judges who are available for an hour or two after that. tempore (Mr. STEVENS). consideration, and we will want to The Senate will always be a better The assistant legislative clerk read schedule those for floor action. place as a result of Senator Heflin hav- the following letter: On behalf of the Republican and ing been a Member. Death comes at in- U.S. SENATE, Democratic Policy Committees, I re- opportune times. I want his widow to PRESIDENT PRO TEMPORE, mind everybody that on Tuesday we know that even though there were only Washington, DC, April 4, 2005. will have a floor debate on the issue of a few Senators there, including Sen- To the Senate: Social Security. Senators SANTORUM, ator BINGAMAN, and Senator SHELBY, Under the provisions of rule I, paragraph 3, who had another funeral he had to go of the Standing Rules of the Senate, I hereby DEMINT, DURBIN, and STABENOW will ESSIONS appoint the Honorable RICHARD M. BURR, a participate in the scheduled debate. I to, Senator S was there, it Senator from the State of North Carolina, to encourage all Members to listen to this came at such an inopportune time. It perform the duties of the Chair. constructive conversation. I applaud was the end of the recess period. People TED STEVENS, both policy committees for preparing didn’t know about it, and it was hard President pro tempore. this format. I was pleased to work with for people to be there, but it doesn’t Mr. BURR thereupon assumed the the Democratic leader in securing a take away from the dignity of that pro- Chair as Acting President pro tempore. time for this debate tomorrow. This ceeding. It was a wonderful funeral. I f week, Senator COCHRAN will be mark- received a number of phone calls yes- ing up the supplemental appropriations terday and today of people wanting to RECOGNITION OF THE MAJORITY bill. We hope to have that available be there. For example, the wind was so LEADER next week. heavy yesterday that they had to The ACTING PRESIDENT pro tem- Again, we have much on the plate for change the place of takeoff from An- pore. The majority leader is recog- this week both in terms of floor sched- drews to Dulles. As a result of that, nized. ule and other important Senate events. Senator BIDEN, driving down from

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

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5503 Delaware, could not make it. He had to rights and dignity throughout the MORNING BUSINESS drive 35, 40 miles. world. He practiced and inspired resist- The ACTING PRESIDENT pro tem- Again, we send our condolences to ance to the great totalitarian systems pore. Under the previous order, there Tom, his son, and Mike, his widow. As that rose and, with his help, fell in the will be a period for the transaction of a Senate family, we felt so good about 20th century. He had the key insight morning business, with Senators per- Senator Heflin in life and in death. that, in his words, ‘‘the historical expe- mitted to speak for up to 10 minutes ADDRESS OF PRESIDENT YUSHCHENKO rience of socialist countries has sadly each. I also say this to the majority leader. demonstrated that collectivism does The Senator from Oklahoma. I had the good fortune during this not do away with alienation, but rath- Mr. INHOFE. Mr. President, I believe break to lead a bipartisan CODEL. We er increases it, adding to it a lack of we secured acceptance from the other had the opportunity to sit down and basic necessities and economic ineffi- side for me to speak for 45 minutes. I talk to President Yushchenko. Here is ciency.’’ might go 10 minutes longer. I ask a man they tried to kill. We think we His historic trip to Poland in 1979 unanimous consent that I be recog- know who tried to assassinate him. catalyzed the Solidarity movement and nized for 55 minutes as in morning Here is a man whose face is a little dis- led to the peaceful dissolution of the business. figured, but his spirit is not. He has the Soviet empire. The ACTING PRESIDENT pro tem- ability, I believe, to bring about a John Paul fostered harmony between pore. Without objection, it is so or- change in that country that will be for dered. generations to come. It is a burgeoning Catholics, Eastern Orthodox, and democracy. Things are on the move, Protestant Christians. He reached out f and he has a dynamic personality. I am in friendship to Jews and members of CHINA’S SPREADING GLOBAL glad he is going to be able to address a other faiths, and he warmly promoted INFLUENCE interfaith understanding. joint session of Congress because he is Mr. INHOFE. Mr. President, as I have He was the first Pope to visit a what our country is all about. So I done many times before on this floor, I mosque and the first Pope to visit a commend and applaud the Speaker for rise to address a national security synagogue. A poet, a playwright, and a arranging for this man, a good man, to issue of the highest importance, one philosopher, Pope John Paul II dedi- speak before a joint session of Con- that demands our utmost attention. I cated himself to the defense of the gress. It will make us all better for wish to alert this body and the Amer- weakest and most vulnerable members having the ability and the opportunity ican people to China’s spreading global of the human family. to listen to him. influence and the imminent threat this I apologize to the leader for taking He eloquently defended the right to poses to our national security. more time than usual, but I will return life of every human being, irrespective Our past concerns have come to fru- at a later time and make some remarks of race or sex, age or size, stage of de- ition on all levels—economically, mili- about the Pope, who passed away. velopment, or condition of dependence. tarily, and ideologically. We are on a The ACTING PRESIDENT pro tem- He believed that ‘‘science can purify collision course. As I will detail, China pore. The majority leader is recog- religion from error and superstition. has become a progressive danger we nized. Religion can purify science from idol- can no longer afford to overlook. As I f atry and false absolutes.’’ said, this is not new. Over the years I HONORING POPE JOHN PAUL II On his visits to the United States, he have made numerous remarks on the called on all Americans to be faithful Mr. FRIST. Mr. President, today, Senate floor regarding our national se- to the great principles of liberty in- this body, the Senate, and the world curity and China. cluded in our Declaration of Independ- community grieve for the passing of During the Clinton administration, Pope John Paul II. He passed away Sat- ence and in the Constitution. Even in there were growing concerns about Chi- urday evening, April 2, in his bed over- his last frail moments, he remained de- nese espionage, which were later con- looking St. Peter’s Square. Millions of voted to God and the cause of justice. firmed in the Cox report. The report Catholics and non-Catholics alike His selfless service to God and man will showed that reality surpassed our mourn the departure of one of the remain an inspiration to all people of worst fears. China had been stealing greatest spiritual leaders and moral good will across the globe. U.S. nuclear secrets. The W–88 war- teachers of the modern era. I will close with a poem he wrote for head, with which we are all familiar, Pope John Paul set an extraordinary his mother at the age of 19. It reflects was the crown jewel of our nuclear pro- example of personal integrity and cour- his extraordinarily sensitive nature gram which allowed for up to 10 nu- age, not only for his fellow Catholics and closes with a prayer the world now clear warheads to be attached to the but for people of every religious and sends out to him. It is entitled ‘‘Over same missile. In 1995, we discovered philosophical viewpoint. This, Your White Grave’’: that China had stolen this technology. Pope John Paul was born Karol Jo- Over this, your white grave, Under President Clinton, U.S. compa- seph Wojtyla on May 18, 1920, in Po- The flowers of life in white, nies such as Loral Space and Commu- land, a country which at the time was So many years without you, nications and Hughes Electronics were a desolate, impoverished, and war-torn How many have passed out of sight? given the green light to improve the place. By the time John Paul reached Over this, your white grave, precision and reliability of China’s sat- Covered for years, there is a stir ellites and their nuclear missiles, the age of 21, every close member of his In the air, something uplifting family had died. Most people would And, like death, beyond comprehension. undoing 50 years of technology export have been devastated by such losses. Over this, your white grave, restrictions. China also gained the ca- But for John Paul, this early experi- Oh, Mother, can such loving cease? pability of accurately reaching the ence of suffering deepened his spiritu- For all his filial adoration continental United States with nuclear ality and his capacity to find meaning A prayer: missiles and targeted between 13 and 18 in man’s frailty. Give her eternal peace. U.S. cities. All of this occurred while John Paul was ordained as a priest at Mr. President, I yield the floor. President Clinton proclaimed ‘‘not one the age of 26. In 1964, he became the missile is pointed at American chil- Bishop of Krakow. Three years later, f dren.’’ This body responded by inves- he was elevated to cardinal by Pope tigating to what extent we were lied to Paul VI. In 1978, he became the first and our security was compromised, but RESERVATION OF LEADER TIME non-Italian in 455 years to be elected ultimately nothing changed. Pope of the Catholic Church. The ACTING PRESIDENT pro tem- From those events, the Chinese Gov- For the next 21⁄2 decades, Pope John pore. Under the previous order, the ernment learned that it could rely on Paul campaigned tirelessly for human leadership time is reserved. our acquiescence and charged ahead.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5504 CONGRESSIONAL RECORD—SENATE April 4, 2005 China transferred prohibited weapons came about ‘‘only under the imminent of nonproliferation treaties that keep technology to North Korea, Pakistan, threat, or in response to the actual im- such countries from gaining access to Libya, Iraq, Iran, Syria, and other position, of sanctions.’’ delivery system technology. According countries. China threatened to absorb The Commission report comments on to State Department testimony, China Taiwan and intimidated our regional China’s continued assistance to coun- has a ‘‘serial proliferation problem,’’ treaty allies, South Korea and Japan. tries such as Libya, Pakistan, Iran, and and while the official line is to crack That was 5 years ago. Since then we North Korea. This assistance has con- down on weapons trade, ‘‘reality has have had a new administration and tinued despite nonproliferation assur- been quite different.’’ In her January have gone through such major events ances as the report outlines. Keep in Senate confirmation hearings, Sec- as 9/11, the current conflict in Iraq, and mind, they have agreed to all these retary of State Condoleezza Rice listed an ideological shift in the way we fight agreements, and yet the report says: six countries as ‘‘outposts of tyranny.’’ war. I wish I could say that with the China’s assistance to weapons of mass de- China has strong ties to four of these. new administration China’s conduct struction-related programs in countries of They are Cuba, Burma, North Korea, has changed. President Bush has taken concern continues despite repeated promises and Iran. some steps in the right direction, nota- to end such activities and the repeated impo- Recently, Iran has been in the head- bly rejuvenating the missile defense sition of U.S. sanctions. The Chinese Govern- ment and Chinese enterprises have assisted lines because of its support for ter- system; however, I am afraid that tran- such states to develop their nuclear infra- rorism, threatening posture, and nu- spiring events tell a different story. structure, chemical weapons capabilities, clear program. China supplying them Since 2000, the United States-China and/or ballistic missile systems notwith- with weapons technology is similar to Security Economic Review Commis- standing a consistent history of denials. the role the Soviet Union played in the sion has been holding hearings and Libya’s decision to open up its weapons of Cuban missile crisis. It is probably issuing annual reports to evaluate ‘‘the mass destruction programs and the revela- worse because at least in Cuba, the tions by Pakistan that A.Q. Khan supplied national security implications of the U.S.S.R. maintained control of the bilateral trade and economic relation- uranium enrichment technology to Libya, Iran, and North Korea, provides new insight weapons and technology. On the other ship between the United States and the hand, China is fully willing to pro- People’s Republic of China.’’ Congress into China’s legacy of proliferation. China’s continued failure to adequately curb its pro- liferate regardless of the consequences. established the Commission to act as liferation practices poses significant na- Some say the real issue is with private the bipartisan authority on how our re- tional security concerns to the United companies and Beijing does not have lationship with China affects our econ- States. knowledge of what is going on. omy, industrial base, China’s military Again, this is not new. As I stated on With the delicate situation in North and weapons proliferation, and our in- the floor on March 15, 1999, China has Korea, the Bush administration is fluence in Asia. I fear their reports been stealing our nuclear secrets, but, holding that line. But the fact remains have gone largely unnoticed. It is re- as the Commission points out, China is that at the very least, the Chinese Gov- markable they have gone unnoticed as now sharing its nuclear knowledge— ernment is negligent in deterring such significant as they were. some of it is quite possibly ours—with proliferation and apparently does not In a most recent report, dated June other countries. For years China has feel any pressure to do so. However, as of 2004, less than a year ago, the Com- transferred ballistic and cruise missile some of these companies are closely mission makes this alarming opening technology to countries with troubling linked with the Chinese military, it is statement. This is a bipartisan report: proliferation records, but these trans- clear that the government is not so ig- Based on our analyses to date, as docu- fers have evolved to become even more norant as we may like to imagine. mented in detail in our report, the Commis- problematic. This continued proliferation in the sion believes that a number of the current Again I quote from the bipartisan trends in U.S.-China relations have negative face of intense pressure to stop makes implications for our long-term economic and Commission that spent 4 years study- me ask the question: What is China national security interests and therefore ing this relationship: getting in return? China seems to pro- that U.S. policies in these areas are in need . . . Chinese transfers have evolved from liferate with countries that have been of urgent attention and course corrections. sales of complete missile systems, to exports terrorist sponsors, such as Iran, Iraq, As the report and recent events show, of largely-dual use nuclear, chemical, and and Libya. These countries offer China China has continued on an alarming missile components and technologies . . . something they desperately need, and Recent activities ‘‘have aggravated trends course in conflict with our national se- that result in ambiguous technical aid, more that is oil. That is what is significant. curity. indigenous capabilities, longer range mis- Energy is a major problem facing Last January, the Bush administra- siles, and secondary proliferation.’’ Con- China, which ranks No. 2 in the world tion imposed sanctions against eight tinuing intelligence reports indicate that the for consumption. This is very inter- large Chinese companies for aiding Chinese cooperation with Pakistan and Iran esting because right now we have been Iraq’s missile program and transferring remains an integral element of China’s for- talking about the fact we have a very technology to other problematic coun- eign policy . . . Beijing’s failure to control serious problem in not having an en- tries. There was no public announce- such transfers gives the appearance that ergy policy, not being able to pass an ment, and the only reason we know these are allowed in accordance with an energy bill—it has been killed by peo- unstated national policy. China has gen- about this is that some Sino-American erally tried to avoid making fundamental ple who think we do not need to run Web sites came across this information changes in its transfer policies by offering this great machine called America. on page 133 in the Federal Register. the United States carefully worded commit- Since my floor speeches in 1999, Chi- Last December, four companies were ments or exploiting differences between na’s oil imports have doubled and sanctioned for the same reason. Many agreements. surged upwards of 57 percent in the last other examples can be cited from 2004, As further evidence of this disturbing year alone. I have a chart that shows with some of these companies being re- proliferation, the CIA report to Con- what could very well happen in the fu- peatedly penalized for more than a dec- gress in mid-2003 said that ‘‘firms in ture. This chart starts in 1990 and goes ade. The fact is that China has repeat- China provided dual-use missile-related to 2025 and shows what China’s pro- edly vowed to curb its weapons sales items, raw materials, and/or assistance jected oil production versus consump- and has gone back on its promises. to . . . countries of proliferation con- tion is. The red line is consumption. This has been going on for some time. cern such as Iran, Libya, and North The green line is production. We can I spoke of this on the Senate floor on Korea.’’ see they do not have production. They June 23, 1999. Virtually every country we worry have to get production from someplace. Beijing made nonproliferation com- about possesses or has access to some That is something to which we should mitments in 1992, 1994, 1998, 2000, and form of chemical, biological, or nuclear be most sensitive. China’s oil produc- most recently in 2002. The U.S. State weapon, but most lack effective deliv- tion is topped out while its demand Department admits these guarantees ery systems. China is a proven violator continues to rise at an alarming pace.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5505 Some analysts project China’s oil needs with Iran from which it receives 14 per- As it is, China has taken away its al- will double again by 2010, and it will cent of its oil imports. Naturally, ternatives. use its reserves within 14 years. This China has come out firmly against the This is a direct threat. The Chinese information is from International En- U.N. Security Council holding Iran eco- are solidifying and increasing their ergy Outlook of 2004. We believe this to nomically accountable for its nuclear presence in east Asia. When not using be accurate. program. overt political influence, they are ex- China’s alarming need for oil has I was just in Sudan 2 days ago. Like- panding economically. caused it to look around to the world wise in Sudan, China seeks to diffuse or As political economist Francis for new sources, sources that are often delay any U.N. sanctions against Khar- Fukuyama observed: problematic states with security con- toum. It hardly seems coincidental The Chinese [have been] gearing up a series cerns to the United States. The Com- that 7 percent of its oil imports comes of multilateral initiatives of their own, in- mission makes an unpopular but from that conflict-stricken country, a cluding Asean Plus One, Asean Plus Three, a straightforward observation. I am supply that China seems ready to pro- China-Asean Free Trade Area, a Northeast going to quote this very significant tect. Asian Free Trade Area and so on in seem- statement out of the Commission re- At this point, I will pause and tell ingly endless profusion. my colleagues the experience we had The purpose of these proposals, it seems port: fairly clear in retrospect, was to allay fears This need for energy security may help ex- just 2 days ago in that area in Uganda, of China’s growing economic power by offer- plain Beijing’s history of assistance to ter- just across the Sudan border. We were ing selective trade concessions to various rorist-sponsoring states with various forms working with President Museveni. We Chinese neighbors. The Chinese greased the of weapons of mass destruction-related items actually went up to the area called path to the East Asian Summit last Decem- and technical assistance, even in the face of Gulu, which is right on the Sudan bor- ber by offering its Asean neighbors a free U.S. sanctions. But this pursuit of oil diplo- der where the terrorists are coming trade agreement that would open access to macy may support objectives beyond just en- across maiming children, cutting their much of the Chinese market by 2010. ergy supply. Beijing’s bilateral arrange- limbs and their lips off. It is horrible. Asean Plus Three appears to be a weak and ments with oil-rich Middle Eastern states innocuous organization. But the Chinese also helped create diplomatic and strategic It is beyond description. I do not think know what they are doing: Over the long alliances with countries that were hostile to there has been anything like that since run, they want to organize East Asia in a the United States. For example, with U.S. the Holocaust. Yet China is supporting way that puts them in the center of regional interests precluded from entering Iran, that group. politics. China may hope to achieve a long-term com- Not only are they willing to use the China is also expanding militarily. petitive advantage relative to the United U.N. to safeguard its energy sources States. Their string of pearls strategy includes but also its regional influence. This is a listening post in Pakistan, billions of Over time, Beijing’s relationship-building not new. In 2003, the United States may counter U.S. power and enhance Bei- dollars in military aid to Burma, mili- jing’s ability to influence political and mili- spearheaded the proliferation security tary training and equipment to Cam- tary outcomes. One of Beijing’s stated goals initiative as a multilateral weapons of bodia, increased naval activities in the is to reduce what it considers U.S. super- mass destruction interdiction strategy. South China Sea, and expanding co- power dominance in favor of a multipolar The initiative has proven effective, operation with Thailand and Ban- global power structure in which China at- particularly in the interception of cen- gladesh. tains superpower status on par with the trifuge parts bound for Libya. The The purpose of this strategy is to cre- United States. Bush administration believes this suc- ate a military corridor for the Middle In Venezuela, anti-American Presi- cess was a major reason Libya peace- East to mainland China that would be dent Hugo Chavez announced a $3 bil- fully ended its nuclear program. impervious to any potential American lion trade strategy with China, includ- Major European and Asian countries oil embargo. As a recent internal Pen- ing provision for oil and gas. Army have joined and China was invited to tagon report outlines: GEN Bantz Craddock, who heads the participate and refused, citing dubious China . . . is not looking only to build a United States Southern Command, concerns about the delicate situation blue-water navy to control the sea lanes, but stated that China is increasing its in- in North Korea. To quote the Commis- also to develop undersea mines and missile fluence in South America, filling a vac- sion: capabilities to deter the potential disruption uum left by the United States. China appears to be working through the of its energy supplies from potential threats, In his March 9 House testimony, Gen- United Nations to not only undermine the including the U.S. Navy, especially in the eral Craddock called China’s progres- initiative but also to render it globally inef- case of a conflict with Taiwan. sive interest in the region ‘‘an emerg- fective. This has been accomplished by get- The weapons in which China is in- ing dynamic that could not be ig- ting the United States to drop a provision on vesting include cruise missiles, sub- the interdiction of foreign vessels carrying nored.’’ banned weapons on the high seas. marines, long-range target acquisition I have been traveling to Africa for systems, specifically cutting edge sat- I think it is worth repeating what the many years. The Chinese are every- ellites, unmanned aerial vehicles, and Commission statement said: where. I just got back last night from the advanced SU–30 fighter aircraft, Africa. I saw a conference building One of Beijing’s stated goals is to reduce and I have to pause at this moment and what it considers U.S. superpower dominance being constructed, given to them free, in favor of multipolar global power structure say something about someone to this from China, and we know what kind of in which China attains superpower status on day I still think is a real American relationship that gives them. I saw a par with the United States. hero, GEN John Jumper, the Chief of conference center being constructed in The tense situation in Taiwan con- the Air Force. Back before he was in the Congo. I saw a large sports sta- tinues to simmer. A few days ago, the that position in the late 1990s—I be- dium. Both were donated by the Chi- Chinese Communist Party formalized a lieve it was 1998—he had the courage to nese. China has been expanding its in- new stance on Taiwan. The following stand up and publicly say something, fluence throughout Africa with was approved by the National People’s and it certainly was not endorsed or projects like this. Congress: wanted by the Clinton administration, One saying I heard was: The U.S. If possibilities for a peaceful reunification but he said we have to do something. tells you what you need, but China should be completely exhausted, the state We have stopped our modernization gives you what you want. shall employ nonpeaceful means and other program so now Russia is selling tac- Has China suddenly become compas- necessary measures to protect China’s sov- tical vehicles, air vehicles, that are sionate and generous? I think the fact ereignty and territorial integrity. better than our fighters. He is talking that these countries have large oil and This represents a change from earlier about the SU–30 series, better than our mineral deposits paints a real picture. ambiguous language that would have F–15s and F–16s. In the Middle East, Beijing recently allowed China flexibility to consider There are a lot of people who do not signed a $70 billion oil and gas deal other options should a conflict arise. want us to advance militarily and be

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5506 CONGRESSIONAL RECORD—SENATE April 4, 2005 No. 1 and give our troops and our air- lot more than the reports they send quarters of companies listed as A shares in men the very best equipment. There out. The Commission estimates the ac- China’s capital market are State-controlled. are people who are trying to keep us tual defense budget is two to three These include known proliferators such as NORINCO, which was sanctioned by the U.S. from developing the F–22 and the joint times the stated amount. Government on four separate occasions in strike fighter so that we again will In the midst of this ominous military 2003 for offenses including missile prolifera- gain superiority. Right now we do not expansion, the European Union is plan- tion and sales of equipment or expertise to have it. ning on lifting its arms embargo Iran that could be used in a WMD or cruise China has bought in one purchase, against China. The embargo was put in or ballistic missile program. and this has been several years ago, 240 place after the 1989 Tiananmen Square Chinese firms lack adequate disclo- of the SU–30s and probably a lot more, massacre to reflect China’s appalling sure; as the case of NORINCO dem- but that is what we found out. The new human rights record. The European onstrates, American investors may un- intelligence report states that China Union claims the embargo is no longer wittingly be supporting companies that has accelerated its amphibious assault effective but ignores the obvious. Why oppose our national security. ship production. It plans to build 23 lift the embargo without replacing it One company, China National Nu- new boats capable of ferrying tanks with a better one? clear Corporation—CNNC—is currently and troops across the Taiwan Strait. Their solution, an informal code of slotted to receive $5 billion from the This development is potentially desta- conduct, allows for no comprehensive U.S. Export Import Bank to build nu- bilizing and has alarming implications. enforcement. Without uniform and en- clear power plants in China. However, We have to keep in mind they now forceable standards, competent Euro- there are two problems: first, this com- are buying this capability to get across pean firms will be left to themselves to pany was discovered to be sending to Taiwan after for the first time com- determine acceptable arms sales. Even Pakistan prohibited materials that ing out and directly threatening Tai- with the embargo, Europe’s sales to weaponize uranium. Sanctions were wan. China recently doubled this past year imposed for 1 month and removed. A further concern is China’s invest- to a half billion dollars. Later that same year, a subsidiary of ment in nuclear submarines. It re- Underneath all of the semantics, the CNNC was discovered to be selling cently launched the type 094 class, the EU appears to have more to gain in more illegal materials to Pakistan. first capable of striking the conti- Euros than by maintaining what prin- Connections have also been made to nental United States with nuclear mis- cipled respect for human rights it once Iran’s weapon program. Second, be- siles from its own waters. It can strike had. Any weapons technology China cause the Export-Import Bank of the the United States of America from its buys will only add to its leverage United States supplies the credit, the own waters. They have launched this against Taiwan and our other Asian al- U.S. Treasury will have to back this class of a nuclear missile—or the abil- lies. If the embargo is lifted, Europe loan, either by direct payment or guar- ity to deploy it. and Russia will be in competition to antee. Ultimately, American taxpayers China has also been developing the sell China increasingly higher tech- will be aiding a Chinese company that JL–2 submarine-launched ballistic mis- nologies. We can also expect the EU is a known proliferator. I look at these sile, expected to have a range of 4,600 technology to proliferate beyond Chi- things and ask why doesn’t that bother miles. These represent a departure na’s borders to states that would glad- anybody? Nobody is talking about it. from traditional Chinese deterrent Another issue is China’s purchasing ly use it against the United States. The strategies. They have little tactical of U.S. companies. On March 9, the EU does not consider this a strategic purposes. They will not be used in a re- Committee on Foreign Investment in threat. the United States—CFIUS—approved gional battle. Rather, their importance The United States-China Commission is strategic. China’s Lenovo Group buying IBM’s PC report observes, however: China has modernized its military at business. The $1.75 billion deal creates an unprecedented rate. According to Access to more advanced systems and inte- the third largest PC maker in the grating technologies from Europe would testimony from Dr. Evan Medeiros of have a much more dramatic impact on over- world. The problem is that there is po- the RAND Corporation, between 1990 all Chinese capabilities today than say five tential for Chinese computer experts to and 2002 China’s official defense budget or ten years ago. For fourteen years China use this as a base for espionage. Some for weapons procurement grew approxi- has been unable to acquire systems from the say that this is ridiculous; that China mately 1,000 percent. That is 1,000 per- West. Analysts believe a resumption of EU could never use IBM networks that cent in a 12-year period. Nearly every arms sales to China would dramatically en- way. I would ask that they consider year since 1997 has seen a defense budg- hance China’s military capability. If the EU not only the immediate situation but et increase of 13 percent, an increase arms embargo against China is lifted, the also China’s track record. As a side U.S. military could be placed in a situation note, I believe that CFIUS does not far above China’s GDP growth average where it is defending itself against arms sold of 8.2 percent for those same years. to the PLA by NATO allies. apply a broad enough conception of In comparison, President Bush’s fis- U.S. security. I understand that Rep- With all the other problems that we cal year 2005 budget increase in defense resentatives HYDE, HUNTER and MAN- have had recently with some of our spending is 4.8 percent. Keep in mind, ZULLO expressed similar views in a Jan- multinational groups, this is really not we are currently engaged in two major uary letter to Treasury Secretary John surprising. Snow, the chairman of CFIUS. operations and numerous smaller ones Imagine, we share military tech- One example of CFIUS falling short as part of the global war on terror. Yet nology with our European allies and this is just China’s officially an- is with Magnequench International In- then find our security threatened and corporated. In 1995, Chinese corpora- nounced defense budget. possibly our servicemen killed by this The Commission and the Defense De- tions bought GM’s Magnequench, a same technology. We cannot allow for partment assess: supplier of rare earth metals used in this potential to exist. the guidance systems of smart-bombs. The PLA defense budget is grossly under- Because of China’s centralized econ- reported and that official figures exclude For over 12 years, the company has much of China’s military modernization pro- omy, economic issues are irrevocably been moved piecemeal to mainland gram. intertwined with security implications. China, leaving the U.S. with no domes- So when we are talking about what The Commission reports: tic supplier of neodymium, a critical China is putting into their military The Chinese government has selectively component of rare-earth magnets. program, we recognize that this may be chosen firms—predominantly State-owned CFIUS approved this transfer. The enterprises, SOEs—to list on international 50 percent of what they are really put- capital markets . . . Many SOEs were pre- problem takes a unique twist, as Na- ting in it because we have no way of viously controlled by the People’s Liberation than Tabor of The Conservative Voice knowing. Army, PLA, and there is concern that unoffi- outlines: Our intelligence does show in an un- cial links to the PLA remain intact after pri- China [has] become the dominant supplier classified form that they are doing a vatization . . . As of 2002, more than three- of rare-earth elements, also called

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5507 lanthanides. But in the U.S., owners of the proliferation or outright stealing of Indeed, we are used to this pattern Mountain Pass mine in California, one of the military technology, China has contin- and have become all too complacent finest rare-earth deposits in the world, have ued to defy the U.S. and the world about it. Scolding the Chinese for their been spending millions of dollars over many unabated and unchallenged. disregard for proliferation treaties, years to resolve an environmental complaint while providing them unprecedented that processing the element threatens the Let me repeat what concerns me, and habitat of the desert tortoise. apparently the U.S.-China Commission, economic benefits is at best a bizarre about China: foreign policy. We must link China’s This is something that has restricted No. 1, eight major Chinese compa- trading privileges with its human some of our activities. nies, some of which are directly con- rights record and its conduct abroad, Dependence on outsourcing has the nected with the military, were sanc- including its weapons proliferation. As potential to be a paralyzing problem in tioned last January for illegally selling China’s No. 1 importing customer, ac- time of war. During the current Iraq weapons technology to countries in- counting for 35 percent of total Chinese conflict, Switzerland stopped ship- cluding Iran. This is only one example exports, we have the influence. I agree ments of smart-bomb components to of an ongoing and grave strategic prob- that the way we handle an emerging the U.S. because it disagreed with our lem. It is a problem we cannot afford to China must be dynamic, but it must role. As more and more of our military tolerate. not be weak. As the Commission report equipment is outsourced, we have be- No. 2, China has been modernizing concludes: come dangerously dependent on the and expanding its military to reduce We need to use our substantial leverage to whims of foreign countries. Current any leverage we may have in a conflict develop an architecture that will help avoid law requires only 50 percent of defense situation, particularly over Taiwan. conflict, attempt to build cooperative prac- equipment be American-made. When They have been stealing or developing tices and institutions, and advance both Representative DUNCAN HUNTER tried countries’ long-term interests. The United highly advanced technology, including States has the leverage now and perhaps for to raise this to 65 percent, defense con- nuclear warhead designs and tech- tractors told him that it would force the next decade, but this may not always be nology that would enable them to the case. We also must recognize the impact them out of the market. reach the continental U.S. of these trends directly on the domestic U.S. Information technology is also leav- No. 3, skyrocketing energy consump- economy, and develop and adopt policies ing our borders at an alarming rate. tion is a major problem for China and that ensure that our actions do not under- John Chambers, the CEO of CISCO Sys- a potential conflict with us. It is draw- mine our economic interests . . . the United States cannot lose sight of these important tems, said: ing the PRC into cooperation with Iran China will become the IT center of the goals, and must configure its policies toward and other problematic states. These bi- China to help make the materialize . . . If we world, and we can have a healthy discussion lateral arrangements improperly influ- about whether that’s in 2020 or 2040. What falter in the use of our economic and polit- we’re trying to do is outline an entire strat- ence Chinese action the U.N., and in ical influence now to effect positive change in China, we will have squandered an historic egy of becoming a Chinese company. some cases may involve illegal weap- ons transfers. You can see from this opportunity . . . China will likely not ini- However, this technology transfer chart behind me that China has to do tiate the decisive measures toward more can also have a darker side. The Com- meaningful economic and political reform something. Look at their energy re- mission report states: without substantial, sustained, and in- quirements. They are doing it today. creased pressure from the United States. U.S. advanced technology and techno- No. 4, the European Union is pro- There is an inherent tension between logical expertise is transferred to China in a jected to lift its arms embargo on number of ways, both legal and illegal, in- drawing China to freedom through re- cluding through U.S. invested firms and re- China by this summer, an embargo laxed policies, and a vital need to pro- search centers in China, Chinese investments that was meant to pressure China to tect U.S. security. I fear we have con- in the United States, bilateral science and improve its human rights record. That ceded far too much and contributed to technology cooperative programs, and Chi- record has not improved. Europe has the emergence of a very real threat. nese students and researchers who return also failed to address the question: Finally, I wish to applaud the U.S.- home following their work and study at U.S. What country will China most likely universities and research institutes. China Economic and Security Review use the new European technology Commission. Their efforts to provide In a previous speech that I gave on against? It is ultimately the United this body with a clear picture of a very China, on June 23, 1999, I called atten- States. complex and multifaceted situation tion to China’s covert stealing of our No. 5, despite Justice Department have been illuminating and challenge technology. The FBI is currently inves- and Homeland Security concerns, Chi- us to face these real problems. Thank tigating numerous instances of alleged na’s Lenovo Group is taking over IBM’s you for your hard work. industrial espionage; over 3,000 compa- PC manufacturing business, based in The Chinese have something called nies in the U.S. are suspected of sup- North Carolina. This is revealing of a an idiom, a four-character phrase that plying illegal technology and col- distressing trend that threatens the is sometimes used to simplify a com- lecting information for China. Such U.S. industrial base. Our practice of plex thought. I would borrow one to de- cases are major problems in industrial outsourcing military equipment is also scribe the current situation: ‘‘One who centers like Silicon Valley where espi- of deep concern. obeys on the surface but not from one’s onage investigations linked with China No. 6, China continues to repress reli- heart.’’ Unless our relationship with have increased 20 to 30 percent annu- gious and human rights, and intimi- China is backed up with strong action ally. date our Asian allies while expanding they will never take us seriously. We Most recently, the Bush administra- their influence in areas like South will certainly see more violations of tion is investigating whether China has America and Africa. The recent Tai- proliferation treaties and in the con- illegally altered legitimate U.S. ex- wanese ‘‘anti-secession’’ bill is further text of the growing threat of terrorism. ports for military use. One instance of evidence of this hegemonic outlook. That is unacceptable. We have also ig- this is U.S.-made Boeing 737 jetliner No. 7, according to the FBI, cases of nored the danger that China is becom- being modified to have military capa- Chinese espionage in the States are in- ing in its own right. Some think that I bilities. Experts believe that China is creasing at 30 percent annually in some am alarmist. If China breaks its con- using the aircraft to monitor tests of places. Civil aircraft that the U.S. sold sistent pattern of human rights abuses, its long-range cruise missile similar to to China appear to be outfitted with military and economic expansionism, our Navy Tomahawk. Such a missile military surveillance equipment. Rev- and illegal weapons proliferation, I am would be capable of delivering long- elation of such activities garners few prepared to concede my concerns are range conventional or nuclear pay- headlines because this behavior is unfounded. But I fear that the next few loads. nothing new. They have been doing it years will continue to confirm an obvi- Whether it is military or economic for a long time and no one seems to ous trend. The time to act is now, be- expansionism, human rights, illegal care. fore the problem is beyond the realm of

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5508 CONGRESSIONAL RECORD—SENATE April 4, 2005 policy. We urgently need a coherent ator should also be reminded he cur- spent much time looking back at his strategy for dealing with China, one rently has a 10-minute time limit. accomplishments—decisions and ac- that allows room for China’s changing f tions made within the walls of the Vat- role without sacrificing our national ican and those he brought abroad HONORING POPE JOHN PAUL II security and other interests. through Europe, Africa, the Americas As I have demonstrated, we are on a Mr. KENNEDY. Mr. President, and Asia. collision course with China on all lev- around the world as we honor the pass- His steady beliefs and convictions els: economically, militarily, and ideo- ing of the Holy Father, we are filled helped inspire peace and human dignity logically. The situation has only wors- with his spirit and we are inspired by throughout the world. He taught not ened since my previous floor speeches his legacy of peace and compassion. We just Catholics, but people of all reli- about China in 1999. We are two trains pray for him and we pray for one an- gions, the power of faith, principles and accelerating in different directions on other during this time of grief and re- courage. And he taught us to use this the same track. After the last decade I flection. power to address the social and eco- think we have seen that appeasement I first saw the Holy Father in Boston nomic issues that we face each day doesn’t work; it’s time to deal in a very in 1979 as he touched American soil for with truth and morality. real way with our unpaid bills. the first time as Pope and reached out While people may disagree with his I often think about the appeasement to the American people with his holy conclusions on specific issues, John policies we sometimes have against strength. Several hundred thousand Paul II’s consistent efforts to promote these countries. rain-soaked men, women, and children the value of all people remained stead- I think it was Horace Mann who said: gathered on the Boston Common to fast. He led by example, exposing over- hear his homily that began with his ex- No man survives when freedom fails. The looked areas of the developing world— traordinary welcome, ‘‘America the best men rot in filthy jails. Those who cried those infested with poverty to lands ‘‘appease, appease’’ are hanged by those they Beautiful, even if it rains!’’ And overrun with land minds—and he did so try to please. through his eyes that was what we without alienating or rejecting persons were: beautiful, free, and open to all I am afraid that pretty well describes or world leaders who disagreed with possibilities. our relationship with China. him. Under his leadership, the Com- He greeted my family warmly on I hope this debate will awaken the many occasions and blessed us for all munist domination of Poland came to American people to the real threat our endeavors. On our visit to the Vati- end, the Vatican and the State of Israel China poses. To that end, I intend to can in the 1980s, he welcomed my sister established diplomatic relations, and deliver several more talks highlighting Jean’s Very Special Arts program for an unprecedented effort to cleanse the the United States-China Commission’s the disabled in the arts and partici- church’s conscience began. report and will introduce a resolution pated in a festival for 7,000 Italian chil- On his fifth and final trip to the to formally adopt the Commission’s dren who were challenged physically. United States in 1999, Pope John Paul recommendation. He told us that in God’s eyes, we were II reminded a flourishing country to I remember so well back when I was all created equally, we all had creative look beyond material growth and ad- critical of the Clinton administration gifts, and all of our talents were en- dress the poverty, the spread of gangs, in the very opening months of that ad- lightened by God. On that occasion I drugs and violence staring us in the ministration in the early 1990s when presented him with a bust of President face. one of the first things they did at our Kennedy, whom he spoke graciously Just a few years later, he stood with energy laboratories was to inten- about. us, a broken nation, on September 11, tionally lower our security policy. In countless ways during his years as 2001, to help victims, friends, and fami- They did away with background Pope, the Holy Father inspired people lies grieve for their loved ones and turn checks. They did away with the color- throughout the world and brought their loss into good. coded security badges to demonstrate them together in peace and reconcili- Today I stand with Arkansans to on site what level of security an indi- ation. In his travels to distant lands, offer prayer and to pay homage to Pope vidual could have. They did away with citizens of many different faiths were John Paul II, one of the most inspira- some of the FBI checks. I was very dis- deeply moved by his appeals to the tional leaders of our time and a great turbed. That was over 10 years ago. We common humanity of all people under defender of faith. knew this was coming, and now it is God. And in his final days, he inspired The PRESIDING OFFICER. The Sen- here. It is time for us to take a dif- us all again with the surpassing grace ator from Oregon is recognized for 30 ferent policy to China. and dignity with which he left us. minutes. With that, I yield the floor. I am struck by the words of one of f I suggest the absence of a quorum. the Pope’s favorite passages that was END-OF-LIFE CARE The ACTING PRESIDENT pro tem- read to him in his final hours, from pore. The clerk will call the roll. Psalm 119: Mr. WYDEN. Mr. President, late last The assistant legislative clerk pro- Remember your word to your servant, for week, the Nation witnessed the end to ceeded to call the roll. you have given me hope. My comfort in my a saga that was heartrending not only Mr. WYDEN. Mr. President, I ask suffering is this: Your promise preserves my for the medical circumstances of the unanimous consent that the order for life. young woman at its center, but for the the quorum call be rescinded. Pope John Paul II lives on in the tragic controversy that surrounded it. The ACTING PRESIDENT pro tem- hearts of all of us who were touched so The Congress has spoken once about pore. Without objection, it is so or- deeply by his life. May his example Terri Schiavo, and in the near future dered. continue to guide us and people every- the Senate’s Committee on Health, Mr. WYDEN. Mr. President, I ask where in all the years ahead. Education, Labor, and Pensions is ex- unanimous consent I be permitted to Mr. PRYOR. Mr. President, on the pected to hold hearings about one of speak for up to 30 minutes after the evening of October 16, 1978, white the issues Ms. Schiavo’s situation distinguished Senator from Massachu- smoke curled from a chimney atop the brought to the spotlight: the rights of setts. Sistine Chapel signaling the election of the incapacitated and our society’s re- The ACTING PRESIDENT pro tem- Cardinal Karol Wojtyla of Poland. The sponsibility toward that community. I pore. Without objection, it is so or- crowds in St. Peter’s Square roared hope the Congress will now begin a dered. with great enthusiasm, even before thoughtful examination of this and Mr. KENNEDY. Mr. President, I un- they knew of the extraordinary papacy issues relating to end-of-life care. For derstand we are in morning business. he would lead for 26 years. that reason, I rise today to urge and The ACTING PRESIDENT pro tem- As our Nation continues to grieve the encourage caution as the Senate moves pore. The Senator is correct. The Sen- loss of Pope John Paul II, we have forward.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5509 George Washington called the Senate forward, there ought to be a course cor- States and the District of Columbia the saucer to cool the legislation. I rection. True leaders will approach have made provisions for the declara- would say the Senate, in fact, must these choices dispassionately with a tion of individual choices, often cool its own passions before pro- set of impartial principles. through the creation of an advanced di- ceeding. The alternative is unaccept- I will spend a few minutes discussing rective or a living will. If the Congress able. The Senate must not revisit the what I think those principles ought to acts, it certainly should not thwart dangerous zero-sum game of 2 weeks be. First, the Senate should help em- State laws in this area. Our goals ago, creating a false debate between power Americans to make their own should be to increase awareness and ac- those who seek protection and those choices about the end of life, whatever cess and to look for ways to aid the en- who desire choices and actually sacri- those choices should be. Policy ought forcement of those wishes of families ficing one of those rights to secure the to be grounded on the principle that and the health care system. other. This body’s responsibility is to Americans setting their dining room Certainly, living wills should be en- find solutions that preserve both. Pro- tables, in their kitchens, discussing couraged, and thousands of Americans tecting the vulnerable and preserving their wishes and their fears with their now are looking to fill these forms out. end-of-life choices are not mutually ex- loved ones, and asking in the end that But in many instances, frequently that clusive. Advocates for the disabled are government should make sure their de- living will, a piece of paper, is not right when they say that losing phys- sires are carried out. The choices they enough. Too often people will still be ical or mental capacity must not de- have to discuss—discuss in their homes confused about an individual’s real de- prive anyone of their rights even if and in their workplaces—ought to be sires. Too often the language will not they have not had or taken the oppor- expanded, not weakened, by Govern- be clear or subject to misinterpreta- tunity to make their treatment and ment and bureaucracy. Our policies tion. The bioethicist Carl Schneider of wishes known. should help their wishes to be honored the University of Michigan said he is There is legitimate cause for worry by their families and their health care ‘‘appalled’’ at the number of people that the majority of our population system—their lives sustained as they who are advising the public that a liv- might give short shrift to the real wish or unwanted treatment ended as ing will alone will be sufficient. He rights of a minority group. Journalist they wish. states: James Taranto summed it up well Second, as the Senate looks at the Living wills often do not work. when he said: end of life, the Senate needs to look at So the national discussion about end- It was natural for an able-bodied person to the entire picture. End-of-life care is of-life choices should include informa- think: I wouldn’t want to live like [Terri more than respirators and feeding tion that will ensure that wishes be Schiavo]. But someone who is disabled and tubes and even more than living wills. carried out, not just stated. As na- abjectly dependent on others was more apt The Senate has to get beyond today’s tional leaders, those of us in the Sen- to be chilled by the talk of her ‘‘poor quality hot-button questions. The Senate ate can promote this discussion. of life’’ and to think: I wouldn’t want to be ought to look at the fundamentals: Most folks looking into advanced di- killed like that. conquering pain, expanding hospice rectives today seem to think they can Let us reject any legislative effort care, capping the great potential of just avoid a controversy through a liv- that springs from these false choices comfort care, which is known as pallia- ing will. Maryland Attorney General diminishing the rights of the incapaci- tive care. Supporting new ways to Joe Curran recently said that 27,000 tated and all Americans. New Federal treat a very ill patient physically, spir- people in his State alone downloaded efforts may have the goal of protecting itually, and emotionally, long before the forms over a period of 7 days. That rights, but they may have the real ef- the last days of life, is a good use of the is compared with 600 downloads during fect of engineering outcomes with lit- Senate’s time. just 1 week in January. But, as I have tle regard to a patient’s true interests. Third, the Senate must address end- indicated today—and I know it will be Instead of courting this risk, the Sen- of-life issues with respect for constitu- surprising to many Americans—the re- ate should seek to empower the dis- tional boundaries that have been dan- ality is the laws vary with respect to abled and all Americans. gerously dismissed to date. For the last living wills and advanced directives, My sense is that momentum still ex- 2 weeks, issues of separation of powers and often they do not ensure enforce- ists in this body to act unwisely in a and federalism have received virtually ment of a patient’s wishes. Therefore, way that will produce more govern- no attention. The Senate needs to re- Americans need to know about vital ment and fewer choices for all Ameri- flect on the roots and the reason of fed- mechanisms in addition to the living cans at the end of life, so let me be eralism, which has given the States will. For example, the health care clear. I intend to oppose any congres- control over medical practice for more proxy, which designates one person if a sional fiat that disempowers our citi- than 200 years. There is a line the Sen- person becomes incapacitated, is an- zens—disabled, abled, incapacitated, or ate must not cross again. Beyond that other approach that may be a value to otherwise. I will oppose any such dic- line are the constitutional rights of our citizens because it leaves no doubt tate that restricts the choices for our States and, ultimately, the rights of as to who speaks for those who cannot citizens at the end of life and grows the our citizens. speak for themselves. role of government instead. Those individual rights, or citizens There are other options that can help In the last 2 weeks, Americans have rights, ought to be the Senate’s first ensure the effectiveness of an advanced overwhelmingly cautioned the Con- guideline in moving forward. I realize directive. My home State uses a docu- gress against government mandates for the temptation is to frame the debate ment called a ‘‘POLST,’’ which stands the end of life. Many voices are speak- entirely in terms of the heartbreaking for ‘‘Physician Orders for Life-Sus- ing. Some have been shouting. If the situation of Ms. Schiavo. I believe it taining Treatment,’’ a bright-pink doc- Senate can’t yet distinguish the coun- would be a mistake, however, to base ument that physicians place in pa- try’s clearly stated desire, then this Federal law on the basis of the tragic tients’ charts to help nurses and hos- body ought to fall silent and listen chaos that transpired in that woman’s pice workers and other providers follow harder before acting. family. The Senate cannot jump in now the wishes of the patients for end-of- In many ways, this is the central and play medical czar to predetermine life care. Studies show these physician question of our time: whether the Fed- the outcome of every similar case. Our orders, the product of a frank discus- eral Government will seek to expand responsibility is to help individuals and sion between patients, families, and its reach when the citizens wish for their families to avoid the compounded providers, result very often in the kind more individual empowerment. Pre- tragedy that occurred in that family. of end-of-life care that patients desire. sented with that question 2 weeks ago, Helping Americans make their wish- There are various approaches being the Senate got it wrong. The American es clear is paramount. There are a vari- tested in other States as well, and the people have made it clear that moving ety of ways this can be done. The 50 Senate should promote them. One of

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5510 CONGRESSIONAL RECORD—SENATE April 4, 2005 our most valuable guidelines in moving have written that recognizes that too fying, assessing, and treating pain and forward should be the 1990 Patient Self- often at the end of life pain goes un- other problems. Those can include Determination Act. Its spirit and letter treated for the dying patient. The Con- physical problems, emotional prob- ought to be honored for two reasons. quering Pain Act does not tell pro- lems, and even spiritual concerns. Pal- First, the law was passed by the Con- viders how to practice medicine. It cer- liative care is appropriate even before gress to encourage and ease the use of tainly does not override the States’ hospice care. It is even compatible States’ advanced directives. It requires constitutional right to oversee medical with aggressive efforts to prolong life, many Medicare and Medicaid providers practice. But it does serve to ensure such as chemotherapy or radiation to discuss advanced directives and how that patients in every corner of our therapy. they will be carried out. Its require- country, 24/7, 7 days a week, can get ac- The Palliative Care Training Act will ments in that respect are as correct cess to help as they try to deal with ensure that our country has more today as they were 15 years ago. pain. trained professionals to offer these The second requirement of the 1990 This legislation creates six regional critical comfort care services. The leg- Patient Self-Determination Act is just Family Support Networks to assist islation addresses a need that the Sen- as important. It prohibits discrimina- physicians and families of patients in ate has ignored too long. Without it, tion against those who do not have an pain, and it ensures that in every sin- our citizens will not have enough dedi- advanced directive. Now, it is esti- gle community in this country Ameri- cated professionals to meet this enor- mated that as many as 75 percent of cans know where to turn to get infor- mous need. Americans do not have an advanced di- mation and help when loved ones are As the distinguished Presiding Offi- rective to guide their end-of-life suffering. Americans deserve to know cer and I have discussed often, we are choices. Under the Patient Self-Deter- their health care providers and their in the middle of a demographic revolu- mination Act, mandating different and families will have resources to ease tion. We will have many more older discriminatory treatment for Medicare suffering. I believe the ability to see a people. It will not be uncommon for in- and Medicaid patients without ad- loved one’s pain properly treated can dividuals to live beyond 100, and with vanced directives is specifically ruled help families across this country. It Americans living so much longer than out. That is the kind of protection I be- certainly will add dignity and preserve they did a century ago, it is important lieve all Americans deserve: protection choices at the end of life. they have options that work for them. that ensures the preservation of all My second effort will focus on the And demand for comfort, for palliative their choices. vital work of hospice programs. More care, is certainly going to grow. With all the American health care Now, I am grateful that Senator HAR- Americans are familiar with hospice system has to offer, there has to be KIN and others are tackling vital today through Ms. Schiavo’s case, but better care for patients and their fami- issues, important issues that often go its true purpose may still be somewhat lies at the end of life. I hope these ignored, such as the concerns of those unclear. Hospice programs provide a three bills I have described will get who are disabled. Americans should ex- range of services to control pain and careful and thoughtful examination in pect the Senate, however, to do even other symptoms, maintain dignity, and the days ahead and in the hearings that more. provide comfort care, primarily to in- In this Congress, I will advocate vig- apparently will begin later this the dividuals in their own homes. orously for three pieces of legislation week in the committee on which the But the hospice benefit under Medi- that take an appropriate Federal ap- distinguished Presiding Officer serves. care needs to be improved. Today, proach to key end-of-life issues. If the As I have indicated, I believe the about 20 percent of patients who die in Senate has a commitment to consider Senate has not been appropriately the United States receive hospice care, the end of life seriously, I would expect careful in recent weeks. When this and of that low number few begin their those bills to come to a vote. They all body first considered legislation re- care early enough to receive the full involve issues I have been working on garding Ms. Schiavo, I made my objec- benefit of hospice. Medicare requires since the early 1970s when I was co- tions known. I was compelled to block director of the Oregon Gray Panthers patients and doctors to stop all treat- the initial version of the legislation, a and taught gerontology at several Or- ment that might bring a cure before bill that was put forward without hear- egon universities. I have been working they can begin hospice treatment. I do ings, without discussion, and one that to improve care for older people and not believe—I do not think Senators threatened to turn the Congress into a the dying throughout my service in the will believe—that patients should be convention of case-by-case medical Congress and as a member of the Aging required to abandon all hope of recov- czars. In my view, that legislation Committee in both the House and the ery to get the good hospice care they intruded dangerously on States’ rights Senate. need, but that is what the Medicare to determine medical practice. For more than a decade, the people of law states today. It makes no sense, I worked with colleagues so Congress my home State of Oregon have had a and it ought to be changed. could pass bipartisan legislation that passionate and thoughtful debate on My Medicare Hospice Demonstration in my view didn’t set that dangerous end-of-life issues. Through all of this, I Act permits patients to seek hospice precedent, particularly as it related to have found that our health care system care as they seek a cure. It will not re- my own State’s law that the people of often neglects how people die and how quire patients and their families to Oregon have now approved twice. I important it is to make dying patients abandon hope even as they move to- didn’t filibuster that final bill, which I and their families more comfortable. wards acceptance. For many, it will re- had concerns about, but my concerns Almost half of the dying experience sult in better care, more control, and remain. I do not wish to see the steps moderate to severe pain in the last more peaceful passage through the end of the Capitol as the new gathering days of their lives. It does not have to of life. place for Americans to bring their dif- be that way. The distinguished Pre- Finally, the Senate ought to promote ficult family disputes at the end of life. siding Officer is one of our authorities training in what is called comfort care I certainly do not want to see our Con- on medical technology, and he knows or palliative care in our medical stitution trampled. Unfortunately, medical technology and know-how schools. This is a practice that is im- Congress has now opened the door to exist today to reduce the suffering that portant for the Senate to understand. both those possibilities. I am describing. What does not exist is Comfort care, palliative care, helps ter- The Senate has a renewed responsi- a medical system that supports clini- minally ill patients live as actively as bility to do better. Each State’s con- cians trying to address these issues or possible and helps their families cope. stitutional right to determine medical a system to support patients and fami- It neither hastens nor postpones death. practice exists whether the Congress lies as they try to find help for pain. It is offered in hospice programs, in the agrees or disagrees—to put it bluntly, I intend to reintroduce the Con- home, and in other settings. It pre- whether Congress likes it or not. Con- quering Pain Act, a bipartisan bill I vents and relieves suffering by identi- gress cannot only respect the principle

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5511 of States rights when it thinks the Does it clarify and expand and ensure which I can try to attach an amend- State is right. In the same way, the the choices that individuals and fami- ment that would have a significant pol- checks and balances the Founding Fa- lies can make? Does it aid in the hon- icy effect upon our defense posture. thers set among the executive, legisla- oring of those wishes once expressed, It is no secret that a number of us tive, and judicial branches, those pow- whether those wishes are to have life have joined in opposing the Pentagon’s ers are not up for negotiation because sustained or unwanted treatments plans to scrap one of our 12 aircraft they produce an outcome that is unac- withheld? Does it protect the rights of carriers. The aircraft carrier they have ceptable to some Americans. Before those in the disability community and selected is the John F. Kennedy, which acting, the Senate ought to consider those who are incapacitated, particu- is home ported at Mayport Naval Sta- the very nature of federalism that has larly when they have not had the op- tion, which is in Jacksonville, FL. Nat- brought and held our States together portunity to make their wishes known? urally, I speak for the interests of for more than two centuries. Then the Does it speak to more than the polit- Jacksonville and the State of Florida, Congress should think carefully about ical debates of the moment and truly but I speak with a much larger vision whether it makes sense to tear down a take in hand the basic issues at the end about the defense interests of our coun- basic pillar of our national contract. of life? Does it contribute to less pain, try. This body writes Federal laws. If the better care, and more peace for those For example, if the Pentagon, which Senate does not like the effect of a at the end of life? Does it fully meet I think has made a wrongheaded deci- Federal law, our prerogative is to the responsibility of the Senate with- sion on budgetary reasons—they think change it. But it is not the Senate’s out usurping the constitutional role of it is going to save them a billion dol- prerogative to play constitutional the States and the judiciary? And fi- lars when in fact it is not, but even so, chicken when matters happen outside nally, does it meet the obligations of if that were true, in the middle of a of our jurisdiction. That is true no the Senate to the American people war is not the time for us to be reduc- matter how strong our personal pas- without extending our reach into their ing our ability to protect our forces sions may be. personal lives? around the world with these floating I have fought for the rights of my The Senate has an obligation to learn air fields that we call aircraft carriers. State and its voters to decide the issue from the events of the last 2 weeks. Be- And we only have 12. The Pentagon is of physician-assisted suicide at home fore acting, let us think. The Senate proposing to scrap one of the 12. in Oregon. As I make this point, I want has been called the world’s greatest de- There is another reason. As a result to point out that I voted twice against liberative body. Let us now be more de- of the announcement that was made by this law as an individual citizen. On liberative as we dare to approach issues the Navy this past Friday night after two occasions, I cast my personal bal- that are more intimate and more per- business hours, the Navy is going lot against legalizing assisted suicide sonal than any others we could discuss. through with the plans on the Kennedy in my State. In addition, I voted The truth is, Americans’ end-of-life by scrapping the plans for rehabbing it against Federal funding of assisted sui- choices should not be made by strang- in dry dock. It is not a surprise, but it cide as a Member of this body. But the ers in the Congress, pushed by the pas- is a confirmation that it is the John F. people of my State have spoken on an sion of one case or the political prior- Kennedy they are planning to axe. The issue they have a right to decide at ities that press on every side. Ameri- significance of this from a defense pos- home in Oregon. As I have said in this cans are going to continue to wrestle ture is that it leaves all of our remain- body, I intend to defend their right to with end-of-life care for themselves and ing carriers in the Atlantic fleet home make that decision in every way I can. their loved ones for as long as breath is ported in one port—Norfolk, VA. In the case of Ms. Schiavo, I believe drawn on this soil. Americans will The significance of that is in testi- that Floridians, through their rep- bring all they have to bear ethically, mony in our Senate Armed Services resentatives in the State legislature, morally, and spiritually to make the Committee, over and over, four star ad- deserve the same leeway to decide such best decisions for themselves and to mirals have come in front of us and medical matters for themselves. When honor the decisions of their loved ones. said: Don’t keep all of your carrier as- Congress ignored the fact that Flor- The Senate must equal their effort and sets in one place. Spread them out. ida’s legislature was still working on do its duty with honor for those at the It is no secret that when a terrorist the case and ignored the right of the end of life. is looking to do some damage of clos- State courts to rule, it sought to weak- I yield the floor. ing up a port, particularly a port that en Florida’s rights, Oregon’s rights, The ACTING PRESIDENT pro tem- is upriver such as Norfolk, with some and the rights of every State in our Na- pore. The Senator from Florida. one or several carriers that could be in tion. Any legislation this body passes Mr. NELSON of Florida. Mr. Presi- port, just sinking debris in the channel now should not pose the same constitu- dent, what is the parliamentary proce- could close up the port. That is not the tional threat. The legislation I have dure we are in at the moment? defense posture we want. outlined today will not, and I will op- The ACTING PRESIDENT pro tem- So there is no one who is in the uni- pose any legislation that does so again. pore. The Senator from Florida should formed military who thinks you should It is an imperfect process even for know that we are in morning business not spread your assets. As a matter of States to rule on medical matters. and there is a 10-minute limit on the fact, on the west coast, on the Pacific End-of-life issues are about the heart Senator’s remarks. fleet, we have three ports for aircraft and the head, about our personal mor- f carriers. The response is: If you are als as well as the law. Letting States going to scrap the Kennedy, which is a decide is the rule of the Constitution I USS ‘‘JOHN F. KENNEDY’’ conventional carrier, powered by oil, have sworn to uphold, and I intend to Mr. NELSON of Florida. Mr. Presi- why not then take one of the nuclear stand up for that principle. It is a criti- dent, I want to inform the Senate I am carriers and put it down at Mayport cally important principle that the Sen- introducing a bill today that I will Naval Station and you have achieved ate stand for. And it is a principle that offer as an amendment to the supple- the same thing? That would be good, ought to dictate our actions before any mental funding bill for defense which is but it is going to take, according to legislation comes to a vote on the supposed to come out of the Appropria- testimony in the Armed Services Com- floor. In hearings this week—and in tions Committee this week and will be mittee, a minimum of 5 to 7 years be- any part of the legislative process— coming then more than likely to the fore that could happen because of the there are responsibilities to fulfill be- floor next week. This supplemental ap- environmental impact statement that fore the Senate acts or there is a risk propriations bill is a must-pass bill be- first has to be done and then, secondly, of gravely irresponsible legislation. cause it contains the funding for addi- the reconfiguring of the docks and the The Senate should ask: Does any leg- tional expenses on the war in Iraq. As other facilities to be able to handle a islation on end of life meet key tests? such, it becomes a vehicle through nuclear-powered carrier. The result of

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5512 CONGRESSIONAL RECORD—SENATE April 4, 2005 this is that for 5 to 7 years you do not I know if I offer this, if it is not being whisked away in the dark, never to be have another home port for a nuclear considered in the Pentagon, that I am heard from again. Yet John Paul’s per- carrier on the east coast of the United swimming upstream. But I think it is severance eventually awakened the States, and all of them are home- worth the fight, not only as a Senator soul of a nation of secret believers who ported in one place. That is not the de- representing Florida but as a member stood in candlelit solidarity to bring fense posture the United States should of the Senate Armed Services Com- down an evil empire. be in. mittee; it is a matter of protection, of According to Harvard theologian It is another thing to talk about the the defense interests of this country. George Williams, a Protestant who be- parochial interests, which I represent, Mr. President, I yield the floor. I sug- friended the Pope many years ago, he of Jacksonville and Florida. That is gest the absence of a quorum. is an imposing man in physique, big in certainly an economic hit because The ACTING PRESIDENT pro tem- intellectual vision, who deeply enjoys Jacksonville, even if they get a nuclear pore. The clerk will call the roll. people. In a most remarkable way, he carrier—and by the way, 5 to 7 years The legislative clerk proceeded to is a man whose soul is at leisure with down the road it is another administra- call the roll. himself. tion and another Congress to make Mr. CORNYN. Mr. President, I ask Only two Popes have served longer those decisions—but in the meantime, unanimous consent that the order for and none with more sustained vigor, Jacksonville doesn’t have a carrier for the quorum call be rescinded. clarity, or cheerfulness. Even after his 5 to 7 years, with the economic hit that The ACTING PRESIDENT pro tem- step faltered and his voice began to takes place and the Nation doesn’t pore. Without objection, it is so or- waiver, he bore his infirmities with have its carrier assets spread on the dered. honor and humor. Although his body Atlantic coast of this country. That is Mr. CORNYN. Mr. President, I ask was failing, his indomitable spirit con- not a position we should have. unanimous consent that I be recog- tinued to touch the world and teach us I am going to offer a compromise, nized to speak for up to 10 minutes, but about the strength and promise of the since it seems that the Pentagon is ab- then following my remarks that the human heart. solutely intent on scrapping—they call Senator from Tennessee be recognized This great Pope was loved by people it mothballing—this carrier. The com- for any remarks he might have, and of various religions and across ideolog- promise I am suggesting, and I talked following the conclusion of his remarks ical spectrums. Even many who dis- to the Vice Chairman of the Joint that I might then be recognized at that agreed with him respected his grand vi- Chiefs just moments ago, is since the time. sion and his convictions. Having cap- Navy and the Pentagon have decided The ACTING PRESIDENT pro tem- tured the world’s attention and admi- they are not going to rehab the John F. pore. Without objection, it is so or- ration by standing for our better an- Kennedy in a dry dock and save that dered. gels for so long, Pope John Paul II will expense, but the Kennedy can remain f surely stand with President Ronald operational for the next 3 to 4 to 5 Reagan as one of the giants of our years without being rehabbed in dry HONORING POPE JOHN PAUL II time. dock, let us keep our assets dispersed Mr. CORNYN. Mr. President, today Both men understood deeply where on the east coast until these decisions we mourn the passing of a great man. the hope of mankind lay—in faith, in are made and the facilities are changed In the long history of Roman Catholic courage, in liberty. On October 11, 2001, so we can spread our nuclear carrier as- Popes, John Paul II is among the 1 month after the devastating terrorist sets. attacks of 9/11, John Paul offered this That does another thing for the de- greatest in championing human dig- prayer: fense policy of this country. There is a nity. He also was a champion for the question coming up in 2008, when the sanctity of human life and for the fam- O God almighty and merciful, he who sows ily and for working for the good of his discord cannot understand You. He who loves conventionally powered aircraft carrier violence cannot welcome You. Watch over us Kitty Hawk is scheduled to be decom- Church. He is the kind of leader who only comes along once in a very great in our painful condition, tried by the brutal missioned. She is now home-ported in acts of terrorism and death. Comfort Your Japan because Japan, the Japanese long time. children and open our hearts to hope that in Government, has had a policy of not As the most traveled pontiff of all our time, we again may know serenity and accepting a nuclear carrier. What hap- time, Pope John Paul personally deliv- peace. pens if by 2008 the Japanese Govern- ered hope, encouragement, and inspira- I can only add my own amen to that ment does not change the policy and tion to more people in more places prayer. will not receive a nuclear carrier? Then than any other person in human his- I yield the floor to Senator ALEX- we ought to have the John F. Kennedy tory. And he was especially beloved by ANDER under the terms of the previous kept alive in an operational status the youth, the future of our world, with order. where it can fill that role and, over the whom he had a very special relation- The ACTING PRESIDENT pro tem- course of the next 3 years coming up to ship. pore. The Senator from Tennessee. 2008—and we are in 2005 right now—we Catholics and non-Catholics alike Mr. ALEXANDER. Mr. President, I will know the status. should feel fortunate to have had such thank the Senator from Texas. I join From the standpoint of defense pol- a leader in our midst, a man who gave with him in his thoughts about Pope icy, No. 1, of spreading our carrier as- so much to humanity. John Paul II and the thoughts of our sets, the compromise I am offering Undeterred, perhaps even driven a bit other colleagues that have been ex- makes sense. No. 2, from the stand- harder by an assassin’s bullets, this de- pressed. He was a man of sincerity and point of being able to respond quickly vout man embarked on an exhausting great character. He traveled more than if we needed another conventionally journey over a quarter of a century to any other Pope. He traveled the United powered carrier in Japan, we would spread words of freedom, compassion, States more than any other Pope. He have a backup conventional carrier in and justice. His mission seems to have carried a message of peace. He carried 2008 if the Japanese Government would been nothing less than redemption of a message of charity. He had a pro- not receive a nuclear carrier. And, No. the world. Surely, but for men such as found impact on the world and his na- 3, it would not disrupt the lives of all this, the world would have long fallen tive country of Poland. It can fairly be those Jacksonville families by sud- into irreparable chaos and decline. said that Poland would not have over- denly abolishing one of our carriers Elected Bishop of Rome on October thrown communism, at least not when and all of the 5,000 sailors and their 16, 1978, Pope John Paul II’s faith and it did, had it not been for Pope John families and perhaps other ships in the courage was forged and proven as a Paul. carrier battle group that would go Polish priest standing up to the hor- I remember in 1987, our family had away. It seems to me it is the prudent rors of the Soviet Union. He took his lived in Australia for 6 months, three defense policy thing to do. stance at a time when dissidents were teenagers and a 7-year-old, and we

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5513 came home from around the world in a the 844th Engineer Combat Battalion, mation so I could help seven reservists little different way. We took a train which is based in Knoxville, which in- who are having trouble with their citi- from Moscow to Paris. This was before cludes more than 500 Tennesseans. One zenship applications. the Berlin Wall came down. All of us, of those reservists is SGT Amanda Here are three other thoughts from our different ages in our family, re- Bunch, a nursing assistant at Asbury that visit: member how in Poland the churches Acres in Maryville, my hometown One, armored vehicles. Commanders were open and vibrant, they were ac- where my mother and grandfather in Kuwait assured me that no humvee tive, and people were there. In Russia, lived for a few years. The school super- or truck is now going into a combat they were museums. We thought about intendent from Athens, just down the zone without Level I or Level II armor. that. We think about that today as we road from my hometown; the president Second, in the training of Iraq forces, reflect back on the role of this man of the Lexington Rotary Club in west we met with GEN David Patraeus, the who was an example for each of us and Tennessee, a physician; three Blount former commander of Fort Campbell’s who deserves the world’s attention, the County deputies, from my home coun- 101st Airborne Division and one of our world’s prayers, and the world’s ac- ty—all among those serving in the Ten- most accomplished military leaders. claim. nessee National Guard. He persuaded me and I think most f I may have felt at home, but as LTC other members of our delegation that Don Dinello, who commands the 844th, training is proceeding in an impressive EIGHT-DAY BIPARTISAN reminded me, no place there is entirely way. It is not complete, but we are CONGRESSIONAL DELEGATION safe. A few days earlier, a patrol had making progress. Mr. ALEXANDER. Mr. President, I discovered explosives on a bridge over Finally, infant democracies. We have have remarks that I would like to which the colonel’s soldiers might have sacrificed many lives and paid a heavy make on two different subjects. One traveled. Thankfully, the explosive de- price in dollars to invade Iraq and re- has to do with a visit by a delegation of vice was disarmed before anyone was move Saddam Hussein, but without Senators led by the Democratic leader, hurt. that decision there would be no infant the Senator from Nevada, Mr. REID, In Baghdad, I ate lunch with three democracies in Iraq and Afghanistan. and then a brief remark about the pro- marines who were recent high school Georgia, Ukraine, and Kuwait would be posal that we use the supplemental ap- graduates from Savannah, Manchester, less democratic, and Syria would not propriations bill to turn State driver’s and Tullahoma, TN. Their mission is to be pulling troops out of Lebanon. We in licenses into national identification guard the U.S. Embassy. I asked one of the world are safer without Saddam cards. these young men what a U.S. Senator Hussein, who the new Prime Minister First I will comment on the 8-day should know about their work. Andrew designate of Iraq, if he is elected, told congressional delegation that I was a Pottier of Savannah told me: us, in his words, that Saddam had bur- part of over the last recess. It was led, Not much to know, sir. They shoot at us ied alive 300,000 people. as I said, by the Democratic leader. Let and we just shoot them back. When will our troops come home? I me say first how much I appreciate the Not even in the Green Zone, where do not know. I believe we must have a style of his leadership. He is the Demo- several thousand Americans work success strategy, not just an exit strat- cratic leader, and occasionally there is every day, was it entirely safe. The egy. This strategy should be based on a partisan word in this place, but this protocol officer greeted us wearing a whether Iraqis can reasonably defend was a bipartisan delegation. We visited nice green dress covered by a flack themselves and whether they have eight countries in 8 days, including Je- jacket. When one of the members of some sort of constitutional govern- rusalem, Israel, the Palestinian terri- our delegation, a female Senator, went ment. Having liberated Iraq, it is now tories—visited leaders of the Pales- to the ladies restroom, a female soldier not our job to stay there until there is tinian Authority—we visited Kuwait, with an AK–47 went first, inspecting a perfect democracy. Iraq, Georgia, and the Ukraine. In every stall. We Americans are very impatient. France, we received a NATO briefing I was reminded just a couple of days We also sometimes have short memo- from our ranking general. ago how dangerous it can be when I ries. We are expecting the Iraqis to I think it is important for this body went to the funeral in Sevier County of come up with a constitution by August. to know that in all of his public and SGT Paul W. Thomason, III, the first It took America 12 years to write a private comments, the Democratic member of our National Guard unit, constitution after declaring our inde- leader spoke for the administration of the 278th, to be killed. pendence, another 130 years to give the U.S. Government. In other words, It is very difficult to grasp the re- women the right to vote in this coun- whatever his private views of policy ality of the security situation in Iraq. try, and nearly 200 years before African difference might have been, he did not It is hard to grasp it from television. Americans were allowed to vote in express those outside of this country. I On the one hand, there is the danger I every part of America. was not surprised by that—I think that just described. On the other hand, our I hope after the two Iraqi elections is the way it ought to be—but I was im- casualties are significantly down. scheduled for the end of 2005 that we pressed by that. I was impressed by Twelve of the 17 Iraqi provinces, we will begin to see large numbers of Ten- that part of his attitude, by the bipar- were told by our commanders there, nesseans coming home; for our average tisan quality of the delegation, and by are relatively without incident. An av- stay in other instances where the the hard work he expected of those on erage of 800 supply trucks convoy each United States has helped build nations, the delegation. I appreciated the day from Kuwait to the edge of Bagh- as in Germany and Japan, has been chance to be included, and I appre- dad. Since August, there have been 166 about 5 years. ciated his leadership. attacks on these trucks, killing 2 sol- The Presbyterian Chaplain of the As I am sure the Senator from North diers. 844th—which I visited—Rev. Tim Fary Carolina, who occupies the chair, Forty percent of those serving in Iraq from Rhea County, I discovered I had knows, and the Senator from Texas and Kuwait are reservists or guards- met before. He was then 8 years old and feels the same way, there are so many men. Several thousand of them are I was Governor of Tennessee. I was thousands of people—in my case, Ten- from Tennessee. Most left behind fami- playing a piano concert with the Chat- nesseans—serving in Iraq and Kuwait lies, jobs, and mortgages for up to 18 tanooga Symphony at a July concert that I almost felt at home visiting months. Far from home, they are deal- at Chickamauga near Chattanooga. there last week. My wife Honey and I ing with child custody, insurance, Tim Fary, 8 years old, was lost. were greeted at the Kuwait Airport by births, and deaths. Thirty percent of He told me: an Army reservist who is publisher of the members of the 844th unit, with When I found my parents 2 hours later, I the Dyersburg News and copublisher of whom I visited, are continuing their had a handwritten note that read, ‘‘Dear the State Gazette. We had dinner with education online. I brought home infor- Tim: Thank you for your advice. Governor

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5514 CONGRESSIONAL RECORD—SENATE April 4, 2005 Lamar Alexander.’’ That note kept me out of If just one State refuses to do the of pretending that we are not creating trouble. I still have it. Federal Government identification national identification cards, when we We hope Tim’s prayers, as well as our work, Congress would be forced to cre- obviously are, I believe Congress own, will keep our brave Tennesseans ate what it claims to oppose, a Federal should carefully create an effective safe so they can accomplish their mis- identification card for citizens of that Federal document that helps prevent sion and come home soon. State. terrorism with as much respect for pri- f Finally, if we must have a better vacy as possible. identification card for some Federal I thank the Senator from Texas for DRIVER’S LICENSES purposes, there may be better ideas his courtesy. I yield the floor. Mr. ALEXANDER. Mr. President, I than turning State driver’s license ex- The ACTING PRESIDENT pro tem- would now like to speak for 4 or 5 min- aminers into CIA agents. For example, pore. The Senator from Texas. utes on another subject. I again thank Congress might create an airline trav- f the Senator from Texas. This is a sub- eler’s card, or there could be an ex- FEDERAL COURTS ject that I recently wrote an op-ed panded-use U.S. passport. Since a mo- Mr. CORNYN. Mr. President, I want- about, which was published last week tive here is to discourage illegal immi- ed to talk a little bit about our courts, in the Washington Post. Fearing that gration, probably the most logical idea and specifically our Federal courts, and many of my colleagues might have is to upgrade the Social Security card, even more specifically the United been in places such as Texas or Ten- which directly relates to the reason nessee or Iraq and might have missed States Supreme Court. most immigrants come to the United Before I start, let me just say I have it, I will make virtually the same re- States, to work. the greatest respect for our judiciary, marks here. I have fought government identifica- the men and women who wear black Specifically, I am concerned about tion cards as long and as hard as any- robes—whether it is on a municipal the so-called ‘‘Real ID Act,’’ a bill re- one in this Chamber. In 1983, when I court or a county court or a district cently passed by the House of Rep- was Governor of Tennessee, our Ten- court like I served on in San Antonio, resentatives that would require States nessee Legislature voted to put photo- Bexar County, TX, for 6 years, or those to turn 190 million driver’s licenses graphs on driver’s licenses. Merchants who work on appellate courts, whether into national identification cards, with and policemen wanted a State identi- State or Federal, like I did on the State taxpayers, I am afraid, paying fication card to discourage check fraud Texas Supreme Court for 7 years. most of the costs. and teenage drinking. I vetoed this For 13 years of my professional life, I The first thing wrong here is that photo driver’s license bill twice be- have worn a black robe, judging cases, some House Members want to stick cause I believed driver’s licenses should first presiding over the jury trials, and that identification card proposal on the be about driving and that State identi- coming to have a great deal of respect appropriations bill that supports fication cards infringed on civil lib- not just for those judges but for men troops in Iraq. We should not slow erties. and women who serve on juries and de- down money for our troops while we That same year, 1983, I visited the cide hard cases, cases which, perhaps, debate identification cards. White House on the annual visit that they would prefer not have to sit in The second problem is that States Governors have with the President of judgment of, some involving even the not only get to create these identifica- the United States. As I got to the gate, death penalty. tion cards, States will likely end up a White House guard asked for my I don’t want anyone to misunder- paying the bill. This is one more of the photo identification. stood what I say as being a blanket unfunded Federal mandates that we I said to the guard: We don’t have criticism of either the judiciary or the Republicans especially promised to photo driver’s licenses in Tennessee. I U.S. Supreme Court, in particular. stop. vetoed them. From my own experience, judges, al- Supporters argue this is no mandate The guard said: Well, you can’t get in though they have important jobs to do, because States have a choice. Well, without one. are no different than you and I. They true. States may refuse to conform to Fortunately, the Governor of Geor- are mere mortals, subject to the same the proposed Federal standards and gia, the late George Busbee, was stand- flashes of mediocrity, sometimes mak- issue licenses to whomever they ing there next to me. He had his Geor- ing mistakes, and sometimes dis- choose, including illegal immigrants. gia photo driver’s license. He vouched playing flights of brilliance. These are But, if they do, States’ licenses will for me. I was admitted to the White not, as some people have suggested, not be accepted for ‘‘Federal purposes,’’ House. high priests able to discern great such as boarding an airplane. That is The legislature at home overrode my truths that you and I are unable to fig- some choice. What Governor will deny veto, and I gave up my fight against ure out. They are generally very intel- his or her citizens the identification the State identification card. For ligent, with outstanding educational they need to travel by air or to cash years, the State driver’s licenses have pedigrees, but no one has agreed that Social Security checks or for ‘‘other served as a de facto national identifica- judges, particularly Federal judges, Federal purposes?’’ tion card. But they have been unreli- can be or should be a law unto them- Of course, this identification card able. All but one of the 9/11 terrorists selves. idea might backfire on us, the Members had valid driver’s licenses. Federal judges are appointed subject of Congress. Some feisty Governor Even today, when I board an air- to advice and consent provisions of the might ask: Who are these people in plane, as I did this morning, security Constitution for a lifetime. They do Washington telling us what to do with officials look at the front of my driv- not run for election. They do not have our driver’s licenses and making us pay er’s license, which expired in 2000, and to raise money as do other politicians. for them, too? rarely turn it over to verify that it has I know those who do envy them that. A Governor, let us say from Cali- been extended until 2005. But the idea is they are supposed to fornia, might say: California will use My point is, we already have a na- use that independence in order to be its licenses for certifying drivers, and tional identification card. They are impartial umpires of the law—it is Congress can create its own identifica- called driver’s licenses. They are just called balls and strikes—and they tion cards for people who want to fly ineffective. should use that independence that has and do other federally regulated I still detest the idea of a govern- been given to them in order to resist things. And, if they do not, I will put ment identification card. South Afri- politics, in order to resist those who on the Internet the home telephone ca’s experience is a grim reminder of would suggest that in order to be pop- numbers of all the Congressmen. how such documents can be abused. ular you must subscribe to a particular That is what some feisty Governor But I am afraid this is one of the way of thinking or a particular social might say. ways 9/11 has changed our lives. Instead or political or ideological agenda.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5515 Given that framework the Founding would be what he called the ‘‘least dan- In so holding, the U.S. Supreme Fathers agreed was so important and gerous branch of government.’’ He Court said: We are no longer going to that I know we all agree is important pointed out that the judiciary lacked leave this in the hands of jurors. We do today to preserve that independence so the power of the executive branch, the not trust jurors. We are no longer as to preserve that judicial function, it White House, for example, in the Fed- going to leave this up to the elected causes a lot of people, including me, eral Government and the political pas- representatives of the people of the re- great distress to see judges use the au- sions of the legislature. In other words, spective States, even though 20 States, thority they have been given to make the Congress. Its sole purpose—that is, including Missouri, have the possibility raw political or ideological decisions. the Federal judiciary’s sole purpose— at least of the death penalty being as- No one, including those judges, includ- was to objectively interpret and apply sessed in the most aggravated types of ing the judges on the U.S. Supreme the laws of the land and in such a role cases, involving the most heinous Court, should be surprised if one of us its job would be limited. crimes, against someone who is not yet stands up and objects. Let me explain perhaps in greater de- 18. I make clear I object to some of the tail why I take my colleagues’ time to This is how the Court decided to do decisionmaking process occurring at criticize some of the decisionmaking that. First, it might be of interest to the U.S. Supreme Court today and now. being made by some Federal courts in my colleagues that 15 years earlier the So far as the Supreme Court has taken some cases. This is not a blanket con- same U.S. Supreme Court, sitting in on this role as a policymaker rather demnation. I hope I have made it clear Washington, across the street from this than an enforcer of political decisions I respect the men and women who wear Capitol where we are standing today, made by elected representatives of the the robe, but having been a judge my- held just the opposite. Fifteen years people, it has led to increasing divi- self I can state that part of the job of ago, the U.S. Supreme Court held that siveness and bitterness of our con- a judge is to criticize the reasoning and under appropriate circumstances, given firmation fights that is a very current the justification for a particular judg- the proper safeguards, in the worst problem this body faces. It has gen- ment. I certainly did that daily as a cases involving the most depraved and erated a lack of respect for judges gen- state supreme court justice. And I premeditated conduct, a jury could erally. Why should people respect a might add that people felt free to criti- constitutionally convict someone of judge for making a policy decision born cize my decisions, my reasoning and capital murder and sentence them to out of an ideological conviction any justification for the judgments I would the death penalty. But 15 years later, more than they would respect or deny render. That is part of the give and on March 1, they said what was con- themselves the opportunity to disagree take that goes into this. I make clear stitutional the day before was no if that decision were made by an elect- my respect generally for the Federal longer constitutional, wiping 20 States’ ed representative? The difference is judiciary, including the U.S. Supreme laws off the books and reversing this they can throw the rascal out and we Court. death penalty conviction for Chris- are sometimes perceived as the rascal I am troubled when I read decisions topher Simmons. if they do not like the decisions made, such as Roper v. Simmons. This is a re- What I want to focus on now is the but they cannot vote against a judge, cent decision from March 1, 2005. Let reasoning that Justice Anthony Ken- because judges are not elected. They me state what that case was about. nedy, writing for the U.S. Supreme serve for a lifetime on the Federal This was a case involving Christopher Court, in a 5-to-4 decision, used to bench. Simmons. Christopher Simmons was reach that conclusion. The increasing politicization of the seven months shy of his 18th birthday First, Justice Kennedy adopted a test judicial decisionmaking process at the when he murdered Shirley Crook. This for determining whether this death highest levels of our judiciary has bred is a murder he planned to commit. Be- penalty conviction was constitutional. a lack of respect for some of the people fore committing the crime, this 17- This ought to give you some indication who wear the robe. That is a national year-old who was 7 months shy of his of the problems we have with the Su- tragedy. 18th birthday, encouraged his friends preme Court as a policymaker with no Finally, I don’t know if there is a to join him, assuring them that they fixed standards or objective standards cause-and-effect connection, but we could ‘‘get away with it,’’ because they by which to determine its decisions to have seen some recent episodes of were minors. Christopher Simmons and make its judgments. The Court em- courthouse violence in this country— his cohorts broke into the home of an braced a test that it had adopted ear- certainly nothing new; we seem to have innocent woman, bound her with duct lier referring to the ‘‘evolving stand- run through a spate of courthouse vio- tape and electrical wire, and then ards of decency that mark the progress lence recently that has been on the threw her off a bridge, alive and con- of a maturing society.’’ Let me repeat news. I wonder whether there may be scious, resulting in her subsequent that. The test they used was the some connection between the percep- death. ‘‘evolving standards of decency that tion in some quarters on some occa- Those facts led a jury in Missouri, mark the progress of a maturing soci- sions where judges are making polit- using the law in Missouri that the peo- ety.’’ ical decisions yet are unaccountable to ple of Missouri had chosen for them- I would think any person of reason- the public, that it builds and builds to selves through their elected represent- able intelligence, listening to what I the point where some people engage in atives, to convict him of capital mur- am saying, would say: What was that? violence, certainly without any jus- der and to sentence him to death. How do you determine those ‘‘evolving tification, but that is a concern I have Well, this 17-year-old boy, or young standards’’? And if they are one way on that I wanted to share. man I guess is what I would call him, one day, how do they evolve to be We all are students of history in this Christopher Simmons, challenged that something different the next day? And Senate, we all have been elected to jury verdict and that conviction all the what is a ‘‘maturing society’’? How do other bodies and other offices, and we way through the State courts of Mis- we determine whether society has ma- are all familiar with the founding doc- souri and all the way to the U.S. Su- tured? I think people would be justified uments, the Declaration of Independ- preme Court. And the United States in asking: Isn’t that fancy window ence, the Constitution itself. We are fa- Supreme Court, on March 1, 2005, held dressing for a preordained conclusion? I miliar with the Federalist Papers that that Christopher Simmons or any will let them decide. were written in an effort to get the other person in the United States of Well, it does not get much better be- Constitution ratified in New York America who is under the age of 18 who cause then the Court, in order to deter- State. Alexander Hamilton, apropos of commits such a heinous and premedi- mine whether the facts met that stand- what I will talk about, authored a se- tated and calculated murder cannot be ard, such as that this death penalty ries of essays in the Federalist Papers given the death penalty because it vio- could not stand, or these laws in 20 that opine that the judicial branch lates the U.S. Constitution. States cannot stand, looked to what

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5516 CONGRESSIONAL RECORD—SENATE April 4, 2005 they called an ‘‘emerging consensus.’’ In her speech, Justice Ginsburg criticized Take another example. The U.S. Su- Well, any student of high school civics the resolutions in Congress and the spirit in preme Court had long held that the knows we have a Federal system, and which they were written. American people in each of the States the national Government does not dic- She is referring to a resolution I have have the discretion to decide what tate to the State governments all as- filed, and I sent out a ‘‘dear colleague’’ kinds of conduct that have long been pects of criminal law. In fact, most today expressing concerns about this considered immoral under long- criminal law is decided in State courts issue. But she said: standing legal traditions should or in the first place. Although I doubt the resolutions will pass should not remain illegal. In Bowers v. Nevertheless, the Supreme Court of this Congress— Hardwick in 1986, the Court held that it the United States, in a 5-to-4 decision, I don’t know where she gets her in- is up to the American people to decide looked for an ‘‘emerging consensus’’ formation. I think there is a lot of whether criminal laws against sodomy and in the process wiped 20 States’ laws positive sentiment in favor of what the should be continued or abandoned. Yet off the books. I will not go into the de- resolution says, and I will talk about once again because foreign govern- tails of how they found a consensus, that in a minute. ments have frowned upon that ruling, but suffice it to say it ought to be that Although I doubt the resolutions will pass the U.S. Supreme Court saw fit in 2003, in a nation comprised of 50 separate this Congress, it is disquieting that they in Lawrence v. Texas, to hold that no have attracted sizable support. sovereign State governments, where 20 State’s criminal justice system or its States disagree with the Court on its I am a little surprised that a sitting criminal justice laws could be written U.S. Supreme Court Justice would en- decision that wipes those 20 States’ in a way to reflect the moral convic- gage in a debate about a current mat- courts laws off the books, it can hardly tions and judgments of their people. ter, which has yet to be decided by the be called a consensus, if language is to The reason given for this reversal Senate, which is a resolution express- from 1986 to 2002? This time the Court have any meaning. ing concern about the use of foreign Secondly, the Court said: We will explained that it was concerned about laws and treaties to interpret what the also look to our own decisions, our own the European Court of Human Rights U.S. Constitution should mean. I am a and the European Convention on judgment over the propriety of this little surprised by it. Human Rights. law. In other words, they are going to In a series of cases over the past few I have already mentioned the case of decide because they can, because basi- years our courts have begun to tell us Roper v. Simmons. But most recently, cally their decisions are not appeal- that our criminal laws and our crimi- on March 28, the U.S. Supreme Court able, and there is nowhere else to go if nal policies are informed not just by heard oral arguments in a case that they decide this law is unconstitu- our Constitution and by the policy will consider whether foreign nationals tional. The American people, the peo- preferences and legislative enactments duly convicted of the most heinous ple of Missouri, the people who sup- of the American people through their crimes will nevertheless be entitled to port, under limited circumstances, elected representatives, but also by the a new trial for reasons that those indi- under appropriate checks and balances, rulings of foreign courts. I understand viduals did not even bother to bring up the death penalty for people who com- it is hard to believe, and most people during their trial. As in the previous mit heinous crimes under the age of 18 listening to what I am saying are ask- examples, the Supreme Court has al- are simply out of luck; this is the end ing themselves: Could this be true? Is ready answered this issue but decided of the line. it possible? I know it is hard to believe, to revisit it once again. In 1998, in Well, finally—and this is the part I but in a series of recent cases, includ- Breard v. Green, the Court made clear want to conclude on and speak on for a ing the Roper case, the U.S. Supreme that criminal defendants, like all par- few minutes—the Court demonstrated Court has actually rejected its own ties in lawsuits, may not sit on their a disconcerting tendency to rely on the prior decisions in part because a for- rights and must bring them up at the laws of foreign governments and even eign government or court has expressed time the case is going on or be prohib- treaties in the application and enforce- disagreement with the conclusion they ited from raising those issues later on, ment of U.S. law. This is a trend that had reached. perhaps even years later. That is a did not start with the Roper case, but Until recently the U.S. Supreme basic principle of our legal system. In I did want to mention it in that con- Court had long held that under appro- this case, the Court has decided to re- nection. priate safeguards and procedures, the visit whether an accused who happens But if the U.S. Supreme Court is not death penalty may be imposed by the to be a foreign national, subject to the going to look to the laws of the United States regardless of the IQ of the per- Vienna Convention on Consular Rela- States, including the fundamental law petrator. The Court had traditionally tions, should be treated differently of the United States, which is the Con- left this issue untouched as a matter from any other litigant in our civil liti- stitution, but interpreting what is and for the American people and each of gation systems and in State and Fed- is not constitutional under the U.S. their States to decide, as the Court eral courts or in the Federal system re- Constitution by looking at what for- said in a case called Penry V. Lynaugh viewing State criminal justice provi- eign governments and foreign laws in 1989. Yet because some foreign gov- sions. have to say about that same issue, I ernments had frowned upon that rul- Even this basic principle of American fear that bit by bit and case by case ing, the U.S. has now seen fit to take law may soon be reversed. Many legal the American people are slowly losing that issue away from the American experts predict that in the upcoming control over the meaning of our laws people entirely. In 2002, in a case called case of Medilline v. Dretke, the Court and the Constitution itself. If this Atkins v. Virginia, the U.S. Supreme may overturn itself again for no other trend continues, foreign governments Court held that the Commonwealth of reason than that the International may have a say in what our laws and Virginia could no longer apply its Court of Justice happens to disagree our Constitution mean and what our criminal justice system and its death with our longstanding laws and legal policies in America should be. penalty to an individual who had been principles. This particular case in- Let me digress a second to say this is duly convicted of abduction, armed volves the State of Texas. I have filed as current as the daily news. As a mat- robbery, and capital murder because of an amicus brief, a friend of the court ter of fact, I saw in the New York the testimony that the defendant was brief, in that decision, asking the Times on April 2 an article concerning mildly mentally retarded. The reason Court to allow the people of Texas to Justice Ginsburg, a member of that given for this reversal of the Court’s determine their own criminal laws and five-member majority in the Roper position that it had taken in 1989 to policies consistent with the U.S. States case. The headline is: ‘‘Justice Gins- 2002? In part it was because the Court Constitution and not subject to the burg Backs Value of Foreign Law.’’ was concerned about ‘‘the world com- veto of the Vienna Convention on Con- Reading from this story, written by munity’’ and the views of the European sular Rights or the decision of some Anne Kornblut, it says: Union. international court.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5517 There is a serious risk, however, that As every high school civics student To those who might say there is the Court will ignore Texas law, will knows, the job of a judge is pretty nothing wrong with simply trying to ignore U.S. law, will reverse itself, and straightforward. Judges are supposed bring U.S. laws into consistency with decide in effect that the decisions of to follow the law, not rewrite it. other nations, I say this: This is not a the U.S. Supreme Court can be over- Judges are supposed to enforce and good faith attempt to bring U.S. law ruled by the International Court of apply political decisions that are made into global harmony. I fear that, in Justice. in Congress and that are signed into some instances, it is simply an effort I won’t dwell on this any longer, but law by the President of the United to further a political or ideological suffice it to say there are other exam- States. Judges are not supposed to agenda, because the record suggests ples and other decisions where we see make those decisions or substitute that this sudden interest in foreign law Supreme Court Justices citing legal their own judgments or those political is more ideological than legal; it seems opinions from foreign courts across the judgments hashed out in the legislative selective, not principled. globe as part of the justification for process in this body and this Capitol. U.S. courts are following foreign law, their decisions interpreting the U.S. The job of a judge is to read and obey it seems, inconsistently—only when Constitution. These decisions, these the words contained in our laws and in needed to achieve a particular outcome legal opinions from foreign courts our judicial precedents—not the laws that a judge or justice happens to de- range from countries such as India, Ja- and precedents of foreign governments, sire but that is flatly inconsistent with maica, Zimbabwe, and the list goes on which have no authority over our Na- U.S. law and precedent. Many coun- and on. tion or the American people. tries, for example, have no exclu- I am concerned about this trend. I am concerned that some judges who sionary rule to suppress evidence that Step by step, with each case where this simply don’t like our laws—and they is otherwise useful and necessary in a occurs, the American people may be don’t like the decisions made by Amer- criminal case. Yet our courts have not losing their ability to determine what icans through their elected representa- abandoned the exclusionary rule in the their laws should be, losing control in tives here about what those laws United States, relying upon the greater part due to the opinions of foreign should be—are using this as another wisdom and insight of foreign courts courts and foreign governments. If this way to justify their decision to over- and foreign nations. I might add that happens to criminal law, it can also reach. So it appears they would rather very few countries provide abortion on spread to other areas of our Govern- rewrite the law from the bench. What demand. Yet our courts have not aban- ment and our sovereignty. How about is especially disconcerting is that some doned our Nation’s constitutional ju- our economic policy, foreign policy? judges today may be departing so far risprudence on that subject. Four Jus- How about our decisions about our own from American law, from American tices of the Supreme Court believe that security? principles, and from American tradi- school choice programs that benefit Most Americans would be disturbed if tions that the only way they can jus- poor urban communities are unconsti- we gave foreign governments the power tify their rulings is to cite the law of tutional if parochial schools are eligi- to tell us what our Constitution means. foreign countries, foreign governments, ble, even though other countries di- Our Founding Fathers fought the Revo- and foreign cultures, because there is rectly fund religious schools. lutionary War precisely to stop foreign nothing left for them to cite for sup- Even more disconcerting than the governments—in this case, Great Brit- port in this country. distrust of our constitutional democ- ain—from telling us what our laws Citing foreign law in order to over- racy is the distrust of America itself. I should be or what the rules should be rule U.S. policy offends our democracy would hope that no American—and cer- by which we would be governed. In because foreign lawmaking is obvi- tainly no judge—would ever believe fact, ending foreign control over Amer- ously in no way accountable to the that the citizens of foreign countries ican law was one of the very reasons American people. Here again—and I are always right and that America is given for our War of Independence. The Declaration of Independence started out by saying I am not con- always wrong. Yet I worry that some itself specifically complains that the demning all Federal judges; I have judges become more and more inter- American Revolution was justified in great respect for the Federal judici- ested in impressing their peers in for- part because King George ‘‘has com- ary—I am not condemning inter- eign judiciaries and foreign govern- bined with others to subject us to a ju- national law. Obviously, there is a way ments and less interested in simply fol- risdiction foreign to our Constitution by which international law can apply lowing the U.S. Constitution and and unacknowledged by our laws.’’ to the United States, and that is American laws. At least one U.S. Su- After a long and bloody revolution, through the treaty process, which is, of preme Court Justice mentioned pub- we earned the right at last to be free of course, subject to ratification by the licly—and Justice Ginsburg’s com- such foreign control. Rather, it was we U.S. Congress. ments were reported on April 2 in the the people of the United States who There is an important role for inter- New York Times. A Justice has stated then ordained and established a Con- national law in our system, but it is a that following foreign rulings rather stitution of the United States and our role that belongs to the American peo- than U.S. rulings ‘‘may create that all predecessors, our forefathers, specifi- ple through the political branches—the important good impression,’’ and cally included a mechanism by which Congress and the President—to decide therefore, ‘‘over time, we will rely in- we the people of the United States what that role should be and indeed creasingly . . . on international and could change it by amendment, if nec- what that law should be; it is not a role foreign courts in examining domestic essary. given to our courts. Article I of the issues.’’ Of course, every judge who serves on U.S. Constitution gives the Congress, Well, let me conclude by saying I find a Federal court swears to an oath to not the courts, the authority to enact disturbing this attitude and these ex- ‘‘faithfully and impartially discharge laws punishing ‘‘Offenses against the pressions of support for foreign laws and perform all the duties incumbent Law of Nations,’’ and article II of the and treaties that we have not ratified, upon me . . . under the Constitution Constitution gives the President the particularly when they are used to in- and laws of the United States, so help power to ratify treaties, subject to the terpret what the U.S. Constitution me God.’’ advice and consent and the approval of means. The brave men and women of As you can tell, I am concerned two-thirds of the Senate. Yet our our Armed Forces are putting their about this trend. I am concerned that courts appear to be, in some instances, lives on the line in order to champion this trend may reflect a growing dis- overruling U.S. law by citing foreign freedom and democracy, not just for trust amongst legal elites—not only a law decisions in which the U.S. Con- the American people but for people all distrust of our constitutional democ- gress had no role and citing treaties around the world. America today is the racy, but a distrust of the American that the President and the U.S. Senate world’s leading champion of freedom people and America itself. have refused to approve. and democracy. I raise this issue, and I

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5518 CONGRESSIONAL RECORD—SENATE April 4, 2005 have filed a resolution for the consider- ideas and example resonate across all with evil. His generosity showed us our ation of my colleagues on this issue. I boundaries and brings us together. obligation to the less fortunate. His speak about it today at some length John Paul II was such a person. faith showed us that we all live for pur- because I believe this is an important As a Jew, I feel a deep sense of per- poses far beyond ourselves. matter for the American people to sonal loss because the person I looked I was the mayor of St. Paul, MN, so know about and to have a chance to to for leadership and who I deeply and I am happy to quote St. Paul’s words to speak out on. profoundly respected has passed on. I sum up the Holy Father’s life: I believe the American people—cer- have the image of John Paul II at the Love is patient, love is kind. It does not tainly the people in Texas—do not western wall in Jerusalem, the Wailing envy, it does not boast, it is not proud. It is want their courts to make political de- Wall it has been called, the last re- not rude, it is not self-seeking, it is not eas- cisions. They want their courts to fol- mains of the outer part of the second ily angered, it keeps no record of wrongs. low and apply the law as written. I be- temple, perhaps one of the holiest spots Love does not delight in evil but rejoices lieve the American people do not want in the Jewish faith. I believe, if my with the truth. It always protects, always recollection of Jewish tradition is cor- trusts, always hopes, always perseveres. their courts to follow the precedents of Love never fails. foreign courts. They want their courts rect, as you walk along the western John Paul II was an ambassador of to follow U.S. laws and U.S. prece- wall, about 100 yards inward is the love, and his love will continue to bless dents. The American people do not place where Abraham was going to sac- the world. I said to my wife the other want their laws controlled by foreign rifice his son and the covenant with God was formed. I remember John Paul day: How blessed we are to have lived governments. They want their laws there praying, inserting his prayer— in his time. controlled by the American Govern- one of the things you do at the western John Paul the Great is no longer ment, which serves the American peo- wall is oftentimes you take a prayer physically with us, but he has touched ple. The American people do not want and put it in one of the crevices of the all our souls in extraordinary ways. We to see American law and American pol- wall as you say a prayer. thank God to have known him. icy outsourced to foreign governments His feeling was so deep and rich. I Mr. President, I yield the floor, and I and foreign courts. can see him there praying in front of suggest the absence of a quorum. So I have submitted a resolution to the western wall, I believe asking for The ACTING PRESIDENT pro tem- give this body the opportunity to state forgiveness for the church for the his- pore. The clerk will call the roll. for the record that this trend in our tory of antisemitism. The legislative clerk proceeded to courts is wrong and that American law I have heard the essence of leadership call the roll. should never be reversed or rejected described in this way: A leader main- Mr. REID. Mr. President, I ask unan- simply because a foreign government tains order in the midst of change and imous consent that the order for the or a foreign court may disagree with it. change in the midst of order. That was quorum call be rescinded. This resolution is nearly identical to John Paul’s outstanding gift. He held The PRESIDING OFFICER (Mr. COR- one that has been introduced by my strongly to eternal values while he was NYN). Without objection, it is so or- colleague in the House, Congressman a force for dynamic and even revolu- dered. TOM FEENEY. I applaud his leadership tionary change. He played a decisive and efforts in this area, and I hope both role in the liberation of Eastern Europe f the House and Senate will come to- and the fall of the Soviet Union. He has HONORING POPE JOHN PAUL II gether and follow the footsteps of our passed on within a few months of the Mr. REID. Mr. President, a number of Founding Fathers, to once again defend other central figure in that historic years ago, maybe 15 years ago, I had our rights as Americans to dictate the change, Ronald Reagan. But Pope John policies of our Government—informed Paul II did not wield military power. the opportunity to read a biography of but never dictated by the preferences He was a man whose strength came Pope John Paul II. It was a big book of any foreign government or tribunal. from moral force and a conscience gov- given to me by a friend. I started read- Mr. President, I yield the floor. erned by peace. ing it and I couldn’t put it down. It The ACTING PRESIDENT pro tem- Remarkably, he was able to lead with read like a novel. He was a tremen- pore. The Senator from Minnesota. equal impact in the vigorous early days dously interesting, fascinating, won- derful human being I came to appre- f of his papacy and in the weakness of his latter years. ciate. I did not know much about the HONORING POPE JOHN PAUL II There has been so much that has Pope, but after reading that book I tried to read everything I could about Mr. COLEMAN. Mr. President, I ap- been written and said about this Pope in the last few days that I believe has him. preciate the opportunity to pay my re- The only personal situation I ever spects to a simple, humble man who captured the essence of this great man. There is a piece I saw in Larry had involving the Pope was shortly achieved historic greatness—Pope John after I read that book I traveled to Paul II. The Archbishop of Min- Kudlow’s column. I would like to read from it: Central America with a congressional neapolis-St. Paul, Harry Flynn, had a delegation. This was during the time of quote the other day. I was home this John Paul II reached across all religious lines, becoming the most evangelical pope in the Iran contra conflict. One of the weekend with my wife and was looking recent memory. He was tireless as he spread people we met was the Interior Min- over remarks made about John Paul II. his message of traditional religious faith and ister of Nicaragua, a Communist. I met The Archbishop said this: values to anyone who would listen—believ- him. He was a pleasant man. He was a He will be known, I firmly believe, as John ers, nonbelievers, Catholics, Protestants, Catholic priest. Muslims, Jews. This will surely be one of his Paul the Great in the long history of the He talked about the fact he had been church. This will be because of his profound most enduring legacies. You do not have to writings and for his unceasing focus on the be Catholic to be grateful for the service to Nevada. He was a relief priest. He dignity of each and every human being and John Paul II rendered to all mankind. would relieve priests in rural Nevada the paramount value of human life. To my He did a tremendous service by the for their vacations. He talked about mind, his election to the pontificate was way he reached out to Israel and Jews Battle Mountain where he had adminis- made possible by the providence of God and around the world. His visits to Holo- tered the last rites to a sheep herder. demonstrates God’s love for his church. caust sites healed generations of mis- He was a very pleasant man. I learned I agree with my friend Archbishop understanding and underscored the later, however, about a story when the Flynn that John Paul II will be known world’s conviction that events such as Pope had been through Nicaragua ear- in history as John Paul the Great. this must never be allowed to happen lier. There was a long line of priests, as The human family is plagued by again. is traditional in the Catholic faith, many artificial divisions. Once in a His constancy showed us how to live. that kiss the ring of the father, the great while, a figure emerges whose His forgiveness showed us how to deal Pope. When this man came by, the

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5519 Pope withdrew his ring. He knew what in their pursuit of freedom. In the face Mr. FRIST. Mr. President, I ask this man had done in Nicaragua. He of hunger and despair, he challenged unanimous consent that the order for was a Communist, and he did not like powerful nations, including our own to the quorum call be rescinded. what he had done, and he didn’t kiss do more to reach out and lift up our The PRESIDING OFFICER. Without his ring; the Pope pulled it back. struggling neighbors. In the rush to objection, it is so ordered. Pope John was a man of conviction war, he sought peace always. At the f and very strong feelings. One of the end of his days when sickness had HONORING OUR ARMED FORCES strongest convictions he had was about taken his physical strength, he still communism. He knew what it had done showed grace and courage in tending to MASTER SERGEANT MICHAEL HIESTER to his country of birth. his flock. Mr. BAYH. Mr. President, I rise He is exemplary of why the former The last pictures we see of the Pope today with a heavy heart and deep Soviet Union could beat down religion in some of our minds’ eye, having gone sense of gratitude to honor the life of a in every country it oppressed except through surgery, he was still standing brave young man from Bluffton. Mas- Poland. It couldn’t do it. And Pope in front of the throng that came to see ter Sergeant Michael Hiester, 33 years John was an example of how the Poles him, and still doing his very best to old, was one of four Indiana National reacted to communism. They tried to speak. He couldn’t speak. How frus- Guardsmen who died on March 26 when shut the schools. The Catholic schools trating that must have been. a land mine exploded under their mili- flourished during all the time of com- There are many lessons we can draw tary vehicle south of Kabul. With his munism. They could not shut them from the life of Pope John Paul II. He life before him, Michael risked every- down. traveled the globe more than any Pope thing to fight for the values Americans This weekend, the Catholic Church in history. He was a skier in addition hold close to our hearts, in a land half- lost its spiritual leader and a spiritual to being the Pope. He skied while he way around the world. leader of the world. Just because you was the Pope. A devoted father of two young chil- are not of that faith does not take He did not have to travel the world, dren, Michael served as a part-time away from the spiritual power of this but he did, realizing that he brought firefighter in his hometown of Bluffton, man. I acknowledge his spiritual the spotlight of media and attention to in addition to being a member of the power. In the book I read, I learned it the cause of many who otherwise would Indiana National Guard. Like most was not unusual for Pope John Paul II have been ignored. things Michael set his mind to, he was to pray for 4 or 5 hours at a time. He He was shot by a would-be assassin. successful in his military career. A was a man of great spirituality. With- As soon as he was physically able, he full-time Guardsman since 1990, Mi- out any reservation, the world lost its went to the prison cell of the man who chael was promoted to master sergeant spiritual leader and incredible role shot him and forgave him in the prison 3 months ago. He had previously served model. He displayed amazing strength, cell in a one-on-one meeting with his his country in Bosnia-Herzegovina as courage, and compassion throughout would-be assassin. part of the Indiana Guard’s peace- his life, his life of service to his fellow We now know as a result of that as- keeping assignment. According to man. sassin’s attempt they developed a new friends and family, Michael was also a As we know, he was born in Poland vehicle for him. In this age of terror, real estate appraiser and an avid ath- near Krakow. During his 84 years, he the Popemobile is something we all un- lete who loved diving and cycling. had enormous impact on the people and derstand. He waved to people from this Mayor Ted Ellis shared memories of politics of his time. His lifetime and little bulletproof vehicle which he rode Michael with the Associated Press, acts are full of lessons for all of us. But around in like a golf cart. It was not a saying, that he ‘‘was just the kind of as so often is the case with life, you limousine. It was the Popemobile. guy that every parent wants their child may not have guessed this from his He also reached out to leaders. He did to be like—outgoing and hardworking early years. He was also a gifted ath- not always agree with these leaders he and always thinking about something lete and extremely smart. He spoke flu- reached out to, recognizing that prob- that they could do out there for the ently seven languages. His favorite lems are better solved by working to- community.’’ I stand here today to ex- sport was soccer. He, in his adult life, gether. In our own country, he reached press gratitude for Michael’s sacrifices was an actor. He enjoyed acting. He out to former Presidents Carter, and for those made by the entire wrote poetry. At the university he Reagan, Bush, and Clinton, and worked Hiester family on behalf of our coun- studied literature and philosophy and closely with our current President. He try. still found time to take part in the the- did not alienate or reject leaders who Michael was killed while serving his ater they had, becoming what many disagreed with him. He sought common country in Operation Enduring Free- have called a gifted actor. That is what ground in championing the causes of dom. He was a member of the Indiana they called him at the time. For a his fellow man. National Guard’s 76th Infantry Bri- while, his ambition was to be a profes- But ultimately, I believe the life of gade. This brave young soldier leaves sional actor. Pope John Paul II is a reminder that behind his wife Dawn, a 6-year-old Pope John did not become part of the one man or one woman can make a dif- daughter, Emily, and a 4-year-old son, priesthood as a teenager. He was in his ference. It does not matter where we Adam. midtwenties before he became a priest. are born. It does not matter what we Today, I join Michael’s family, his In the early 1940s, his life led him to aspire to early in life. It can change for friends and the entire Bluffton commu- the priesthood and his ultimate call- the better. It does not matter what nity in mourning his death. While we ing. He was elected not long thereafter paths we have wandered. We all have struggle to bear our sorrow over this to be head of the Catholic Church in the ability to rise up and help our fel- loss, we can also take pride in the ex- 1978. For 27 years he has changed lives low man in immeasurable ways. There ample he set, bravely fighting to make and touched the world in countless is no better example of that than Pope the world a safer place. It is his cour- ways. Some say he was too conserv- John Paul II. age and strength of character that peo- ative. Some say he was not progressive As the world mourns the loss of the ple will remember when they think of enough. But he made his mark wher- Pope, may we keep that lesson in mind, Michael, a memory that will burn ever he went. and find inspiration in his life and the brightly during these continuing days I will remember the Pope for the work he has accomplished. of conflict and grief. strength he showed throughout his life. I suggest the absence of a quorum. Michael was known for his dedication It all started in reading the book about The PRESIDING OFFICER. The to family and his love of country. this great man. In the face of com- clerk will call the roll. Today and always, Michael will be re- munism, he stood with the people of The legislative clerk proceeded to membered by family members, friends Eastern Europe and empowered them call the roll. and fellow Hoosiers as a true American

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5520 CONGRESSIONAL RECORD—SENATE April 4, 2005 hero and we honor the sacrifice he gade. This brave young soldier leaves Guard, Todd followed a family tradi- made while dutifully serving his coun- behind his mother Roxanne; his father tion of service, as his father, Captain try. Roger; his sister Abby; his brother Na- Mike Fiscus, also serves in the Army As I search for words to do justice in than; and his sister Nicole. Guard. Outside of his missions to Af- honoring Michael’s sacrifice, I am re- Today, I join Brett’s family and ghanistan and Bosnia-Herzegovina, minded of President Lincoln’s remarks friends in mourning his death. While Todd flew charter planes. His wife as he addressed the families of the fall- we struggle to bear our sorrow over Paula shared memories of Todd with en soldiers in Gettysburg: ‘‘We cannot this loss, we can also take pride in the the Indianapolis Star, recounting that dedicate, we cannot consecrate, we example he set, bravely fighting to ‘‘he wanted to be out there making a cannot hallow this ground. The brave make the world a safer place. It is his difference.’’ A neighbor told a local tel- men, living and dead, who struggled courage and strength of character that evision station, ‘‘As a neighbor and here, have consecrated it, far above our people will remember when they think friend—he was a wonderful, wonderful poor power to add or detract. The of Brett, a memory that will burn man—great father and a great hus- world will little note nor long remem- brightly during these continuing days band.’’ I stand here today to express ber what we say here, but it can never of conflict and grief. gratitude for Todd’s sacrifices and for forget what they did here.’’ This state- Brett was known for his deep faith, those made by the entire Fiscus family ment is just as true today as it was his dedication to his family, and his on behalf of our country. nearly 150 years ago, as I am certain love of country. Today and always, Todd was killed while serving his that the impact of Michael’s actions Brett will be remembered by family country in Operation Enduring Free- will live on far longer than any record members, friends, and fellow Hoosiers dom. He was a member of the Indiana of these words. as a true American hero, and we honor National Guard’s 76th Infantry Bri- It is my sad duty to enter the name the sacrifice he made while dutifully gade. This brave soldier leaves behind of Michael Hiester in the CONGRES- serving his country. his wife Paula and his two young SIONAL RECORD of the U.S. Senate for As I search for words to do justice in daughters: Alexandra, 5, and Gabrielle, his service to this country and for his honoring Brett’s sacrifice, I am re- 4. profound commitment to freedom, de- minded of President Lincoln’s remarks Today, I join Todd’s family, his mocracy and peace. When I think about as he addressed the families of the fall- friends and the entire Milford commu- this just cause in which we are en- en soldiers in Gettysburg: ‘‘We cannot nity in mourning his death. While we gaged, and the unfortunate pain that dedicate, we cannot consecrate, we struggle to bear our sorrow over this comes with the loss of our heroes, I cannot hallow this ground. The brave loss, we can also take pride in the ex- hope that families like Michael’s can men, living and dead, who struggled ample he set, bravely fighting to make the world a safer place. It is his cour- find comfort in the words of the proph- here, have consecrated it, far above our age and strength of character that peo- et Isaiah who said, ‘‘He will swallow up poor power to add or detract. The ple will remember when they think of death in victory; and the Lord God will world will little note nor long remem- Todd, a memory that will burn bright- wipe away tears from off all faces.’’ ber what we say here, but it can never May God grant strength and peace to forget what they did here.’’ This state- ly during these continuing days of con- flict and grief. those who mourn, and may God be with ment is just as true today as it was Todd was known for his dedication to all of you, as I know He is with Mi- nearly 150 years ago, as I am certain family and his love of country. Today chael. that the impact of Brett’s actions will and always, Todd will be remembered ARMY SPECIALIST BRETT M. HERSHEY live on far longer than any record of by family members, friends and fellow Mr. President, I also wish to honor these words. Hoosiers as a true American hero and It is my sad duty to enter the name the life of a brave young man who grew we honor the sacrifice he made while of Brett M. Hershey in the CONGRES- up in Indianapolis. Army SPC Brett M. dutifully serving his country. Hershey, 23 years old, was one of four SIONAL RECORD of the United States As I search for words to do justice in Indiana National Guardsmen who died Senate for his service to this country honoring Todd’s sacrifice, I am re- on March 26th when a land mine ex- and for his profound commitment to minded of President Lincoln’s remarks ploded under their military vehicle freedom, democracy, and peace. When I as he addressed the families of the fall- south of Kabul. With his entire life be- think about this just cause in which we en soldiers in Gettysburg: ‘‘We cannot fore him, Brett risked everything to are engaged, and the unfortunate pain dedicate, we cannot consecrate, we fight for the values Americans hold that comes with the loss of our heroes, cannot hallow this ground. The brave close to our hearts, in a land halfway I hope that families like Brett’s can men, living and dead, who struggled around the world. find comfort in the words of the proph- here, have consecrated it, far above our A 2000 graduate of North Central et Isaiah who said, ‘‘He will swallow up poor power to add or detract. The High School in Indianapolis, Brett was death in victory; and the Lord God will world will little note nor long remem- just seven credits shy of graduating wipe away tears from off all faces.’’ ber what we say here, but it can never from Indiana University in Bloom- May God grant strength and peace to forget what they did here.’’ This state- ington, when he left for Afghanistan. those who mourn, and may God be with ment is just as true today as it was Friends and teachers recount that at all of you, as I know He is with Brett. nearly 150 years ago, as I am certain North Central, Brett was a model stu- CAPTAIN MICHAEL T. FISCUS that the impact of Todd’s actions will dent with an ever-present smile, who Mr. President, I honor the life of a live on far longer than any record of was involved in religious groups, var- brave young man from Milford. Captain these words. sity lacrosse and student government. Michael ‘‘Todd’’ Fiscus, 36 years old, It is my sad duty to enter the name Brett’s older brother, Nate, recalled his was one of four Indiana National of Michael ‘‘Todd’’ Fiscus in the CON- brother’s vibrant spirit when speaking Guardsmen who died on March 26 when GRESSIONAL RECORD of the U.S. Senate to the Indianapolis Star saying, Brett a land mine exploded under their mili- for his service to this country and for ‘‘loved people very well, and he loved tary vehicle south of Kabul. With his his profound commitment to freedom, them because his first love was Jesus. entire life before him, Todd risked ev- democracy and peace. When I think He was funny, witty and passionate erything to fight for the values Ameri- about this just cause in which we are about just sucking the marrow out of cans hold close to our hearts, in a land engaged, and the unfortunate pain that life. He always wanted people to know halfway around the world. comes with the loss of our heroes, I they were loved.’’ A devoted father of two daughters hope that families like Todd’s can find Brett was killed while serving his and a successful soldier, Todd joined comfort in the words of the prophet country in Operation Enduring Free- the Indiana Air National Guard about Isaiah who said, ‘‘He will swallow up dom. He was a member of the Indiana 16 years ago before switching to the death in victory; and the Lord God will National Guard’s 76th Infantry Bri- Army National Guard. In joining the wipe away tears from off all faces.’’

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5521 May God grant strength and peace to that the impact of Kyle’s actions will Lance Corporal Kielion, a young man those who mourn, and may God be with live on far longer than any record of with a bright future, heroically served all of you, as I know He is with Todd. these words. our Nation. As a 1999 graduate of South SPECIALIST NORMAN ‘‘KYLE’’ SNYDER It is my sad duty to enter the name High School he attended Peru State Mr. President, I also honor the life of of Norman ‘‘Kyle’’ Snyder in the CON- College and was employed before decid- a brave young man from Carlisle. Army GRESSIONAL RECORD of the United ing to enter the United States Marine SPC Norman ‘‘Kyle’’ Snyder, 21 years States Senate for his service to this Corps in 2002. He wed his high school old, was one of four Indiana National country and for his profound commit- sweetheart, April, while being sta- Guardsmen who died on March 26 when ment to freedom, democracy and peace. tioned in San Diego. Lance Corporal a land mine exploded under their mili- When I think about this just cause in Kielion was assigned 3rd Battalion, 5th tary vehicle south of Kabul. With his which we are engaged, and the unfortu- Marine Regiment, 1st Marine Division, entire life before him, Kyle risked ev- nate pain that comes with the loss of 1 Marine Expeditionary Force, Marine erything to fight for the values Ameri- our heroes, I hope that families like Corps Base Camp in Pendleton, CA. cans hold close to our hearts, in a land Kyle’s can find comfort in the words of Lance Corporal Kielion died Novem- halfway around the world. the prophet Isaiah who said, ‘‘He will ber 15, 2004, from injuries sustained After graduating from Sullivan High swallow up death in victory; and the from small arms fire as a result of School, Kyle joined the National Lord God will wipe away tears from off enemy action. On that same day, Lance Guard, a dream he had long held. A all faces.’’ Corporal Kielion’s son was born. Shane country music fan with many friends, May God grant strength and peace to Jr. is a living remembrance of his fa- Kyle had hoped to attend college in the those who mourn, and may God be with ther who was a brave and dedicated coming fall. By joining the National all of you, as I know He is with Kyle. son, brother, friend, husband, and Ma- Guard, Kyle became a part of a long- FIRST LIEUTENANT EDWARD D. IWAN rine. standing family tradition of service, as Mr. NELSON of Nebraska. Mr. Presi- I would like to extend my sympathy most of his male relatives also served dent, I rise today to honor First Lieu- to all those who were blessed to know in the military. His mother, Donna tenant Edward D. Iwan of Albion, NE. Lance Corporal Kielion and remind Shots, recalled her son’s service to his First Lieutenant Iwan was a man them that he will always be remem- country, saying ‘‘I am honored to know who led by example and his leadership bered as a brave and dedicated U.S. ma- that my son served in the military, deserves the utmost honor. He was rine. Loyal and honorable are two ap- died honorably and I can hold my head raised on a farm near Albion, NE and propriate descriptions of LCpl Shane up knowing he was proud and so am I was a 1994 graduate of Albion High Kielion who will forever remain in the to be an American.’’ Today and always, School where he was active in Future hearts and minds of those he left be- Kyle will be remembered by family Farmers of America and Student Coun- hind including his wife and son. members, friends and fellow Hoosiers cil. First Lieutenant Iwan valued his SERGEANT NICHOLAS S. NOLTE as a true American hero and we honor church, family, and country; and fol- Mr. President, I rise today to honor the sacrifice he made while dutifully lowing high school he served 3 years in Marine SGT Nicholas S. Nolte of Falls serving his country. the United States Army. He then re- City, NE. Kyle was killed while serving his turned to Nebraska and earned a Bach- As a 1998 graduate of Falls City Sa- country in Operation Iraqi Freedom. elor of Science degree in Criminal Jus- cred Heart, Nicholas S. Nolte dem- He was a member of the Indiana Na- tice. During college he remained active onstrated honor, dignity, and bravery tional Guard’s 76th Infantry Brigade. in the Armed Forces including the in his decision to join the Marines after This brave young soldier leaves behind ROTC, National Guard and Army Re- graduation. Sergeant Nolte was so his mother Donna Shots; his father serve. In December of 2001, First Lieu- dedicated to his service that he reen- Jerry Snyder; his sister Shelli Snyder; tenant Iwan returned full-time to the listed after his original 4-year commit- his two half brothers, Derek Eugene Army. ment and was assigned to the 2nd Low Snyder and Craig Allen Snyder; and his During his last tour of duty to our Altitude Air Defense Battalion, 2nd grandparents, Azalia Barfield, Jane and country this soldier was promoted from Marine Aircraft Wing, II Marine Expe- Ron Moreland, Juanita Walters, and Second to First Lieutenant, served in ditionary Force, Marine Corps Air Sta- Norman and Susan Snyder. several locations, and was deployed to tion, in Cherry Point, NC. He was also Today, I join Kyle’s family, his Iraq in January of 2004 with the 2nd a member of the Presidential Heli- friends and the entire Carlisle commu- Battalion, 2nd Infantry Regiment, 1st copter Squadron HMX–1 where he hon- nity in mourning his death. While we Infantry Division. First Lieutenant Ed- orably guarded and served President struggle to bear our sorrow over this ward D. Iwan was killed in action on Clinton and President Bush. loss, we can also take pride in the ex- Friday, November 12, 2004 during sus- On November 9, 2004 while serving in ample he set, bravely fighting to make tained combat in Fallujuh, Iraq. This Iraq, Sergeant Nolte was injured as a the world a safer place. It is his cour- brave soldier led by example to the result of enemy action when a roadside age and strength of character that peo- very end, when even as his unit was bomb hit his vehicle in Al Anbar Prov- ple will remember when they think of under attack, he continued to guide his ince, Iraq. He later died from his Kyle, a memory that will burn brightly troops. He was killed when a rocket wounds on November 24th at the Na- during these continuing days of con- propelled grenade struck his Bradley tional Naval Medical Center in Be- flict and grief. Fighting Vehicle. His final heroic mo- thesda, MD. As I search for words to do justice in ments resulted in the posthumous Sergeant Nolte left behind his wife honoring Kyle’s sacrifice, I am re- awards of a Purple Heart and Bronze Melina and daughter Alanna. He is sur- minded of President Lincoln’s remarks Star. vived by many family, friends, and as he addressed the families of the fall- I offer my sincere thoughts and pray- countrymen who honor his bravery for en soldiers in Gettysburg: ‘‘We cannot ers to the family and friends of First serving our Nation and fighting for our dedicate, we cannot consecrate, we Lieutenant Iwan. His service to our Na- freedom. I would like to express my cannot hallow this ground. The brave tion will forever be appreciated. He was heartfelt thoughts and prayers for Ser- men, living and dead, who struggled an outstanding American, Nebraskan, geant Nolte’s family. Sergeant Nolte here, have consecrated it, far above our and soldier who embodied the bravery, will be remembered as a Marine who poor power to add or detract. The spirit, grace and values of our grateful fought and died for liberty and freedom world will little note nor long remem- Nation. for all Americans and Nebraskans. ber what we say here, but it can never MARINE LANCE CORPORAL SHANE E. KIELION STAFF SERGEANT DONALD D. GRIFFITH, JR. forget what they did here.’’ This state- Mr. President, I rise today to also Mr. GRASSLEY. Mr. President, I rise ment is just as true today as it was honor Marine LCpl Shane E. Kielion of today to remember a fallen soldier, nearly 150 years ago, as I am certain La Vista, NE. SSG Donald D. Griffith, Jr., a member

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5522 CONGRESSIONAL RECORD—SENATE April 4, 2005 of B Troop, 2nd Squadron, 14th Cavalry Senator Heflin served the people of automatically disqualify an applicant Regiment, 25th Infantry Division, Fort Alabama, proudly. He served our na- from receiving or possessing a firearm. Lewis, WA. Staff Sergeant Griffith died tion with genuine dignity. And, today, In cases where a positive match is on March 11, 2005, in Tal Afar, Iraq, as I look back on the life and career of made, Federal authorities search for when his dismounted patrol was at- Howell Heflin, I reflect on how proud I other disqualifying information. If no tacked by enemy forces using small am of having had the opportunity to disqualifying information can be found arms fire. My heart goes out to his par- serve with this very special man, and within 3 business days, the transaction ents and family, who reside in Mechan- to call him my friend. is permitted to continue. In addition, icsville, IA, and his wife in Lakewood, f all records pertaining to a positive WA. match of an applicant to a terrorist Today, this Nation remembers and LOCAL LAW ENFORCEMENT watch list must, under current law, be honors a man who sacrificed his life to ENHANCEMENT ACT OF 2005 destroyed within 24 hours if no dis- defend his fellow soldiers and his coun- Mr. SMITH. Mr. President, I rise qualifying information is found. try. With the death of Donald Griffith, today to speak about the need for hate A report released by the General Ac- this Nation lost a hero. crimes legislation. Each Congress, Sen- countability Office on March 8, 2005, We know that there is no greater gift ator KENNEDY and I introduce hate found that from February 3, 2004, than the laying down of one’s life for crimes legislation that would add new through June 30, 2004, a total of 44 fire- another. Staff Sergeant Griffith has categories to current hate crimes law, arm purchase attempts were made by given us that gift and we are forever sending a signal that violence of any individuals designated as known or sus- grateful for his sacrifice. I ask that my kind is unacceptable in our society. pected terrorists by the Federal Gov- colleagues join me reflecting on the Likewise, each Congress I have come to ernment. In 35 cases, the transactions memory of Donald D. Griffith, Jr. as the floor to highlight a separate hate were authorized to proceed because we extend our thoughts and prayers to crime that has occurred in our coun- Federal authorities were unable to find his family and friends. try. any disqualifying information. Federal Bureau of Investigation f Last month, a 19-year-old gay man from New York was brutally murdered. counterterrorism officials stated ‘‘re- TRIBUTE TO SENATOR HOWELL The victim’s dismembered limbs were ceiving all available personal identi- HEFLIN found throughout Brooklyn, including fying information and other details Mr. LEVIN. Mr. President, it is with inside a subway tunnel. from terrorism-related NICS trans- deep sadness that I learned this past I believe that the Government’s first actions could be useful in conducting week of the passing of a dear friend and duty is to defend its citizens, to defend investigations.’’ Currently, counterter- former colleague, Senator Howell Hef- them against the harms that come out rorism officials do not have access to lin. of hate. The Local Law Enforcement the majority of these records because My thoughts and prayers today and Enhancement Act is a symbol that can they are destroyed within 24 hours of those of my wife, Barbara, are with his become substance. I believe that by the transaction in the absence of dis- loving wife, Elizabeth Ann ‘‘Mike’’, and passing this legislation and changing qualifying information. The Terrorist Apprehension Record his family. current law, we can change hearts and Retention Act addresses this issue by Everyone thought of Howell as minds as well. requiring that in cases where an NICS ‘‘Judge’’ Heflin, even as he served in f the Senate, because he forever looked background check turns up a valid and acted the part of the ‘‘country TERRORIST APPREHENSION match to a terrorist watch list, all judge’’. He came to the Senate, as I did, RECORD BETENTION ACT records pertaining to the transaction in the class of 1978. Howell was then al- Mr. LEVIN. Mr. President, I am be retained for 10 years. In addition, the bill requires that all NICS informa- ready a distinguished jurist, having pleased to join Senator LAUTENBERG in tion be shared with appropriate Fed- served 6 years as chief justice of the introducing the Terrorist Apprehension eral and State counterterrorism offi- Alabama Supreme Court. He went on Record Retention Act. I cosponsored cials anytime an individual on a ter- to build a solid reputation and to play the Terrorist Apprehension Record Re- rorist watch list attempts to buy a an important role in the life of the tention Act because I believe it is com- firearm. Learning about a suspected Senate over the next 18 years. monsense legislation which will terrorist’s purchase of a firearm could Howell Heflin, a man of not only in- strengthen our homeland security. potentially be critical to counterter- tellect, but warmth and good-humor, According to the Brady Handgun Vio- rorism investigators working to pre- tackled some of the more thankless lence Prevention Act, anyone seeking vent a terrorist attack. tasks in the Senate, including the ar- to purchase or obtain a permit to pos- This bill takes a commonsense ap- cane issues involving bankruptcy and sess, acquire, or carry firearms must proach to assisting Federal authorities administrative practice, and serving as undergo a background check through in monitoring and apprehending sus- the chairman of the Senate Ethics the National Instant Criminal Back- pected terrorists without compro- Committee in particularly turbulent ground Check System, or NICS. This mising the privacy rights of law-abid- times. He could always be counted on process requires the applicant to pro- ing citizens. I am hopeful that the Con- to approach difficult issues with care- vide a variety of personal information gress will take up and pass this legisla- ful thoughtful analysis, and to apply including name, date of birth, current tion to give Federal and State counter- his balanced judgement objectively. residence, and country of citizenship terrorism officials the information For this reason, and others, Howell which is then compared with data in they need to help keep our families and Heflin was respected on both sides of the NICS system to determine whether communities safe. the aisle. In fact, he frequently served the person is prohibited by law from re- f as a bridge between Democrats and Re- ceiving or possessing firearms. Dis- publicans in a way sorely needed in to- qualifying criteria include felony con- AFRO-COLOMBIANS AND THE day’s Senate. He was a true moderate, victions and fugitive or illegal alien LEADERSHIP OF THE CBC moderate in politics and by tempera- status. If no disqualifying information Mr. OBAMA. Today I wish to com- ment. His demeanor, his objectivity, as is found within 3 business days, the mend Congressman BOBBY RUSH and well as his expertise, diligence and at- transaction is allowed to continue. other members of the Congressional tention to the facts, have been missed As part of the background check, ap- Black Caucus for their work on behalf and are among the very elements most plicants are also checked against of Afro-Colombians. The consistent ad- needed now in this Chamber if we are known terrorist watch lists. However, vocacy of the CBC on this human to hope to remain the world’s most de- under current law, membership in a rights issue has been critical to in- liberative body. known terrorist organization does not creasing consciousness and activism in

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5523 the U.S. and Colombia. Significant pany S. 600 was printed, the Congres- be necessary in 2007 for the Department of progress has made through this alli- sional Budget Office’s cost estimate State, international assistance programs, ance, and I look forward to working was not yet available. I ask unanimous and related agencies. The bill also contains with the CBC and other community consent that it now be printed in the provisions that would raise the cost of dis- groups on this issue. CONGRESSIONAL RECORD. Also, the same cretionary programs for famine and recon- Throughout Latin America, Afro- report contained a table with a clerical struction assistance, debt relief, public di- Latino communities remain error. I ask unanimous consent that plomacy, personnel, and other programs over marginalized—socially, economically the corrected table be printed in to- the 2007–2010 period. CBO estimates that and politically. In the case of Colom- day’s RECORD as well. those provisions and the indefinite author- bia, the violence and disruption of the There being no objection, the mate- izations for 2007 would require appropria- country’s 40-year civil conflict have rial was ordered to be printed in the tions of $34 billion over those four years. disproportionately affected Afro-Co- RECORD, as follows: CBO estimates that implementing the bill lombians. Many are now refugees in Congressional Budget Office Cost Estimate would cost about $59 billion over the 2006– their own country after being forced to for the Foreign Affairs Authorization Act, 2010 period, assuming the appropriation of Fiscal Years 2006 and 2007 leave their homes, and they face wide- the necessary amounts. COST ESTIMATE spread racial discrimination as they CBO estimates that S. 600 would raise di- try to rebuild their lives. Although Co- In accordance with rule XXVI, paragraph rect spending by $33 million in 2006 and by 11(a) of the Standing Rules of the Senate, the $87 million over the 2006–2015 period. S. 600 lombia’s 1991 Constitution granted committee provides the following estimate Afro-Colombians territorial rights to of the cost of this legislation prepared by the also would increase governmental receipts the land they historically held, these Congressional Budget Office. (i.e., revenues) by an insignificant amount each year by creating new criminal penalties rights are now being increasingly vio- U.S. CONGRESS, lated, as this land is taken from them. CONGRESSIONAL BUDGET OFFICE, related to law enforcement and protective With little or no economic and edu- Washington, DC, March 18, 2005. functions of State Department special agents cational opportunities available, many Hon. RICHARD G. LUGAR, Chairman, and guards. Finally, the Joint Committee on Afro-Colombian youths have turned to Committee on Foreign Relations, U.S. Senate, Taxation estimates that the bill would lower coca cultivation or joined guerrilla Washington, DC. revenues by less than $500,000 a year by ex- DEAR MR. CHAIRMAN: empting employees of the U.S. Mission to forces. The Congressional Budget Office has pre- the United Nations in New York City from With the rise of Afro-Colombian ad- pared the enclosed cost estimate for S. 600, vocacy groups and NGOs in Colombia, I the Foreign Affairs Authorization Act, Fis- paying taxes on their housing allowance. believe it is possible to foster meaning- cal Years 2006 and 2007. S. 600 contains no intergovernmental or ful partnerships and alliances for posi- If you wish further details on this esti- private-sector mandates as defined in the mate, we will be pleased to provide them. Unfunded Mandates Reform Act (UMRA) and tive change in this region. In addition The CBO staff contact is Sunita D’Monte. would not affect the budgets of state, local, to the CBC, there are many members of Sincerely, or tribal governments. the religious community—in my home DOUGLAS HOLTZ-EAKIN, Director. State of Illinois and across our coun- Enclosure. ESTIMATED COST TO THE FEDERAL GOVERNMENT try—who are working on behalf of cc: Hon. Joseph R. Biden, Jr., Ranking Minor- Afro-Colombians. I commend them on ity Member The estimated budgetary impact of S. 600 their dedication to this important CONGRESSIONAL BUDGET OFFICE COST is shown in Table 1. The costs of this legisla- ESTIMATE cause. Together we can and will make tion fall within budget functions 150 (inter- S. 600—FOREIGN AFFAIRS AUTHORIZATION ACT, a difference. national affairs), 300 (natural resources and FISCAL YEARS 2006 AND 2007 environment), 600 (income security), 750 (ad- f As reported by the Senate Committee on Foreign ministration of justice), and 800 (general gov- Relations on March 10, 2005 BUDGET ESTIMATE—S. 600 ernment). SUMMARY Mr. LUGAR. Mr. President, when the S. 600 would authorize appropriations of al- committee report (109–35) to accom- most $30 billion in 2006 and such sums as may TABLE 1.—BUDGETARY IMPACT OF S. 600, THE FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007 (By fiscal year, in millions of dollars)

2005 2006 2007 2008 2009 2010

SPENDING SUBJECT TO APPROPRIATION Spending Under Current Law for State Department, International Assistance Programs, and Related Agencies: Estimated Authorization Level 12 ...... 27,264 2,564 2,604 2,655 0 0 Estimated Outlays ...... 26,805 14,288 7,906 5,492 3,389 1,416 Proposed Changes: Estimated Authorization Level 3 ...... 0 29,872 30,748 1,035 1,133 1,226 Estimated Outlays ...... 0 14,690 22,904 11,664 5,994 3,666 Spending Under S. 2144 for State Department, International Assistance Programs, and Related Agencies: Estimated Authorization Level 23 ...... 27,264 32,436 33,352 3,690 1,133 1,226 Estimated Outlays ...... 26,805 28,978 30,810 17,156 9,383 5,082 CHANGES IN DIRECT SPENDING AND REVENUES 4 Estimated Budget Authority ...... 0 81 21 21 21 21 Estimated Outlays ...... 0 33 14 11 11 11 1 The 2005 level is the amount appropriated for that year. 2 The estimated authorization levels over the 2006–2008 period are for international HIV/AIDS programs authorized by Public Law 108–25, the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 for the Global HIV/ AIDS Initiative and Child Survival and Disease and other programs. That act authorized the appropriation of $15 billion for the 2004–2008 period for HIV/AIDS programs, including programs administered by the Department of Health and Human Services. 3 These amounts do not include costs for section 213 of the bill because CBO cannot estimate the timing or amounts that may be necessary to implement those provisions. 4 In addition to the effects shown for direct spending, CBO estimates that provisions that would increase or decrease revenues would have a net effect of less than $500,000 each year over the 2006–2015 period.

BASIS OF ESTIMATE $87 million over the 2006–2015 period. Finally, the 2006 amount, nearly $0.6 billion would be The bill would authorize appropriations for S. 600 would affect governmental receipts for HIV/AIDS programs that are currently the Department of State and international (revenues), but CBO estimates that the net authorized in existing law. The bill would broadcasting activities for fiscal years 2006 effect would be less than $500,000 a year. authorize new programs that would affect and 2007. It would be the first comprehensive Spending Subject to Appropriation costs for stabilization and reconstruction ac- foreign assistance authorization act since S. 600 would authorize appropriations at tivities and assistance, safe water, debt re- the mid-1980s—authorizing funding for most the specified level of $29.8 billion in 2006 and lief, public diplomacy, personnel, and other existing assistance programs and also sev- for such sums as may be necessary for 2007 programs. CBO estimates that implementing eral new ones. The bill also would raise di- for the State Department, international as- those provisions would require additional ap- rect spending by $33 million in 2006 and by sistance programs, and related agencies. Of propriations of $0.7 billion in 2006 and $4.4

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5524 CONGRESSIONAL RECORD—SENATE April 4, 2005 billion over the 2007–2010 period. For this es- Board of Governors (BBG), the Peace Corps, State Department for programs related to timate, CBO assumes that the authorized and the Millennium Challenge Corporation. the administration of foreign affairs, inter- amounts will be appropriated near the start The authorization levels for 2006 are equal to national organizations, and other associated of each fiscal year and that outlays will fol- the President’s request for international af- programs, $1.2 billion for international low historical spending patterns for the ex- fairs spending. broadcasting and exchange activities, and isting and similar programs. As shown in Table 2, S. 600 would authorize Specified Authorizations. The authorizations the appropriation of $10.3 billion for inter- $0.1 billion for international commissions. of appropriations in this bill cover the oper- national development and humanitarian as- Except where otherwise discussed, CBO esti- ating expenses and programs of the Depart- sistance programs—not counting HIV/AIDS mated authorizations for 2007 at the amount ment of State, the U.S. Agency for Inter- programs, $8.3 billion for international secu- specified in 2006 adjusted for inflation. national Development, the Broadcasting rity assistance programs, $9.2 billion for the TABLE 2.—ESTIMATED AUTHORIZATIONS IN S. 600, THE FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007

By fiscal year, in millions of dollars— 2006 2007 2008 2009 2010

Estimated Authorizations for Existing Programs 1 International Development and Humanitarian Assistance: Estimated Authorization Level2 ...... 10,344 10,518 0 0 0 Estimated Outlays ...... 2,930 6,780 5,673 2,750 1,257 International Security Assistance: Estimated Authorization Level ...... 8,348 8,491 0 0 0 Estimated Outlays ...... 4,890 6,742 2,606 1,251 657 Conduct of Foreign Affairs: Estimated Authorization Level ...... 9,237 9,436 0 0 0 Estimated Outlays ...... 5,904 7,820 2,356 1,051 737 Foreign Information and Exchange Activities: Estimated Authorization Level ...... 1,185 1,209 0 0 0 Estimated Outlays ...... 810 1,129 357 67 23 Other Programs: Estimated Authorization Level ...... 72 73 0 0 0 Estimated Outlays ...... 59 67 12 6 1 Total Authorizations for Existing Programs: Estimated Authorization Level ...... 29,186 29,727 0 0 0 Estimated Outlays ...... 14,593 22,538 11,004 5,125 2,675 Estimated Authorizations for New or Expanded Programs Reconstruction & Stabilization Civilian Management Act of 2005: Estimated Authorization Level ...... 124 127 128 131 134 Estimated Outlays ...... 57 111 124 128 131 Famine and Reconstruction Assistance: Estimated Authorization Level ...... 500 508 517 527 536 Estimated Outlays ...... 25 180 328 409 466 Safe Water: Estimated Authorization Level ...... 50 135 305 390 470 Estimated Outlays ...... 4 31 91 195 292 Debt Relief for the Poorest: Estimated Authorization Level ...... 0 155 75 75 75 Estimated Outlays ...... 0 15 84 92 83 Office Building for American Institute in Taiwan: Estimated Authorization Level ...... 0 78 0 0 0 Estimated Outlays ...... 0 12 23 35 8 Personnel Benefits and Other Programs: Estimated Authorization Level ...... 4 10 10 10 11 Estimated Outlays ...... 3 9 10 10 11 Indefinite Authorizations for Currency Fluctuations: Estimated Authorization Level ...... 8 8 0 0 0 Estimated Outlays ...... 8 8 0 0 0 Total Estimated Authorizations: Estimated Authorization Level ...... 686 1,021 1,035 1,133 1,226 Estimated Outlays ...... 97 366 660 869 991 Total Authorizations: Estimated Authorization Level ...... 29,872 30,748 1,035 1,133 1,226 Estimated Outlays ...... 14,690 22,904 11,664 5,994 3,666 1 The estimated authorization for 2007 is the 2006 authorization level adjusted for inflation. 2 The estimated authorization for 2006 does not include $1,970 million for the Global HIV/AIDS Initiative and $594 million for HIV/AIDS programs in Child Survival and Disease and other programs that are authorized by Public Law 108– 25, the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.

Reconstruction and Stabilization Civilian Man- Office of Reconstruction and Stabilization. tion and reconstruction fund. Considering agement Act of 2005 Section 706 would authorize a new office the number of regions in the world in con- within the Department of State with respon- flict or recovering from conflict and that ap- Title VII of the bill would authorize the sibility to monitor and assess international propriations for the reconstruction of Iraq President to provide assistance to stabilize crises, to prepare contingency plans for var- and Afghanistan have totaled nearly $24 bil- and rebuild a country or region that is in, or ious types of crises, to identify and train per- lion over the 2003–2005 period, reconstruction emerging from, conflict or civil strife. The sonnel with necessary skills for stabilization could require much larger funding levels bill would authorize assistance to respond to and reconstruction operations, and to coordi- than the amount authorized. CBO estimates international crises through a new emer- nate the U.S. efforts should the President de- that the emergency fund would be used for gency fund and it would establish an Office cide to respond to any crisis. The Office of an initial response to an international crisis of Reconstruction and Stabilization within Reconstruction and Stabilization was cre- and not for major reconstruction efforts the Department of State to provide civilian ated in August 2004. which are discussed below. For this estimate, management of stabilization and reconstruc- The bill also would authorize the establish- CBO assumes that the fund would be replen- tion efforts. The bill would authorize the ap- ment of a response readiness corps with up ished—through discretionary appropria- propriation of $24 million in 2006 and such to 250 members to staff the office and for de- tions—on an annual basis at the $100 million sums as may be necessary in 2007 for per- ployment on short notice, plus a readiness level, adjusted for inflation, and that it sonnel, education and training, equipment, reserve from current federal employees and and travel costs. It would authorize an ini- up to 500 nonfederal personnel to support op- would be used for a mix of activities with an tial appropriation of $100 million for the erations if needed. The costs of activating aggregate spending pattern similar to the emergency fund plus a permanent, indefinite the corps would be paid from the emergency Economic Support Fund. authorization of such sums as may be nec- fund. Based on information from the State Famine and Reconstruction Assistance essary to replenish funds expended. In addi- Department, CBO estimates that annual tion, it would authorize the President to costs associated with the office and the re- Section 2205 would expand the purposes for waive the percentage and aggregate dollar sponse readiness corps would be $24 million, which appropriations for international dis- limitations in current law regarding various adjusted annually for inflation. aster assistance may be provided to include authorities to draw down or to transfer re- Emergency Fund. Section 705 would author- programs of famine relief and reconstruction sources to respond to such crises. ize $100 million for an emergency stabiliza- following manmade or natural disasters

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5525 abroad. The bill would authorize the appro- the cost recovery of water investments mates implementing this section would cost priation of $656 million in 2006 for inter- projects would be in local currencies, CBO about $6 million a year, assuming the appro- national disaster and famine assistance, but assumes that investments relying on hard- priation of the necessary funds. not reconstruction. Reconstruction following currency credits would remain unattractive Educational Expenses of Dependent Children. manmade or natural disasters can be very and would be little used. Section 301 would authorize payments for expensive and has often been funded by sup- Debt Relief for the Poorest certain educational expenses of dependent plemental appropriations. Section 2114 would authorize the appro- children of Foreign Service employees posted This year the President is requesting sup- priation of $100 million in 2006 for the cost, overseas. Section 506 would allow the BBG to plemental appropriations of $0.7 billion for as defined by the Federal Credit Reform Act, pay for the educational expenses of certain tsunami relief and reconstruction and nearly of restructuring bilateral debts, for debt re- dependents of employees in the Common- $2.0 billion for Afghanistan. Those amounts lief under the Tropical Forest Conservation wealth of the Northern Mariana Islands. are in addition to $100 million enacted for Initiative, and for a contribution to the Based on information from the Department Central America and the Caribbean to re- Heavily Indebted Poor Countries Trust Fund of State and the BBG, CBO estimates imple- cover after disastrous hurricanes last fall. administered by the World Bank. In addi- menting these provisions would cost about $3 While it is impossible to estimate future tion, section 2221 would authorize the Presi- million annually. funding levels on an annual basis, CBO esti- dent to reduce the U.S. bilateral debt of low- Housing for Employees. Section 318 would mates that meeting the expanded purposes income countries as part of multilateral allow the department to provide housing to could require appropriations of several hun- debt-relief agreements, commonly referred 10 more employees of the U.S. Mission to the dred million dollars to one billion dollars to as the Paris Club, limited to such extent United Nations in New York City. Based on above the level specified by the bill for coun- or in such amounts as may be provided in ad- information from the State Department, tries emerging from natural disasters, con- vance in an appropriation act. That author- CBO estimates the additional housing would flict, or civil strife. For this estimate, based ization is the same as the authorization con- cost between $500,000 and $1 million a year, on historical funding for similar activities, tained in general provisions of annual appro- assuming the availability of appropriated CBO assumes the costs for implementing this priation acts for nearly a decade. funds. section would total about $500 million each The U.S. government has forgiven the bi- Indefinite Authorizations for Currency Fluctua- year over the 2006–2010 period, assuming the lateral debt that it once held for most of the tions appropriation of the necessary funds. Spend- world’s poorest countries; however, it still Section 102(c) would authorize the appro- ing of such funding would likely occur over holds the debt of some of the world’s poorest a period of years so that annual outlays priation of such sums as may be necessary in countries such as the Democratic Republic of 2006 and 2007 to compensate for adverse fluc- would start well below that level, and grow the Congo, Afghanistan, Sudan, Somalia, and gradually. tuations in exchange rates that might affect Liberia. Congo has been offered multilateral contributions to international organizations. Safe Water debt relief by the Paris Club. At some point Any funds appropriated for this purpose Title XXVI would authorize the President after 2006, the other poor countries may would be obligated and expended subject to to furnish assistance to improve the safety meet the minimum requirements for multi- certification by the Office of Management of water supplies in developing countries, to lateral debt relief as stipulated by the bill. and Budget. CBO estimates that the dollar expand access to safe water and sanitation, We cannot project the exact timing of such will decline rougly 2 percent in 2006 and that and to promote sound water management. In action, but given the experience of other the Department of State would require an addition to grant assistance to local govern- countries emerging from internal conflict, additional $8 million that year to fully pay ments and nongovernmental organizations, we estimate that it would take at least two assessed contributions to international orga- it would authorize the President to create a to three years after a reconstituted civilian nizations. Currency fluctuations over the pilot program with the authority to issue in- government is established in those countries longer term are extremely difficult to vestment insurance, investment guarantees, before any multilateral debt agreement project, and they could result in spending ei- and loan guarantees; to provide direct in- would be negotiated. While the bill does not ther higher or lower than the amounts spe- vestment or investment encouragement; and specifically authorize the appropriation of cifically authorized in the bill for contribu- to carry out special projects and programs any funds, CBO estimates that the present tions to international organizations and pro- for eligible investors to assist in the develop- value of all debt of low-income countries grams. Therefore, this estimate assumes no ment of safe drinking water and sanitation held by the U.S. government to be between additional currency fluctuations in 2007. infrastructure. It would authorize the appro- $550 million and $600 million. CBO estimates Miscellaneous Provisions priation of such sums as may be necessary that forgiving bilateral loans to Congo would over the 2006–2011 period to carry out the cost about $235 million in 2007, an increase of S. 600 would authorize several new or ex- title. $155 million over the amount authorized for panded programs. In general, the bill would The bill would, to the extent provided for 2006. CBO estimates that forgiving the bilat- fund these programs through earmarks of in advance in appropriation acts, authorize eral loans to other poor countries would cost funds otherwise authorized or the provisions the President to create such legal mecha- about $75 million a year over the 2008–2010 would have an insignificant impact on spend- nisms as may be necessary for implementing period, assuming appropriation of the nec- ing subject to appropriation, CBO estimates. the authorities under the pilot program and essary amounts. Section 213 would create a Victims of Crime Office within the Department of State to deem such legal mechanisms to be non- Office Building for American Institute in Tai- and authorize the department to provide federal borrowers for purposes of the Federal wan (AIT) Credit Reform Act. It would, notwith- services and financial assistance from its standing any other provision of law, author- Section 211 would amend current law to emergency fund to U.S. nationals who be- ize the President to provide assistance under authorize such sums as may be necessary for come crime victims overseas. CBO cannot es- the pilot program in the form of partial loan the construction of a new office building for timate the budgetary impact of this provi- guarantees of up to 75 percent of the total the AIT in Taipei, Taiwan. Public Law 106– sion given the uncertainties associated with amount of the loan. 212 authorized the appropriation of $75 mil- estimating how many individuals may be It is unclear whether the pilot program lion for the facility without fiscal year limi- victimized and whether victims of terrorist would be entirely new or would be an aug- tation. According to the Department of acts would also be covered under this provi- mentation of the existing credit programs of State, the projected cost of the building is sion. the U.S. Agency for International Develop- now $153 million, and roughly $20 million has Title XXIII would authorize assistance to ment and Overseas Private Investment Cor- been spent on site acquisition and design. reduce the threat to diplomatic missions poration. It is also unclear whether this new CBO estimates a net increase in authoriza- abroad from an attack using radioactive ma- program would create federal or nonfederal tion of $78 million and assumes that con- terials. In particular, it would authorize as- entities (legal mechanisms) or whether cred- struction would begin in 2007 and end in 2010. sistance to foreign countries to develop ap- it reform treatment would apply. However, it Personnel Benefits propriate response plans and to train foreign is clear that the bill would intend that re- S. 600 contains several provisions that personnel who would be the first to respond sources devoted to providing safe water be would provide benefits to State Department to such an attack. The bill would earmark $2 increased. For the purpose of the estimate, personnel that would increase costs by up to million from the amount authorized else- CBO assumes the bill would double the as- $10 million each year, assuming the appro- where in the bill for Nonproliferation, Anti- sistance for safe water provided to Sub-Saha- priation of the necessary funds. Terrorism, Demining and Related (NADR) ran Africa in 2004, or an increase in 2006 of Hardship and Danger Pay Allowances. Sec- programs to fund these activities. $50 million over the amounts otherwise au- tion 303 would increase the cap on hardship Title XXIV would authorize a program of thorized in the bill, and that amount would allowances and danger pay allowances from global pathogen surveillance to assist in the increase over the next five years to $470 mil- 25 percent to 35 percent of basic pay for em- monitoring and response to bioterrorism and lion, or the amount spent in 2004 for water ployees serving overseas. Based on informa- outbreaks of infectious disease. The bill programs including those in Iraq. Because tion from the Department of State, CBO esti- would earmark $35 million from the amount

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5526 CONGRESSIONAL RECORD—SENATE April 4, 2005 authorized for NADR to fund these activi- ganization through grants. While the provi- eliminate or consolidate existing reporting ties. sion is silent on the level of funding, the requirements. Title XXVIII would authorize a program President is requesting $25 million for the Direct Spending and Revenues for safeguarding and eliminating man-port- foundation. CBO estimates that S. 600 would raise di- able air-defense systems and other conven- Section 2211 would authorize appropria- rect spending by $33 million in 2006 and by tional arms. It would earmark $20 million tions for educating children in Afghanistan $87 million over the 2006–2015 period (see from amounts otherwise authorized in the about the dangers of land mines. Table 3). The bill also contains provisions bill. that would increase and decrease govern- Section 2224 would authorize the Secretary The bill includes numerous provisions that mental receipts (revenues), but CBO esti- to designate a nonprofit organization as the would expand or introduce new reporting re- mates that the net effect of these provisions Middle East Foundation and to fund the or- quirements and other provisions that would would be less than $500,000 a year. TABLE 3.—ESTIMATED DIRECT SPENDING AND REVENUES IN THE FOREIGN AFFAIRS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007 [By fiscal year, in millions of dollars]

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Changes in Outlays ...... 0 33 14 11 11 11 3 1 1 1 1 Changes in Revenues ...... 0 (*) (*) (*) (*) (*) (*) (*) (*) (*) (*) Note: (*) = less than $500,000.

Buying Power Maintenance Account to employees of the U.S. Mission to the Section 2207 would authorize the President The State Department may maintain an United Nations in New York City. The Joint to waive the requirement that a foreign gov- approved level of program activity in the Committee on Taxation estimates that the ernment pay to the United States the net face of currency fluctuations through a Buy- provision would reduce tax receipts by less proceeds from the sale of any military equip- ing Power Maintenance Account. Under cur- than $500,000 each year, assuming it would be ment it has received from the United States rent law, the Secretary of State may trans- effective for allowances paid on or after Oc- on a grant basis. CBO estimates the forgone fer any current funds in excess of needs that tober 1, 2005. offsetting receipts would not be significant. Sections 201 and 203 would raise govern- result from an increase in the purchasing INTERGOVERNMENTAL AND PRIVATE-SECTOR mental receipts (revenues) by establishing power of the dollar from accounts under IMPACT new criminal penalties that would be as- ‘‘Administration of Foreign Affairs’’ to the S. 600 contains no intergovernmental or sessed against persons interfering with the Buying Power Maintenance Account. The private-sector mandates as defined in UMRA law enforcement and protective functions of funds in the account are available for trans- State Department special agents and guards. and would not affect the budgets of state, fer back to those accounts only to offset fu- CBO estimates that the increase in revenues local, or tribal governments. ture adverse fluctuations in exchange rates would not be significant in any year. Collec- Estimate Prepared By: or overseas wage or price levels. The Sec- tions of criminal fines are deposited in the Federal Costs—State Department: Sunita retary may also transfer unavailable bal- Crime Victims Fund and are later spent. D’Monte; Foreign Aid: Joseph C. Whitehill; ances into the Buying Power Maintenance CBO estimates that the criminal penalties Foreign Service Retirement: Geoffrey Account, but only to the extent and in such that would be established under the bill Gerhardt; Law Enforcement: Mark amounts as specifically provided in advance would increase direct spending from the Grabowicz; Revenue Effects: Annabelle in appropriation acts. No appropriation act Crime Victims Fund by less than $500,000 per Bartsch. has ever provided that authority. Section 207 year. Impact on State, Local, and Tribal Govern- of the bill would strike the requirement for Section 205 would allow the State Depart- ments: Melissa Merrell. appropriation action, thus allowing the Sec- ment’s International Litigation Fund to re- Impact on the Private Sector: Paige Piper/ retary to transfer lapsed funds into the Buy- tain awards of costs and attorneys’ fees as a Bach. ing Power Maintenance Account and making result of a decision by an international tri- Estimate Approved By: them available to offset future adverse cur- bunal. Based on information from the de- Peter H. Fontaine, Deputy Assistant Direc- rency fluctuations. partment, CBO estimates that the Depart- tor for Budget Analysis. According to the Treasury Combined ment of State would collect and spend less DIVISION B—FOREIGN ASSISTANCE Statement on Receipts, Outlays, and Bal- than $500,000 a year. AUTHORIZATION ACT, FISCAL YEAR 2006 ances, 2004, the Department of State had $80 Section 214 would authorize the Secretary million in unobligated, unavailable balances to provide museum visitor and educational (A) SUMMARY OF FUNDS in various accounts in the Administration of outreach services and to sell, trade, or trans- [In millions of dollars] Foreign Affairs bureau at the start of 2005. fer documents and articles that are displayed Com- Under the bill, such balances could be trans- at the United States Diplomacy Center. Any FY 2005 FY 2006 mittee ferred into the Buying Power Maintenance proceeds generated from these services or estimate request mark account upon enactment and made available sales would be retained and spent by the cen- Child Survival & Health Programs to meet adverse exchange rate fluctuations. ter, and CBO estimates that this provision Fund (CSH) ...... 1,538 1,252 1,252 In addition, CBO estimates approximately 0.5 would have an insignificant net effect on di- Global Fund to Fight AIDS, Tuber- percent of obligated balances, or about $20 rect spending. culosis, and Malaria 1 ...... (248) (100) (100) Several sections in title III of the bill Development Assistance (DA) ...... 1,448 1,103 1,103 million, would be deobligated each year and International Disaster and Famine As- reappropriated under the bill. Because we es- would amend retirement benefits for State sistance ...... 485 656 656 timate the dollar will decline in value over Department personnel by slightly broad- Transition Initiatives ...... 49 325 325 ening the authority of the department to Development Credit Authority (DCA) .... 8 8 8 the next year, we estimate that about half of USAID Operating Expenses (OE) ...... 613 681 681 the funds would be transferred out of the temporarily rehire Foreign Service retirees USAID Capital Investment Fund ...... 59 78 78 Buying Power Maintenance Account and without terminating their pension benefits; USAID Inspector General Operating Ex- changing personnel review and termination penses (IG) ...... 35 36 36 spent. In total, we estimate direct spending Economic Support Fund (ESF) ...... 2,481 3,036 3,036 of about $80 million over the 2006–2015 period. procedures for each Foreign Service class; Assistance for Eastern Europe and the Medical Reimbursements establishing a 60-day deadline for the Office Baltic States (SEED) ...... 393 382 382 of Personnel Management to issue regula- Assistance for the Independent States Section 206 would provide the State De- of the Former Soviet Union (FSA) .... 556 482 482 tions in accordance with a previously en- partment greater flexibility in retaining re- Peace Corps ...... 317 345 345 acted change in pension benefits for certain Inter-American Foundation ...... 18 18 18 imbursements for funding medical care pro- spouses of Foreign Service workers; and al- African Development Foundation ...... 19 19 19 vided to employees and eligible family mem- Millenium Challenge Corporation ...... 1,488 3,000 3,000 lowing employees of Office of Coordination International Narcotics Control and bers overseas. Based on information from the for Reconstruction and Stabilization to con- Law Enforcement (INCLE) ...... 326 524 524 department, CBO estimates that it would tinue collecting full retirement annuities Andean Counterdrug Initiative (ACI) .... 725 735 735 collect and spend between $500,000 and $1 mil- Nonproliferation, Anti-Terrorism, provided by the Foreign Service retirement Demining (NADR) ...... 399 440 440 lion a year. system. Under current law, Foreign Service Treasury Technical Assistance ...... 19 20 20 Other Provisions retirement benefits are temporarily sus- Debt Relief ...... 99 100 100 International Military Education & CBO estimates that several provisions in pended during any period of reemployment Training (IMET) ...... 89 87 the bill would affect direct spending and rev- by the federal government. CBO estimates Foreign Military Financing (FMF) ...... 4,745 4,589 4,589 enues by less than $500,000 annually. that enacting the provisions would increase Peacekeeping Operations (PKO) ...... 178 196 196 International Organizations & Pro- Section 318 would exempt, for federal in- direct spending by less than $500,000 annually grams (IO&P) ...... 326 282 282 come tax purposes, housing allowances paid over the 2005–2015 period.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5527 [In millions of dollars] Peter O’Neill, Deputy Fire Chief, Grand second-highest ranking lawyer. In that Forks, North Dakota. role, she was responsible for resolving Com- William Bloom, Volunteer Ski Patrol (Re- FY 2005 FY 2006 mittee several high-profile matters, including estimate request mark tired), Sprague River, Oregon. Randy Benham, Park Ranger, Grants Pass, the sexual harassment scandal dubbed Total ...... 16,413 18,394 18,394 Oregon. ‘‘Tailhook’’ and the U.S. Naval Acad- 1 The administration requested $3.16 billion for international HIV/AIDS, tu- Jim Allday, EMS, Austin, Texas. emy cheating case. berculosis, and malaria programs in FY2006, a 9 percent increase over the Thomas Stephan Lott, Jr., Firefighter, In 1994, Ms. DiBattiste returned to estimated amount to be provided in FY2005. The request included $2.564 Round Rock, Texas. the Department of Justice as the direc- billion to be appropriated through the Foreign Operations appropriations and $596 million through appropriations for the Departments of Labor and Trevor Joseph Stokes, Firefighter, George- tor of the Executive Office for United Health and Human Services. town, Texas. States Attorneys. In that capacity, she This bill authorizes part of this request through the Child Survival and Tim Wallace, Firefighter, Round Rock, was instrumental in investigating the Health (CSH) account which includes the President’s request of $439 million Texas. for HIV/AIDS, tuberculosis, and malaria programs. The authorized amount for Oklahoma City Bombing, Unabomber, the CSH account also includes $100 million for the Global Fund to Fight Philip Joseph Ornot, Jr., US Coast Guard, AIDS, Tuberculosis, and Malaria. (The President requested $300 million to be Virginia Beach, Virginia. Olympic Park Bombing and TWA 800 appropriated for contributions to the Global Fund; the other $200 million is airliner crash. Between 1997 and 1999, divided between the Global HIV/AIDS Initiative ($100 million) and NIH/HHS f ($100 million). The GHAI account, for which the President requested $1.87 she served with distinction as Deputy billion, is not authorized in this bill because it is already authorized in the ADDITIONAL STATEMENTS United States Attorney for the South- United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (P.L. 108–25). ern District of Florida. In 1999, Ms. DiBattiste accepted the nomination of f RETIREMENT OF CAROL former President Clinton and served as DIBATTISTE TRIBUTE TO AMERICA’S HEROES Under Secretary of the Air Force OF THE STORM ∑ Mr. DOMENICI. Mr. President, I where, among other duties, she chaired Mr. ISAKSON. Mr. President, would like to extend my best wishes to a task force that brokered an anti-har- throughout the week of April 10, 2005, Carol DiBattiste, whose last day as assment action plan for the Depart- The Weather Channel, based in At- deputy administrator of the Transpor- ment of Defense. Prior to joining TSA, lanta, GA, will air a special series, en- tation Security Administration was Ms. DiBattiste was a partner at Hol- titled Heroes of the Storm, honoring April 8, 2005. Carol DiBattiste is truly a land & Knight LLP, where her practice the Americans who performed the most living textbook version of a ‘‘public areas involved corporate diversity exciting rescues depicted in the net- servant.’’ Her record is one of service counseling, government relations, and work’s acclaimed series Storm Stories. to country, of a strong leader who criminal and civil litigation. Featured in the tribute will be 28 he- gives unstintingly of herself to make Last July, TSA Chief of Staff roes from 15 States and the District of sure that America’s defenses against DiBattiste became Deputy Adminis- Columbia. These heroes, like all who terrorism are as strong as possible. I trator DiBattiste, a move that again risk their lives for others, deserve our know that Carol’s dedication to this recognized her many talents and lead- Nation’s admiration, recognition and mission and strong leadership will be ership abilities. Deputy Administrator thanks. I ask unamious consent that sorely missed by her colleagues at TSA DiBattiste and Administrator David the following list of heroes be printed and the Department of Homeland Secu- Stone have spearheaded the efforts to in the RECORD. rity. make TSA a strong and mature per- There being no objection, the mate- Ms. DiBattiste arrived at TSA in formance based Federal agency. But rial was ordered to be printed in the March of 2003 after more than 33 years even more importantly, Ms. DiBattiste RECORD, as follows: of public service and two years at a pri- made it her mission at TSA to continu- Mary Teresa Bagshaw, Nurse, Crawford, vate law firm. As the new Chief of Staff ously recruit new leaders and make Colorado. at TSA, she brought with her a sense of sure that every TSA employee—from Richard Lee Fowler, Pilot, Longmont, Col- urgency that fit well in an agency com- the screeners to the executive team— orado. mitted to the security of the Nation’s understood their role in securing our Dawud Amin, Firefighter, New Haven, Con- transportation system. Ms. DiBattiste necticut. Nation. Finally, Carol made sure that Capt. Howard McCann, Firefighter, Madi- immediately put her unique experience each of those employees understood son, Connecticut. and skills to work as a member of the that: they were valued, their opinions Brian Wetzler, US Coast Guard Pilot, TSA leadership team as it rushed to mattered, and that what they were Washington, District of Columbia meet its mission. doing was important, even vital to Bradley Paul Brown, Paramedic (Retired), Hard work has characterized Ms. achieving TSA’s mission. For that, we Mt. Dora, Florida. DiBattiste’s public career. She enlisted Alan Auricchio, US Coast Guard, all owe Deputy Administrator Penbroke, Maine. in the Air Force in 1971, earned her DiBattiste a great deal of gratitude. Bart Cohey, Firefighter, Cordova, Mary- B.A. degree magna cum laude in soci- It is instructive to read what some of land. ology/criminal justice from LaSalle her friends and colleagues at TSA have Melvin Lee Johnson, US Naval Reserves, University in 1976, her J.D. degree from to say about Ms. DiBattiste. From Tom Baltimore, Maryland. Temple University School of Law in Blank, the Chief Support Systems Offi- Robert Sebeck, Firefighter, Abingdon, 1981, and her Master of Laws degree cer: ‘‘Many times the sky was actually Maryland. from Columbia University School of Petersen Niles Decker, US Naval Reserves, falling and when it was, Carol was in Grosse Pointe, Michigan. Law in 1986. charge of getting it put back up there Orlin Anderson, Firefighter, Karlstad, Min- Before retiring from the Air Force as again—all the while with the greatest nesota. a major in 1991, her assignments in- sense of humor there is.’’ From The- Gary Wayne Casper, Las Vegas PD, Las cluded serving as chief prosecutor for resa Bertucci, Assistant Administrator Vegas, Nevada. the Pacific Region, faculty of the Air for Intermodal Programs: ‘‘She always Clint Malburg, Las Vegas PD, Las Vegas, Force Judge Advocate General School, pushed the entire organization towards Nevada. James T. Mitchell, Las Vegas PD, North and chief recruiting attorney for the a level of excellence and commitment, Las Vegas, Nevada. Air Force. Going forward, Ms. and never asked more of any person Richard G. Servoss, Las Vegas PD, Las DiBattiste’s career took her to the De- that worked alongside her than she Vegas, Nevada. partment of Justice where she was an asked of herself.’’ And addressing Ms. George Marinkov, US Coast Guard, Assistant United States Attorney for DiBattiste, Tammy M. Meckley, Dep- Linwood, New Jersey. the Southern District of Florida and uty Assistant Administrator for Trans- Warren Scott Adams, US Coast Guard, director of the Department’s Office of portation Security Policy, said: ‘‘Lead- Elizabeth City, North Carolina. Lt Cmdr Joseph Edward Deer III, US Coast Legal Education. In 1993, Ms. ership is what every employee craves, Guard, Camden, North Carolina. DiBattiste served with the Department thanks for keeping all of us well fed.’’ Jeffrey D. Kotson, US Coast Guard, Eliza- of the Navy, where she was principal In an interview with TSA’s news- beth City, North Carolina. deputy general counsel, the service’s letter, the Sentinel, Ms. DiBattiste

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5528 CONGRESSIONAL RECORD—SENATE April 4, 2005 said of the agency’s efforts, ‘‘Without Throughout his tenure, the members fore adolescence. The disorder is often question, America is safer since the of the Senate Armed Services Com- inherited, and symptoms can emerge at stand-up of TSA, and TSA has done an mittee have found Pete Teets to be one any time in life. excellent job of protecting the home- of the most thoughtful and insightful Bipolar disorder has a significant im- land. . . .’’ Then typically, she added DOD officials we have come to know. pact on our society. Children with the that ‘‘there is a lot more to do.’’ His ability to reduce complex system condition are at higher risk for school Mr. President, I realize we have much assessments into meaningful con- failure, substance abuse, and suicide. to accomplish here in the United structs were, on more than one occa- The terrible human and social costs States Senate, but I felt it was impor- sion, immensely helpful to every com- highlight the importance of discov- tant that we thank this great Amer- mittee member. His private counsel ering better treatments, and ulti- ican. I wish to congratulate Deputy and immense personal interaction were mately a cure, for bipolar disorder. Administrator Carol DiBattiste on a directly responsible for solving major Few controlled studies have been done distinguished and selfless career; and program problems for which our coun- on the use of psychiatric medications in closing, offer the thought that the try is most grateful. in children. XXXXXXX, however, is nation would be well-served if some- Our Nation deserves no less than the bravely doing his part to increase our time in the future she once again re- full measure of devotion from the men knowledge of this disease. XXXXXXX joined the ranks of public servant.∑ and women it nominates to our highest volunteered to leave home for several f positions of authority. Peter Teets ful- months to participate in a study that HONORABLE PETER B. TEETS filled every expectation the Congress required that he be locked in an 8-bed and the nation placed upon him. He did unit, submit to blood tests, brain ∑ Mr. SESSIONS. Mr. President I rise so with a combination of grace and dig- scans, and other tests, go off all medi- today to honor a distinguished Amer- nity, superb organizational and mana- cation, and receive lithium or placebo, ican and patriot the Honorable Peter gerial skill, and with that rare cou- B. Teets, former Acting Secretary of possibly risking his own well-being in pling of professionalism and confidence the Air Force and Under Secretary of the process. He consented to being that his Air Force and our Department the Air Force. forced into seclusion or medicated if Secretary Teets left government of Defense would not accept anything his rages could not be controlled. All service on March 25, 2005 to join his short of excellence in accomplishing the while, XXXXXXX kept up with a family in Colorado. He did so after four every assigned mission and task. home school curriculum. years of selfless devotion to his coun- I truly hope this is not the last time XXXXXXX’X decision to travel far try serving in what I would charac- the nation will call upon Peter Teets from home to participate in a difficult terize as four of the most important and his family to serve this grateful clinical trial—one that potentially jobs within the Department of De- Nation. Indeed, Pete has earned the puts himself at risk for the benefit of fense—as the senior official in the De- right to return home and focus on the others—will contribute to our under- partment of the Air Force responsible one thing all of us yearn to do—spend standing of pediatric bipolar disorder for nearly 700,000 military, civilians, time and focus on family. His many and how to treat it. His self-sacrifice and family members with budget au- friends in the Senate wish him and his will live on in the form of better treat- thority exceeding $110 billion dollars. family all the best in the days ahead. ment options for the many other chil- Simultaneously, Mr. Teets also served We bid Pete a fond farewell and heart- dren who, like him, must live with this as the Department of Defense Execu- felt thanks for a magnificent job as our condition. For that, XXXXXXX de- tive Agent for Space and as the Direc- Acting Air Force Secretary and as our serves our most sincere recognition.∑ tor of the National Reconnaissance Of- Under Secretary of the Air Force. We f fice. In this later special capacity he are a better people and stronger Nation today because Pete Teets gave and ac- TRIBUTE TO WILLIAM ‘‘BILL’’ was responsible for the acquisition and DAVID SMITH operation of all space-based reconnais- complished so much. We will indeed ∑ sance and intelligence systems. I think miss America’s ‘‘Mr. Military Space’’ Mr. SHELBY. Mr. President, today I you would agree Mr. President, Pete and wish him God’s everlasting bless- pay tribute and honor a dear friend of Teets was an extraordinary public serv- ings.∑ mine who passed away recently. Bill ant possessing uncompromising stand- f David Smith, whom I have called a friend and relied on for half a century, ards, superior managerial skills and a HONORING XXXXXXX XXXXXX keen analytical mind wherein he was passed away at the age of 72. He is sur- able to exact the most from the mili- ∑ Mr. BAYH. Mr. President, I rise vived by his beloved wife, Jane Bandy tary service he represented and the today to recognize the courage and sac- Smith, and two sons, David and Stuart. programs he supervised. His quest for rifice of XXXXXXX X. XXXXXX, X Bill David was passionate about all perfection across the board will long be XX-XXXX-XXX XXX XXXX XXXXX things in which he was involved, loved remembered both within and outside XXXX, XX. XXXXXXX suffers from pe- his community of Tuscaloosa, and was the Department. diatric bipolar disorder, a devastating very proud to be an Alabamian. Prior to joining the Department of but treatable brain disorder marked by We became friends during our time at Defense, Pete Teets worked in industry severe fluctuations in mood, activity, the University of Alabama, and I have for nearly four decades serving first as thought, and behavior. In an effort to always appreciated his counsel and a Martin Maretta flight control engi- contribute to the search for a cure, support over the years. My wife, An- neer and ending that service as the XXXXXXX volunteered to participate nette, and I have shared many memo- President and Chief Operating Officer, in a four-month long rigorous clinical ries with Bill David and his wife, Jane, Lockheed Martin Corporation. His re- study at the National Institutes of which we will cherish for years to sume is replete with ever increasing Mental Health in Bethesda, Maryland. come. positions of responsibility spanning the Though the exact prevalence is not Bill David was born in Meridian, MS, period 1963 to 2001, when he was nomi- known, the Child & Adolescent Bipolar and spent most of his youth in Gads- nated to serve President Bush as our Foundation estimates that at least den, AL. A University of Alabama Under Secretary of the Air Force and three quarters of a million American graduate, he was an honor student and Director of the National Reconnais- children and teenagers currently suffer received both a bachelor’s and master’s sance Office, two demanding tasks par- from bipolar disorder, many of whom degree in accounting. After graduation, ticularly during this time of trans- are undiagnosed. Bipolar disorder is he was a founding partner in the ac- formation within the Department of thought to affect 1–2 percent of adults counting firm, Morrison and Smith Defense, coupled with the challenges worldwide. Fifty-nine percent of adults LLP. Bill David was actively involved associated with emerging space re- with bipolar disorder report that their in activities surrounding the account- quirements and system development. symptoms first appeared during or be- ing profession and served as President

VerDate Sep 11 2014 10:27 Jul 29, 2021 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 C:\DISC\S04AP5.REC S04AP5 ejoyner on DSKJLYS7X2PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5529 of the Alabama Society of Certified dents on every topic of the tests ing access to sports and afterschool Public Accountants and Chairman of taken.’’ athletic activities is a challenge that its State Legislation Committee. He I congratulate East Grand Rapids we must strive to accomplish, so that was also a member of the Council of students John Abraham, Ted Bosch, all students can benefit from the les- the American Institute of Certified Ross Brenneman, Katherine Fasse, Bill sons outlined in Rosemary’s essay.∑ Public Accountants. Frayer, Kyle Fuller, Joe Gallmeyer, f Bill David was a member of the board Will Gallmeyer, Katherine Harger, of directors for the Alabama Trust Jimmy Hogan, Christina Kim, Peter 40TH ANNIVERSARY OF FRIEND- Fund and the Business Council of Ala- Meyer, Lenard Robert, Sarah Stevens, SHIP INDUSTRIES OF HARRISON- bama. Dedicated to a number of civic Tully Svekric, Alyssa Titche, Gab BURG organizations, he served on the Tusca- Tourek, Dimitri Wohns and their ∑ Mr. ALLEN. Mr. President, today I loosa County Juvenile Advisory Board teacher, Pierre A. Sirois. would like to recognize Friendship In- and the Alabama Juvenile Justice Co- I wish these students the best of luck dustries, of Harrisonburg, VA, for 40 ordinating Council. at the We the People national finals years of service to persons with disabil- Beyond Bill David’s devotion to his and applaud their outstanding achieve- ities in Harrisonburg City and Rock- work and his community, he was a ment.∑ ingham County. dedicated friend to many. A good na- f Friendship Industries has been a pio- tured person with a huge heart, Bill neer in the community since its incep- RECOGNIZING ROSEMARY FAY David often showed compassion for tion. The mission of the nonprofit so- those less fortunate. His quick wit and ∑ Mr. BAYH. Mr. President, today I cial service agency is to develop and intellect fostered his passion for policy congratulate an extraordinary young maintain employment and training op- issues and politics. He cared very deep- woman, Rosemary Fay, aged 11. Rose- portunities for persons with disabil- ly for his community and its people. mary, a sixth grader at St. Thomas ities. Clients of the agency begin with But most of all, my thoughts and Aquinas School in Indianapolis, was a program called Work Adjustment. prayers go out to Jane and their two the winner for her age group of the This program assists trainees with dis- sons. Bill David was a dedicated family USA Today National Sportsmanship abilities in their adjustment to a real man and his presence will be missed by Essay Contest. The essay contest was a work environment occurring within a those who knew him best. Indeed, we part of the 15th National Sportsman- supportive and sheltered atmosphere. will all miss him.∑ ship Day, sponsored by the Institute The individual learns appropriate work f for International Sport, to raise aware- behaviors and skills while developing ness about fair play, sportsmanship the highest productivity internally as WE THE PEOPLE: THE CITIZEN and ethics in athletics and society. a sheltered employee, and sometimes AND THE CONSTITUTION Nearly one thousand students sub- gets placed into competitive or sup- ∑ Mr. LEVIN. Mr. President, from mitted essays addressing sportsman- ported jobs in the community. April 30 through May 2, 2005, more than ship and ethics or offering a personal Friendship Industries started with 8 1,200 students from across the United reflection on good or poor sportsman- young men with mental retardation States will visit Washington, D.C. to ship. Students were asked to respond and has since grown to provide services take part in the national finals of ‘‘We to the question, ‘‘Do you dare to play for over 120 men and women with dif- the People: The Citizen and the Con- fair?’’. A panel of judges chose the four fering degrees of mental retardation, stitution,’’ the most extensive edu- winners, including Rosemary, who was mental illness, and/or physical illness. cational program in the country devel- the winning writer among middle The agency’s financial contribution to oped specifically to educate young peo- school entrants. the community has increased as well. ple about the U.S. Constitution and In her touching reflection on the im- Starting with a mere $20,000, the budg- Bill of Rights. Administered by the portance of sportsmanship, Rosemary et of Friendship Industries now ap- Center for Civic Education, the We the gives her own definition of what it proaches $4 million. It employs 20 staff People program is funded by the U.S. means to be a good sport. She writes, to run the program, and contributes Department of Education by act of ‘‘Good sports are confident, competi- over $3.6 million to the Harrisonburg Congress. tive and capable, but most of all, they area through wages, contract services I am proud to report that a class treat other people with respect and dig- and job training and services. from East Grand Rapids High School nity. Their attitudes and actions show Mr. David Flick, president of Friend- from Grand Rapids will represent the they have a higher purpose in life than ship Industries since 1976, has been in- State of Michigan in this prestigious just winning today’s game. Even when strumental in the growth and success national event. These outstanding stu- they lose, they act like winners.’’ In of the program. With his leadership, dents, through their knowledge of the this day of bitter disputes, when what the agency has expanded the access and U.S. Constitution, won their statewide is truly important is often over- breadth of the program by providing competition and earned the chance to shadowed by a more immediate con- transportation to interested trainees come to our Nation’s capital and com- flict, Rosemary’s essay shows us how and by forming a network of friendly pete at the national level. to step back, remember the bigger pic- area companies. I commend David for While in Washington, the students ture and be a good sport. his unwavering support and passion for will participate in a 3-day academic Rosemary also writes about the in- helping the disabled get back to work competition that simulates a congres- fluence of good sports in her life, pay- in the Shenandoah Valley. sional hearing in which they ‘‘testify’’ ing tribute to her teammates whose I congratulate Friendship Industries before a panel of judges. Students dem- good sportsmanship extends beyond the on 40 years of dedication to improving onstrate their knowledge and under- field. Her essay concludes that the lives of persons with disabilities, standing of constitutional principles ‘‘Sportsmanship can make a huge dif- and wish them continued success for and have opportunities to evaluate, ference in a person’s life. I know, be- many more years.∑ adopt, and defend positions on relevant cause I am fortunate to be on a team f historical and contemporary issues. It with truly great sports.’’ She credits is important to note that the Edu- her teammates with inspiring her to TRIBUTE TO BILL MARTIN cational Testing Service, ETS, charac- perserve in sports. ∑ Mr. LEVIN. Mr. President, on behalf terizes the We the People program as a Hoosiers have always known the im- of Senator STABENOW and myself, I rise ‘‘great instructional success.’’ Inde- portance of sports to American life. to pay tribute to Ann Arbor, MI, resi- pendent studies by ETS have revealed Playing sports teach our children val- dent Bill Martin. On May 2 of this year, that We the People students ‘‘signifi- ues like leadership, self-discipline, and the Jewish Federation of Washtenaw cantly outperformed comparison stu- the importance of hard work. Improv- County will confer their Humanitarian

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5530 CONGRESSIONAL RECORD—SENATE April 4, 2005 Award on Bill Martin as an out- BSU NATIONAL DEBATE AND ketball Association president since standing member of the community. SPEECH CHAMPS 2001. Mr. Vines is well known in Arkan- Throughout his life, Bill Martin has ∑ Mr. CRAPO. Mr. President, I rise sas for his many volunteer activities. dedicated himself, both publicly and today to recognize Boise State Univer- He has served as the coach of the Ar- privately, to projects that involve, con- sity’s outstanding debate and speech kansas Rollin’ Razorbacks, a wheel- cern, and benefit the community. When team, the Talkin’ Broncos, who cap- chair basketball team that he helped the Ann Arbor public schools needed tured the national title at the Biennial established in 1978. In addition, Mr. extra funds for school projects, Bill im- Pi Kappa Delta National Tournament Vines has coached the U.S. Wheelchair plemented the very successful 3-on-3 in St. Louis on March 20. The open Basketball team four times in inter- Superball basketball tournament. He tournament is the Nation’s oldest and national competition and served in nu- rallied a group of craftsmen to rebuild largest team competition among 4-year merous administrative roles in the or- State ranger cabins on Isle Royale and schools with forensics programs. More ganization over the past 28 years. personally joined in the effort. And he than 470 competitors representing 72 On April 9, 2005, Mr. Vines, as the Na- answered the calls of both the Univer- schools and 29 States participated in tional Wheelchair Basketball Associa- sity of Michigan Athletic Department the event. The 14-member champion- tion President, will present the first se- and the United States Olympic Com- ship team also brought home an im- ries of National Wheelchair Basketball mittee when they were engulfed in tur- pressive 22 individual awards. Association Spirit Awards in Phoenix, moil and controversy. Many in this Chamber appreciate the AZ. The Spirit Award recognizes the Bill Martin has been director of importance of speech and debate in the work of the many volunteers and orga- Intercollegiate Athletics at the Univer- business of government. Forensic skills nizations that support the National sity of Michigan since 2000. Bill has translate into effective communica- Wheelchair Basketball Association. also served as the president of the tion, and not just in politics. These The 2005 Spirit Award recipients are United States Olympic Committee. An young women and men have developed Evelyn Bologna of Lexington, KY; Jim avid sailor, Bill Martin has also served techniques that will serve them Hayes of Arlington, TX; Tim Stout of as president of the United States Sail- throughout their lives, no matter what East Moline, IL; and the Rehabilita- ing Foundation, as well as the U.S. career they decide to pursue. They tion/Education Program at the Univer- Sailing Association. have demonstrated exceptional oratory sity of Illinois in Champaign, IL. In 1968, Bill Martin founded First capabilities and the quick and incisive Mr. President, I applaud Harry Vines’ Martin Corporation, a diversified real thinking needed to communicate ideas dedicated service to the National estate construction, development and and persuade others of the merits of Wheelchair Basketball Association and management firm. He is also the found- their opinions in an expeditious man- his exemplary leadership.∑ er and chairman of the board of Bank ner. of Ann Arbor. I congratulate all the students on the f Bill Martin’s devotion to his commu- team as well as their coaches and head nity ranges beyond business and ath- coach Marty Most. I would especially letics. He has served as president of the like to recognize John Petty, national TRIBUTE TO THE MIDDLEBURY Washtenaw Land Conservancy, and has champion in the broadcast journalism PANTHERS MEN’S ICE HOCKEY been a board member of the Ann Arbor division; and Lacey Rammell-O’Brien TEAM, Public Schools Foundation and the and Nancy Henke for their recognition ∑ Mr. JEFFORDS. Mr. President, I rise Washtenaw Technical Middle College. as two of only nine All-Americans. today to congratulate the Middlebury He has been a member of the advisory Over the years, Boise State has firmly College men’s ice hockey team on its board of U-M’s Center for the Edu- established itself as a national force March 19, 2005 victory in the NCAA Di- cation of Women and served on the for forensics, and the fact that most of vision III National Championship Fales Committee of the U.S. Naval the students on the team are from against St. Thomas University. This is Academy. He is currently on the board Idaho high schools is a fine testament the second straight national champion- of directors of New York 2012, working to the strength of the secondary aca- ship for the Panthers and their seventh to bring the Olympic Games to New demic programs in my home state. in the past 11 years. York City. This national title is especially note- He has been awarded numerous For more than two centuries, worthy, and I am proud to honor Boise Middlebury College has offered stu- awards including the U.S. Olympic State University’s tremendous achieve- Committee Award for outstanding dents a top-notch liberal arts edu- ment in the United States Senate cation. Best known for its academic ex- service to the U.S. Olympic Committee today.∑ and America’s athletes, the Nathanial cellence and its picturesque campus, f G. Herreshoff Trophy for outstanding Middlebury also boasts a highly re- contribution to the sport of sailing, the IN RECOGNITION OF HARRY VINES garded athletic program that com- Bob Ufer Distinguished M Club Award, ∑ Mrs. LINCOLN. Mr. President, today plements its educational mission and and ‘‘Ann Arbor News’ Citizen of the I rise to pay tribute to Arkansas Harry helps facilitate a great collegiate expe- Year’’ for his service and contributions Vines, president of the National Wheel- rience for all Middlebury students. to the community. chair Basketball Association. Over 25 percent of all undergraduates Bill earned a bachelor of arts degree The National Wheelchair Basketball at the college participate in varsity from Wittenberg University, a grad- Association is the largest and oldest sports and Middlebury has worn an as- uate degree in economics from the Uni- wheelchair sports organization in the tonishing 24 national titles in just over versity of Stockholm, and a MBA from world. Established in Champagne, IL, a decade. the University of Michigan. in 1948, the National Wheelchair Bas- During this past hockey season, the Bill and his wife Sally have lived in ketball Association has provided oppor- Panthers represented Middlebury with Ann Arbor since 1967 when they met as tunities for individuals with physical hard work and determination on the students. They have two grown sons, disabilities to learn to play and com- ice. The accomplishments of the stu- Seth and Michael. pete in the game of basketball. For dent-athletes were rewarded by a loyal Senator STABENOW and I are de- more than 50 years, thousands of indi- fan base that packed the Chip Kenyon lighted to have the opportunity to pay viduals ranging from young children to Arena night after night to watch great tribute to Bill Martin for all of his con- disabled war veterans have benefited college hockey. Along with the thou- tributions to his community and con- from the programs of the National sands of Middlebury hockey fans, I am gratulate him on his upcoming honor Wheelchair Basketball Association. proud to have such an impressive col- from the Jewish Federation of Harry Vines of Sherwood, AR, has lege hockey team playing in the State Washtenaw County.∑ served as the National Wheelchair Bas- of Vermont.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5531 I congratulate each member of the Smith, Angie Todd, Nina Daugherty, H. Con. Res. 95. Concurrent resolution es- team: Head Coach Bill Beaney, Assist- and Kate Kogut. tablishing the congressional budget for the ant Coach Chris LaPerle, Student As- Again, congratulations Panthers on United States Government for fiscal year sistant Coach Ryan Cahill, Team Man- another national championship, I wish 2006, revising appropriate budgetary levels ∑ for fiscal year 2005, and setting forth appro- ager Ryan McQuillan, Team Trainer you all the best next year. priate budgetary levels for fiscal years 2007 David Matthews, Team Physician Mark f through 2010. Peluso, Ross Cherry, Tom Maldonado, f Jed McDonald, Levi Doria, Scott Ward, MESSAGES FROM THE PRESIDENT Tim Graham, Mickey Gilchrist, Darwin Messages from the President of the ENROLLED BILL PRESENTED Hunt, Patrick Nugent, Eric United States were communicated to The Secretary of the Senate reported LeFreniere, Justin Gaines, Evgeny the Senate by Mr. Williams, one of his that on March 21, 2005, she had pre- Saidachev, Robert MacIntyre, Shady secretaries. sented to the President of the United Young, Jeff Smith, Brett Shirreffs, f States the following enrolled bill: John Sales, Leonard Badeau, Brian S. 686. An act to provide for the relief of Phinney, Richie Fuld, Yen-I Chen, EXECUTIVE MESSAGES REFERRED the parents of Theresa Marie Schiavo. Jocko DeCarolis, Samuel Driver, and As in executive session the Presiding f Scott Bartlett. Officer laid before the Senate messages EXECUTIVE AND OTHER Again, congratulations Panthers on from the President of the United COMMUNICATIONS another incredible season and good States submitting sundry nominations The following communications were luck next year.∑ and a withdrawal which were referred laid before the Senate, together with f to the appropriate committees. accompanying papers, reports, and doc- (The nominations received today are TRIBUTE TO THE MIDDLEBURY uments, and were referred as indicated: PANTHERS WOMEN’S ICE HOCK- printed at the end of the Senate pro- ceedings.) EC–1321. A communication from the Assist- EY TEAM ant Administrator for Fisheries, National ∑ Mr. JEFFORDS. Mr. President, I f Oceanic and Atmospheric Administration, would like to commend the Middlebury Department of Commerce, transmitting, pur- MESSAGE FROM THE HOUSE suant to law, a report relative to the New College women’s ice hockey team on DURING ADJOURNMENT England fishing capacity reduction initia- its recent victory in the NCAA Divi- Under authority of the order of the tive; to the Committee on Commerce, sion III National Championship against Senate of January 4, 2005, the Sec- Science, and Transportation. EC–1322. A communication from the Assist- Elmira College. This is the second retary of the Senate, on March 21, 2005, straight national championship for the ant Administrator for Fisheries, National during the adjournment of the Senate, Oceanic and Atmospheric Administration, Panthers and their fourth in the past 6 received a message from the House of years. Department of Commerce, transmitting, pur- Representatives announcing that the suant to law, a report entitled ‘‘Apportion- Over 120 years ago, Middlebury Col- House has passed the following bill, ment of Membership on the Regional Fishery lege began admitting female students, without amendment Management Councils’’; to the Committee decades before many similar institu- S. 686. An act to provide for the relief of on Commerce, Science, and Transportation. tions were willing to do so. Since that EC–1323. A communication from the Dep- the parents of Theresa Marie Schiavo. time, Middlebury has offered young uty Assistant Administrator for Regulatory men and women alike a superb liberal The message also announced that the Programs, National Marine Fisheries Serv- arts education amidst the beauty of House has agreed to the following con- ice, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled the Green Mountains. Reflecting current resolution, without amend- ment: ‘‘Final Rule to Implement Final Specifica- Middlebury’s proud and pioneering tra- tion for Groundfish in the Gulf of Alaska S. Con. Res. 23. concurrent resolution pro- dition of academic excellence and co- Management Area’’ received on March 18, viding for a conditional adjournment or re- education, the women’s athletic pro- 2005; to the Committee on Commerce, cess of the Senate, and a conditional ad- gram at Middlebury has developed into Science, and Transportation. journment of the House of Representatives. one of the best Division III athletics. EC–1324. A communication from the Dep- Over the last 10 years, women’s ath- The message further announced that uty Assistant Administrator for Regulatory letic teams at Middlebury have cap- the Speaker has signed the following Programs, National Marine Fisheries Serv- enrolled bill: ice, Department of Commerce, transmitting, tured 13 national titles. pursuant to law, the report of a rule entitled H.R. 1270. An act to amend the Internal The women’s hockey team has been ‘‘Final Rule to Implement Amendment 82 to Revenue Code of 1986 to extend the Leaking one of the most consistently successful the Fishery Management Plan for Ground- Underground Storage Tank Trust Fund fi- athletic teams at Middlebury. In the fish of the Bering Sea and Aleutian Islands nancing rate. 2005 national championship, the Pan- Management Area’’ received on March 18, thers exhibited their characteristic The enrolled bill was signed subse- 2005; to the Committee on Commerce, spirit and determination by over- quently by the Acting President pro Science, and Transportation. tempore. (Mr. WARNER). EC–1325. A communication from the Dep- coming an early 2–1 deficit to win by a uty Assistant Administrator for Regulatory final 4–3. I am pleased our local school- The message also announced that the Speaker has signed the following en- Programs, National Marine Fisheries Serv- children have the opportunity to see ice, Department of Commerce, transmitting, such accomplished and impressive stu- rolled bill: pursuant to law, the report of a rule entitled dent-athletes competing in Vermont. S. 686. An act to provide for the relief of ‘‘Final Rule: Annual Management Measures I congratulate each member of the the parents of Theresa Marie Schiavo. for the 2005 Pacific Halibut Fishery’’ (0648- team: Head Coach Bill Mandigo, Assist- The enrolled bill was signed subse- AT06) received on March 18, 2005; to the Com- ant Coach Jean Butler, Team Trainer quently by the Acting President pro mittee on Commerce, Science , and Trans- portation. Rachel Eldredge, Team Physician tempore (Mr. FRIST). EC–1326. A communication from the Dep- Mark Peluso, Abby Kurtz-Phelan, f uty Assistant Administrator for Regulatory Shannon Tarrant, Emily McNamara, Programs, National Marine Fisheries Serv- Rose Babst, Liz Yale-Loehr, Allison MESSAGE FROM THE HOUSE ice, Department of Commerce, transmitting, Liati, Karen Levin, Gillian Paul, Shan- At 2:02 p.m., a message from the pursuant to law, the report of a rule entitled non Sylvester, Emily Quizon, Jackie House of Representatives, delivered by ‘‘Final Rule to Implement Final Specifica- Cohen, Lindsay Jones, Tory MacNeil, Mr. Hays, one of its reading clerks, an- tion for Groundfish in the Bering Sea and Gloria Velez, Alison Graddock, Mar- nounced that the House has passed the Aleutian Islands Management Area’’ re- ceived on March 18, 2005; to the Committee garet MacDonald, Samantha Ritt, following concurrent resolution, in on Commerce, Science, and Transportation. Lacey Farrell, Ellen Sargent, Lorna which it requests the concurrence of EC–1327. A communication from the Attor- Gifis, Tania Kenny, Kerry Kiley, Abby the Senate: ney Advisor, Wireless Telecommunications

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5532 CONGRESSIONAL RECORD—SENATE April 4, 2005 Bureau, Federal Communications Commis- tional Oceanic and Atmospheric Administra- titled ‘‘Closure of Pacific Cod by Catcher/ sion, transmitting, pursuant to law, the re- tion, Department of Commerce, transmit- Processor Vessels Using Hook-and-Line Gear port of a rule entitled ‘‘Amendment of the ting, pursuant to law, the report of a rule en- in the Bering Sea and Aleutian Islands Man- Commission’s Rules Concerning Airport Ter- titled ‘‘Closure of Pollock in Statistical Area agement Area’’ (I.D. No. 021805A) received on minal Use Frequencies in the 450-470 MHz 630 of the Gulf of Alaska’’ (I.D. No. 021105B) March 18, 2005; to the Committee on Com- Band of the Private Land Mobile Radio Serv- received on March 18, 2005; to the Committee merce, Science, and Transportation. ices’’ ((WT Docket No. 02-318) (FCC 05-16)) re- on Commerce, Science , and Transportation. EC–1344. A communication from the Attor- ceived on March 18, 2005; to the Committee EC¥1336. A communication from the Act- ney Advisor, Maritime Administration, De- on Commerce, Science , and Transportation. ing Director, Office of Sustainable Fisheries, partment of Transportation, transmitting, EC–1328. A communication from the Attor- National Oceanic and Atmospheric Adminis- pursuant to law, the report of a vacancy in ney Advisor, Wireless Telecommunications tration, Department of Commerce, transmit- the position of Administrator, received on Bureau, Federal Communications Commis- ting, pursuant to law, the report of a rule en- March 18, 2005; to the Committee on Com- sion, transmitting, pursuant to law, the re- titled ‘‘Closure of Pacific Cod by Catcher merce, Science, and Transportation. port of a rule entitled ‘‘The 4.9 GHz Band Vessels 60 Feet (18.3 Meters) Length Overall EC–1345. A communication from the Attor- Transferred from Federal Government Use’’ and Using Pot Gear in the Bering Sea and ney Advisor, Office of the Secretary, Depart- ((WT Docket No. 00-32) (FCC 04-265)) received Aleutian Islands Management Area’’ (I.D. ment of Transportation, transmitting, pur- on March 18, 2005; to the Committee on Com- No. 021105A) received on March 18, 2005; to suant to law, the report of a vacancy in the merce, Science, and Transportation. the Committee on Commerce, Science, and position of Assistant Secretary for Transpor- EC–1329. A communication from the Attor- Transportation. tation Policy, received on March 18, 2005; to ney Advisor, Wireless Telecommunications EC–1337. A communication from the Acting the Committee on Commerce, Science, and Bureau, Federal Communications Commis- Director, Office of Sustainable Fisheries, Na- Transportation. sion, transmitting, pursuant to law, the re- tional Oceanic and Atmospheric Administra- EC–1346. A communication from the Attor- port of a rule entitled ‘‘Implementation of tion, Department of Commerce, transmit- ney Advisor, Office of the Secretary, Depart- Sections 309 (j) and 337 of the Communica- ting, pursuant to law, the report of a rule en- ment of Transportation, transmitting, pur- tions Act of 1934 as Amended; Promotion of titled ‘‘Closure of Directed Fishing for Pa- suant to law, the report of a vacancy in the Spectrum Efficient Technologies on Certain cific Cod by Specified Sectors in the Western position of Assistant Secretary for Budget Part 90 Frequencies’’ ((WT Docket No. 99-87) and Central Regulatory Areas of the Gulf of and Programs, received on March 18, 2005; to (FCC 04-292)) received on March 18, 2005; to Alaska (GOA)’’ (I.D. No. 022305D) received on the Committee on Commerce, Science, and the Committee on Commerce, Science, and March 18, 2005; to the Committee on Com- Transportation . Transportation. merce, Science, and Transportation. EC–1347. A communication from the Dep- EC–1330. A communication from the Attor- EC–1338. A communication from the Acting uty Assistant Secretary for Export Adminis- ney Advisor, Wireless Telecommunications Director, Office of Sustainable Fisheries, Na- tration, Office of Strategic Industries and Bureau, Federal Communications Commis- tional Oceanic and Atmospheric Administra- Economic Security, Department of Com- sion, transmitting, pursuant to law, the re- tion, Department of Commerce, transmit- merce, transmitting, pursuant to law, the re- port of a rule entitled ‘‘The Development of ting, pursuant to law, the report of a rule en- port of a rule entitled ‘‘Defense Priorities Operational, Technical and Spectrum Re- titled ‘‘Notice of Fishing Season Dates for and Allocations System (DPAS): Electronic quirements for Meeting Federal, State and the Sablefish Fixed Gear IFQ Program’’ (I.D. Transmission of Reasons for Rejecting Rated Local Public Safety Agency Communication No. 022305B) received on March 18, 2005; to Orders’’ (RIN0694-AD35) received on March Requirements Through the Year 2010’’ ((WT the Committee on Commerce, Science, and 18, 2005; to the Committee on Commerce, Docket No. 96-86) (FCC 05-9)) received on Transportation. Science, and Transportation. March 18, 2005; to the Committee on Com- EC–1339. A communication from the Acting EC–1348. A communication from the Dep- merce, Science, and Transportation. EC–1331. A communication from the Acting Director, Office of Sustainable Fisheries, Na- uty Assistant Secretary for Export Adminis- Director, Office of Sustainable Fisheries, Na- tional Oceanic and Atmospheric Administra- tration, Bureau of Industry and Security, tional Oceanic and Atmospheric Administra- tion, Department of Commerce, transmit- Department of Commerce, transmitting, pur- tion, Department of Commerce, transmit- ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- titled ‘‘Fisheries of the Northeastern United ‘‘Licensing Policy for Entities Sanctioned titled ‘‘Closure of Rock Sole/Flathead Sole/ States; Atlantic Mackerel, Squid, and under Specified Statutes; License Require- ‘Other Flatfish’ Fishery Category by Vessels Butterfish Fisheries; Closure of Fishery for ment for Certain Sanctioned Entities; and Using Trawl Gear in Bering Sea and Aleutian Loligo Squid for Quarter I—2005’’ (I.D. No. Imposition of License Requirement for Tula Islands Management Area’’ (I.D. No. 022805E) 021405B) received on March 18, 2005; to the Instrument Design Bureau’’ (RIN0694-AD24) received on March 18, 2005; to the Committee Committee on Commerce, Science, and received on March 18, 2005; to the Committee on Commerce, Science, and Transportation. Transportation. on Commerce, Science, and Transportation. EC–1332. A communication from the Acting EC–1340. A communication from the Acting EC–1349. A communication from the Dep- Director, Office of Sustainable Fisheries, Na- Director, Office of Sustainable Fisheries, Na- uty Assistant Secretary for Export Adminis- tional Oceanic and Atmospheric Administra- tional Oceanic and Atmospheric Administra- tration, Bureau of Industry and Security, tion, Department of Commerce, transmit- tion, Department of Commerce, transmit- Department of Commerce, transmitting, pur- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled titled ‘‘Reduction of Landing Limit of titled ‘‘Closure of Pollock in Statistical Area ‘‘Revisions to the Export Administration Yellowtail Flounder from the U.S. / Canada 620 in the Gulf of Alaska’’ (I.D. No. 030105F) Regulations Based on the 2004 Missile Tech- Management Area’’ (I.D. No. 020705A) re- received on March 18, 2005; to the Committee nology Control Regime Plenary Agreements; ceived on March 18, 2005; to the Committee on Commerce, Science, and Transportation. Additions to the Entity List; Revisions to on Commerce, Science, and Transportation. EC–1341. A communication from the Acting the Missile Catch-All Controls’’ (RIN0694- EC–1333. A communication from the Acting Director, Office of Sustainable Fisheries, Na- AC24) received on March 18, 2005; to the Com- Director, Office of Sustainable Fisheries, Na- tional Oceanic and Atmospheric Administra- mittee on Commerce, Science, and Transpor- tional Oceanic and Atmospheric Administra- tion, Department of Commerce, transmit- tation. tion, Department of Commerce, transmit- ting, pursuant to law, the report of a rule en- EC–1350. A communication from the Legal ting, pursuant to law, the report of a rule en- titled ‘‘Closure of Central GOA Offshore Pa- Advisor to the Bureau Chief, Media Bureau, titled ‘‘Closure of Central Aleutian Islands cific Cod’’ (I.D. No. 021805F) received on Federal Communications Commission, trans- Atka Mackerel Fishery’’ (I.D. No. 021605A) March 18, 2005; to the Committee on Com- mitting, pursuant to law, the report of a rule received on March 18, 2005; to the Committee merce, Science, and Transportation. entitled ‘‘Amendment of Section 73.202(b), on Commerce, Science, and Transportation. EC–1342. A communication from the Acting Table of Allotments, FM Broadcast Stations. EC–1334. A communication from the Acting Director, Office of Sustainable Fisheries, Na- (Kerman, California; Lockney, Texas; Lone Director, Office of Sustainable Fisheries, Na- tional Oceanic and Atmospheric Administra- Wolf, Oklahoma; Quanah, Texas; Orchard tional Oceanic and Atmospheric Administra- tion, Department of Commerce, transmit- Mesa, Colorado; Rising Star, Texas; tion, Department of Commerce, transmit- ting, pursuant to law, the report of a rule en- Twentynine Palms, California; and Water- ting, pursuant to law, the report of a rule en- titled ‘‘Closure of Western GOA Offshore Pa- ford, California)’’ (MB Docket Nos. 04-301, 04- titled ‘‘Closure of Pacific Cod by Catcher/ cific Cod’’ (I.D. No. 021805G) received on 302, 04-303, 04-304, 04-306, 04-307, 04-308, and 04- Processor Vessels Using Hook-and-Line Gear March 18, 2005; to the Committee on Com- 309) received on March 18, 2005; to the Com- in the Bering Sea and Aleutian Islands Man- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- agement Area’’ (I.D. No. 022305E) received on EC–1343. A communication from the Acting tation. March 18, 2005; to the Committee on Com- Director, Office of Sustainable Fisheries, Na- EC–1351. A communication from the Legal merce, Science , and Transportation. tional Oceanic and Atmospheric Administra- Advisor to the Bureau Chief, Media Bureau, EC–1335. A communication from the Acting tion, Department of Commerce, transmit- Federal Communications Commission, trans- Director, Office of Sustainable Fisheries, Na- ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5533 entitled ‘‘Amendment of Section 73.202(b), T-Mobile et al. Petition for Declaratory Rul- of Foreign Policy Controls on Certain Enti- Table of Allotments, FM Broadcast Stations. ing Regarding Incumbent LEC Wireless Ter- ties Sanctioned by the State Department (Gassville, AR and Nantucket, MA)’’ (MB mination Tariffs’’ (CC Docket No. 01–92, FCC and on Tula Instrument Design Bureau of Docket Nos. 04-237 and 04-238) received on 05–42) received on March 18, 2005; to the Com- Russia’’; to the Committee on Commerce, March 18, 2005; to the Committee on Com- mittee on Commerce, Science, and Transpor- Science, and Transportation. merce, Science, and Transportation. tation. EC–1368. A communication from the Dep- EC–1352. A communication from the Legal EC–1360. A communication from the Legal uty Assistant Secretary for Export Adminis- Advisor to the Bureau Chief, Media Bureau, Advisor/Chief, Wireless Telecommunications tration, Bureau of Industry and Security, Federal Communications Commission, trans- Bureau, Federal Communications Commis- Department of Commerce, transmitting, pur- mitting, pursuant to law, the report of a rule sion, transmitting, pursuant to law, the re- suant to law, the report of a rule entitled entitled ‘‘Amendment of Section 73.202(b), port of a rule entitled ‘‘Amendment of Part ‘‘Editorial Corrections to Part 730 of the Ex- Table of Allotments, FM Broadcast Stations. 22 of the Commission’s Rules to Benefit the port Administration Regulations’’ (RIN0694– (Durant, Oklahoma and Tom Bean, Texas)’’ Consumers of Air-Ground Telecommuni- AD40) received on March 28, 2005; to the Com- (MB Docket No. 04-401) received on March 18, cations Services; Biennial Regulatory Re- mittee on Commerce, Science, and Transpor- 2005; to the Committee on Commerce, view—Amendment of Parts 1, 22, and 90 of tation. Science, and Transportation. the Commissions Rules; Amendment of Parts EC–1369. A communication from the Dep- EC–1353. A communication from the Legal 1 and 22 of the Commissions Rules to Adopt uty Assistant Secretary for Export Adminis- Advisor to the Bureau Chief, Media Bureau, Competitive Bidding Rules for Commercial tration, Bureau of Industry and Security, Federal Communications Commission, trans- and General.’’ (WT Dkt Nos. 03–103 and 05–42; Department of Commerce, transmitting, pur- mitting, pursuant to law, the report of a rule FCC 04–287) received on March 18, 2005; to the suant to law, the report of a rule entitled entitled ‘‘Amendment of Section 73.202(b), Committee on Commerce, Science, and ‘‘Revision of Export and Reexport Restric- Table of Allotments, FM Broadcast Stations. Transportation. tions on Libya: Responses to Comments on (Nantucket, East Harwich, and South Chat- EC–1361. A communication from the Assist- the Interim Rule’’ (RIN0694–AD14) received ham, MA)’’ (MB Docket No. 02-72) received ant Bureau Chief, International Bureau, Fed- on March 28, 2005; to the Committee on Com- on March 18, 2005; to the Committee on Com- eral Communications Commission, transmit- merce, Science, and Transportation. merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- EC–1370. A communication from the Attor- EC–1354. A communication from the Legal titled ‘‘Flexibility for Delivery of Commu- ney Advisor, Pipeline and Hazardous Mate- Advisor to the Bureau Chief, Media Bureau, nications by Mobile Satellite Service Pro- rials Safety Administration, Department of Federal Communications Commission, trans- viders in the 2 GHz Band, the L-Band, and Transportation, transmitting, pursuant to mitting, pursuant to law, the report of a rule the 1.6/2.4 GHz Bands’’ (IB Docket No. 01–185, law, the report of a vacancy in the position entitled ‘‘Amendment of Section 73.202(b), FCC No. 05–30) received on March 18, 2005; to of Administrator, received on March 28, 2005; Table of Allotments, FM Broadcast Stations. the Committee on Commerce, Science, and to the Committee on Commerce, Science, (Adams, Massachusetts; Ashtabula, Ohio; Transportation. and Transportation. Crested Butte, Colorado; Lawrence Park, EC–1362. A communication from the In- EC–1371. A communication from the Senior Pennsylvania)’’ (MB Docket Nos. 04-357, 04- terim Legal Advisor, Wireless Telecommuni- Paralegal (Regulations), Office of Thrift Su- 358, 04-359, 04-360) received on March 18, 2005; cations Bureau, Federal Communications pervision, Department of the Treasury, to the Committee on Commerce, Science, Commission, transmitting, pursuant to law, transmitting, pursuant to law, the report of and Transportation. the report of a rule entitled ‘‘In the Matter a rule entitled ‘‘Special Rules for Adjudica- EC–1355. A communication from the Legal of Direct Broadcast Satellite Licenses’’ (FCC tory Proceedings for Certain Holding Compa- Advisor to the Bureau Chief, Media Bureau, 04–271, AUC 03–52) received on March 18, 2005; nies’’ (RIN1550–AB96) received on March 24, Federal Communications Commission, trans- to the Committee on Commerce, Science, 2005; to the Committee on Banking, Housing, mitting, pursuant to law, the report of a rule and Transportation. and Urban Affairs. entitled ‘‘Amendment of Section 73.202(b), EC–1363. A communication from the Assist- EC–1372. A communication from the Senior Table of Allotments, FM Broadcast Stations. ant Bureau Chief, Enforcement Bureau, Fed- Paralegal (Regulations), Office of Thrift Su- (Walla Walla and Burbank, Washington)’’ eral Communications Commission, transmit- pervision, Department of the Treasury, (MB Docket No. 02-63) received on March 18, ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of 2005; to the Committee on Commerce, titled ‘‘Amendment of Part 11 of the Com- a rule entitled ‘‘Community Reinvestment Science, and Transportation. mission’s Rules Regarding the Emergency Act—Assigned Ratings’’ (RIN1550–AB48) re- EC–1356. A communication from the Legal Alert System’’ (ED Docket No. 04–51, FCC 05– ceived on March 24, 2005; to the Committee Advisor to the Bureau Chief, Media Bureau, 21) received on March 18, 2005; to the Com- on Banking, Housing, and Urban Affairs. Federal Communications Commission, trans- mittee on Commerce, Science, and Transpor- EC–1373. A communication from the Senior mitting, pursuant to law, the report of a rule tation. Paralegal (Regulations), Office of Thrift Su- entitled ‘‘Amendment of Section 73.202(b), EC–1364. A communication from the Assist- pervision, Department of the Treasury, Table of Allotments, FM Broadcast Stations. ant Chief, Wireline Competition Bureau, transmitting, pursuant to law, the report of (Rhinelander, Wisconsin)’’ (MB Docket No. Federal Communications Commission, trans- a rule entitled ‘‘Proper Disposal of Consumer 04-288) received on March 18, 2005; to the mitting, pursuant to law, the report of a rule Information Under the Fair and Accurate Committee on Commerce, Science, and entitled ‘‘Presubscribed Interexchange Car- Credit Transactions Act of 2003’’ (RIN1550– Transportation. rier Charges’’ (FCC 05–32, CC Docket No. 02– AB87) received on March 24, 2005; to the Com- EC–1357. A communication from the Legal 53) received on March 18, 2005; to the Com- mittee on Banking, Housing, and Urban Af- Advisor to the Bureau Chief, Media Bureau, mittee on Commerce, Science, and Transpor- fairs. Federal Communications Commission, trans- tation. EC–1374. A communication from the Gen- mitting, pursuant to law, the report of a rule EC–1365. A communication from the Sec- eral Counsel, Federal Emergency Manage- entitled ‘‘Amendment of Section 73.202(b), retary of the Commission , Bureau of Con- ment Agency, Department of Homeland Se- Table of Allotments, FM Broadcast Stations. sumer Protection, Federal Trade Commis- curity, transmitting, pursuant to law, the re- (Lake Havasu City, Arizona and Pahrump, sion, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Final Flood Ele- Nevada)’’ (MB Docket No. 04–224) received on port of a rule entitled ‘‘Prescreen Opt-Out vation Determinations’’ (70 FR 5942) received March 18, 2005; to the Committee on Com- Disclosure’’ (RIN3084–AA94) received on on March 18, 2005; to the Committee on merce, Science, and Transportation. March 18, 2005; to the Committee on Com- Banking, Housing, and Urban Affairs. EC–1358. A communication from the Legal merce, Science, and Transportation. EC–1375. A communication from the Gen- Advisor to the Bureau Chief, Media Bureau, EC–1366. A communication from the Dep- eral Counsel, Federal Emergency Manage- Federal Communications Commission, trans- uty Chief, Wireline Competition Bureau, ment Agency, Department of Homeland Se- mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- curity, transmitting, pursuant to law, the re- entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Final Flood Ele- Table of Allotments, FM Broadcast Stations. entitled ‘‘In the Matter of Federal-State vation Determinations’’ (70 FR 5938) received (Fort Rucker, Ozark and Slocomb, Ala- Joint Board on Universal Service, National on March 18, 2005; to the Committee on bama)’’ (MB Docket No. 04–146) received on Telephone Cooperative Association Petition Banking, Housing, and Urban Affairs. March 18, 2005; to the Committee on Com- for Reconsideration (CC Docket No. 96–45; EC–1376. A communication from the Gen- merce, Science, and Transportation. FCC 05–1) received on March 18, 2005; to the eral Counsel, Federal Emergency Manage- EC–1359. A communication from the Asso- Committee on Commerce, Science, and ment Agency, Department of Homeland Se- ciate Bureau Chief, Wireless Telecommuni- Transportation. curity, transmitting, pursuant to law, the re- cations Bureau, Federal Communications EC–1367. A communication from the Acting port of a rule entitled ‘‘Final Flood Ele- Commission, transmitting, pursuant to law, Under Secretary for Industry and Security, vation Determinations’’ (70 FR 5937) received the report of a rule entitled ‘‘Developing a Department of Commerce, transmitting, pur- on March 18, 2005; to the Committee on Unified Intercarrier Compensation Regime; suant to law, a report entitled ‘‘Imposition Banking, Housing, and Urban Affairs.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5534 CONGRESSIONAL RECORD—SENATE April 4, 2005 EC–1377. A communication from the Gen- EC–1387. A communication from the Direc- EC–1396. A communication from the Prin- eral Counsel, Federal Emergency Manage- tor, Office of Surface Mining, Department of cipal Deputy Associate Administrator, Office ment Agency, Department of Homeland Se- the Interior, transmitting, pursuant to law , of Policy, Economics, and Innovation, Envi- curity, transmitting, pursuant to law, the re- the report of a rule entitled ‘‘Colorado Regu- ronmental Protection Agency, transmitting, port of a rule entitled ‘‘Changes in Flood latory Program’’ (CO–033–FOR) received on pursuant to law, the report of a rule entitled Elevation Determinations’’ (70 FR 5936) re- March 24, 2005; to the Committee on Energy ‘‘Standard of Performance for New and Ex- ceived on March 18, 2005; to the Committee and Natural Resources. isting Stationary Sources: Electric Utility on Banking, Housing, and Urban Affairs. EC–1388. A communication from the Assist- Steam Generating Units’’ (FRL No. 7888–1) EC–1378. A communication from the Gen- ant Secretary, Land and Mineral Manage- received on March 28, 2005; to the Committee eral Counsel, Federal Emergency Manage- ment, Department of the Interior, transmit- on Environment and Public Works. ment Agency, Department of Homeland Se- ting, pursuant to law, the report of a rule en- EC–1397. A communication from the Prin- curity, transmitting, pursuant to law, the re- titled ‘‘43 CFR Part 1600—Land Use Plan- cipal Deputy Associate Administrator, Office port of a rule entitled ‘‘Changes in Flood ning’’ (RIN1004–AD57) received on March 24, of Policy, Economics, and Innovation, Envi- Elevation Determinations’’ (70 FR 5933) re- 2005; to the Committee on Energy and Nat- ronmental Protection Agency, transmitting, ceived on March 18, 2005; to the Committee ural Resources. pursuant to law, the report of a rule entitled on Banking, Housing, and Urban Affairs. EC–1389. A communication from the Chair- ‘‘National Emission Standards for Hazardous EC–1379. A communication from the Assist- man, Tennessee Valley Authority, transmit- Air Pollutants; Delegation of Authority to ant to the Board, Division of Banking Super- ting, pursuant to law, the Authority’s report Louisiana; Correction’’ (FRL No. 7887–2) re- vision and Regulation, Board of Governors of required by the Government in the Sunshine ceived on March 24, 2005; to the Committee the Federal Reserve System, transmitting, Act for Calendar Year 2004; to the Committee on Environment and Public Works. pursuant to law, the report of a rule entitled on Environment and Public Works. EC–1398. A communication from the Prin- ‘‘Risk-Based Capital Standards: Trust Pre- EC–1390. A communication from the Acting cipal Deputy Associate Administrator, Office ferred Securities and the Definition of Cap- Chairman, Nuclear Regulatory Commission, of Policy, Economics, and Innovation, Envi- ital’’ (Docket No. R–1193) received on March transmitting, pursuant to law, a proposed ronmental Protection Agency, transmitting, 24, 2005; to the Committee on Banking, Hous- bill for authorization of appropriations for pursuant to law, the report of a rule entitled ing, and Urban Affairs. fiscal year 2006; to the Committee on Envi- ‘‘North Carolina: Final Authorization of EC–1380. A communication from the Chief ronment and Public Works. State Hazardous Waste Management Pro- Counsel, Bureau of Public Debt, Department EC–1391. A communication from the Direc- gram Revision’’ (FRL No. 7888–3) received on of the Treasury, transmitting, pursuant to tor, Office of Congressional Affairs, Nuclear March 24, 2005; to the Committee on Environ- law, the report of a rule entitled ‘‘31 CFR 315, Materials Safety and Safeguards, Nuclear ment and Public Works. 316, 351, 353, 359, 360 and 363, Regulations Gov- Regulatory Commission, transmitting, pur- EC–1399. A communication from the Prin- erning Treasury Securities, New Treasury suant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office Direct System’’ received on March 18, 2005; ‘‘Final Rule—10 CFR Part 35, ‘Medical Use of of Policy, Economics, and Innovation, Envi- to the Committee on Banking, Housing, and Byproduct Material’ ‘‘ (RIN3150–AH19) re- ronmental Protection Agency, transmitting, Urban Affairs. ceived on March 28, 2005; to the Committee pursuant to law, the report of a rule entitled EC–1381. A communication from the Coun- on Environment and Public Works. ‘‘Rule to Reduce Interstate Transport of sel for Legislation and Regulations, Office of EC–1392. A communication from the Prin- Fine Particulate Matter and Ozone (Clean Community Planning and Development, De- cipal Deputy Associate Administrator, Office Air Interstate Rule); Revisions to Acid Rain partment of Housing and Urban Develop- of Policy, Economics, and Innovation, Envi- Program; Revisions to the NOx SIP Call’’ ment, transmitting, pursuant to law, the re- ronmental Protection Agency, transmitting, (FRL No. 7885–9) received on March 24, 2005; port of a rule entitled ‘‘Community Develop- pursuant to law, the report of a rule entitled to the Committee on Environment and Pub- ment Block Grant Program; Small Cities and ‘‘Approval and Promulgation of Air Quality lic Works. Insular Areas Programs’’ ((RIN2506–AC17) Implementation Plans; Texas; Revisions to EC–1400. A communication from the Chair- (FR–4919–F–02)) received on March 18, 2005; to Control Volatile Organic Compound Emis- man, Medicare Payment Advisory Commis- the Committee on Banking, Housing, and sions’’ (FRL No. 7890–4) received on March 28, sion, transmitting, pursuant to law, the Urban Affairs. EC–1382. A communication from the Sec- 2005; to the Committee on Environment and Commission’s March 2005 report entitled retary of the Treasury, transmitting, pursu- Public Works. ‘‘Physician-Owned Specialty Hospitals’’; to ant to law, the periodic report on the na- EC–1393. A communication from the Prin- the Committee on Finance. tional emergency declared in Executive cipal Deputy Associate Administrator, Office EC–1401. A communication from the Com- Order 13224 of September 23, 2001 with respect of Policy, Economics, and Innovation, Envi- missioner, Social Security Administration, to persons who commit, threaten to commit, ronmental Protection Agency, transmitting, transmitting, pursuant to law, a report on or support terrorism; to the Committee on pursuant to law, the report of a rule entitled the progress of the demonstration project re- Banking, Housing, and Urban Affairs. ‘‘Approval and Promulgation of Implementa- quired by section 303 of the Social Security EC–1383. A communication from the Sec- tion Plans: Texas; Post 1996 Rate-of-Progress Protection Act of 2004; to the Committee on retary of the Treasury, transmitting, pursu- Plan, Adjustments to the 1990 Base Year Finance. ant to law, the periodic report on tele- Emissions Inventory, and Motor Vehicle EC–1402. A communication from the Sec- communications payments made to Cuba Emissions Budgets for the Dallas/Fort Worth retary of Health and Human Services, trans- pursuant to Treasury Department Specific Ozone Nonattainment Area’’ (FRL No. 7890– mitting, pursuant to law, a report relative to Licenses; to the Committee on Banking, 1) received on March 28, 2005; to the Com- the Medicare Prescription Drug, Improve- Housing, and Urban Affairs. mittee on Environment and Public Works. ment and Modernization Act of 2003; to the EC–1384. A communication from the Sec- EC–1394. A communication from the Prin- Committee on Finance. retary of the Treasury, transmitting, pursu- cipal Deputy Associate Administrator, Office EC–1403. A communication from the Board ant to law, the periodic report on the na- of Policy, Economics, and Innovation, Envi- of Trustees of the Federal Old-Age and Sur- tional emergency with respect to Iran that ronmental Protection Agency, transmitting, vivors Insurance and Disability Insurance was declared in Executive Order 12957 of pursuant to law, the report of a rule entitled Trust Funds, transmitting, pursuant to law, March 15, 1995; to the Committee on Bank- ‘‘South Carolina: Final Authorization of the Board’s 2005 Annual Report; to the Com- ing, Housing, and Urban Affairs. State Hazardous Waste Management Pro- mittee on Finance. EC–1385. A communication from the Direc- gram Revision’’ (FRL No. 7889–8) received on EC–1404. A communication from the Regu- tor, Office of Human Capital Management, March 28, 2005; to the Committee on Environ- lations Officer, Social Security Administra- Department of Energy, transmitting, pursu- ment and Public Works. tion, transmitting, pursuant to law, the re- ant to law, the report of a vacancy in the po- EC–1395. A communication from the Prin- port of a rule entitled ‘‘Nonpayment of Bene- sition of Secretary of Energy, received on cipal Deputy Associate Administrator, Office fits When the Social Security Administra- March 28, 2005; to the Committee on Energy of Policy, Economics, and Innovation, Envi- tion Receives Notice that an Insured Person and Natural Resources. ronmental Protection Agency, transmitting, is Deported or Removed from the United EC–1386. A communication from the Gen- pursuant to law, the report of a rule entitled States’’ (RIN0960–AG16) received on March eral Counsel, Office of the General Counsel, ‘‘Revision of December 2000 Regulatory Find- 28, 2005; to the Committee on Finance. Federal Energy Regulatory Commission, ing on the Emissions of Hazardous Air Pol- EC–1405. A communication from the Regu- transmitting, pursuant to law, the report of lutants from Electric Utility Steam Gener- lations Coordinator, Centers for Disease Con- a rule entitled ‘‘Reporting Requirements for ating Units and the Removal of Coal—and trol, Department of Health and Human Serv- Changes in Status for Public Utilities with Oil-fired Electric Utility Steam Generating ices, transmitting, pursuant to law, the re- Market-Based Rate Authority’’ (Docket No. Units from the Section 112(c) List’’ (FRL No. port of a rule entitled ‘‘Possession, Use, and RM04–14–000) received on March 18, 2005; to 7887–7) received on March 28, 2005; to the Transfer of Select Agents and Toxins’’ the Committee on Energy and Natural Re- Committee on Environment and Public (RIN0920-AA09) received on March 24, 2005; to sources. Works. the Committee on Finance.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5535 EC–1406. A communication from the Regu- report of a rule entitled ‘‘Appeals Settle- EC–1425. A communication from the Chief, lations Coordinator, Centers for Medicare ment Guidelines: Home Based Business’’ Office of Regulations and Policy Manage- and Medicaid Services, Department of (UIL No.: 262.18–01) received on March 28, ment, Board of Veterans’ Appeals, Depart- Health and Human Services, transmitting, 2005; to the Committee on Finance. ment of Veterans Affairs, transmitting, pur- pursuant to law, the report of a rule entitled EC–1416. A communication from the Acting suant to law, the report of a rule entitled ‘‘Medicare Program; Medicare Prescription Chief, Publications and Regulations Branch, ‘‘Board of Veterans’ Appeals: Appeals Regu- Drug Benefit; Interpretation’’ (RIN0938– Internal Revenue Service, Department of the lations, Rules of Practice; Delegations of Au- AN08) received on March 24, 2005; to the Com- Treasury, transmitting, pursuant to law, the thority’’ (RIN2900–AL96) received on March mittee on Finance. report of a rule entitled ‘‘Guidance Under 18, 2005; to the Committee on Veterans’ Af- EC–1407. A communication from the Regu- Section 1502; Application of Section 108 to fairs. lations Coordinator, Centers for Medicare Members of a Consolidated Group’’ (RIN1545– EC–1426. A communication from the Chair- and Medicaid Services, Department of BC38, –BC74, –BC95 TD 9192) received on man, Federal Communications Commission, Health and Human Services, transmitting, March 28, 2005; to the Committee on Finance. transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled EC–1417. A communication from the Direc- a violation of the Antideficiency Act relative ‘‘Medicare Program; Establishment of the tor of Government Affairs, National Endow- to violations of sections 1341 and 1517(a) of Medicare Advantage Program; Interpreta- ment for the Arts, transmitting, pursuant to Title 31, United States Code; to the Com- tion’’ (RIN0938–AN06) received on March 24, law, the report of the Endowment’s 2004 fis- mittee on Appropriations. 2005; to the Committee on Finance. cal year usage of Category Rating Human EC–1427. A communication from the Direc- EC–1408. A communication from the Regu- Resource Flexibility; to the Committee on tor, Office of Federal Housing Enterprise lations Coordinator, Centers for Medicare Health, Education, Labor, and Pensions. Oversight (OFHEO), transmitting, pursuant and Medicaid Services, Department of EC–1418. A communication from the Sec- to law, the OFHEO’s Fiscal Year 2004 Per- Health and Human Services, transmitting, retary of Labor, transmitting, pursuant to formance Report; to the Committee on pursuant to law, the report of a rule entitled law, the second annual report of the Presi- Homeland Security and Governmental Af- ‘‘Medicare and Medicaid Programs; Fire dent’s National Hire Veterans Committee; to fairs. Safety Requirements for Certain Health Care the Committee on Health, Education, Labor, EC–1428. A communication from the Direc- Facilities; Amendment’’ (RIN0938–AN36) re- and Pensions. tor, Liaison Division, General Services Ad- ceived on March 24, 2005; to the Committee EC–1419. A communication from the Execu- ministration, transmitting, pursuant to law, on Finance. tive Director and the Chairman of the Board, the report of the final audit of the Panama EC–1409. A communication from the Acting Pension Benefit Guaranty Corporation, Canal Commission; to the Committee on Chief, Publications and Regulations Branch, transmitting, pursuant to law, the Corpora- Homeland Security and Governmental Af- Internal Revenue Service, Department of the tion’s 2004 annual report; to the Committee fairs. Treasury, transmitting, pursuant to law, the on Health, Education, Labor, and Pensions. EC–1429. A communication from the Assist- report of a rule entitled ‘‘Frivolous Argu- EC–1420. A communication from the Assist- ant Secretary, Bureau of Indian Affairs, De- ments Regarding Waiver of Social Security ant Secretary for Administration and Man- partment of the Interior, transmitting, pur- Benefits Used to Avoid Tax’’ (Rev. Rul. 2005– agement, Employment Standards Adminis- suant to law, the report of a rule entitled 17) received on March 24, 2005; to the Com- tration, Department of Labor, transmitting, ‘‘Law and Order on Indian Reservations’’ mittee on Finance. pursuant to law, the report of a vacancy in (RIN1076–AE52) received on March 28, 2005; to EC–1410. A communication from the Acting the position of Administrator, Wage and the Committee on Indian Affairs. EC–1430. A communication from the Sec- Chief, Publications and Regulations Branch, Hour Division, received on March 24, 2005; to retary of the Judicial Conference of the Internal Revenue Service, Department of the the Committee on Health, Education, Labor, United States, transmitting, a report relat- Treasury, transmitting, pursuant to law, the and Pensions. ing to the Biennial Survey of Article III report of a rule entitled ‘‘Applicable Federal EC–1421. A communication from the Dep- Judgeship Needs; to the Committee on the Rates—April 2005’’ (Rev. Rul. 2005-23) re- uty Executive Director, Pension Benefit Judiciary. ceived on March 24, 2005; to the Committee Guaranty Corporation, transmitting, pursu- EC–1431. A communication from the Sec- on Finance. ant to law, the report of a rule entitled retary, Judicial Conference of the United EC–1411. A communication from the Acting ‘‘Benefits Payable in Terminated Single-Em- States, transmitting, a draft of proposed leg- Chief, Publications and Regulations Branch, ployer Plans; Allocation of Assets in Single- islation entitled ‘‘Federal Judgeship Act of Internal Revenue Service, Department of the Employer Plans; Interest Assumptions for 2005’’; to the Committee on the Judiciary. Treasury, transmitting, pursuant to law, the Valuing and Paying Benefits’’ received EC–1432. A communication from the Assist- report of a rule entitled ‘‘Time and Manner March 18, 2005; to the Committee on Health, ant Attorney General, Office of Legislative of Making Section 163(d)(4)(B) Election to Education, Labor, and Pensions. Affairs, Department of Justice, transmit- Treat Qualified Dividend Income as Invest- EC–1422. A communication from the Direc- ting, pursuant to law, the Annual Report of ment Income’’ ((RIN1545aa–BD30) (TD 9191)) tor, Regulations Policy and Management the Office of the Juvenile Justice and Delin- received on March 24, 2005; to the Committee Staff, Food and Drug Administration, De- quency Prevention for 2003–2004; to the Com- on Finance. partment of Health and Human Services, mittee on the Judiciary. EC–1412. A communication from the Acting transmitting, pursuant to law, the report of EC–1433. A communication from the Assist- Chief, Publications and Regulations Branch, a rule entitled ‘‘Establishment and Mainte- ant Chief, Regulations and Procedures Divi- Internal Revenue Service, Department of the nance of Records Under the Public Health sion, Alcohol and Tobacco Tax and Trade Bu- Treasury, transmitting, pursuant to law, the Security and Bioterrorism Preparedness and reau, Department of the Treasury, transmit- report of a rule entitled ‘‘Fringe Benefits Response Act of 2002; Correction’’ (Docket ting, pursuant to law, the report of a rule en- Aircraft Valuation Formula’’ (Rev. Rul. 2005– No. 2002N–0277) received on March 18, 2005; to titled ‘‘Establishment of the Trinity Lakes 14) received on March 28, 2005; to the Com- the Committee on Health, Education, Labor, Viticultural Area’’ (RIN1513–AA29) received mittee on Finance. and Pensions. on March 18, 2005; to the Committee on the EC–1413. A communication from the Acting EC–1423. A communication from the Direc- Judiciary. Chief, Publications and Regulations Branch, tor, Regulations Policy and Management EC–1434. A communication from the Acting Internal Revenue Service, Department of the Staff, Food and Drug Administration, De- Under Secretary of Defense, transmitting, Treasury, transmitting, pursuant to law, the partment of Health and Human Services, pursuant to law, a report entitled ‘‘Fiscal report of a rule entitled ‘‘Section 704(c), In- transmitting, pursuant to law, the report of Year 2004 Competitive Sourcing Efforts’’; to stallment Obligations and Contributed Con- a rule entitled ‘‘Food Additives Permitted the Committee on Armed Services. tracts’’ ((RIN1545–BB65) (T.D. 9193)) received for Direct Addition to Food for Human Con- EC–1435. A communication from the Prin- on March 28, 2005; to the Committee on Fi- sumption; Acacia (Gum Arabic)’’ (Docket No. cipal Deputy, Personnel and Readiness, Of- nance. 2003F–0023) received on March 18, 2005; to the fice of the Under Secretary of Defense, trans- EC–1414. A communication from the Acting Committee on Health, Education, Labor, and mitting, pursuant to law, the Department’s Chief, Publications and Regulations Branch, Pensions. annual audit of the American Red Cross Internal Revenue Service, Department of the EC–1424. A communication from the Direc- (ARC) consolidated financial statements for Treasury, transmitting, pursuant to law, the tor, Regulations Policy and Management the year ending June 30, 2004; to the Com- report of a rule entitled ‘‘AMT and Refi- Staff, Food and Drug Administration, De- mittee on Armed Services. nanced Mortgage Interest’’ (Rev. Rul. 2005– partment of Health and Human Services, EC–1436. A communication from the Assist- 11) received on March 28, 2005; to the Com- transmitting, pursuant to law, the report of ant Secretary of Defense, transmitting, pur- mittee on Finance. a rule entitled ‘‘Secondary Direct Food Addi- suant to law, the Department’s annual re- EC–1415. A communication from the Acting tives Permitted in Food for Human Con- port on the quality of health care provided Chief, Publications and Regulations Branch, sumption ‘‘ (Docket No. 2003F–0535) received by the health care programs of the Depart- Internal Revenue Service, Department of the on March 18, 2005; to the Committee on ment of Defense (DOD) during fiscal year Treasury, transmitting, pursuant to law, the Health, Education, Labor, and Pensions. 2003; to the Committee on Armed Services.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5536 CONGRESSIONAL RECORD—SENATE April 4, 2005 EC–1437. A communication from the Acting Homeland Security and Governmental Af- Mexico by resolving a dispute associated Director, Office of Personnel Management fairs. with coal preference right lease interests on and the Senior Executive, National Security EC–1449. A communication from the Assist- the land; to the Committee on Indian Af- Personnel System, Department of Defense, ant Secretary, Policy, Management and fairs. transmitting, pursuant to law, a report enti- Budget, Department of the Interior, trans- By Mr. CORNYN: tled ‘‘Comments on Proposed Regulations for mitting, pursuant to law, a report on the De- S. 693. A bill to provide for judicial review the National Security Personnel System partment’s inventory of commercial activi- of national security letters issued to wire From Unions Representing DoD Employees’’; ties; to the Committee on Homeland Secu- and electronic communications service pro- to the Committee on Armed Services. rity and Governmental Affairs. viders; to the Committee on the Judiciary. EC–1438. A communication from the Dep- EC–1450. A communication from the Chair- By Mr. COLEMAN: uty Secretary of Defense, transmitting, pur- man of the Council of the District of Colum- S. 694. A bill to amend the Workforce In- suant to law, a report on the military oper- bia, transmitting, pursuant to law, a report vestment Act of 1998 to provide for a job ations of the Armed Forces and the recon- on D.C. Act 16–48, ‘‘Washington Convention training grant pilot program; to the Com- struction activities of the Department in Center Authority Advisory Committee Con- mittee on Health, Education, Labor, and Iraq and Afghanistan; to the Committee on tinuity Temporary Amendment Act of 2005’’; Pensions. Armed Services. to the Committee on Homeland Security and By Mr. COCHRAN (for himself and Mr. EC–1439. A communication from the Prin- Governmental Affairs. BYRD): cipal Deputy, Office of the Under Secretary EC–1451. A communication from the Chair- S. 695. A bill to suspend temporarily new of Defense for Personnel and Readiness, De- man of the Council of the District of Colum- shipper bonding privileges; to the Committee partment of Defense, transmitting, pursuant bia, transmitting, pursuant to law, a report on Finance. on D.C. Act 16–47, ‘‘Terrorism Prevention in to law, the approval of the wearing of the in- f signia of the grade of lieutenant general; to Hazardous Materials Transportation Tem- the Committee on Armed Services. porary Act of 2005’’; to the Committee on SUBMISSION OF CONCURRENT AND EC–1440. A communication from the Prin- Homeland Security and Governmental Af- SENATE RESOLUTIONS fairs. cipal Deputy, Office of the Under Secretary The following concurrent resolutions of Defense for Personnel and Readiness, De- EC–1452. A communication from the Chair- partment of Defense, transmitting, pursuant man of the Council of the District of Colum- and Senate resolutions were read, and to law, the approval of the wearing of the in- bia, transmitting, pursuant to law, a report referred (or acted upon), as indicated: signia of the grade of vice admiral; to the on D.C. Act 16–46, ‘‘Electronic Recording By Mr. REID (for himself, Mr. FRIST, Committee on Armed Services. Procedures and Penalties Temporary Act of Mr. SHELBY, and Mr. SESSIONS): EC–1441. A communication from the Prin- 2005’’; to the Committee on Homeland Secu- S. Res. 93. A resolution relative to the cipal Deputy, Office of the Under Secretary rity and Governmental Affairs. death of Howell T. Heflin, former United EC–1453. A communication from the Chair- of Defense for Personnel and Readiness, De- States Senator for the State of Alabama; man of the Council of the District of Colum- partment of Defense, transmitting, pursuant considered and agreed to. bia, transmitting, pursuant to law, a report to law, the approval of the wearing of the in- By Mr. BROWNBACK (for himself, Mr. on D.C. Act 16–49, ‘‘Abatement of Nuisance signia of the grade of vice admiral; to the BUNNING, Mr. BURNS, Mr. CHAMBLISS, Construction Projects Temporary Amend- Committee on Armed Services. Mrs. CLINTON, Mr. CORNYN, Mr. ment Act of 2005’’; to the Committee on EC–1442. A communication from the Sec- DEMINT, Mr. DOMENICI, Mr. ENZI, Mr. Homeland Security and Governmental Af- retary of Defense, transmitting, the report of GRASSLEY, Mr. KERRY, Mr. KOHL, Mr. fairs. a retirement; to the Committee on Armed MARTINEZ, Mr. THUNE, Mr. DURBIN, Services. f and Mr. NELSON of Nebraska): EC–1443. A communication from the Direc- INTRODUCTION OF BILLS AND S. Res. 94. A resolution honoring Pope John Paul II; to the Committee on the Judi- tor, Defense Procurement and Acquisition JOINT RESOLUTIONS Policy, Department of Defense, transmit- ciary. ting, pursuant to law, the report of a rule en- The following bills and joint resolu- f titled ‘‘Provision of Information to Coopera- tions were introduced, read the first tive Agreement Holders’’ (DFARS Case 2004– and second times by unanimous con- ADDITIONAL COSPONSORS D025) received on March 18, 2005; to the Com- sent, and referred as indicated: S. 37 mittee on Armed Services. By Mr. COCHRAN (for himself, Mrs. At the request of Mrs. FEINSTEIN, the EC–1444. A communication from the Chair- LINCOLN, and Mr. LUGAR): man, Federal Maritime Commission, trans- names of the Senator from New Jersey S. 688. A bill to amend the Internal Rev- (Mr. CORZINE), the Senator from North mitting, pursuant to law, the Commission’s enue Code of 1986 to clarify the excise tax ex- Dakota (Mr. DORGAN) and the Senator Final Annual Performance Plan for Fiscal emptions for aerial applicators of fertilizers Year 2006; to the Committee on Homeland or other substances; to the Committee on Fi- from Maine (Ms. SNOWE) were added as Security and Governmental Affairs. nance. cosponsors of S. 37, a bill to extend the EC–1445. A communication from the Direc- By Mr. DOMENICI (for himself, Mr. special postage stamp for breast cancer tor, Office of Government Ethics, transmit- BINGAMAN, and Mr. HAGEL): research for 2 years. ting, pursuant to law, a report entitled S. 689. A bill to amend the Safe Drinking S. 109 ‘‘Evaluating the Financial Disclosure Proc- Water Act to establish a program to provide ess for Employees of the Executive Branch, assistance to small communities for use in At the request of Ms. LANDRIEU, her and Recommending Improvements to It’’; to carrying out projects and activities nec- name was withdrawn as a cosponsor of the Committee on Homeland Security and essary to achieve or maintain compliance S. 109, a bill entitled the ‘‘Pharma- Governmental Affairs. with drinking water standards; to the Com- ceutical Market Access Act of 2005’’. EC–1446. A communication from the Gen- mittee on Environment and Public Works. S. 132 eral Counsel, Office of Management and By Mr. DOMENICI: Budget, Executive Office of the President, S. 690. A bill to amend the Transportation At the request of Mrs. LINCOLN, the transmitting, pursuant to law, the report of Equity Act for the 21st Century to provide name of the Senator from Illinois (Mr. a vacancy in the position of Controller, re- from the Highway Trust Fund additional OBAMA) was added as a cosponsor of S. ceived on March 28, 2005; to the Committee funding for Indian reservation roads, and for 132, a bill to amend the Internal Rev- on Homeland Security and Governmental Af- other purposes; to the Committee on Indian enue Code of 1986 to allow a deduction fairs. Affairs. for premiums on mortgage insurance. EC–1447. A communication from the Sec- By Mr. DOMENICI (for himself, Mr. S. 147 retary of Health and Human Services, trans- NELSON of Florida, Mr. SANTORUM, mitting, pursuant to law, the Department’s Mr. ENSIGN, Mr. MARTINEZ, Mr. At the request of Mr. AKAKA, the Fiscal Year 2004 Performance Report for the ALLEN, Mr. LIEBERMAN, Mr. LAUTEN- name of the Senator from North Da- Animal Drug User Fee Act; to the Com- BERG, and Mr. BUNNING): kota (Mr. DORGAN) was added as a co- mittee on Homeland Security and Govern- S. 691. A bill to modify the prohibition on sponsor of S. 147, a bill to express the mental Affairs. recognition by United States courts of cer- policy of the United States regarding EC–1448. A communication from the Sec- tain rights relating to certain marks, trade the United States relationship with retary of Health and Human Services, trans- names, or commercial names; to the Com- Native Hawaiians and to provide a mitting, pursuant to law, a report entitled mittee on the Judiciary. ‘‘Performance Improvement 2003: Evaluation By Mr. DOMENICI: process for the recognition by the Activities of the U.S. Department of Health S. 692. A bill to provide for the conveyance United States of the Native Hawaiian and Human Services’’; to the Committee on of certain public land in northwestern New governing entity.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5537

S. 185 S. 337 FEINGOLD) was added as a cosponsor of At the request of Mr. NELSON of Flor- At the request of Mr. GRAHAM, the S. 369, a bill to establish protections ida, the names of the Senator from name of the Senator from Minnesota against compelled disclosure of Washington (Ms. CANTWELL) and the (Mr. COLEMAN) was added as a cospon- sources, and news information, by per- Senator from Colorado (Mr. SALAZAR) sor of S. 337, a bill to amend title 10, sons providing services for the news were added as cosponsors of S. 185, a United States Code, to revise the age media. bill to amend title 10, United States and service requirements for eligibility S. 382 Code, to repeal the requirement for the to receive retired pay for non-regular At the request of Mrs. MURRAY, her reduction of certain Survivor Benefit service, to expand certain authorities name was added as a cosponsor of S. Plan annuities by the amount of de- to provide health care benefits for Re- 382, a bill to amend title 18, United pendency and indemnity compensation serves and their families, and for other States Code, to strengthen prohibitions and to modify the effective date for purposes. against animal fighting, and for other paid-up coverage under the Survivor S. 338 purposes. Benefit Plan. At the request of Mr. SMITH, the S. 386 S. 217 names of the Senator from Rhode Is- At the request of Mr. HAGEL, the At the request of Mr. BINGAMAN, the land (Mr. REED), the Senator from Con- name of the Senator from Alaska (Ms. name of the Senator from Utah (Mr. necticut (Mr. LIEBERMAN), the Senator MURKOWSKI) was added as a cosponsor HATCH) was added as a cosponsor of S. from Michigan (Ms. STABENOW) and the of S. 386, a bill to direct the Secretary 217, a bill to amend title 49, United Senator from Michigan (Mr. LEVIN) of State to carry out activities that States Code, to preserve the essential were added as cosponsors of S. 338, a promote the adoption of technologies air service program. bill to provide for the establishment of that reduce greenhouse gas intensity in S. 241 a Bipartisan Commission on Medicaid. developing countries, while promoting At the request of Ms. SNOWE, the S. 340 economic development, and for other names of the Senator from North Da- At the request of Mr. LUGAR, the purposes. ORGAN kota (Mr. D ), the Senator from name of the Senator from New Mexico S. 387 Michigan (Mr. LEVIN), the Senator (Mr. DOMENICI) was added as a cospon- At the request of Mr. HAGEL, the from Mississippi (Mr. LOTT), the Sen- sor of S. 340, a bill to maintain the free name of the Senator from Alaska (Ms. ator from Nebraska (Mr. NELSON), the flow of information to the public by MURKOWSKI) was added as a cosponsor Senator from Kansas (Mr. ROBERTS) providing conditions for the federally of S. 387, a bill to amend the Internal and the Senator from Maryland (Mr. compelled disclosure of information by Revenue Code of 1986 to provide tax in- SARBANES) were added as cosponsors of certain persons connected with the centives for the investment in green- S. 241, a bill to amend section 254 of the news media. house gas intensity reduction projects, Communications Act of 1934 to provide S. 352 and for other purposes. that funds received as universal service At the request of Ms. MIKULSKI, the S. 388 contributions and the universal service names of the Senator from North Da- At the request of Mr. HAGEL, the support programs established pursuant kota (Mr. CONRAD), the Senator from name of the Senator from Alaska (Ms. to that section are not subject to cer- Delaware (Mr. CARPER) and the Senator MURKOWSKI) was added as a cosponsor tain provisions of title 31, United from New Jersey (Mr. LAUTENBERG) of S. 388, a bill to amend the Energy States Code, commonly known as the were added as cosponsors of S. 352, a Policy Act of 1992 to direct the Sec- Antideficiency Act. bill to revise certain requirements for retary of Energy to carry out activities S. 304 H–2B employers and require submission that promote the adoption of tech- At the request of Mr. LAUTENBERG, of information regarding H–2B non-im- nologies that reduce greenhouse gas in- the name of the Senator from Wash- migrants, and for other purposes. tensity and to provide credit-based fi- ington (Mrs. MURRAY) was added as a S. 359 nancial assistance and investment pro- cosponsor of S. 304, a bill to amend At the request of Mr. CRAIG, the tection for projects that employ ad- title 18, United States Code, to prohibit name of the Senator from Maryland vanced climate technologies or sys- certain interstate conduct relating to (Ms. MIKULSKI) was added as a cospon- tems, to provide for the establishment exotic animals. sor of S. 359, a bill to provide for the of a national greenhouse gas registry, S. 308 adjustment of status of certain foreign and for other purposes. At the request of Mr. LAUTENBERG, agricultural workers, to amend the Im- S. 408 the name of the Senator from New migration and Nationality Act to re- At the request of Mr. DEWINE, the York (Mr. SCHUMER) was added as a co- form the H–2A worker program under sponsor of S. 308, a bill to require that that Act, to provide a stable, legal ag- name of the Senator from Massachu- Homeland Security grants related to ricultural workforce, to extend basic setts (Mr. KENNEDY) was added as a co- terrorism preparedness and prevention legal protections and better working sponsor of S. 408, a bill to provide for be awarded based strictly on an assess- conditions to more workers, and for programs and activities with respect to ment of risk, threat, and other purposes. the prevention of underage drinking. S. 420 vulnerabilities. S. 362 S. 324 At the request of Mr. INOUYE, the At the request of Mr. HAGEL, his At the request of Mr. AKAKA, the name of the Senator from Hawaii (Mr. name was added as a cosponsor of S. name of the Senator from New York AKAKA) was added as a cosponsor of S. 420, a bill to make the repeal of the es- (Mr. SCHUMER) was added as a cospon- 362, a bill to establish a program within tate tax permanent. sor of S. 324, a bill to provide addi- the National Oceanic and Atmospheric S. 424 tional protections for recipients of the Administration and the United States At the request of Mr. HAGEL, his earned income tax credit. Coast Guard to help identify, deter- name was added as a cosponsor of S. S. 333 mine sources of, assess, reduce, and 424, a bill to amend the Public Health At the request of Mr. SANTORUM, the prevent marine debris and its adverse Service Act to provide for arthritis re- names of the Senator from Louisiana impacts on the marine environment search and public health, and for other (Mr. VITTER) and the Senator from and navigation safety, in coordination purposes. Michigan (Ms. STABENOW) were added with non-Federal entities, and for S. 495 as cosponsors of S. 333, a bill to hold other purposes. At the request of Mr. CORZINE, the the current regime in Iran accountable S. 369 names of the Senator from Vermont for its threatening behavior and to sup- At the request of Mr. DODD, the name (Mr. JEFFORDS) and the Senator from port a transition to democracy in Iran. of the Senator from Wisconsin (Mr. New Mexico (Mr. BINGAMAN) were

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5538 CONGRESSIONAL RECORD—SENATE April 4, 2005

added as cosponsors of S. 495, a bill to serving in the Armed Forces of the DRIEU) and the Senator from Georgia impose sanctions against perpetrators United States. (Mr. CHAMBLISS) were added as cospon- of crimes against humanity in Darfur, S. 635 sors of S. Res. 82, a resolution urging Sudan, and for other purposes. At the request of Mr. SANTORUM, the the European Union to add Hezbollah S. 515 name of the Senator from New Mexico to the Eurpoean Union’s wide-ranging At the request of Mr. BYRD, the (Mr. BINGAMAN) was added as a cospon- list of terrorist organizations. names of the Senator from Wisconsin sor of S. 635, a bill to amend title XVIII S. RES. 85 (Mr. FEINGOLD), the Senator from Or- of the Social Security Act to improve At the request of Mr. THOMAS, the egon (Mr. WYDEN) and the Senator the benefits under the medicare pro- names of the Senator from Idaho (Mr. from Montana (Mr. BAUCUS) were added gram for beneficiaries with kidney dis- CRAIG) and the Senator from Colorado as cosponsors of S. 515, a bill to amend ease, and for other purposes. (Mr. ALLARD) were added as cosponsors title 32, United States Code, to increase S. 642 of S. Res. 85, a resolution designating the maximum Federal share of the At the request of Mr. FRIST, the July 23, 2005, and July 22, 2006, as ‘‘Na- costs of State programs under the Na- names of the Senator from North Caro- tional Day of the American Cowboy’’. tional Guard Youth Challenge Pro- lina (Mrs. DOLE), the Senator from Wy- f gram, and for other purposes. oming (Mr. THOMAS), the Senator from S. 520 North Carolina (Mr. BURR), the Senator STATEMENTS ON INTRODUCED At the request of Mr. SHELBY, the from Louisiana (Ms. LANDRIEU) and the BILLS AND JOINT RESOLUTIONS name of the Senator from Montana Senator from Mississippi (Mr. COCH- By Mr. DOMENICI (for himself, (Mr. BURNS) was added as a cosponsor RAN) were added as cosponsors of S. 642, Mr. BINGAMAN, and Mr. HAGEL): of S. 520, a bill to limit the jurisdiction a bill to support certain national youth S. 689. A bill to amend the Safe of Federal courts in certain cases and organizations, including the Boy Drinking Water Act to establish a pro- promote federalism. Scouts of America, and for other pur- gram to provide assistance to small poses. S. 521 communities for use in carrying out At the request of Mrs. HUTCHISON, the S. 662 projects and activities necessary to names of the Senator from New Jersey At the request of Ms. COLLINS, the achieve or maintain compliance with (Mr. CORZINE) and the Senator from name of the Senator from Maine (Ms. drinking water standards; to the Com- Delaware (Mr. BIDEN) were added as co- SNOWE) was added as a cosponsor of S. mittee on Environment and Public sponsors of S. 521, a bill to amend the 662, a bill to reform the postal laws of Works. Public Health Service Act to direct the the United States. Mr. DOMENICI. Mr. President, com- Secretary of Health and Human Serv- S. 677 munities within the State of New Mex- ices to establish, promote, and support At the request of Mr. SANTORUM, the ico and throughout the country will a comprehensive prevention, research, names of the Senator from Texas (Mr. soon be faced with a costly situation and medical management referral pro- CORNYN), the Senator from Minnesota that was not of their making. Begin- gram for hepatitis C virus infection. (Mr. COLEMAN) and the Senator from ning in 2006, Federal drinking water S. 542 Mississippi (Mr. COCHRAN) were added regulations established by the EPA At the request of Mr. DORGAN, the as cosponsors of S. 677, a bill to amend will require substantial reductions in name of the Senator from Oregon (Mr. title VII of the Civil Rights Act of 1964 the amount of arsenic present in that WYDEN) was added as a cosponsor of S. to establish provisions with respect to water. Today the limit is 50 parts per 542, a bill to amend the Internal Rev- religious accommodation in employ- billion in 2006 it will be 10 parts per bil- enue code of 1986 to extend for 5 years ment, and for other purposes. lion. Arsenic is indeed a poison when the credit for electricity produced from S. CON. RES. 8 ingested at high amounts. It is also certain renewable resources, and for At the request of Mr. SARBANES, the naturally occurring in much of the other purposes. name of the Senator from Oregon (Mr. groundwater throughout the nation. S. 576 WYDEN) was added as a cosponsor of S. Indeed, in Albuquerque, NM, the nat- At the request of Mr. BYRD, the Con. Res. 8, a concurrent resolution ex- ural levels of arsenic are around 13 names of the Senator from California pressing the sense of Congress that parts per billion. This illustrates the (Mrs. BOXER) and the Senator from there should continue to be parity be- problem that the new standards will New Jersey (Mr. LAUTENBERG) were tween the adjustments in the pay of create. added as cosponsors of S. 576, a bill to members of the uniformed services and The bill that I introduce today recog- restore the prohibition on the commer- the adjustments in the pay of civilian nizes that in some parts of America, cial sale and slaughter of wild free- employees of the United States. the burden will be too great for some roaming horses and burros. S. RES. 31 communities to bear. S. 601 At the request of Mr. COLEMAN, the The bill does the following: (1) finds At the request of Mr. CONRAD, the names of the Senator from Missouri that small communities may not have names of the Senator from Florida (Mr. (Mr. BOND) and the Senator from Mis- the resources to meet the new arsenic NELSON), the Senator from Colorado souri (Mr. TALENT) were added as co- standards and that Federal programs (Mr. SALAZAR) and the Senator from sponsors of S. Res. 31, a resolution ex- are not in place to address the issue; (2) Louisiana (Ms. LANDRIEU) were added pressing the sense of the Senate that creates a grant program for many as cosponsors of S. 601, a bill to amend the week of August 7, 2005, be des- small communities to help upgrade the Internal Revenue Code of 1986 to in- ignated as ‘‘National Health Center their water systems; (3) ensures that clude combat pay in determining an al- Week’’ in order to raise awareness of not less than 20 percent of the grant lowable contribution to an individual health services provided by commu- monies go to communities with less retirement plan. nity, migrant, public housing, and than 50,000 residents; and (4) authorizes S. 633 homeless health centers, and for other appropriations of $1.9 billion for FY2006 At the request of Mr. JOHNSON, the purposes. and for each year through FY2011. names of the Senator from Oregon (Mr. S. RES. 82 Let me tell you more about this WYDEN), the Senator from Arkansas At the request of Mr. ALLEN, the problem. In New Mexico, the geology, (Mrs. LINCOLN) and the Senator from names of the Senator from Pennsyl- the make up of the rocks and dirt, re- Rhode Island (Mr. CHAFEE) were added vania (Mr. SANTORUM), the Senator sults in relatively high levels of ar- as cosponsors of S. 633, a bill to require from Nevada (Mr. ENSIGN), the Senator senic in the groundwater. However, the Secretary of the Treasury to mint from Louisiana (Mr. VITTER), the Sen- over time, New Mexico residents have coins in commemoration of veterans ator from Michigan (Ms. STABENOW), not experienced higher levels of dis- who became disabled for life while the Senator from Louisiana (Ms. LAN- eases associated with arsenic.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5539 Be that as it may, the standard is in (5) small communities face high per capita ‘‘(4) SECRETARY.—The term ‘Secretary’ our future and many small commu- costs in improving drinking water quality; means the Secretary of Health and Human nities throughout New Mexico and the (6) small communities would greatly ben- Services, acting through the Director of the west will not be able to meet the re- efit from a grant program designed to pro- Indian Health Service. ‘‘(5) SMALL PUBLIC WATER SYSTEM.—The sulting financial burden. I am sure that vide funding for water quality projects; (7) as of the date of enactment of this Act, term ‘small public water system’ means a if we have to fix our water plants to there is no Federal program in effect that public water system (including a community meet the EPA’s new standards, some in adequately meets the needs of small, pri- water system and a noncommunity water villages of 100 people where they have a marily rural communities with respect to system) that serves— small water system and no other water public water systems; and ‘‘(A) a community with a population of not source, it will create a significant fi- (8) since new, more protective arsenic more than 200,000 individuals; or nancial burden. Because of this, I be- drinking water standards proposed by the ‘‘(B) a public water system located in— lieve it is important to aid commu- Clinton and Bush administrations, respec- ‘‘(i) Bernalillo or Sandoval County, New nities in meeting the coming stand- tively, are expected to be implemented in Mexico; 2006, the grant program established by the ‘‘(ii) Scottsdale, Arizona; ards. ‘‘(iii) Mesquite or Washoe County, Nevada; The financial burden facing many amendment made by this Act should be im- plemented in a manner that ensures that the or communities and individuals is great. implementation of those new standards is ‘‘(iv) El Paso County, Texas. The new standards could cost New not delayed. ‘‘SEC. 1472. SMALL PUBLIC WATER SYSTEM AS- Mexico communities between $370 mil- SISTANCE PROGRAM. SEC. 3. ASSISTANCE FOR SMALL PUBLIC WATER STABLISHMENT lion and $440 million to improve treat- SYSTEMS. ‘‘(a) E .— ‘‘(1) IN GENERAL.—Not later than 1 year ment systems, plus $18 million a year (a) DEFINITION OF INDIAN TRIBE.—Section after the date of enactment of this part, the in operating costs. Albuquerque, NM, is 1401(14) of the Safe Drinking Water Act (42 looking at having to spend up to $150 Administrator shall establish a program to U.S.C. 300f(14)) is amended in the second sen- provide grants to eligible entities for use in million to come into compliance; Rio tence by striking ‘‘1452,’’ and inserting ‘‘1452 carrying out projects and activities to com- Rancho is facing $60 million in im- and part G,’’. ply with drinking water standards. provements. Many small communities (b) ESTABLISHMENT OF PROGRAM.—The Safe ‘‘(2) PRIORITY.—Subject to paragraph (3), in New Mexico and throughout the Drinking Water Act (42 U.S.C. 300f et seq.) is the Administrator shall award grants under west are facing increases in their water amended by adding at the end the following: the Program to eligible entities based on— bills of $50 to $90 a month per indi- ‘‘PART G—ASSISTANCE FOR SMALL ‘‘(A) first, the financial need of the com- vidual. I need not say that most people PUBLIC WATER SYSTEMS munity for the grant assistance, as deter- cannot afford such an increase. ‘‘SEC. 1471. DEFINITIONS. mined by the Administrator; and ‘‘(B) second, with respect to the commu- Most of the technologies needed for ‘‘In this part: nity in which the eligible entity is located, ‘‘(1) ELIGIBLE ACTIVITY.— water systems to remain in compliance the per capita cost of complying with drink- ‘‘(A) IN GENERAL.—The term ‘eligible activ- with the new requirements are ad- ing water standards, as determined by the ity’ means a project or activity concerning a vanced and will require a significant Administrator. small public water system that is carried out increase in the level of training and ex- ‘‘(3) SMALL COMMUNITIES.—In making by an eligible entity to comply with drink- pertise of the public water system op- grants under this section, the Administrator ing water standards. erators in New Mexico and throughout shall ensure that not less 20 percent of grant NCLUSIONS.—The term ‘eligible activ- ‘‘(B) I funds provided for each fiscal year are used the Nation. This legislation will help ity’ includes— these communities in upgrading their to carry out eligible activities in commu- ‘‘(i) obtaining technical assistance; and nities with a population of less than 50,000 systems and training their people. ‘‘(ii) training and certifying operators of We are forcing communities to com- individuals. small public water systems. ‘‘(b) APPLICATION PROCESS.— ply with drinking water standards that ‘‘(C) EXCLUSION.—The term ‘eligible activ- ‘‘(1) IN GENERAL.—An eligible entity that many believe will not increase public ity’ does not include any project or activity seeks to receive a grant under the Program health. The least we can do is help to increase the population served by a small shall submit to the Administrator, on such them meet the burden. public water system, except to the extent form as the Administrator shall prescribe I ask unanimous consent that my that the Administrator determines such a (not to exceed 3 pages in length), an applica- statement and the text of the bill be project or activity to be necessary to— tion to receive the grant. ‘‘(i) achieve compliance with a national printed in the RECORD. ‘‘(2) COMPONENTS.—The application shall primary drinking water regulation; and There being no objection, the bill was include— ‘‘(ii) provide a water supply to a population ‘‘(A) a description of the eligible activities ordered to be printed in the RECORD, as that, as of the date of enactment of this for which the grant is needed; follows: part, is not served by a safe public water sys- ‘‘(B) a description of the efforts made by S. 689 tem. the eligible entity, as of the date of submis- Be it enacted by the Senate and House of Rep- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible sion of the application, to comply with resentatives of the United States of America in entity’ means a small public water system drinking water standards; and Congress assembled, that— ‘‘(C) any other information required to be SECTION 1. SHORT TITLE. ‘‘(A) is located in a State or an area gov- included by the Administrator. This Act may be cited as the ‘‘Community erned by an Indian Tribe; and ‘‘(3) REVIEW AND APPROVAL OF APPLICA- Drinking Water Assistance Act’’. ‘‘(B)(i) if located in a State, serves a com- TIONS.— SEC. 2. FINDINGS. munity that, under affordability criteria es- ‘‘(A) IN GENERAL.—On receipt of an applica- Congress finds that— tablished by the State under section tion under paragraph (1), the Administrator (1) drinking water standards proposed and 1452(d)(3), is determined by the State to be— shall forward the application to the Council. in effect as of the date of enactment of this ‘‘(I) a disadvantaged community; or ‘‘(B) APPROVAL OR DISAPPROVAL.—Not later Act will place a large financial burden on ‘‘(II) a community that may become a dis- than 90 days after receiving the rec- many public water systems, especially those advantaged community as a result of car- ommendations of the Council under sub- public water systems in rural communities rying out an eligible activity; or section (e) concerning an application, after serving small populations; ‘‘(ii) if located in an area governed by an taking into consideration the recommenda- (2) the limited scientific, technical, and Indian Tribe, serves a community that is de- tions, the Administrator shall— professional resources available in small termined by the Administrator, under afford- ‘‘(i) approve the application and award a communities complicate the implementation ability criteria published by the Adminis- grant to the applicant; or of regulatory requirements; trator under section 1452(d)(3) and in con- ‘‘(ii) disapprove the application. (3) small communities often cannot afford sultation with the Secretary, to be— ‘‘(C) RESUBMISSION.—If the Administrator to meet water quality standards because of ‘‘(I) a disadvantaged community; or disapproves an application under subpara- the expenses associated with upgrading pub- ‘‘(II) a community that the Administrator graph (B)(ii), the Administrator shall— lic water systems and training personnel to expects to become a disadvantaged commu- ‘‘(i) inform the applicant in writing of the operate and maintain the public water sys- nity as a result of carrying out an eligible disapproval (including the reasons for the tems; activity. disapproval); and (4) small communities do not have a tax ‘‘(3) PROGRAM.—The term ‘Program’ means ‘‘(ii) provide to the applicant a deadline by base for dealing with the costs of upgrading the small public water assistance program which the applicant may revise and resubmit their public water systems; established under section 1472(a). the application.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5540 CONGRESSIONAL RECORD—SENATE April 4, 2005 ‘‘(c) COST SHARING.— mittee, several members of the Navajo tion will require the two agencies to ‘‘(1) IN GENERAL.—Except as provided in Nation Tribal Council Committee on work together for the benefit of the paragraph (2), the Federal share of the cost Transportation approached me with an tribes who participate in this program. of carrying out an eligible activity using interesting proposition. These Navajo My suggestion is to fund this program funds from a grant provided under the Pro- gram shall not exceed 90 percent. Councilmen believed the time had at $20 million. ‘‘(2) WAIVER.—The Administrator may come for Indian tribes to participate In closing, I thank the Navajo Nation waive the requirement to pay the non-Fed- directly in our National Highway Trust Transportation Committee and the eral share of the cost of carrying out an eli- Fund programs. tribal transportation department for gible activity using funds from a grant pro- I agreed with these gentlemen, the keeping me informed of their progress vided under the Program if the Adminis- Senate agreed with me, and the Con- and continuing needs. I believe my bill trator determines that an eligible entity is gress and President Reagan approved will be a positive answer to their re- unable to pay, or would experience signifi- Indian tribal participation in the U.S. quests. In addition, the Pueblo Indians cant financial hardship if required to pay, the non-Federal share. Department of Transportation highway and Apache Indians of New Mexico ‘‘(d) ENFORCEMENT AND IMPLEMENTATION OF construction program for the first time have continuing development needs, in- STANDARDS.— in our Nation’s history. cluding new and improved roads to ‘‘(1) IN GENERAL.—Subject to paragraph (2), By the mid-1980s, Indian Reservation reach their many attractions for tour- the Administrator shall not enforce any Roads, IRR, funding was at about $100 ists and other visitors. standard for drinking water under this Act million per year nationwide. By the I ask my colleagues to join me in in- (including a regulation promulgated under late 1980s, however, IRR funding fell to creasing the Indian Reservation Roads this Act) against an eligible entity during about $80 million per year. In the Inter- program funds in our Federal highways the period beginning on the date on which modal Surface Transportation Effi- programs to the degree I have re- the eligible entity submits an application for a grant under the Program and ending, as ap- ciency Act, ISTEA, for the 1990s, we quested in this bill. I thank my col- plicable, on— were able to raise this critical highway leagues and urge their support for ‘‘(A) the deadline specified in subsection construction funding to about $190 mil- these increases as we reauthorize TEA– (b)(3)(C)(ii), if the application is disapproved lion per year. 21 for 6 more years. and not resubmitted; or Then, in TEA–21, The Transportation I ask unanimous consent that the ‘‘(B) the date that is 3 years after the date Equity Act for the 21st Century, we text of the bill be printed in the on which the eligible entity receives a grant succeeded in bringing annual IRR fund- RECORD. under this part, if the application is ap- ing up to $275 million for fiscal years There being no objection, the bill was proved. 1999 through 2003. ordered to be printed in the RECORD, as ‘‘(2) ARSENIC STANDARDS.—No standard for arsenic in drinking water promulgated under As we seek to promote economic op- follows: this Act (including a standard in any regula- portunities on our Nation’s tribal res- S. 690 tion promulgated before the date of enact- ervations, I believe it is imperative Be it enacted by the Senate and House of Rep- ment of this part) shall be implemented or that we once again increase this vital resentatives of the United States of America in enforced by the Administrator in any State infrastructure funding. I am aware Congress assembled, until the earlier of January 1, 2006 or such that many groups have advocated for SECTION 1. SHORT TITLE. date as the Administrator certifies to Con- much greater increases in funding for This Act may be cited as the ‘‘American gress that— Indian Reservation Roads. While I am Indian Reservation Transportation Improve- ‘‘(A) the Program has been implemented in ment Program Act’’. sympathetic to the need for such large the State; and SEC. 2. INDIAN RESERVATION ROADS. ‘‘(B) the State has made substantial increases, I am keenly aware of com- (a) AUTHORIZATION OF APPROPRIATIONS.— progress, as determined by the Adminis- peting needs around the country for Section 1101(a)(8)(A) of the Transportation trator in consultation with the Governor of medical research, economic stimulus, Equity Act for the 21st Century (112 Stat. the State, in complying with drinking water and for our national defense, to name 112) is amended by striking ‘‘of such title’’ standards under this Act. just a few. Therefore, I am compelled and all that follows and inserting ‘‘of that ‘‘(e) ROLE OF COUNCIL.—The Council shall— to recommend increases for the IRR title— ‘‘(1) review applications for grants from el- program that are more likely to win ‘‘(i) $225,000,000 for fiscal year 1998; igible entities received by the Administrator acceptance among my colleagues. ‘‘(ii) $275,000,000 for each of fiscal years 1999 under subsection (b); through 2003; ‘‘(2) for each application, recommend to For highway construction, I am rec- ‘‘(iii) $330,000,000 for fiscal year 2004; the Administrator whether the application ommending an immediate increase of ‘‘(iv) $360,000,000 for fiscal year 2005; should be approved or disapproved; and $55 million in the first year to a new ‘‘(v) $390,000,000 for fiscal year 2006; ‘‘(3) take into consideration priority lists total of $330 million. My bill would ‘‘(vi) $420,000,000 for fiscal year 2007; developed by States for the use of drinking then increase the amount for construc- ‘‘(vii) $450,000,000 for fiscal year 2008; and water treatment revolving loan funds under tion by $30 million each year so that ‘‘(viii) $480,000,000 for fiscal year 2009.’’. section 1452. the program receives $480 million in (b) ADDITIONAL AUTHORIZATION OF CON- ‘‘SEC. 1473. AUTHORIZATION OF APPROPRIA- the final year of the authorization. For TRACT AUTHORITY FOR STATES WITH INDIAN TIONS. RESERVATIONS.—Section 1214(d)(5)(A) of the ‘‘There is authorized to be appropriated to the Indian bridge program, I am recom- Transportation Equity Act for the 21st Cen- carry out this part $1,900,000,000 for each of mending $15 million per year, an in- tury (23 U.S.C. 202 note; 112 Stat. 206) is fiscal years 2006 through 2011.’’. crease of $6 million annually. And for amended by inserting before the period at state roads that serve as key bus the end the following: ‘‘, $3,000,000 for each of By Mr. DOMENICI: routes for Indian children, primarily on fiscal years 2004 and 2005, $4,000,000 for each S. 690. A bill to amend the Transpor- our Nation’s largest Indian reserva- of fiscal years 2006 and 2007, and $5,000,000 for tation Equity Act for the 21st Century tion—the Navajo Nation—I am recom- each of fiscal years 2008 and 2009’’. to provide for the Highway Trust Fund (c) INDIAN RESERVATION ROAD BRIDGES.— mending increasing this vital funding Section 202(d)(4)(B) of title 23, United States additional funding for Indian reserva- from $1.5 million per year to $3 million Code, is amended— tion roads, and for other purposes; to to retroactively fund fiscal years 2004 (1) by striking ‘‘(B) RESERVATION.—Of the the Committee on Indian Affairs. and 2005, to $4 million in fiscal years amounts’’ and all that follows through ‘‘to Mr. DOMENICI. Mr. President, I rise 2006 and 2007, and $5 million for fiscal replace,’’ and inserting the following: today to introduce the ‘‘American In- years 2008 and 2009. ‘‘(B) FUNDING.— dian Reservation Transportation Im- My final recommendation is to cre- ‘‘(i) RESERVATION OF FUNDS.—Notwith- provement Program Act.’’ This act will ate a rural transit program for Indian standing any other provision of law, there is provide the people of Indian Country reservations. Because the Federal authorized to be appropriated from the High- way Trust Fund $15,000,000 for each of fiscal with the resources they need to up- Highway Administration and the Fed- years 2004 through 2009 to carry out plan- grade their decaying road system. eral Transit Administration each have ning, design, engineering, preconstruction, In 1982, when I served on the Senate their areas of expertise that can make construction, and inspection of projects to Environment and Public Works Com- such a program a success, my legisla- replace,’’; and

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5541 (2) by adding at the end the following: My colleagues and I believe in the people, regardless of nationality; and it ‘‘(ii) AVAILABILITY.—Funds made available fundamental principle that property clarifies that trademarks and trade to carry out this subparagraph— rights must be respected and that it is names confiscated by the Cuban Gov- ‘‘(I) shall be available for obligation in the ernment will not be recognized in the same manner as if the funds were appor- wrong for governments to take prop- tioned under chapter 1; and erty from individuals and companies, United States when the assertion is ‘‘(II) shall not be used to pay any adminis- whether nationals or foreigners, with- being made by someone who knew or trative costs.’’. out payment of prompt, adequate and had reason to know that the mark was SEC. 3. INDIAN RESERVATION RURAL TRANSIT effective compensation. We uphold the confiscated. PROGRAM. firmly established principle of our law This bill does not in any way decide Section 5311 of title 49, United States Code, and public policy that foreign confis- which party owns a Cuban trademark is amended by adding at the end the fol- catory measures must never be given in the U.S. nor does Section 211 prevent lowing: the Cuban Government or its various ‘‘(k) INDIAN RESERVATION RURAL TRANSIT effect on property situated in the PROGRAM.— United States. entities from having access to our ‘‘(1) DEFINITIONS.—In this subsection: When the Castro regime took power courts or from registering legitimate ‘‘(A) INDIAN TRIBE.—The term ‘Indian tribe’ in Cuba, it engaged in a program of trademarks in the U.S. As long as the has the meaning given the term in section 4 wholesale confiscation of property in trademark was not confiscated, the of the Indian Self-Determination and Edu- Cuba, including property owned by Cuban Government can legally register cation Assistance Act (25 U.S.C. 450b). Cuban nationals as well as by U.S. and any trademark it desires. Moreover, ‘‘(B) RESERVATION.—The term ‘reservation’ even if the Cuban Government stole a means— other non-Cuban nationals. The Cuban ‘‘(i) an Indian reservation in existence as of Government also purported to extend trademark in the 1960s, it can still reg- the date of enactment of this subsection; the effects of the confiscation to prop- ister the trademark in the U.S as long ‘‘(ii) a public domain Indian allotment; and erty, such as trademarks, that the con- as the original owner has consented. ‘‘(iii) an Indian reservation in the State of fiscation victims owned in other coun- Once revised, Section 211 is con- Oklahoma that existed at any time before, tries, and took other actions in an at- sistent with all of our international but is no longer in existence as of, the date treaty obligations including the Inter- of enactment of this subsection. tempt to seize control of such assets. To protect U.S. trademarks and their American Convention on Trademarks. ‘‘(C) SECRETARY.—The term ‘Secretary’ Article 3 of the Inter-American Con- means the Secretary of Transportation, act- legitimate owners from the effects of ing through the Administrator of the Fed- the confiscations decreed by the Cuban vention expressly allows non-recogni- eral Highway Administration. government, Congress enacted Section tion of a trademark when such recogni- ‘‘(2) PROGRAM.—The Secretary shall estab- 211 of H.R. 4328, PL 105–277, in 1998. This tion would be contrary to the public lish and carry out a program to provide com- law, referred to as Section 211, pro- order or public policy of the state in petitive grants to Indian tribes to establish hibits enforcement of U.S. rights to which recognition is sought. There is rural transit programs on reservations or trademarks confiscated by the Cuban no doubt whatsoever that allowing other land under the jurisdiction of the In- title to U.S. property to be determined dian tribes. Government, except with the consent of the legitimate owner. Section 211 by a foreign confiscation violates U.S. ‘‘(3) COOPERATION.—The Secretary shall— public policy. Section 211 simply ‘‘(A) establish and maintain intra-agency simply made it clear that the universal cooperation between the Federal Highway U.S. policy against giving effect to for- makes it clear that the universal U.S. Administration and the Federal Transit Ad- eign confiscations of U.S. property ap- policy against giving effect to foreign ministration in— plies with equal force in the case of confiscations of U.S. property applies ‘‘(i) administering tribal transit programs U.S. trademarks confiscated by Cuba. with equal force in the case of U.S. funded by the Federal Highway Administra- Section 211 was challenged in the trademarks confiscated by Cuba. Noth- tion; and World Trade Organization, WTO, by the ing in any treaty or in international ‘‘(ii) exploring options for the transfer of law is inconsistent with that rule of funds from the Federal Highway Administra- European Union, EU. In January 2002, the WTO appellate body finally re- U.S. law. tion to the Federal Transit Administration I believe this piece of legislation is a for the direct funding of tribal transit pro- solved that challenge by finding in simple technical corrections bill which grams; and favor of the United States on all points will ensure that a fairly simple, but ‘‘(B) establish and maintain working rela- except one. The appellate body made a tionships with representatives of regional important, U.S. law is WTO-compliant. narrow finding that, because Section I ask unanimous consent that the tribal technical assistance programs to en- 211 on its face does not apply to U.S. sure proper administration of ongoing and text of the bill be printed in the nationals, it is inconsistent with the future tribal transit programs carried out RECORD. using Federal funds. national-treatment and most-favored- There being no objection, the bill was ‘‘(4) FUNDING.—Notwithstanding any other nation principles under the TRIPs ordered to be printed in the RECORD, as provision of law, for each fiscal year, of the Agreement. The appellate body fully follows: amount made available to carry out this sec- supported the principle embodied in S. 691 tion under section 5338 for the fiscal year, Section 211, that is, the non-recogni- Be it enacted by the Senate and House of Rep- the Secretary shall use $20,000,000 to carry tion of uncompensated confiscations out this subsection.’’. resentatives of the United States of America in and the protection of intellectual prop- Congress assembled, By Mr. DOMENICI (for himself, erty ownership rights. The revision re- SECTION 1. MODIFICATION OF PROHIBITION. Section 211 of the Department of Com- Mr. NELSON of Florida, Mr. quired to broaden the application of merce and Related Agencies Appropriations SANTORUM, Mr. ENSIGN, Mr. Section 211 to include U.S. nationals amounts to no more than a minor, Act, 1999 (as contained in section 101(b) of di- MARTINEZ, Mr. ALLEN, Mr. LIE- vision A of Public Law 105–277; 112 Stat. 2681– BERMAN, Mr. LAUTENBERG, and technical fix. The legislation that I introduce 88) is amended— Mr. BUNNING): (1) in subsection (a)(2)— S. 691. A bill to modify the prohibi- today makes it clear that this well- (A) by striking ‘‘by a designated national’’; tion on recognition by United States founded law applies to all parties and courts of certain rights relating to cer- claiming rights in confiscated Cuban (B) by inserting before the period ‘‘that tain marks, trade names, or commer- trademarks, regardless of nationality. was used in connection with a business or as- cial names; to the Committee on the Such a technical correction will satisfy sets that were confiscated unless the original Judiciary. the WTO ruling and prevent the EU owner of the mark, trade name, or commer- Mr. DOMENICI. Mr. President, I rise from applying trade sanctions against cial name, or the bonafide successor-in-inter- the United States at the end of this est has expressly consented’’; today to introduce legislation that will (2) in subsection (b), by striking ‘‘by a des- protect U.S. trademarks and their le- year. Moreover, this legislation does ignated national or its successor-in-inter- gitimate owners from the effects of the three things: it maintains protection est’’; confiscations decreed by the Cuban for original owners of confiscated (3) by redesignating subsection (d) as sub- Government. Cuban trademarks; it applies to all section (e);

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5542 CONGRESSIONAL RECORD—SENATE April 4, 2005 (4) by inserting after subsection (c) the fol- Nation and Arch Coal and allow the 3755, NMNM 3835, NMNM 3837, NMNM 3918, lowing: Navajo Nation to complete the land se- NMNM 3919, NMNM 6802, NMNM 7235, and ‘‘(d) Subsections (a)(2) and (b) of this sec- lections in New Mexico that were made NMNM 8745 are withdrawn by the holder or tion shall apply only if the person or entity holders of the applications, the Secretary of asserting the rights knew or had reason to in the 1980s to promote tribal member the Interior, acting through the Bureau of know at the time when the person or entity resettlement following the partition of Land Management (referred to in this Act as acquired the rights asserted that the mark, lands in Arizona to the Hopi Tribe. the ‘‘Secretary’’), shall issue under section trade name, or commercial name was the Specifically, section 4(a)(1) will clarify 4(a)(2) to each such holder or holders a cer- same as or substantially similar to a mark, and confirm that the Navajo Nation al- tificate of bidding rights (in such form and trade name, or commercial name that was ready has selected the lands to which it manner as provided for under regulations used in connection with a business or assets entitled under the Navajo-Hopi Settle- promulgated by the Secretary under the that were confiscated.’’; and ment Act and has no further rights Mineral Leasing Act (30 U.S.C. 181 et seq.)) (5) in subsection (e), as so redesignated, by that constitutes the combined fair market striking ‘‘In this section:’’ and all that fol- under that act to select lands in New value, as determined under section 3, of the lows through ‘‘(2) The term’’ and inserting Mexico other than those already se- coal reserves for each coal preference right ‘‘In this section, the term’’. lected by the Navajo Nation in the lease application withdrawn by the holder. 1980s. (b) RELINQUISHMENT.—The relinquishment By Mr. DOMENICI: The bill also guarantees that Arch of all rights associated with the coal pref- S. 692. A bill to provide for the con- Coal, Inc. will be compensated for the erence lease applications withdrawn shall be veyance of certain public land in north- economic value of its coal reserves. An effective on the date of the issuance of the western New Mexico by resolving a dis- certificate of bidding rights under section independent panel will make rec- 4(a)(2). pute associated with coal preference ommendations to the Secretary of the (c) NO ADJUDICATION.—The withdrawals right lease interests on the land; to the Interior regarding the fair market and issuances required under subsection (a) Committee on Indian Affairs. value of the coal reserves, gives the shall occur without any further adjudication Mr. DOMENICI. Mr. President, I am company bidding rights, protects a of coal preference right lease applications by pleased today to be introducing the State’s financial interest in its share of the Secretary. Bisti PRLA Dispute Resolution Act of Federal Mineral Leasing Act payments, SEC. 3. METHOD FOR DETERMINING FAIR MAR- 2005, which will resolve a conflict re- KET VALUE. and allows the Navajo Nation bene- (a) IN GENERAL.—Notwithstanding any garding coal mining leases in New Mex- ficial ownership in their lands. other provision of law, this section shall ico and which will confirm the comple- The Secretary of the Interior will apply to the issuance of a certificate of bid- tion of all Navajo Nation land selec- issue a certificate of bidding rights to ding rights under section 4(a)(2). tions in New Mexico under the Navajo- Arch Coal upon relinquishment of its (b) VALUE OF COAL RESERVES.— Hopi Settlement Act. Arch Coal Com- interests in the PRLAs. The amount of (1) IN GENERAL.—The fair market value of pany and the Navajo Nation have been that certificate will equal the fair mar- the coal reserves of any coal preference right deadlocked within the Department of lease application withdrawn under section ket value of the coal reserves as de- 2(a) shall be determined by the panel estab- the Interior appeals process regarding fined by the Department of the Inte- lished under paragraph (2). certain preference right lease applica- rior’s regulations. A panel consisting of (2) PANEL.— tions, PRLAs, in the Bisti region of representatives of the Department of (A) ESTABLISHMENT.—Not later than 30 northwestern New Mexico. When en- the Interior, Arch Coal, and the Gov- days after the date of enactment of this Act, acted, this legislation will resolve a ernors of Wyoming and New Mexico the Secretary shall establish a panel to de- complex set of issues arising from legal will help determine fair market value. termine the fair market value of the coal re- rights the Arch Coal Company acquired While the Interior Department is au- serves of any coal preference right lease ap- in Federal lands, which are now situ- plications withdrawn under section 2(a). thorized to exchange PRLAs for bid- (B) MEMBERSHIP.—The panel shall be com- ated among lands which constitute ding rights, the Department has not posed of 3 representatives, of whom— tribal property and the allotments of done so, largely because of the dif- (i) 1 representative shall be appointed by members of the Navajo Nation. Both ficulty it perceives in determining the the Secretary; Arch Coal and the Navajo Nation sup- fair market value of the coal reserves. (ii) 1 representative shall be appointed by port this legislation to resolve the situ- The panel method in this legislation the holder of the preference right lease appli- ation in a manner that is mutually will promote the objectivity of that cation; and beneficial. In addition, this legislation process. (iii) 1 representative shall be appointed by the Governor of the State of New Mexico. will serve to mandate the completion Upon the relinquishment of the (3) MINERAL APPRAISER.—The Secretary of a longstanding set of land selections PRLAs and the issuance of a certificate shall contract with a qualified coal reserve the Navajo Nation made under the of bidding rights, the Department of appraiser to assist the panel established Navajo-Hopi Settlement Act. In 1984 the Interior will execute patents to the under paragraph (2)(A) in determining the amendments to that act, Congress pro- Navajo Nation of the lands encom- fair market value of a coal reserve. vided the Navajo Nation with its final passed by the PRLAs. This is a win-win (4) SUPPLEMENTAL INFORMATION.—In deter- opportunity, within 18 months of pas- situation for all parties involved, is en- mining the fair market value of a coal re- sage of the amendments, to select dorsed by the affected parties, and is a serve, the panel may supplement any infor- lands in New Mexico as provided in sec- mation provided to the panel, as the panel fair resolution to this ongoing problem. determines to be appropriate. tion 11 of the Navajo-Hopi Settlement I ask unanimous consent that the (5) DETERMINATION.—Not later than 75 days Act. The Navajo Nation exercised its text of the bill be printed in the after the date on which the panel is estab- rights under the 1984 Amendments, but RECORD. lished under paragraph (2)(A), the panel shall since has sought to review, revise, and There being no objection, the bill was submit to the Secretary the determination seek to select other lands to the poten- ordered to be printed in the RECORD, as of the panel with respect to the fair market tial detriment of mineral lessees hold- follows: value of a coal reserve of any coal preference ing leases on Federal public lands near S. 692 right lease application withdrawn by the holder. the Navajo reservation. This legisla- Be it enacted by the Senate and House of Rep- SEC. 4. ISSUANCE OF BIDDING RIGHTS TO HOLD- tion would clarify Congress’s intent resentatives of the United States of America in ERS OF RELINQUISHED PREF- that the nation no longer has land se- Congress assembled, ERENCE RIGHT LEASE APPLICA- lection rights available to it in New SECTION 1. SHORT TITLE. TIONS. Mexico under the Navajo-Hopi Settle- This Act may be cited as the ‘‘Bisti PRLA (a) IN GENERAL.—Notwithstanding any ment Act. Dispute Resolution Act’’. other provision of law, not later than 120 There are many reasons the solution SEC. 2. WITHDRAWAL OF COAL PREFERENCE days after the withdrawal of a coal pref- RIGHT LEASE APPLICATIONS. erence right lease application, the Secretary embodied in this bill achieves broad (a) IN GENERAL.—Notwithstanding any shall— benefits to the interested parties and other provision of law, if any of the coal (1) accept the relinquishment of the rights the public. It will resolve a long- preference right lease applications captioned associated with the coal preference right standing conflict between the Navajo NMNM 3752, NMNM 3753, NMNM 3754, NMNM lease application; and

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5543 (2) issue a certificate of bidding rights in cated, and patient enemy, and that its women of our Armed Forces, who fight the amount of the fair market value deter- leadership is extremely motivated to the terrorists abroad so that we do not mined under section 3. launch another devastating attack on have to face them at home. I also firm- (b) ENFORCEMENT.—The duties of the Sec- retary under this section shall be considered American soil and American citizens. ly believe that our efforts to strength- nondiscretionary and enforceable in a man- In fact, outside the United States, al- en anti-terrorism and law enforcement damus proceeding brought under section 1361 Qaida and affiliates of al-Qaida have tools right here at home have much to of title 28, United States Code. continued to be enormously active, re- do with this record of success and SEC. 5. USE OF EXCHANGE BIDDING RIGHTS. sponsible for numerous terrorist at- peace in our homeland to date. (a) IN GENERAL.—Notwithstanding any tacks on foreign soil in the last few It is within this important context other provision of law— years: that a Senate Judiciary Committee (1) a certificate of bidding rights issued 2001 (Dec.): Man tried to detonate hearing tomorrow morning will com- under section 4(a)(2) shall— (A) be subject to such procedures as the shoe bomb on flight from Paris to mence a new round of discussions Secretary may establish pertaining to notice Miami. about the USA PATRIOT Act. As I ex- of transfer and accountings of holders and 2002 (April): Explosion at historic plained in an op-ed published in the their balances; synagogue in Tunisia left 21 dead, in- Washington Times just this morning, I (B) be transferable by the holder or holders cluding 14 German tourists. welcome that hearing, because the of the certificate of bidding rights in whole 2002 (May): Car exploded outside American people deserve an honest, re- or in part; and hotel in Karachi, Pakistan, killing 14, sponsible, and fair discussion to ensure (C) constitute a monetary credit that, sub- including 11 French citizens. that we are indeed fulfilling our dual ject to paragraph (2), may be applied, at the election of the holder or holders of the cer- 2002 (June): Bomb exploded outside responsibilities to protect national se- tificate of bidding rights, against— American consulate in Karachi, Paki- curity and civil liberties alike. (i) rentals, advance royalties, or produc- stan, killing 12. Unfortunately, the debate about the tion royalties payable to the Secretary 2002 (Oct.): Boat crashed into oil USA PATRIOT Act has not always met under Federal coal leases; and tanker off Yemen coast, killing one. that standard. Last fall, just weeks be- (ii) bonus payments payable to the Sec- 2002 (Oct.): Nightclub bombings in fore the Presidential election, we even retary in the issuance of a Federal coal lease Bali, Indonesia, killed 202, mostly Aus- witnessed false reports in newspapers or Federal coal lease modification under the tralian citizens. across the country that a Federal court coal leasing provisions of the Mineral Leas- 2002 (Nov.): Suicide attack on a hotel ing Act (30 U.S.C. 181 et seq.); and had struck down parts of the act as un- (2) in a case in which a certificate of bid- in Mombasa, Kenya, killed 16. constitutional. False reports and scare ding rights issued under section 4(a)(2) is ap- 2003 (May): Suicide bombers killed 34, tactics serve no legitimate cause and plied by the holder or holders of the certifi- including 8 Americans, at housing com- greatly disserve the American people. cate of bidding rights as a monetary credit pounds for Westerners in Riyadh, Saudi The war on terrorism must be fought against a payment obligation under a Fed- Arabia. aggressively but consistently with the eral coal lease, the holder or holders— 2003 (May): Four bombs killed 33 peo- protection of civil rights and civil lib- (A) may apply the bidding rights only ple targeting Jewish, Spanish, and Bel- erties. Whenever real civil liberties against 50 percent of the amount payable gian sites in Casablanca, Morocco. problems do arise, we must learn about under the lease; and 2003 (Aug.): Suicide car-bomb killed (B) shall pay the remaining 50 percent as them right away, so that we can fix provided for under the lease in cash or cash 12, injured 150 at Marriott Hotel in Ja- them swiftly. equivalent. karta, Indonesia. It is for precisely this reason that I (b) PAYMENT UNDER LEASE OBLIGATIONS.— 2003 (Nov.): Explosions rocked a Ri- have long been concerned about false Any payment of a Federal coal lease obliga- yadh, Saudi Arabia housing compound, allegations of civil rights deprivations. tion by the holder or holders of a certificate killing 17. Every false allegation undermines of bidding rights issued under section 2003 (Nov.): Suicide car-bombers si- every true allegation, and that hurts us 4(a)(2)— (1) shall be treated as money received multaneously attacked two synagogues all. After all, scaring people about false under section 35 of the Mineral Leasing Act in Istanbul, Turkey, killing 25 and in- civil rights deprivations unnecessarily (30 U.S.C. 191); but juring hundreds. divides our Nation and makes no one (2) shall be credited and redistributed by 2003 (Nov.): Truck bombs detonated safer. If anything, false claims about the Secretary only as follows: at London bank and British consulate civil liberties actually make it harder (A) 50 percent of the amount paid in cash in Istanbul, Turkey, killing 26. to monitor real civil liberties issues in or its equivalent shall be— 2004 (March): Ten terrorists bombs the future—for the same reason that (i) distributed to the State in which the exploded almost simultaneously during eventually no one listened to the fabled lease is located; and the morning rush hour in Madrid, (ii) treated as a redistribution under sec- little boy who kept ‘‘crying wolf.’’ tion 35 of the Mineral Leasing Act (30 U.S.C. Spain, killing 202 and injuring more After several weeks of negotiation, 191). than 1,400. Congress in 2001 enacted the USA PA- (B) 50 percent of the amount paid through 2004 (May): Terrorists attacked Saudi TRIOT Act by overwhelming bipartisan a crediting of the bidding rights involved oil company offices in Khobar, Saudi margins—98–1 in the Senate and 357–66 shall be treated as a payment that is subject Arabia, killing 22. in the House. At the time, Senators on to redistribution under that section to the 2004 (June): Terrorists kidnapped and both sides of the aisle agreed that the Reclamation and Miscellaneous Receipts ac- executed American Paul Johnson, Jr., legislation had struck a careful and counts in the Treasury. in Riyadh, Saudi Arabia. wise balance between national security By Mr. CORNYN: 2004 (Sept.): Car bomb outside the and civil liberties. S. 693. A bill to provide for judicial Australian embassy in Jakarta, Indo- The record continues to be strong to review of national security letters nesia, killed nine. this day. As Senator DIANNE FEINSTEIN issued to wire and electronic commu- 2004 (Dec.): Terrorists enter the U.S. at a Senate Judiciary Committee over- nications service providers; to the Consulate in Jiddah, Saudi Arabia, sight hearing during the last Congress, Committee on the Judiciary. killing nine (including 4 attackers). ‘‘I have never had a single abuse of the Mr. CORNYN. Mr. President, it has It is precisely because al-Qaida is so PATRIOT Act reported to me. My staff been nearly 4 years since the terrorist aggressive, so motivated, and so de- e-mailed the ACLU and asked them for attacks of September 11, 2001. In the monstrably hostile to America, that I instances of actual abuses. They e- days, weeks, and months since that am so grateful that, to date, al-Qaida mailed back and said they had none.’’ day, the American people have braced still has not successfully launched an- The ACLU did allege in a press re- themselves for the possibility of an- other terrorist attack on our own soil. lease last September that a Federal other terrorist attack on our home- There are undoubtedly many reasons court had struck down parts of the land. After all, we know all too well for this. First and foremost, I am pro- USA PATRIOT Act—calling the deci- that al-Qaida is a stealthy, sophisti- foundly thankful to the brave men and sion ‘‘a landmark victory against the

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5544 CONGRESSIONAL RECORD—SENATE April 4, 2005 Ashcroft Justice Department.’’ See Doe Today, I introduce legislation to cure endanger of the national security of the v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. this technical defect, and to amend the United States or interfere with diplomatic 2004). The litigation is currently on ap- Electronic Communications Privacy relations shall be treated as conclusive un- peal. Act to make explicit the availability of less the court finds that the certification was made in bad faith.’’. Newspapers across the country im- judicial review to examine national se- SEC. 3. ENFORCEMENT OF NATIONAL SECURITY mediately repeated the ACLU’s mes- curity letters. The legislation is enti- LETTERS. sage. But as legal experts immediately tled the Electronic Communications Section 2709(a) of title 18, United States discovered, there were two important Privacy Judicial Review and Improve- Code, as amended by section 2(a), is further problems with the allegation: they ment Act of 2005. I ask unanimous con- amended by adding at the end the following: were attacking the wrong person, and sent that the text of the legislation, as ‘‘(3) ENFORCEMENT OF REQUESTS.—The At- the wrong law. well as a section-by-section analysis of torney General may seek enforcement of a In fact, the court had actually struck the legislation prepared by my office, request under subsection (b) in an appro- priate United States district court if a re- down a law authored by Senator PAT- be printed in the RECORD. cipient refuses to comply with the request.’’. RICK LEAHY during the 1980s. That stat- I hope that this legislation will be SEC. 4. DISCLOSURE OF INFORMATION. ute balanced the national interest in enacted in the same bipartisan spirit (a) SECURE PROCEEDINGS.—Section 2709 of protecting electronic communications that put both the Electronic Commu- title 18, United States Code, as amended by privacy against the legitimate needs of nications Privacy Act and the USA PA- sections 2 and 3, is further amended— national security, by establishing a TRIOT Act on the books. And I hope (1) in subsection (a), by adding at the end procedure for obtaining electronic that future discussions about the war the following: communications records in certain na- on terrorism, civil liberties, and the ‘‘(4) SECURE PROCEEDINGS.—The disclosure tional security investigations through USA PATRIOT Act will be honest, re- of information in any proceedings under this the use of so-called ‘‘national security sponsible, and fair. subsection may be limited consistent with letters.’’ The USA PATRIOT Act There being no objection, the mate- the requirements of the Classified Informa- tion Procedures Act (18 U.S.C. App).’’; and amended the law to make clear that rial was ordered to be printed in the (2) in subsection (c), by adding at the end such letters could be issued in ter- RECORD, as follows: the following: rorism investigations as well. S. 693 ‘‘(4) SECURE PROCEEDINGS.—The disclosure So the statute in question was writ- Be it enacted by the Senate and House of Rep- of information in any proceedings under this ten by LEAHY, not Ashcroft. And it was resentatives of the United States of America in subsection may be limited consistent with the Electronic Communications Pri- Congress assembled, the requirements of the Classified Informa- tion Procedures Act (18 U.S.C. App).’’. vacy Act of 1986, not the USA PA- SECTION 1. SHORT TITLE. (b) DISCLOSURE TO NECESSARY PERSONS.— TRIOT Act in 2001. Indeed, the USA This Act may be cited as the ‘‘The Elec- Section 2709(c)(1) of title 18, United States PATRIOT Act did not change a single tronic Communications Privacy Judicial Re- Code, as amended by section 2(b)(1), is fur- view and Improvement Act of 2005’’. word of any provision attacked by that ther amended— court. SEC. 2. JUDICIAL REVIEW. (1) by inserting after ‘‘any person’’ the fol- What’s more, in 1986, the ACLU en- (a) IN GENERAL.—Section 2709(a) of title 18, lowing: ‘‘, except for disclosure to an attor- dorsed the Electronic Communications United States Code, is amended— ney to obtain legal advice regarding the re- Privacy Act. And shortly after that law (1) by striking ‘‘A wire or electronic com- quest or to a persons to whom disclosure is was approved by the Senate on a voice munication service provider’’ and inserting necessary in order to comply with the re- the following: quest,’’; and vote and the House by unanimous con- ‘‘(1) IN GENERAL.—A wire or electronic sent, the chief legislative counsel of (2) by adding at the end the following: communication service provider’’; and ‘‘Any attorney or person whose assistance is the ACLU called it a ‘‘significant ad- (2) by adding at the end the following: necessary to comply with the request who is vancement of privacy rights of citizens ‘‘(2) JUDICIAL REVIEW.—A wire or electronic notified of the request also shall not disclose in the age of new communications communication service provider who re- to any person that the Federal Bureau of In- technology.’’ ceives a request under subsection (b) may, at vestigation has sought or obtained access to None of this stopped the ACLU in any time, seek a court order from an appro- information or records under this section.’’. priate United States district court to modify 2004, however, from charging that the SECTION-BY-SECTION ANALYSIS or set aside the request. Any such motion court’s ruling was ‘‘the first to strike shall state the grounds for challenging the THE ELECTRONIC COMMUNICATIONS PRIVACY down any of the vast new surveillance request with particularity. The court may JUDICIAL REVIEW AND IMPROVEMENT ACT OF 2005 powers authorized by the Patriot Act.’’ modify or set aside the request if compliance The Electronic Communications Privacy The ACLU has since backed down and would be unreasonable or oppressive.’’. Act of 1986 strikes a balance between the im- admitted that they had attacked the (b) NONDISCLOSURE.—Section 2709(c) of title portant national interest in electronic com- wrong law. As ACLU attorney Jameel 18, United States Code, is amended— munications privacy and the legitimate Jaffer eventually conceded, ‘‘the provi- (1) by striking ‘‘No wire or electronic com- needs of national security and law enforce- sions that we challenged and that the munication service provider’’ and inserting ment. It generally forbids nonconsensual, the following: court objected to were in the statute unauthorized disclosures of private elec- ‘‘(1) IN GENERAL.—No wire or electronic tronic communications by communications before the Patriot Act was passed. We communication service provider’’; and providers, while authorizing the Federal Bu- could have raised the same objections (2) by adding at the end the following: reau of Investigation to issue so-called ‘‘na- before the power was expanded.’’ Nev- ‘‘(2) JUDICIAL REVIEW.—A wire or electronic tional security letters’’ under certain condi- ertheless, it hurts all of us whenever an communication service provider who re- tions in order to obtain certain kinds of com- allegation about civil liberties is dis- ceives a request under subsection (b) may, at munications records from such providers. credited—because it makes it that any time, seek a court order from an appro- The original 1986 law authorized national se- much easier to ignore legitimate civil priate United States district court chal- curity letters in foreign counterintelligence lenging the nondisclosure requirement under liberties problems that may arise in investigations; section 505 of the USA PA- paragraph (1). Any such motion shall state TRIOT Act amended the 1986 Act to explic- the future. the grounds for challenging the nondisclo- itly permit the issuance of such letters in It’s also worth noting that the pri- sure requirement with particularity. international terrorism investigations as mary controversy in the litigation— ‘‘(3) STANDARD OF REVIEW.—The court may well. whether judicial review is available to modify or set aside such a nondisclosure re- The 1986 Act was authored by U.S. Senator scrutinize the issuance of national se- quirement if there is no reason to believe Patrick Leahy and approved by the Senate curity letters—was not actually dis- that disclosure may endanger the national on a voice vote and the House by unanimous puted by the government. To the con- security of the United States, interfere with consent. It was endorsed by a number of or- trary, the Justice Department agreed a criminal, counterterrorism, or counter- ganizations, including civil liberties and pri- intelligence investigation, interfere with vacy advocates. The ACLU’s chief legislative that there should be judicial review. diplomatic relations, or endanger the life or counsel and director of its project on tech- The court simply concluded that the physical safety of any person. In reviewing a nology and privacy called the legislation a 1986 law was not drafted with sufficient nondisclosure requirement, the certification ‘‘significant advancement of privacy rights clarity to authorize such review. by the Government that the disclosure may of citizens in the age of new communications

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5545 technology,’’ according to a December 5, 1986 provisions of the Classified Information Pro- ‘‘(iv) personal qualities, such as responsi- article in the Christian Science Monitor. cedures Act. bility, self-esteem, self-management, hon- The national security letter provision of This provision also makes clear that the esty, and integrity; the Electronic Communications Privacy Act nondisclosure requirement of the 1986 law ‘‘(C) provides income supplements when of 1986 has recently been challenged in fed- does not forbid conversations with the re- needed to eligible participants (defined for eral court. During the course of the litiga- cipient’s attorney to obtain legal advice re- purposes of this paragraph as an individual tion, Justice Department attorneys agreed garding the request, nor does it forbid con- who meets the criteria described in subpara- that there should be judicial review of na- versations with persons to whom disclosure graphs (A) through (C) of paragraph (3)) for tional security letters, and argued that cur- would be necessary to comply with the re- housing, counseling, tuition, and other basic rent law already provides for such review. quest. All participants in such conversations needs; Nevertheless, last September a federal dis- are forbidden from disclosing the existence ‘‘(D) provides eligible participants with not trict court in New York struck down the of the national security letter, consistent less than 160 hours of instruction, assess- Electronic Communications Privacy Act as with the requirements of the original 1986 ment, or professional coaching; and unconstitutional because it does not explic- law. ‘‘(E) invests an average of $10,000 in train- itly authorize judicial review. See Doe v. ing per graduate of such program. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004). By Mr. COLEMAN: ‘‘(3) QUALIFIED GRADUATE.—For purposes of This litigation—which is currently on ap- S. 694. A bill to amend the Workforce this subsection, a qualified graduate is an in- peal—presents an important legal dispute Investment Act of 1998 to provide for a dividual who is a graduate of a qualified job concerning whether the Electronic Commu- job training grant pilot program; to training program and who— nications Privacy Act implicitly provides for the Committee on Health, Education, ‘‘(A) is 18 years of age or older; judicial review of national security letters. ‘‘(B) had in either of the 2 preceding tax- It may be helpful for Congress to enact an Labor, and Pensions. able years Federal adjusted gross income not explicit provision authorizing judicial re- Mr. COLEMAN. Mr. President, I ask exceeding the maximum income of a very view, to avoid any ambiguity and to provide unanimous consent that the bill I in- low-income family (as defined in section clearer guidance to national security letter troduce today be printed in the 3(b)(2) of the United States Housing Act of recipients and parties in litigation in the fu- RECORD. 1937 (42 U.S.C. 1437a(b)(2))) for a single indi- ture. There being no objection, the bill was vidual; and Accordingly, the Electronic Communica- ordered to be printed in the RECORD, as ‘‘(C) has assets of not more than $10,000, ex- tions Privacy Judicial Review and Improve- follows: clusive of the value of an owned homestead, ment Act of 2005 responds to the Doe v. indexed for inflation. Ashcroft litigation by establishing an explicit S. 694 ‘‘(4) QUALIFYING EMPLOYMENT.—For pur- judicial review provision for national secu- Be it enacted by the Senate and House of Rep- poses of this subsection, qualifying employ- rity letters. resentatives of the United States of America in ment shall include any permanent job or em- Section 1. Short title. Congress assembled, ployment paying annual wages of not less Section 2. Judicial review. This provision SECTION 1. JOB TRAINING GRANT PILOT PRO- than $18,000, and not less than $10,000 more explicitly authorizes a recipient of a na- GRAM. than the qualified graduate earned before re- tional security letter to seek judicial review Section 171 of the Workforce Investment ceiving training from the qualified job train- in federal court to prevent enforcement of Act of 1998 (29 U.S.C. 2916) is amended by ing program.’’. the letter. The provision states that a court striking subsection (d) and inserting the fol- may modify or set aside the national secu- lowing: f rity letter if compliance would be unreason- ‘‘(d) JOB TRAINING GRANT PILOT PRO- able or oppressive—the same standard that GRAM.— governs grand jury subpoenas. See Federal ‘‘(1) IN GENERAL.— SUBMITTED RESOLUTIONS Rule of Criminal Procedure 17(c)(2). Courts ‘‘(A) GRANTS.—The Secretary shall provide have made clear that, under this standard, grants to qualified job training programs as requests must be relevant to the underlying follows: investigation. See, e.g., U.S. v. R. Enterprises ‘‘(i) PLACEMENT GRANTS.—Grants in an SENATE RESOLUTION 93—REL- Inc., 498 U.S. 292, 301 (1991) (requiring ‘‘rea- amount to be determined by the Secretary ATIVE TO THE DEATH OF HOW- sonable possibility that the category of ma- shall be provided to qualified job training ELL T. HEFLIN, FORMER UNITED terials the Government seeks will produce programs upon placement of a qualified STATES SENATOR FOR THE information relevant to the general subject graduate in qualifying employment. STATE OF ALABAMA of the grand jury’s investigation’’). ‘‘(ii) RETENTION GRANTS.—An additional This provision also explicitly authorizes a grant in an amount to be determined by the Mr. REID (for himself, Mr. FRIST, Mr. recipient at any time to seek judicial review Secretary shall be provided to qualified job SHELBY, and Mr. SESSIONS) submitted in federal court to set aside the nondisclo- training programs upon retention of a quali- the following resolution; which was sure requirement imposed by the original fied graduate in qualifying employment for a considered and agreed to: 1986 law. The 1986 Act forbids recipients from period of 1 year. disclosing to any person that the FBI has ‘‘(B) DETERMINATION.—In determining the S. RES. 93 issued the national security letter. This bill amount of the grants to be provided under Whereas Howell Heflin served as a United provides that a court may modify or set subparagraph (A), the Secretary shall con- States Marine from 1942–1946 and was award- aside the nondisclosure requirement if there sider the economic benefit received by the ed the Silver Star for bravery; is no reason to believe that disclosure may Government from the employment of the Whereas Howell Heflin served as Chief Jus- endanger the national security of the United qualified graduate, including increased tax tice of the Alabama Supreme Court from States, interfere with a criminal, counterter- revenue and decreased unemployment bene- 1971–1977; rorism, or counterintelligence investigation, fits or other support obligations. Whereas Howell Heflin served the people of interfere with diplomatic relations, or en- ‘‘(2) QUALIFIED JOB TRAINING PROGRAM.— Alabama with distinction for 18 years in the danger the life or physical safety of any per- For purposes of this subsection, a qualified United States Senate; and son. The provision also provides that, in re- job training program is 1 that— Whereas Howell Heflin served the Senate viewing a nondisclosure requirement, the ‘‘(A) is operated by a nonprofit or for-profit as Chairman of the Select Committee on certification by the Government that disclo- entity, partnership, or joint venture formed Ethics in the ninety-sixth and one hundredth sure may endanger of the national security under the laws of— to one hundred-second Congresses; of the United States or interfere with diplo- ‘‘(i) the United States or a territory of the Resolved, That the Senate has heard with matic relations shall be treated as conclu- United States; profound sorrow and deep regret the an- sive unless the court finds that the certifi- ‘‘(ii) any State; or nouncement of the death of the Honorable cation was made in bad faith. ‘‘(iii) any county or locality; Howell T. Heflin, former member of the Section 3. Enforcement of national secu- ‘‘(B) offers education and training in— United States Senate. rity letters. This provision authorizes the ‘‘(i) basic skills, such as reading, writing, Resolved, That the Secretary of the Senate Attorney General to seek enforcement of a mathematics, information processing, and communicate these resolutions to the House national security letter in federal court if a communications; of Representatives and transmit an enrolled recipient refuses to comply. ‘‘(ii) technical skills, such as accounting, copy thereof to the family of the deceased. Section 4. Disclosure of information. This computers, printing, and machining; Resolved, That when the Senate adjourns provision establishes that the judicial review ‘‘(iii) thinking skills, such as reasoning, today, it stand adjourned as a further mark proceedings established by this bill may be creative thinking, decision making, and of respect to the memory of the Honorable secured against disclosure pursuant to the problem solving; and Howell T. Heflin.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5546 CONGRESSIONAL RECORD—SENATE April 4, 2005 SENATE RESOLUTION 94— cil’s declaration that religious freedom was persuasion to encourage world leaders to re- HONORING POPE JOHN PAUL II ‘‘the first of human rights’’, a phrase em- spect the inalienable rights of the human braced by Polish Catholics in their struggle person; Mr. BROWNBACK (for himself, Mr. against the hegemony of the Communist re- Whereas, on May 13, 1981, Pope John Paul BUNNING, Mr. BURNS, Mr. CHAMBLISS, gime; II, was shot by a would-be assassin, and nev- Mrs. CLINTON, Mr. CORNYN, Mr. Whereas, on October 16, 1978, Pope John ertheless provided a remarkable example of DEMINT, Mr. DOMENICI, Mr. ENZI, Mr. Paul II was elected the 264th Pope, making the power of grace, later visiting his GRASSLEY, Mr. KERRY, Mr. KOHL, Mr. history by becoming the first-ever Slavic attacker in prison, and stating afterwards ‘‘I MARTINEZ, Mr. THUNE, Mr. DURBIN, and Pope and the first non-Italian Pope in more spoke to him as I would speak to a brother Mr. NELSON of Nebraska) submitted the than 400 years; whom I have forgiven and who enjoys my following resolution; which was re- Whereas Pope John Paul II served for over confidence’’; Whereas Pope John Paul II ministered to ferred to the Committee on the Judici- 26 years as Bishop of Rome and Supreme Pastor of the Catholic Church, and as the Catholic and non-Catholic alike, providing a ary: spiritual leader of more than 1,000,000,000 personal example of grace, endurance, com- S. RES. 94 Catholic Christians around the world, includ- passion, courage, sacrifice, and foresight; Whereas His Holiness, Pope John Paul II, ing more than 66,000,000 Catholic Christians Whereas Pope John Paul II sought to heal was born Karol Jozef Wojtyla in Wadowice, in the United States; divisions between the Catholic Church and Poland, on May 18, 1920, the youngest of 3 Whereas Pope John Paul II served the other Christian faiths, the Jewish faith, and children, born to Karol Wojtyla and Emilia third-longest pontificate, behind only Saint Islam, expressing sadness and regret for the Kaczorowska; Peter, who served as Pope for over 34 years, individual acts of present and former Catho- Whereas Pope John Paul II personally suf- and Blessed Pius IX, who served for over 31 lics who persecuted members of other faiths fered and experienced deprivation from an years; and promoting reconciliation and dialogue early age, losing his mother, eldest brother, Whereas Pope John Paul II was a unique, through the first-ever Papal visits to syna- and father before turning age 21; substantial, and historic catalyst in the de- gogues and mosques, as well as visits to Whereas Pope John Paul II found comfort mise of Soviet communism and the emanci- areas of historic conflict, including Ireland and strength in the example of his father’s pation of hundreds of millions of people from and the Holy Land; faith, of whom he observed ‘‘after my moth- totalitarian rule; Whereas, in 1995, Pope John Paul II wrote er’s death, his life became one of constant Whereas Pope John Paul II, in his inau- of ‘‘the incomparable worth of the human prayer. Sometimes I would wake up during gural sermon, boldly offered hope to op- person,’’ noting that: ‘‘Even in the midst of the night and find my father on his knees pressed peoples around the world while caus- difficulties and uncertainties, every person . . . his example was in a way my first semi- ing authoritarian rulers to brace by pro- sincerely open to truth and goodness can, by nary’’; claiming ‘‘open the boundaries of states, eco- the light of reason and the hidden action of Whereas, in 1939, Pope John Paul II was en- nomic and political systems, the vast fields grace, come to recognize . . . the sacred value rolled in Jagiellonian University in Cracow, of culture, civilization, and development. Do of human life . . . and can affirm the right of which was closed by the Nazis during their not be afraid.’’; every human being to have this primary occupation of Poland; Whereas, in June 1979, Pope John Paul II good respected to the highest degree’’; Whereas, in 1998, Pope John Paul II visited Whereas Pope John Paul II experienced the returned to his native Poland for 9 days, Cuba to speak directly to the Cuban people brutality of a godless totalitarian regime, unleashing patriotic and religious forces and their Communist rulers, calling for po- which sought to eradicate the history and that would ultimately lead to the peaceful litical and religious freedom, the release of culture of a proud people and sent many of toppling of the Communist regime in Poland political prisoners, a recognition of the right his professors, friends, and millions of Polish and the dramatic demise of the Warsaw Pact to express one’s faith ‘‘in the context of pub- Jews to camps where they were systemati- and the Soviet Union; lic life’’, and the importance of fundamental cally murdered; Whereas Pope John Paul II, before visiting human dignities, including that ‘‘each per- Whereas, in 1942, Pope John Paul II was his native Poland in 1987, met with President son enjoying freedom of expression, being himself arrested by Nazi occupation forces, Ronald Reagan, who recognized the fruits of free to undertake initiatives and make pro- but his life was spared because of his employ- His Holiness’ labors by stating ‘‘be assured posals within civil society, and enjoying ap- ment at a limestone quarry, work deemed es- that the hearts of the American people are propriate freedom of association’’ is a neces- sential to the war effort; with you. Our prayers will go with you in sity; Whereas Pope John Paul II courageously profound hope that the terrible burden of Whereas Pope John Paul II traveled far- defied the Nazi occupation forces, risking his brave people everywhere who yearn for free- ther than any other Pope in history, tra- own life to protect Polish Jews from persecu- dom, even as all men and women yearn for versing approximately 3⁄4 of a million miles, tion, helping to organize the underground the freedom that God gave us all. . . . We see visiting 130 countries, including African na- ‘‘Rhapsodic Theatre’’, which he intended to the power of the spiritual force in that trou- tions never before visited by a Pope, being be ‘‘a theatre . . . where the national spirit bled land, uniting a people in hope, just as seen by more people than anyone in human will burn’’, writing two religious plays con- we see the powerful stirrings in the East of history, and evangelizing to more than sidered subversive to the Nazi regime, and a belief that will not die despite generations 6,000,000 people in the closing mass of World enrolling in the clandestine seminary of of oppression. . . . For despite all the at- Youth Day ’95 in the Philippines; Archbishop Sapieha of Cracow, where he tempts to extinguish it, the people’s faith Whereas Pope John Paul II changed the studied religion, theology, and philosophy; burns with a passionate heat: once allowed course of history, leading the Catholic Whereas the Nazi occupation of Poland was to breathe free, that faith will burn so Church through a dramatic and remarkable ended only by the imposition of a Com- brightly it will light the world.’’; period, and into Christianity’s third millen- munist era of occupation that sought to sub- Whereas Pope John Paul II was recognized nium; jugate Polish citizens, extinguish Polish na- by Lady Margaret Thatcher to have ‘‘pro- Whereas Pope John Paul II devoted his life tionalism, and subjected the exercise of indi- vided the main impetus for the revival of to the amelioration of the human cost of ter- vidual religious liberty to the control of god- Solidarity and the pressure for reform [in his ror and oppression through his dedication to less Stalinist rulers; native Poland]’’; truth, forgiveness, and the development of a Whereas, in 1946, Pope John Paul II was or- Whereas Pope John Paul II was acknowl- vibrant public moral culture; dained, later becoming a Professor of Ethics edged by Mikhail Gorbachev to have played Whereas Pope John Paul II articulated the and Chaplain at the Catholic University of an essential role in the liberation of those importance of individual liberty being under- Lublin, the only Catholic university behind who lived under European communism when girded by a ‘‘moral order’’, embraced the the Iron Curtain, where he, again at great he stated ‘‘everything that happened in East- poor and oppressed masses of the world, and personal risk, initiated activities that helped ern Europe . . . would have been impossible encouraged governments and the faithful to to preserve the intellectual, cultural, and without this Pope’’; attend to the needs of those who are less for- historical richness of his homeland and pro- Whereas Pope John Paul II carried on an tunate; tected the integrity and independence of the active correspondence with world leaders Whereas Pope John Paul II brought hope Catholic Church in Poland; during the 1980s, involving the Church in ef- and inspiration to hundreds of millions of Whereas Pope John Paul II was an articu- forts to promote peace by reducing tensions, people around the world oppressed by tyr- late and outspoken advocate for religious and exerting his moral authority to persuade anny, hunger, disease, and despair; freedom and Christian humanism at Vatican the superpowers to engage in a ‘‘dialogue’’ Whereas Pope John Paul II worked tire- Council II, asserting that the Church could that succeeded in reducing conventional and lessly to bring peace to regions of the world not claim religious liberty for itself unless it nuclear weapons and helped to avert a nu- that have been driven by strife, intolerance, was willing to concede it to others; clear war; hatred, and violence for far too long; Whereas Pope John Paul II, upon returning Whereas Pope John Paul II used public and Whereas Pope John Paul II changed the to his homeland, frequently cited the Coun- private diplomacy and the power of moral lives of billions of people across the globe;

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5547 Whereas Pope John Paul II died on April 2, NOTICES OF HEARINGS/MEETINGS modify the date as of which certain 2005, after heroically proclaiming the value tribal land of the Lytton Rancheria of and dignity of human life through his long SUBCOMMITTEE ON NATIONAL PARKS Mr. THOMAS. Mr. President, I would California is deemed to be held in physical illness and suffering; trust. Whereas the passing of Pope John Paul II like to announce for the information of is mourned by billions of people around the the Senate and the public that the Sub- Those wishing additional information world; and committee on National Parks of the may contact the Indian Affairs Com- Whereas Pope John Paul II is already being Committee on Energy and Natural Re- mittee at 224–2251. referred to as Pope John Paul the Great: sources has scheduled a hearing to re- f Now, therefore, be it Resolved, That the Senate— view management and planning issues AUTHORITY FOR COMMITTEES TO (1) notes with deep sorrow and solemn for the National Mall, including the MEET mourning the death of His Holiness, Pope history of development, security SUBCOMMITTEE ON STRATEGIC FORCES John Paul II; projects and other planned construc- (2) extends its heartfelt sympathy to all tion, and future development plans. Mr. CORNYN. Mr. President, I ask people who have been touched by the passing The hearing will be held on Tuesday unanimous consent that the Sub- of John Paul II; April 12th, at 2:30 p.m., in room SD–366 committee on Strategic Forces of the (3) commends Pope John Paul II for his of the Dirksen Senate Office Building Committee on Armed Services be au- ability to transcend the bounds of religion, thorized to meet during the session of race, and political thought, becoming a for- in Washington, DC. Because of the limited time available the Senate on April 4, 2005 at 2 p.m., in midable champion, uniter, and defender in open and closed session to receive tes- humanity’s struggle for peace and basic for the hearing, witnesses may testify human rights; and by invitation only. However, those timony on strategic forces and nuclear (4) calls on all the people of the United wishing to submit written testimony weapons issues in review of the Defense States to reflect on the life and legacy of for the hearing record should send two Authorization Request for Fiscal Year Pope John Paul II during this international copies of their testimony to the Com- 2006. period of remembrance. mittee on Energy and Natural Re- The PRESIDING OFFICER. Without f sources, United States Senate, SD–364 objection, it is so ordered. AMENDMENTS SUBMITTED AND Dirkesn Senate Office Building, Wash- f PROPOSED ington, DC 20510–6150. ORDER OF PROCEDURE For further information, please con- SA 265. Mr. NELSON of Florida submitted Mr. FRIST. Mr. President, I ask tact Tom Lillie at (202) 224–5161 or an amendment intended to be proposed by unanimous consent that at 4:45 p.m., on Brian Carlstrom at (202) 224–6293. him to the bill H.R. 1268, Making emergency Tuesday, the Senate proceed to a vote supplemental appropriations for the fiscal COMMITTEE ON ENERGY AND NATURAL on adoption of a resolution which is at year ending September 30, 2005, to establish RESOURCES the desk relating to the passing of and rapidly implement regulations for State Mr. DOMENICI. Mr. President, I driver’s license and identification document Pope John Paul II. security standards, to prevent terrorists would like to announce for the infor- The PRESIDING OFFICER. Without from abusing the asylum laws of the United mation of the Senate and the public objection, it is so ordered. States, to unify terrorism-related grounds that a hearing on developing a reliable Mr. FRIST. Mr. President, I under- for inadmissibility and removal, to ensure supply of oil from domestic oil shale stand there is an announcement to be expeditious construction of the San Diego and oil sands resources has been sched- made. border fence, and for other purposes; which uled before the Committee on Energy was referred to the Committee on Appropria- and Natural Resources. f tions. The hearing will be held on Tuesday, CONGRESSIONAL BUDGET FOR f April 12, 2005, at 10 a.m., in Room SD– THE UNITED STATES GOVERN- TEXT OF AMENDMENTS 366 of the Dirksen Senate Office Build- MENT FOR THE FISCAL YEAR SA 265. Mr. NELSON of Florida sub- ing. 2006 mitted an amendment intended to be The purpose of the hearing is to dis- The PRESIDING OFFICER. Under proposed by him to the bill H.R. 1268, cuss opportunities to advance tech- the previous order, the Senate proceeds making emergency supplemental ap- nology that will facilitate environ- to the consideration of H. Con. Res. 95; propriations for the fiscal year ending mentally friendly development of oil all after the resolving clause is strick- September 30, 2005, to establish and shale and oil sands resources. The hear- en; the text of S. Con. Res. 18, as agreed rapidly implement regulations for ing will address legislative and admin- to by the Senate, is inserted in lieu State driver’s license and identifica- istrative actions necessary to provide thereof; H. Con. Res. 95, as amended, is tion document security standards, to incentives for industry investment, as agreed to. The Senate insists on its prevent terrorists from abusing the well as explore concerns and experi- amendment and requests a conference asylum laws of the United States, to ences of other governments and organi- with the House, and the Chair appoints unify terrorism-related grounds for in- zations and the interests of industry. Mr. GREGG, Mr. DOMENICI, Mr. GRASS- admissibility and removal, to ensure Because of the limited time available LEY, Mr. ALLARD, Mr. CONRAD, Mr. SAR- expeditious construction of the San for the hearing, witnesses may testify BANES, and Mrs. MURRAY conferees on Diego border fence, and for other pur- by invitation only. However, those the part of the Senate. poses; which was ordered to lie on the wishing to submit written testimony The concurrent resolution (H. Con. table; as follows: for the hearing record should send two Res. 95), as amended, was agreed to. copies of their testimony to the Com- At the appropriate place, insert the fol- f lowing: mittee on Energy and Natural Re- SEC. . PROHIBITION ON REDUCTION IN NUMBER sources, United States Senate, Wash- RELATING TO THE DEATH OF OF OPERATIONAL AIRCRAFT CAR- ington, DC 20510–6150. HOWELL T. HEFLIN, FORMER RIERS OF THE NAVY. For further information, please con- UNITED STATES SENATOR FOR (a) PROHIBITION.—No funds appropriated or THE STATE OF ALABAMA otherwise made available by this Act, or by tact Dick Bouts at (202) 224–7545 or any other Act, for fiscal year 2005 may be ob- Amy Millet at (202) 224–8276. Mr. FRIST. Mr. President, I ask ligated or expended to reduce the number of COMMITTEE ON INDIAN AFFAIRS unanimous consent that the Senate operational aircraft carriers of the Navy Mr. MCCAIN. Mr. President, I would proceed to the immediate consider- from 12 operational aircraft carriers to 11 like to announce that the Committee ation of S. Res. 93, submitted earlier operational aircraft carriers. EID (b) OPERATIONAL AIRCRAFT CARRIER.—In on Indian Affairs will meet on Tuesday, today by Senator R and others. this section, the term ‘‘operational aircraft April 5, 2005, at 9:30 a.m., in Room 562 The PRESIDING OFFICER. The carrier’’ includes an aircraft carrier that is of the Dirksen Senate Office Building clerk will report the resolution by unavailable due to maintenance or repair. to conduct a hearing on S. 113, a bill to title.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5548 CONGRESSIONAL RECORD—SENATE April 4, 2005 The assistant legislative clerk read ing business. We are working with the CORPORATION FOR NATIONAL AND COMMUNITY as follows: Democratic leadership to reach an SERVICE A resolution (S. Res. 93) relative to the agreement with respect to the State MICHAEL DOLAN, OF NEW YORK, TO BE A MEMBER OF death of Howell T. Heflin, former United THE BOARD OF DIRECTORS OF THE CORPORATION FOR Department authorization bill. It is my NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- States Senator for the State of Alabama. hope and expectation we will be able to PIRING OCTOBER 6, 2009, VICE MARC RACICOT, TERM EX- There being no objection, the Senate PIRED. structure an orderly debate of this ROBERT M. DUNCAN, OF KENTUCKY, TO BE A MEMBER proceeded to consider the resolution. measure and begin its consideration OF THE BOARD OF DIRECTORS OF THE CORPORATION Mr. FRIST. Mr. President, I ask FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM early tomorrow. EXPIRING JUNE 10, 2009, VICE JUANITA SIMS DOTY, TERM unanimous consent that the resolution In addition to the State Department EXPIRED. and preamble be agreed to en bloc, the authorization bill, we have a resolution DEPARTMENT OF HOMELAND SECURITY motions to reconsider be laid upon the relative to the passing of Pope John PHILIP J. PERRY, OF VIRGINIA, TO BE GENERAL COUN- table en bloc, and that any statements Paul II. We have just scheduled a vote SEL, DEPARTMENT OF HOMELAND SECURITY, VICE JOE relating to this resolution be printed in on adoption of the resolution for 4:45 D. WHITLEY, RESIGNED. the RECORD, without intervening ac- p.m. tomorrow, and that will be the OFFICE OF PERSONNEL MANAGEMENT tion or debate. first vote of the day. LINDA M. SPRINGER, OF PENNSYLVANIA, TO BE DIREC- The PRESIDING OFFICER. Without TOR OF THE OFFICE OF PERSONNEL MANAGEMENT FOR I also remind everyone that tomor- objection, it is so ordered. A TERM OF FOUR YEARS, VICE KAY COLES JAMES, RE- SIGNED. The resolution (S. Res. 93) was agreed row evening, after we have finished to. work on the State Department author- DEPARTMENT OF JUSTICE The preamble was agreed to. ization, our two policy committees will RACHEL BRAND, OF IOWA, TO BE AN ASSISTANT AT- have a debate on the issue of Social Se- TORNEY GENERAL, VICE DANIEL J. BRYANT, RESIGNED. The resolution, with its preamble, ALICE S. FISHER, OF VIRGINIA, TO BE AN ASSISTANT reads as follows: curity. This 70-minute debate will take ATTORNEY GENERAL, VICE CHRISTOPHER R. WRAY. place on the Senate floor, and I encour- REGINA B. SCHOFIELD, OF VIRGINIA, TO BE AN ASSIST- S. RES. 93 ANT ATTORNEY GENERAL, VICE DEBORAH J. DANIELS. Whereas Howell Heflin served as a United age all Members to listen to this im- IN THE AIR FORCE States Marine from 1942–1946 and was award- portant question-and-answer session. ed the Silver Star for bravery; We have a lot of work to do this THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas Howell Heflin served as Chief Jus- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- week, and given the events scheduled CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE tice of the Alabama Supreme Court from at the Vatican, and President AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 1971–1977; Yushchenko’s address to Congress on 601: Whereas Howell Heflin served the people of To be lieutenant general Alabama with distinction for 18 years in the Wednesday, we will need to make the United States Senate; and most of our time. Rollcall votes will LT. GEN. ARTHUR J. LICHTE, 0000 Whereas Howell Heflin served the Senate occur during tomorrow’s session and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT as Chairman of the Select Committee on throughout the remainder of the week IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Ethics in the ninety-sixth and one hundred- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE as we try to complete work on the AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION second Congresses; 601: Resolved, That the Senate has heard with State Department authorization. To be lieutenant general profound sorrow and deep regret the an- f nouncement of the death of the Honorable MAJ. GEN. ROBERT D. BISHOP, JR., 0000 ADJOURNMENT UNTIL 9:45 A.M. Howell T. Heflin, former member of the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT United States Senate. TOMORROW IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Resolved, That the Secretary of the Senate Mr. FRIST. Mr. President, if there is CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE communicate these resolutions to the House AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION no further business to come before the 601: of Representatives and transmit an enrolled copy thereof to the family of the deceased. Senate, I ask unanimous consent that To be lieutenant general Resolved, That when the Senate adjourns the Senate stand in adjournment under MAJ. GEN. CHRISTOPHER A. KELLY, 0000 today, it stand adjourned as a further mark the previous order and in accordance THE FOLLOWING NAMED OFFICER FOR APPOINTMENT of respect to the memory of the Honorable with the provisions of S. Res. 93 as a IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Howell T. Heflin. further mark of respect for our former CATED UNDER TITLE 10, U.S.C., SECTION 8069: f colleague, Senator Howell Heflin. To be major general ORDERS FOR TUESDAY, APRIL 5, There being no objection, the Senate, BRIG. GEN. MELISSA A. RANK, 0000 2005 at 7:17 p.m., adjourned until Tuesday, THE FOLLOWING NAMED OFFICERSS FOR APPOINT- April 5, 2005, at 9:45 a.m. MENT IN THE UNITED STATES AIR FORCE TO THE GRADE Mr. FRIST. Mr. President, I ask INDICATED UNDER TITLE 10, U.S.C., SECTION 624: unanimous consent that when the Sen- f To be brigadier general ate completes its business today, the NOMINATIONS SALVATORE A. ANGELLELA, 0000 Senate stand in adjournment until 9:45 ANDREW E. BUSCH, 0000 Executive nominations received by ARTHUR B. CAMERON III, 0000 a.m. on Tuesday, April 5. I further ask the Senate April 4, 2005: SUSAN Y. DESJARDINS, 0000 that following the prayer and pledge, RICHARD T. DEVEREAUX, 0000 DEPARTMENT OF DEFENSE JUDITH A. FEDDER, 0000 the morning hour be deemed expired, ERIC E. FIEL, 0000 the Journal of proceedings be approved KENNETH J. KRIEG, OF VIRGINIA, TO BE UNDER SEC- JONATHAN D. GEORGE, 0000 RETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, MARK W. GRAPER, 0000 to date, the time for the two leaders be AND LOGISTICS, VICE EDWARD C. ALDRIDGE, RESIGNED. BRADLEY A. HEITHOLD, 0000 reserved, and the Senate then begin a DEPARTMENT OF COMMERCE SUSAN J. HELMS, 0000 PETER F. HOENE, 0000 period of morning business for up to 60 DAVID A. SAMPSON, OF TEXAS, TO BE DEPUTY SEC- DARRELL D. JONES, 0000 minutes, with the first 30 minutes RETARY OF COMMERCE, VICE THEODORE WILLIAM DUANE A. JONES, 0000 KASSINGER. NOEL T. JONES, 0000 under the control of the majority lead- ROBERT C. KANE, 0000 er or his designee and the following 30 NATIONAL TRANSPORTATION SAFETY BOARD STANLEY T. KRESGE, 0000 minutes under the control of the MARK V. ROSENKER, OF MARYLAND, TO BE A MEMBER MICHAEL A. LONGORIA, 0000 OF THE NATIONAL TRANSPORTATION SAFETY BOARD CHARLES W. LYON, 0000 Democratic leader or his designee. I FOR A TERM EXPIRING DECEMBER 31, 2010 (REAPPOINT- OTIS G. MANNON, 0000 further ask unanimous consent that MENT) SUSAN K. MASHIKO, 0000 ELLEN G. ENGLEMAN CONNERS, OF INDIANA, TO BE DARREN W. MCDEW, 0000 the Senate recess from 12:30 p.m. until CHAIRMAN OF THE NATIONAL TRANSPORTATION SAFE- CLYDE D. MOORE II, 0000 2:15 p.m. for the weekly party lunch- TY BOARD FOR A TERM OF TWO YEARS. (REAPPOINT- DOUGLAS H. OWENS, 0000 MENT) JOHN I. PRAY, JR., 0000 eons. DAVID E. PRICE, 0000 The PRESIDING OFFICER. Without DEPARTMENT OF STATE PHILIP M. RUHLMAN, 0000 DAVID J. SCOTT, 0000 objection, it is so ordered. SEAN IAN MCCORMACK, OF THE DISTRICT OF COLUM- DANA A. SIMMONS, 0000 BIA, TO BE AN ASSISTANT SECRETARY OF STATE (PUB- PAULA G. THORNHILL, 0000 f LIC AFFAIRS), VICE RICHARD A. BOUCHER. SUZANNE M. VAUTRINOT, 0000 DEPARTMENT OF HEALTH AND HUMAN SERVICES DAVID B. WARNER, 0000 PROGRAM LAWRENCE L. WELLS, 0000 SUZANNE C. DEFRANCIS, OF MARYLAND, TO BE AN AS- JANET C. WOLFENBARGER, 0000 Mr. FRIST. Mr. President, tomorrow SISTANT SECRETARY OF HEALTH AND HUMAN SERV- DANIEL P. WOODWARD, 0000 the Senate will be in a period of morn- ICES, VICE KEVIN KEANE. SCOTT E. WUESTHOFF, 0000

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5549

IN THE ARMY BRIGADIER GENERAL WILLIAM D. WOFFORD, 0000 To be rear admiral (lower half) BRIGADIER GENERAL EDWARD L. WRIGHT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL MARK E. ZIRKELBACH, 0000 CAPT. MICHAEL D. HARDEE, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES NAVY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL MARCELO R. BERGQUIST, 0000 UNDER TITLE 10, U.S.C., SECTION 624: To be general COLONEL BARBARANETTE T. BOLDEN, 0000 COLONEL ELIZABETH A. BOURBEAU, 0000 To be rear admiral (lower half) LT. GEN. WILLIAM S. WALLACE, 0000 COLONEL ROBERT G. CARMICHAEL, JR., 0000 CAPT. TIMOTHY V. FLYNN III, 0000 COLONEL STEPHEN C. DABADIE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. CHARLES H. GODDARD, 0000 COLONEL ROBERT J. FELDERMAN, 0000 CAPT. JOHN C. ORZALLI, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL BRIAN W. GOODWIN, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL JOHN L. GRONSKI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL MATTHEW L. KAMBIC, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be lieutenant general COLONEL WILLIAM F. KUEHN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: COLONEL GERALD E. LANG, 0000 To be rear admiral (lower half) MAJ. GEN. DELL L. DAILEY, 0000 COLONEL ROBERT E. LIVINGSTON, JR., 0000 COLONEL VERNON L. LOWREY, 0000 CAPTAIN WILLIAM R. BURKE, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE COLONEL JOSE S. MAYORGA, 0000 CAPTAIN NEVIN P. CARR, JR., 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE COLONEL MATTHEW A. MCCOY, 0000 CAPTAIN PHILIP H. CULLOM, 0000 RESERVE OF THE ARMY TO THE GRADES INDICATED COLONEL TERRY W. SALTSMAN, 0000 CAPTAIN MARK I. FOX, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL JOYCE L. STEVENS, 0000 CAPTAIN WILLIAM D. FRENCH, 0000 To be major general COLONEL EDDY M. SPURGIN, 0000 CAPTAIN MICHAEL S. FRICK, 0000 COLONEL CHARLES L. YRIARTE, 0000 CAPTAIN TIMOTHY M. GIARDINA, 0000 BRIGADIER GENERAL ABNER C. BLALOCK, JR., 0000 COLONEL GREGORY J. ZANETTI, 0000 CAPTAIN ROBERT S. HARWARD, JR., 0000 BRIGADIER GENERAL DAN M. COLGLAZIER, 0000 CAPTAIN WILLIAM H. HILARIDES, 0000 BRIGADIER GENERAL BRUCE E. DAVIS, 0000 IN THE MARINE CORPS CAPTAIN DANIEL P. HOLLOWAY, 0000 BRIGADIER GENERAL JESSICA L. WRIGHT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN DOUGLAS J. MCANENY, 0000 To be brigadier general AS ASSISTANT COMMANDANT OF THE MARINE CORPS, CAPTAIN TERENCE E. MCKNIGHT, 0000 AND FOR APPOINTMENT TO THE GRADE INDICATED CAPTAIN DAVID J. MERCER, 0000 COLONEL LOUIS A. ABBENANTE, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAPTAIN JOHN W. MILLER, 0000 COLONEL PETER M. AYLWARD, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 5044 CAPTAIN MICHAEL S. OBRYAN, 0000 COLONEL JOHN E. DAVOREN, 0000 AND 601: CAPTAIN FRANK C. PANDOLFE, 0000 COLONEL JOSEPH B. DIBARTOLOMEO, 0000 CAPTAIN DAVID L. PHILMAN, 0000 COLONEL KEVIN G. ELLSWORTH, 0000 To be general CAPTAIN BRIAN C. PRINDLE, 0000 COLONEL BRUCE C. FRANDSEN, 0000 CAPTAIN DONALD P. QUINN, 0000 LT. GEN. ROBERT MAGNUS, 0000 COLONEL JOHN S. HARREL, 0000 CAPTAIN WILLIAM E. SHANNON III, 0000 COLONEL DUDLEY B. HODGES III, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN JAMES A. SYMONDS, 0000 COLONEL DENNIS E. JACOBSON, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE CAPTAIN STEPHEN S. VOETSCH, 0000 COLONEL DAVID L. JENNETTE, JR., 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- CAPTAIN JAMES P. WISECUP, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., COLONEL CALVIN S. JOHNSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECTION 601: COLONEL WILLIAM J. JOHNSON, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLONEL EDWARD A. LEACOCK, 0000 UNDER TITLE 10, U.S.C., SECTION 624: COLONEL HENRY C. MCCANN, 0000 To be lieutenant general COLONEL JOHN M. PERRYMAN, 0000 MAJ. GEN. JOHN G. CASTELLAW, 0000 To be rear admiral (lower half) COLONEL JACKIE S. SWOPE, 0000 COLONEL RANDAL E. THOMAS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. TONY L. COTHRON, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE COLONEL LARRY W. TRIPHAHN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING ARMY NATIONAL GUARD OF THE TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES OFFICERS FOR APPOINTMENT IN THE SECTION 601: RESERVE OF THE ARMY TO THE GRADES INDICATED To be rear admiral (lower half) UNDER TITLE 10, U.S.C.,SECTION 12203: To be lieutenant general CAPT. MOIRA N. FLANDERS, 0000 To be major general MAJ. GEN. EMERSON N. GARDNER, JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL JOHN P. BASILICA, JR., 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS TO THE GRADE BRIGADIER GENERAL RICHARD M. BLUNT, 0000 UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL DANNY H. HICKMAN, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- BRIGADIER GENERAL LAWRENCE F. LAFRENZ, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., To be rear admiral (lower half) BRIGADIER GENERAL MICHAEL B. PACE, 0000 SECTION 601: CAPT. MICHAEL A. BROWN, 0000 BRIGADIER GENERAL GARY A. QUICK, 0000 To be lieutenant general BRIGADIER GENERAL GLENN K. RIETH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL DONALD C. STORM, 0000 MAJ. GEN. JOSEPH F. WEBER, 0000 IN THE UNITED STATES NAVAL RESERVE TO THE GRADE BRIGADIER GENERAL ANTONIO J. VICENS-GONZALEZ, 0000 INDICATED UNDER TITLE 10, U.S.C ., SECTION 12203: IN THE NAVY BRIGADIER GENERAL WILLIAM H. WADE II, 0000 To be rear admiral (lower half) BRIGADIER GENERAL RONALD G. YOUNG, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPT. JULIUS S. CAESER, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAPT. WILLIAM P. LOEFFLER, 0000 COLONEL ROOSEVELT BARFIELD, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. LEE J. METCALF, 0000 COLONEL FRANK E. BATTS, 0000 CAPT. GARLAND P. WRIGHT, JR., 0000 COLONEL LAWRENCE W. BROCK III, 0000 To be vice admiral FOREIGN SERVICE COLONEL DENNIS L. CELLETI, 0000 REAR ADM. JOHN D. STUFFLEBEEM, 0000 COLONEL AUGUSTUS L. COLLINS, 0000 THE FOLLOWING-NAMED PERSONS OF THE AGENCIES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL TERRY R. COUNCIL, 0000 INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLONEL LESTER D. EISNER, 0000 FICERS OF THE CLASS STATED. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL FRANCIS P. GONZALES, 0000 FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL JOE L. HARKEY, 0000 CLASS TWO, CONSULAR OFFICER AND SECRETARY IN COLONEL GARY M. ISHIKAWA, 0000 To be rear admiral THE DIPLOMATIC SERVICE OF THE UNITED STATES OF COLONEL ALBERTO J. JIMENEZ, 0000 AMERICA: COLONEL FEDERICK J. JOHNSON, 0000 REAR ADM. (LH) HENRY BALAM TOMLIN III, 0000 COLONEL THOMAS H. KATKUS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF STATE COLONEL RANDALL A. KOCHERSPERGER, 0000 IN THE UNITED STATES NAVAL RESERVE TO THE GRADE CHRISTINE ELDER, OF VIRGINIA COLONEL DAVID A. LEWIS, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL MICHAEL R. LIECHTY, 0000 FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF COLONEL RANDY E. MANNER, 0000 To be rear admiral CLASS THREE, CONSULAR OFFICER AND SECRETARY IN COLONEL JEFFERY E. MARSHALL, 0000 THE DIPLOMATIC SERVICE OF THE UNITED STATES OF COLONEL MABRY E. MARTIN, 0000 REAR ADM. (LH) CRAIG O. MCDONALD, 0000 AMERICA: COLONEL THOMAS D. MILLS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL OLIN O. OEDEKOVEN, 0000 IN THE UNITED STATES NAVAL RESERVE TO THE GRADE DEPARTMENT OF STATE COLONEL FREDRIC D. SHEPPARD, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JOHN O. BALIAN, OF VIRGINIA COLONEL ROBERT J. UDLAND, 0000 To be rear admiral DEBORAH J. FAIRMAN, OF FLORIDA COLONEL FREDDIE R. WAGGONER, 0000 ALMA R. GURSKI, OF TEXAS CHANH TIET NGUYEN, OF VIRGINIA THE FOLLOWING ARMY NATIONAL GUARD OF THE REAR ADM. (LH) BEN F. GAUMER, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF RESERVE OF THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE TO THE GRADE CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN UNDER TITLE 10, U.S.C., SECTION 12203: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE DIPLOMATIC SERVICE OF THE UNITED STATES OF To be major general To be rear admiral AMERICA: DEPARTMENT OF STATE BRIGADIER GENERAL JOHN E. BARNETTE, 0000 REAR ADM. (LH) RAYMOND K. ALEXANDER, 0000 BRIGADIER GENERAL WILLIARD C. BROADWATER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT B. BIX ALIU, OF ILLINOIS BRIGADIER GENERAL DAVID P. BURFORD, 0000 IN THE UNITED STATES NAVAL RESERVE TO THE GRADE ROBERT S. ALLISON, OF MISSOURI BRIGADIER GENERAL RONALD S. CHASTAIN, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: EUGENE JOSEPH ARNOLD, OF MISSOURI BRIGADIER GENERAL STEPHEN D. COLLINS, 0000 EUGENE BAE, OF KANSAS BRIGADIER GENERAL DALLAS W. FANNING, 0000 To be rear admiral PAUL R. BALDWIN, OF WASHINGTON BRIGADIER GENERAL JAMES E. FLETCHER, 0000 MARIETTA LOUISE BARTOLETTI, OF CALIFORNIA BRIGADIER GENERAL TIMOTHY M. KENNEDY, 0000 REAR ADM. (LH) DAVID O. ANDERSON, 0000 KAREN REDDINGER BEL, OF LOUISIANA BRIGADIER GENERAL MITCHELL R. LECLAIRE, 0000 REAR ADM. (LH) HUGO G. BLACKWOOD, 0000 RUTH BENNETT, OF FLORIDA BRIGADIER GENERAL JOHN W. LIBBY, 0000 REAR ADM. (LH) DIRK J. DEBBINK, 0000 JANE ELLEN BOCKLAGE, OF TEXAS BRIGADIER GENERAL RANDALL D. MOSLEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CLAYTON ALAN BOND, OF THE DISTRICT OF COLUMBIA BRIGADIER GENERAL CHARLES G. RODRIGUEZ, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED STEPHANIE L. BOWERS, OF OHIO BRIGADIER GENERAL PERRY G. SMITH, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CYNTHIA ANELA BROWN, OF CALIFORNIA

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5550 CONGRESSIONAL RECORD—SENATE April 4, 2005

STEPHANIE A. BUNCE, OF VIRGINIA JOHN B. EMERY, OF MASSACHUSETTS NANCY TOOLAN, OF FLORIDA SHARON LEE CARPER, OF VIRGINIA YARYNA N. FERENCEVYCH, OF NEW JERSEY RAYMOND A. CASTILLO, OF THE DISTRICT OF COLUMBIA JONATHAN PATRICK FLOSS, OF NEW YORK FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF SHANNON NAGY CAZEAU, OF IDAHO RODNEY DELANEY FORD, OF TENNESSEE CLASS THREE, CONSULAR OFFICER AND SECRETARY IN STEVEN CHAN, OF HAWAII JEFFREY GLEN GIAUQUE, OF UTAH THE DIPLOMATIC SERVICE OF THE UNITED STATES OF TIMOTHY L. CIPULLO, OF COLORADO BRIAN MITCHELL GIBEL, OF NEW YORK AMERICA: MICHAEL D. COLE, OF COLORADO LARA KRISTEN HARRIS, OF ARIZONA AGENCY FOR INTERNATIONAL DEVELOPMENT JANAE ELIZABETH COOLEY, OF MICHIGAN JEFFREY R. IZZO, OF NEW YORK KAREN N. COVERT, OF FLORIDA KIT ALLISON JUNGE, OF WASHINGTON MOHAMED K. ABDOU, OF CALIFORNIA LAURA GABRIELLE COWAN, OF TENNESSEE KRISTIN M. KANE, OF CALIFORNIA HUGO A. JIMENEZ, OF VIRGINIA TRICIA B. CYPHER, OF PENNSYLVANIA JOHN O. KINDER, OF VIRGINIA DEPARTMENT OF STATE CHRISTINE MARIE VITTORIA DAL BELLO, OF CALIFORNIA ROBERT TODD KOEPCKE, OF PENNSYLVANIA JAMES R. DAYRINGER, OF MISSOURI ALEXEI T. KRAL, OF NEW YORK DON DORRELL CURTIS, OF THE DISTRICT OF COLUMBIA JESSIE DEBUSSCHERE, OF CALIFORNIA PREM GANESH KUMAR, OF NEW YORK CARON MARYLA JEAN EMERSON DE MARS, OF TEXAS CLARK DARROW LEDGER, OF NEVADA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN DANA DAVID DEREE, OF ARKANSAS LINDA BERYL LEE, OF OREGON SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- MARGARET BRUMFIELD DIOP, OF CALIFORNIA LESLIE C. LIVINGOOD, OF FLORIDA TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED GREGORY P. DRAZEK, OF MARYLAND BIRGITTA S. MATTINGLEY, OF VIRGINIA STATES OF AMERICA, AS INDICATED: CONSULAR OFFI- MICHAEL L. DUNKLEY, SR., OF VIRGINIA MARK RICHARD NACHTRIEB, OF MARYLAND CERS AND SECRETARIES IN THE DIPLOMATIC SERVICE KATHLEEN MARIE EAGEN, OF THE DISTRICT OF COLUM- ROBERT C. NEWSOME, OF VIRGINIA OF THE UNITED STATES OF AMERICA: BIA MARIA CRISTINA NOVO, OF FLORIDA DEPARTMENT OF COMMERCE SCOTT R. FAGAN, OF VIRGINIA VINCENT J. O’BRIEN, OF FLORIDA SHARON E. FEISER, OF FLORIDA LEYLA L. ONES, OF FLORIDA JEANNETTE L. CHU, OF VIRGINIA DAVID M. FORAN, OF CONNECTICUT JEFFREY CARL PATMORE, OF CALIFORNIA KENNETH C. DUCKWORTH, OF MARYLAND DANIELLE N. GARBE, OF WASHINGTON MARISA LEIGH PLOWDEN, OF NEVADA MARK C. ELLIOTT, OF THE DISTRICT OF COLUMBIA KEITH RICHARD GILGES, OF FLORIDA THOMAS E. REOTT, OF OHIO WILLIAM P. THORN, JR., OF VIRGINIA ALEX D. GREENSTEIN, OF THE DISTRICT OF COLUMBIA MATTHEW SANDELANDS, OF CALIFORNIA DEPARTMENT OF STATE MEGHAN GREGONIS, OF PENNSYLVANIA FATUMA YASSIN SANNEH, OF MICHIGAN SARAH L. GROEN, OF NEW HAMPSHIRE ELIZABETH N. SCHWEFLER, OF FLORIDA ALYCE N. ABDALLA, OF NEW YORK HUGO A. GUEVARA, OF FLORIDA KAREN M SMITH, OF UTAH MICHAEL A. AGUILERA, OF WASHINGTON RYAN D. HALEY, OF NEW HAMPSHIRE WILLIAM W. SULLIVAN, OF TEXAS DAVID CHRISTOPHER ALLEN, OF VIRGINIA TIM O’NILEE HALL III, OF SOUTH CAROLINA TIMOTHY DALE SWANSON, OF NEBRASKA CHRIS L. ANDINO, OF THE DISTRICT OF COLUMBIA MICHAEL HANKEY, OF THE DISTRICT OF COLUMBIA SARAH OLIVIA TAKATS, OF NEW YORK ALFREDO ARCILA, OF VIRGINIA PAUL QUENTIN HARRISON, OF TENNESSEE WILLIAM R. TALIAFERRO, OF OREGON KERRI ANN ARDNER, OF VIRGINIA MALIA V. HEROUX, OF FLORIDA ELIA E. TELLO, OF NORTH DAKOTA DANIEL JOHN ATHERTON, OF MARYLAND CATHERINE ELIZABETH HOLT, OF CALIFORNIA SCOTT COOPER TURNER, OF WASHINGTON KARA E. AYLWARD, OF NEW JERSEY MICHAEL DAVID HONIGSTEIN, OF FLORIDA SCOTT EUGENE URBOM, OF WASHINGTON K. RICHARD BANGERTER, OF VIRGINIA JOSHUA REUBEN HUCK, OF NEW YORK JOHN KOKE WATSON, OF VIRGINIA MEGAN S. BARTHOLOMEW, OF NORTH CAROLINA JOAN E. KANE, OF CALIFORNIA GWENDOLYN SIEFERT WEBB, OF TEXAS ARTHUR J. BELL, OF CALIFORNIA PAULINE A. KAO, OF WASHINGTON JOANNA ROSE WEINZ, OF CONNECTICUT ANDREW O. BENNETT, OF VIRGINIA KATHLEEN T. KERR, OF FLORIDA GREGORY S. WIEGAND, OF FLORIDA KATHARINE E. BERNSOHN, OF THE DISTRICT OF COLUM- ALLISON J. LEE, OF OHIO L. KIRK WOLCOTT, OF WASHINGTON BIA ROSEMARY RAUSCH MACRAY, OF FLORIDA ROBERT B. YOUNG, OF CALIFORNIA HILARY ELIZABETH BEVERAGE, OF VIRGINIA PETER J. MARIGLIANO, OF VIRGINIA MASON YU, OF WASHINGTON JENNIFER E. BLAND, OF VIRGINIA DAVID JOSEPH MCGUIRE, OF TENNESSEE REBECCA M. BODEN, OF VIRGINIA ANDREW J. MCLEAN, OF OHIO THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN CHRISTIAN J.H. BOLLINGER, OF VIRGINIA JOSEPH B. MELLOTT, OF THE DISTRICT OF COLUMBIA SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- TAMERA A. BOWCUTT, OF VIRGINIA BIANCA E. MENENDEZ, OF VIRGINIA TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED TRACYE M. BOYD, OF VIRGINIA JOHN DAVID NYLIN, OF CALIFORNIA STATES OF AMERICA, AS INDICATED: CONSULAR OFFI- WENDY S. BRAFMAN, OF SOUTH CAROLINA DANIEL B. O’CONNOR, OF MARYLAND CERS AND SECRETARIES IN THE DIPLOMATIC SERVICE ERIC J. BRAZIER, OF VIRGINIA ERIKA OLSON, OF WASHINGTON OF THE UNITED STATES OF AMERICA: TIMOTHY M. BRYS, OF VIRGINIA RICHARD JOSEPH O’SHEA, OF NEW YORK DEPARTMENT OF COMMERCE EDWARD ALLEN BURKHALTER III, OF VIRGINIA ANDREW HAK OU, OF CALIFORNIA LEE A. CALKINS, OF WASHINGTON LEAH MICHELLE PEASE, OF CALIFORNIA AARON M. HELD, OF CALIFORNIA THERESA H. CANAVAN, OF VIRGINIA CALVIN DALE PETERSON, JR., OF WEST VIRGINIA DAO M. LE, OF CALIFORNIA PAMELA CAPLIS, OF NEW YORK KATHARINE MONIQUE READ, OF CALIFORNIA ROSALIE L. PARKER, OF FLORIDA MARYLOU CARDELLI-SNYDER, OF VIRGINIA JEANETTE M. REBERT, OF FLORIDA MICHAEL K. RUFE, OF FLORIDA MARK P. CARR, OF THE DISTRICT OF COLUMBIA DANIEL MOSHE RENNA, OF NEW JERSEY DEPARTMENT OF STATE RANDY W. CARTWRIGHT, OF VIRGINIA RYAN DEAN ROWLANDS, OF CALIFORNIA ANTONIA E. CASSARINO, OF VERMONT ERIN E. RUPPRECHT, OF VIRGINIA JAMES A. ABBOTT, OF VIRGINIA MARK A. CAUDILL, OF VIRGINIA ANN MOFFETT RYAN, OF FLORIDA MICHAEL P. ALTHOFF, OF VIRGINIA SETH J. CAVANAUGH, OF THE DISTRICT OF COLUMBIA DAVID M. SCHNIER, OF CALIFORNIA PENELOPE SNARE ANGULO, OF VIRGINIA HUNTER B. CHEN, OF CALIFORNIA KERRY ANN O’CONNOR SCHNIER, OF CALIFORNIA T. ALEXANDER ANYSE, OF VIRGINIA DIANNA NEESE CHIANIS, OF TEXAS MARK A. STAMILIO, OF VIRGINIA WHITNEY L.M. BABASH, OF VIRGINIA CECILIA SUEGIN CHO, OF NEW JERSEY MOLLY L. STEPHENSON, OF VIRGINIA ANNALISA BROOKS, OF MARYLAND CORBIN TYLER COWLEY, OF VIRGINIA LINDA S. STIRLING, OF CALIFORNIA ANTHONY BURGOS, OF VIRGINIA AMY COX, OF TEXAS ZEENAT MUNSHI SYED, OF TEXAS DIEGO FRANK BURNS, OF VIRGINIA LEARNED DEES, OF THE DISTRICT OF COLUMBIA ZIA SHAMIM SYED, OF TEXAS PEACE S. COYLE, OF VIRGINIA JOHN LYNWOOD DENT, OF VIRGINIA ERIN YVONNE TARIOT, OF MASSACHUSETTS DEBRA EIYNCK, OF VIRGINIA DANIELA DIPIERRO, OF MASSACHUSETTS ROBERT WARREN THOMAS, OF TEXAS LARRY L. ELLETSON, OF MARYLAND TIMOTHY PATRICK DOUGHERTY, OF CALIFORNIA SHAWN L. WADDOUPS, OF UTAH LISA I. ERWIN, OF VIRGINIA DAVID J. DRINKARD, OF MISSOURI NICOLE E. WEBER, OF NEW JERSEY DAVID R. FLYNN, OF VIRGINIA JOHN HOLMES DUNNE, OF ALASKA HARVEY A. WECHSLER, OF NEW YORK WANDA FRANKLIN GABRIEL, OF THE DISTRICT OF CO- HEATHER GRACE EATON, OF CALIFORNIA STEVEN T. WESTON, OF VIRGINIA LUMBIA TIMOTHY JOHN ENRIGHT, OF VIRGINIA TODD R. WHATLEY, OF TEXAS TINA GALLOWAY, OF VIRGINIA ARTHUR THOMPSON EVANS, OF THE DISTRICT OF CO- JAMES B. WILLIAMS, OF ALABAMA GARY C. GEATING, OF THE DISTRICT OF COLUMBIA LUMBIA WILEY JACKSON WILLIAMS III, OF VIRGINIA MICHAEL D. GROSE, OF VIRGINIA MATTHEW ALEXANDER FERENCE, OF WASHINGTON THOMAS W. WOLF, OF CONNECTICUT MICHAEL L. JACKMAN, OF VIRGINIA BRIAN FERINDEN, OF FLORIDA MARK EDWARD WOOD, OF FLORIDA MAX S. KABLE, OF VIRGINIA ERIC M. FRATER, OF CALIFORNIA SAMANTHA CARL YODER, OF NEW YORK FAYE D. LAIDLAW, OF VIRGINIA CHRISTOPHER J. FRIEDRICH, OF FLORIDA JASON WILLIAM LAMBERT, OF THE DISTRICT OF COLUM- LILIANA GABRIEL, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES BIA MATHEW J. GERARD, OF VIRGINIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- ROGER PAUL LYRENMANN, OF MARYLAND LLOYD F. GLENN III, OF VIRGINIA FICERS OF THE CLASS STATED. FOR APPOINTMENT AS JENNIFER L. MATTHEWS, OF VIRGINIA JOSHUA W. GOLDBERG, OF THE DISTRICT OF COLUMBIA FOREIGN SERVICE OFFICER OF CLASS THREE, CONSULAR SHANNON MARIE MCDANIEL, OF VIRGINIA DONNA Y. GOODWIN, OF VIRGINIA OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE CHRISTINA JOHNSTON MCLEAN, OF VIRGINIA ALDEN GREENE, OF FLORIDA OF THE UNITED STATES OF AMERICA: STEVEN A. RETTINGER, OF VIRGINIA BRENT ERIC GREENFIELD, OF VIRGINIA DEPARTMENT OF COMMERCE AMY JO ROLLINS, OF VIRGINIA ANAIDA KRISTINA HAAS, OF VIRGINIA ANDREW J. ROTH, OF VIRGINIA JOSHUA ALEKSANDR HARMAN, OF VIRGINIA TODD B. AVERY, OF FLORIDA TIMOTHY JAMES RUND, OF VIRGINIA JENNIFER DIANA HARRIS, OF COLORADO DEPARTMENT OF STATE DAVID D. SANTOS, OF VIRGINIA ROCHELLE L. HARRIS, OF THE DISTRICT OF COLUMBIA TERESA L. SCHAUER, OF VIRGINIA CHRIS HENSMAN, OF RHODE ISLAND ROBERT C. DE WITT, OF TEXAS JOHN C. SIDEBOTTOM, OF VIRGINIA JUSTIN HEUNG, OF THE DISTRICT OF COLUMBIA PATRICIA GASKILL, OF CALIFORNIA CHRISTIE R. SULLIVAN, OF VIRGINIA KELLI A. HOLDEN, OF NEW YORK JUDES E. STELLINGWERF, OF CALIFORNIA JARROD C. TISDELL, OF VIRGINIA NOEL P. JOHNSON, OF VIRGINIA GERARDO URTEAGA, OF VIRGINIA CHRISTOPHER B. JOHNSTONE, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF HUGUES JACQUES VERRIER, OF THE DISTRICT OF CO- BRIAN E. JONES, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN LUMBIA JACQUELINE SMITH JONES, OF PENNSYLVANIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SOPHIA C. WANG, OF VIRGINIA VIVEK JOSHI, OF MASSACHUSETTS AMERICA: PETER K. WATTS, OF VIRGINIA PETER KAUFMAN, OF THE DISTRICT OF COLUMBIA DEPARTMENT OF STATE JOHN P. YORRO, OF THE DISTRICT OF COLUMBIA TIMOTHY KIEFER, OF WISCONSIN LAWRENCE JOHN KIMMEL, OF WASHINGTON JACK ANDERSON, OF MINNESOTA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES KAKU KIMURA, OF VIRGINIA MATTHEW C. AUSTIN, OF WASHINGTON INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- SCOTT LAVICTOR, OF MICHIGAN LANE DARNELL BAHL, OF CONNECTICUT FICERS OF THE CLASS STATED. FOR APPOINTMENT AS PETER H. LEE, OF CALIFORNIA MARK D. BARON, OF CALIFORNIA FOREIGN SERVICE OFFICER OF CLASS TWO, CONSULAR DEBORAH BERNS LINGWOOD, OF FLORIDA SUSAN E. BRIDENSTINE, OF IOWA OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE JEFFREY T. LODERMEIER, OF MINNESOTA CLINTON S. BROWN, OF NEW YORK OF THE UNITED STATES OF AMERICA: ELIZABETH C. MACKENZIE BIEDELL, OF VIRGINIA AARON M. COPE, OF WASHINGTON AGENCY FOR INTERNATIONAL DEVELOPMENT HONG-GEOK T. MAERKLE, OF CALIFORNIA JONATHAN W. DUBLIN, OF WASHINGTON MARCEL E. MARTINEZ, OF VIRGINIA CECELIA K. EL KHATIB, OF VIRGINIA MICHAEL HUTCHINSON, OF WASHINGTON JIMMY RAY MAULDIN, OF ALABAMA POLLY A. EMERICK, OF WASHINGTON ALICIA T. PEGUES, OF TEXAS WHITNEY L. MCCRAY, OF MARYLAND

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 CONGRESSIONAL RECORD—SENATE 5551

BRIAN DALE MCCUEN, OF VIRGINIA CHRISTOPHER SHAY, OF CALIFORNIA GRADES INDICATED IN THE NATIONAL OCEANIC AND AT- CAROLYN K. MCCULLOUGH, OF CALIFORNIA JASON W. SHEETS, OF CALIFORNIA MOSPHERIC ADMINISTRATION: JULIE S. MCGUINNESS, OF VIRGINIA JOAN B. SIEGEL, OF MARYLAND ROSANNA M. MINCHEW, OF VIRGINIA JON R. SIKORSKI, OF VIRGINIA To be lieutenant SUMREEN MIRZA, OF CALIFORNIA ANDREW LEWIS SISK, OF NORTH CAROLINA PAUL ANDREW KUNICKI GLADYS ANGEL MOREAU, OF CALIFORNIA TYLER K. SPARKS, OF ILLINOIS STEPHANIE FORMAN MORIMURA, OF NEW YORK BROOKE PATIENCE SPELMAN, OF VIRGINIA To be lieutenant junior grade KATRINA SARAH MOSSER, OF MINNESOTA EDWARD M. SPRINGER, JR., OF MARYLAND PAUL WAYNE KEMP CARLA T. NADEAU, OF THE DISTRICT OF COLUMBIA RAYMOND W. STEPHENS III, OF NEW YORK NANCY P. NELSON, OF VIRGINIA CHARLES STEYER, OF FLORIDA To be ensign KEVIN HARRIS O’CONNOR, OF CALIFORNIA ADAM C. STONE, OF THE DISTRICT OF COLUMBIA ELLEN E. O’NEILL, OF VIRGINIA CAROLYN J. STURLEY, OF VIRGINIA REBECCA J. ALMEIDA SPENCER PACKER, OF VIRGINIA UYEN TANG, OF PENNSYLVANIA AMY B. COX ANTHONY R. PAGLIAI, OF FLORIDA TARA M. TELESHA, OF VIRGINIA JONATHAN R. FRENCH DAVID THOMAS PARADISE, OF ILLINOIS DAISON V. THOMAS, OF THE DISTRICT OF COLUMBIA MICHAEL O. GONSALVES BINDI K. PATEL, OF THE DISTRICT OF COLUMBIA VIKI D. THOMSON, OF ILLINOIS SAMUEL F. GREENAWAY SANDEEP K. PAUL, OF MASSACHUSETTS ROBERT A. TOLLEY, OF VIRGINIA TRACY L. HAMBURGER SARAH CATHERINE PECK, OF MASSACHUSETTS PAUL S. HEMMICK JOHN A. PEREZ, OF VIRGINIA JOAQUIN TRUJILLO, TRUJILLO, PH.D., OF VIRGINIA N. PAULA TURNEY, OF VIRGINIA OLIVIA A. HAUSER ADAM W. PERIN, OF VIRGINIA MATTHEW J. JASKOSKI DANIEL M. PERRY, OF NEW YORK ELEANOR J. TYLER, OF ILLINOIS PAUL M. VALDEZ, OF TEXAS STEPHEN C. KUZIRIAN ROBERT W. PIEHEL, OF MARYLAND DANIEL E. ORR DOUGLAS L. POPOVICH, OF VIRGINIA STEVE VALENTIN, OF VIRGINIA MARY F. VALENTINO, OF THE DISTRICT OF COLUMBIA TONY PERRY III MICHAEL D. QUINLAN, OF HAWAII LINDSEY M. VANDENBERG IDRIS A. RAHIMI, OF VIRGINIA NAOMI JOYCE WALCOTT, OF MARYLAND AROOSHA Z. RANA, OF NEW YORK JOHN WILLIAM WHITELEY, OF ILLINOIS f BRIAN A. RANDALL, OF IOWA ERIC C. WHITTINGTON, OF VIRGINIA SEAN G. REILLY, OF VIRGINIA BROOKE LEANNE WILLIAMS, OF CALIFORNIA MELISSA G. RHODES, OF VIRGINIA ELISE E. WILLIAMSON, OF VIRGINIA WITHDRAWAL BRADLY J. ROBERSON, OF CALIFORNIA DAVID R. WILLIS, OF VIRGINIA BRADY ROBERTS, OF THE DISTRICT OF COLUMBIA KEITH M. WOODWELL, OF VIRGINIA Executive Message transmitted by NELL ELIZABETH ROBINSON, OF CONNECTICUT WILLIE FITZGERALD WRIGHT, OF VIRGINIA the President to the Senate on April 4, CHARLES WILSON RUARK III, OF GEORGIA ANDREW P. YEATMAN, OF VIRGINIA ALEXIS DIANNE SATHER, OF VIRGINIA MATTHEW BRANDT YOUNGER, OF OREGON 2005 withdrawing from further Senate MARY F. SATTAZAHN, OF VIRGINIA MARIE ZULUETA, OF VIRGINIA consideration the following nomina- STEPHANIE L. SCHAECKERMANN, OF VIRGINIA GARY E. SCHAEFER, OF COLORADO NATIONAL OCEANIC AND ATMOSPHERIC tion: MATTHEW B. SCOTT, OF VIRGINIA ADMINISTRATION CLAUDE M. KICKLIGHTER, OF GEORGIA, TO BE A MEM- TRENT P. SEAGER, OF VIRGINIA BER OF THE DEFENSE BASE CLOSURE AND REALIGN- JEFFRY D. SEALS, OF VIRGINIA SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE MENT COMMISSION, WHICH WAS SENT TO THE SENATE SARAH FAKHRI SHABBIR, OF GEORGIA FOLLOWING FOR PERMANENT APPOINTMENT TO THE ON MARCH 15, 2005.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5552 EXTENSIONS OF REMARKS April 4, 2005 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS Member of the Board of Trustees of the death or serious bodily injury to any Morris K. Udall Scholarship and Excel- person while on board a passenger ves- Title IV of Senate Resolution 4, lence in National Environmental Pol- sel, S. 119, to provide for the protection agreed to by the Senate on February 4, icy Foundation. of unaccompanied alien children, S. 1977, calls for establishment of a sys- SD–406 629, to amend chapter 97 of title 18, tem for a computerized schedule of all Health, Education, Labor, and Pensions United States Code, relating to pro- meetings and hearings of Senate com- To hold hearings to examine health care tecting against attacks on railroads mittees, subcommittees, joint commit- provided to non-ambulatory persons. and other mass transportation sys- tees, and committees of conference. SD–562 tems, and the nominations of Terrence Appropriations W. Boyle, of North Carolina, to be This title requires all such committees Labor, Health and Human Services, and United States Circuit Judge for the to notify the Office of the Senate Daily Education Subcommittee Fourth Circuit, Priscilla Richman Digest—designated by the Rules Com- To hold hearings to examine the pro- Owen, of Texas, to be United States mittee—of the time, place, and purpose posed budget estimates for fiscal year Circuit Judge for the Fifth Circuit, of the meetings, when scheduled, and 2006 for the National Institutes of Robert J. Conrad, Jr., to be United any cancellations or changes in the Health. States District Judge for the Western meetings as they occur. SD–124 District of North Carolina, James C. Armed Services Dever III, to be United States District As an additional procedure along Readiness and Management Support Sub- Judge for the Eastern District of North with the computerization of this infor- committee Carolina, and Thomas B. Griffith, of mation, the Office of the Senate Daily To hold hearings to examine military in- Utah, to be United States Circuit Digest will prepare this information for stallation programs in review of the Judge for the District of Columbia Cir- printing in the Extensions of Remarks Defense Authorization Request for fis- cuit. section of the CONGRESSIONAL RECORD cal year 2006. SD–226 on Monday and Wednesday of each SR–232A Appropriations 10 a.m. week. Transportation, Treasury and General Energy and Natural Resources Government Subcommittee Meetings scheduled for Tuesday, To hold hearings to examine the nomina- To hold hearings to examine the pro- April 5, 2005 may be found in the Daily tion of David Garman, of Virginia, to posed budget estimates for fiscal year Digest of today’s RECORD. be Under Secretary of Energy. 2006 for the Internal Revenue Service. SD–366 MEETINGS SCHEDULED SD–138 2 p.m. 10 a.m. Appropriations Banking, Housing, and Urban Affairs APRIL 6 Business meeting to markup the Emer- To continue hearings to examine regu- 9:15 a.m. gency Supplemental bill for fiscal year latory reform of the Government-Spon- Agriculture, Nutrition, and Forestry 2005. sored Enterprises. To hold hearings to examine the nomina- SD–106 SD–538 tion of Charles F. Conner, of Indiana, 2:30 p.m. Health, Education, Labor, and Pensions to be Deputy Secretary of Agriculture. Armed Services To hold hearings to examine the future SR–336 Airland Subcommittee viability of the U.S. Postal Service. 9:30 a.m. To hold hearings to examine tactical SD–342 Banking, Housing, and Urban Affairs aviation programs in review of the De- Homeland Security and Governmental Af- To hold hearings to examine regulatory fense Authorization request for fiscal fairs reform of the Government-Sponsored year 2006. To hold hearings to examine the ongoing Enterprises. SR–232A need for comprehensive postal reform. SD–538 Commission on Security and Cooperation SD–342 Appropriations in Europe Veterans’ Affairs Defense Subcommittee To hold hearings to examine the efforts To hold hearings to examine the nomina- To hold hearings to examine the pro- of the Chabad community and the U.S. tion of Jonathan Brian Perlin, of Mary- posed budget estimates for fiscal year Government to recover the land, to be Under Secretary of Vet- 2006 for the Air Force. ‘‘Schneerson Collection’’ of Jewish erans Affairs for Health. SD–192 books and manuscripts from the Rus- SR–418 Environment and Public Works sian Government. 1 p.m. To hold hearings to examine the nomina- SH–216 Commission on Security and Cooperation tions of Stephen L. Johnson, of Mary- in Europe land, to be Administrator of the Envi- APRIL 7 To hold hearings to examine the recent ronmental Protection Agency, Luis 9:30 a.m. revolution in Kyrgyzstan and the pros- Luna, of Maryland, to be an Assistant Foreign Relations pects now for consolidating democracy, Administrator of the Environmental To hold hearings to examine the nomina- focusing on the implications for Cen- Protection Agency for Administration tions of John Robert Bolton, of Mary- tral Asia, Belarus, Russia and the and Resource Management, John Paul land, to be U.S. Representative to United States. Woodley, Jr., of Virginia, to be an As- United Nations, with the rank and sta- SD–406 sistant Secretary of the Army for Civil tus of Ambassador and U.S. Represent- 2 p.m. Works, Major General Don T. Riley, ative in the Security Council of the Commerce, Science, and Transportation United States Army, to be a Member United Nations, and Representative to To hold hearings to examine the Presi- and President of the Mississippi River the Sessions of the General Assembly dent’s proposed budget request for fis- Commission, Brigadier General Wil- of the United Nations during his tenure cal year 2006 for the Department of liam T. Grisoli, United States Army, to of service as Representative of the Homeland Security’s Transportation be a Member of the Mississippi River United States of America to the United Security Administration and related Commission, D. Michael Rappoport, of Nations. programs. Arizona, to be a Member of the Board SH–216 SR–253 of Trustees of the Morris K. Udall Judiciary Appropriations Scholarship and Excellence in National Business meeting to consider S. 378, to Energy and Water Subcommittee Environmental Policy Foundation, and make it a criminal act to willfully use To hold hearings to examine the pro- Michael Butler, of Tennessee, to be a a weapon with the intent to cause posed budget estimates for fiscal year

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

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE April 4, 2005 EXTENSIONS OF REMARKS 5553 2006 for the Corps of Engineers and the other planned construction, and future of the Defense Authorization Request Bureau of Reclamation. development plans. for fiscal year 2006. SD–138 SD–366 SR–222 2:30 p.m. Armed Services Homeland Security and Governmental Af- SeaPower Subcommittee APRIL 21 fairs To hold closed hearings to examine Navy 9:30 a.m. Business meeting to consider S. 21, to shipbuilding and industrial base status Foreign Relations provide for homeland security grant in review of the Defense Authorization To hold hearings to examine the anti- coordination and simplification, S. 335, Request for fiscal year 2006; to be fol- corruption strategies of the African to reauthorize the Congressional lowed by an open hearing in SR–232A. Development Bank, Asian Development Award Act, S. 494, to amend chapter 23 SR–222 Bank and European Bank on Recon- of title 5, United States Code, to clarify struction and Development. the disclosures of information pro- APRIL 13 SD–419 tected from prohibited personnel prac- 9:30 a.m. 10 a.m. tices, require a statement in nondisclo- Foreign Relations Veterans’ Affairs sure policies, forms, and agreements To hold hearings to examine the nomina- To hold joint hearings with the House that such policies, forms, and agree- tions of Daniel Fried, of the District of Committee on Veterans Affairs to ex- ments conform with certain disclosure Columbia, to be an Assistant Secretary amine the legislative presentations of protections, provide certain authority of State for European Affairs, and Rob- the Fleet Reserve Association, the Air for the Special Counsel, S. 501, to pro- ert Joseph, of Virginia, to be Under Force Sergeants Association, the Re- vide a site for the National Women’s Secretary of State for Arms Control tired Enlisted Association, and the History Museum in the District of Co- and International Security. Gold Star Wives of America. lumbia, and certain committee reports. SD–419 345 CHOB SD–342 Indian Affairs Judiciary To hold hearings to examine the patent To hold oversight hearings to examine APRIL 27 system today and tomorrow. Indian Health. 9:30 a.m. SD–226 SR–485 Indian Affairs Armed Services Judiciary To hold oversight hearings to examine Strategic Forces Subcommittee To hold hearings to examine securing regulation of Indian gaming. To hold hearings to examine Ballistic electronic personal data, focusing on SR–485 Missile Defense Programs in review of striking a balance between privacy and the Defense Authorization Request for commercial and governmental use. APRIL 28 SD–226 fiscal year 2006. 10 a.m. 10 a.m. SR–222 Foreign Relations Small Business and Entrepreneurship To hold hearings to examine U.S. Assist- To hold hearings to examine the small APRIL 11 ance to Sudan and the Darfur Crisis. business health care crisis focusing on 2 p.m. SH–216 alternatives for lowering costs and cov- Commerce, Science, and Transportation ering the uninsured. To hold hearings to examine S. 241, to MAY 11 SR–428A amend section 254 of the Communica- 9:30 a.m. tions Act of 1934 to provide that funds APRIL 14 Judiciary received as universal service contribu- To hold an oversight hearing to examine 10 a.m. tions and the universal service support the Federal Bureau of Investigation’s Veterans’ Affairs programs established pursuant to that translation program. To hold joint hearings with the House section are not subject to certain pro- SD–226 visions of title 31, United States Code, Committee on Veterans Affairs to ex- amine the legislative presentations of commonly known as the Antideficiency SEPTEMBER 20 Act. the Military Officers Association of 10 a.m. SR–385 America, the National Association of State Director of Veterans Affairs, Veterans’ Affairs To hold joint hearings with the House APRIL 12 AMVETS, the American Ex-Prisoners of War, and Vietnam Veterans of Amer- Committee on Veterans Affairs to ex- 9:30 a.m. ica. amine the legislative presentation of Foreign Relations 345 CHOB the American Legion. To hold hearings to examine U.S. agri- 345 CHOB cultural sales to Cuba. APRIL 19 SD–419 10 a.m. 10 a.m. POSTPONEMENTS Energy and Natural Resources Foreign Relations To hold hearings to examine developing a To hold hearings to examine the Near reliable supply of oil from domestic oil East and South Asian experience relat- APRIL 6 shale and oil sands resources, focusing ing to combating terrorism through 2 p.m. on opportunities to advance technology education. Foreign Relations that will facilitate environmentally SD–419 To hold hearings to examine North friendly development of oil shale and American Border Security. oil sands resources. APRIL 20 SD–419 SD–366 2 p.m. 2:30 p.m. 2:30 p.m. Armed Services Judiciary Energy and Natural Resources Readiness and Management Support Sub- Immigration, Border Security and Citizen- National Parks Subcommittee committee ship Subcommittee To hold hearings to examine manage- To hold hearings to examine the readi- To hold hearings to examine strength- ment and planning issues for the Na- ness of military units deployed in sup- ening interior enforcement, focusing on tional Mall, including the history of port of Operation Iraqi Freedom and deportation and related issues. the development, security projects and Operation Enduring Freedom in review SD–226

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR04AP05.DAT BR04AP05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE