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

Vol. 151 WASHINGTON, FRIDAY, NOVEMBER 18, 2005 No. 154 Senate The Senate met at 9 a.m. and was RECOGNITION OF THE MAJORITY MAKING FURTHER CONTINUING called to order by the President pro LEADER APPROPRIATIONS FOR FISCAL tempore (Mr. STEVENS). YEAR 2006 The PRESIDENT pro tempore. The Mr. FRIST. I now ask unanimous PRAYER majority leader is recognized. consent the Senate begin consideration The Chaplain, Dr. Barry C. Black, of- f of H.J. Res. 72, which is at the desk. fered the following prayer: The PRESIDING OFFICER (Mr. ISAK- Let us pray. SON). Is there objection? O God, our Father, fountain of every SCHEDULE The Senator from Louisiana. blessing, during this season of grati- Mr. FRIST. Mr. President, today we Ms. LANDRIEU. Mr. President, I am tude we pause to thank You for the will get off to a quick start in the Sen- reserving the right to object, to speak gifts You have given us and all human- ate. We actually left not that many with the leader for a moment about a ity. Thank You for all the beauty You hours ago, and we are making real situation that is developing at home have placed in our world, for the progress in terms of moving the Na- and one of which he is certainly aware. loveliness of the Earth, sea, and sky. tion’s business forward. This will be a I understand that the motion that Thank You for great art to see, great very busy day. has been put forward would allow the music to hear, great books of prose and Congress to go home for approximately In a moment I will call up the con- poetry to read. Thank You for the 30 days and to come back in the middle tinuing resolution which will keep nimbleness of minds and hands that en- of December to finish our business. I Government operations funded beyond able people to find ways of defeating wanted to ask the leader if it is his in- midnight tonight. We are starting that diseases and easing pain. Thank You tention when we come back to press early. We are voting early this morn- for generous hearts that give to help forward for the supplemental bill that ing, in large part to get it completed the less fortunate. Thank You for our the senior Senator from Mississippi, here and sent to the President so it can power to love and for the opportunities Senator COCHRAN, and others have been be signed by midnight tonight. to lose ourselves in a great cause. working on for relief for the gulf coast. Thank You for the ability to harness Senator HARKIN will have an amend- It is a very important piece of legisla- nature’s forces and to make fertile the ment which we expect to vote on at or tion, and many people, individuals and desert. Thank You for our Senators and around 9:30. After that, I will have businesses, large and small, have been for all who labor many hours with more to say on the schedule itself. But waiting for some direct, significant them for a world at peace. Thank You we do have the continuing resolution, funding. I wanted to ask the leader for our military and the courageous we will have the Harkin amendment, from Tennessee what his intentions are sacrifices of our men and women in we are waiting for several pieces of leg- when we get back, at least as he can harm’s way. islation from the House of Representa- press the Senate and press our col- Above all else, we thank You for sav- tives and several conference reports: leagues in the House to move that ing us by giving us Yourself. Accept MilCon or Military Quality of Life, piece of legislation. this, our sacrifice of thanksgiving and Transportation TTHUD bills, the PA- Mr. FRIST. Mr. President, the issues of praise. TRIOT Act. We also have an adjourn- the distinguished Senator from Lou- Amen. ment resolution we must pass later isiana comments on and mentions are f today and several other conference-re- something we take very seriously here. lated matters. PLEDGE OF ALLEGIANCE As she well knows, my personal com- It is going to be a very busy day. I do mitment, the commitment of leader- The PRESIDENT pro tempore led the ask for the cooperation and patience of ship on both sides of the aisle, is to ad- Pledge of Allegiance, as follows: all Senators as we cover a lot and have dress the issues. We have worked very I pledge allegiance to the Flag of the a number of rollcall votes over the hard, both in a personal sense and in an United States of America, and to the Repub- course of the day. lic for which it stands, one nation under God, institutional sense. With regard to the indivisible, with liberty and justice for all. In terms of the schedule for tomor- latter, we passed 21 separate pieces of f row, or Sunday, or Monday—as the day legislation that have responded to proceeds, as soon as I have information many of the immediate needs. I well RESERVATION OF LEADER TIME brought to me and we determine the recognize these needs are ongoing. We The PRESIDENT pro tempore. Under best way to handle that on the floor, I are going to need to stay on top of the previous order, the leadership time will be making those announcements them, which I pledge and leadership is reserved. over the course of the day. pledges to continue to do.

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

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VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13284 CONGRESSIONAL RECORD — SENATE November 18, 2005 We will be coming back in December, for $.16 billion. We passed a bill for re- schools are having difficulty. The dean depending on the outcome of today, in distribution of campus student aid, an- of LSU Medical School took a job out all likelihood, and we will continue to other bill for Pell grant relief, another of our State. It was announced this address these very important issues. bill for the Community Disaster Loan week. I don’t blame him for leaving be- Several issues we will be addressing Act, for a total of $70.9 billion. cause he doesn’t see any help on the over the course of the day as well. Those are the things that have way. It is one of the great medical Ms. LANDRIEU. I ask the leader, if I passed the Senate and the House. If schools in the country. could, please, I understand, I want the you look at the things passed by the Finally, FEMA—to pour salt on the leader to know, we have passed 21 Senate, there are another nine bills for wound, to make sure we were all hav- pieces of legislation. I take him at his $9 billion: the Deficit Reduction Act, ing just the very best Thanksgiving we word. It has been very hard to follow as Sarbanes housing amendment, the could possibly have—announced that these things have moved so quickly, in Snowe small business amendment, the they are going to make us homeless for some cases, and not so quickly in oth- Katrina education reimbursement bill, the holiday and has announced that on ers. But I want to make a point and the Baucus economic development December 1, everyone who is in a shel- ask the leader that. Because we pass amendment, the Byrd unemployment ter or a hotel in the country—they do legislation does not necessarily mean HHS IG amendment, the Harkin legal not have an accurate number, so they it has been effective. Sometimes Con- services amendment—all of which have do not know how many, and if they do gress has a way of passing legislation, been passed by the Senate, this body. not know how many, how are they but that is not any guarantee it is ac- I want my colleagues and the Amer- planning to help them? But believe me, tually working. ican people to understand we are act- there are thousands who are now going As the Senator from Tennessee ing and we are moving. We have a lot to be put on the streets and will be knows, the members of the Louisiana more to do, which I think is the impor- homeless for the holidays. delegation, joined at times by members tance of the supplemental. The distin- I just tell my colleagues as respect- of the Mississippi delegation, have con- guished chairman, who is here on the fully as I can that when we are sitting sistently said that money given to floor, knows we are focused on it and around our tables—and I will be at a FEMA is not making its way to the there is going to need to be more as- different table, and many people from hands of people in businesses. As the sistance there in order to renew and re- Louisiana will not be at the table which they usually are to have leader knows, the housing money has build and respond. This body under- Thanksgiving dinner. I will be at a dif- been very difficult for people to get. stands the importance. We are abso- ferent table, Senator LOTT will be at a Shelter has been very difficult to get, lutely committed to that continued different table, and perhaps Senator housing has been very difficult to get. support for our appropriate renewal. COCHRAN will be at a different table. Many of our businesses that have ap- The PRESIDING OFFICER. The Sen- But as we sit around our tables, there plied for loans that are authorized have ator from Louisiana. will be thousands and hundreds of not yet received a response from FEMA Ms. LANDRIEU. The Senator has thousands of families who have no or the Small Business Administration. been very patient. I realize we have to For the record, I say it is not the move forward. But if he would grant table to pull up to. They are in shel- ters, they are on the street, and they quantity of legislation but the quality me a few more questions—one or two. of legislation, and that is why this sup- I understand those pieces and those are crowded into apartments that they can barely afford with no hope and no plemental Senator COCHRAN has been packages, because of course we are fol- crafting is so important. We think this lowing them very carefully. But I want plan. I will say it for the last time. We are may be the first major piece of legisla- the record to reflect that this morning, not dealing with a regular hurricane. tion that actually gets money into the as we break, there was $70.9 billion ap- We are dealing with an unprecedented propriated and $30 billion is still sit- hands of people who can do something natural disaster caused by the collapse with it other than having it sit in bank ting in a bank somewhere in a FEMA of a Federal levee system that was not accounts while people are suffering and account. So we have allocated $40 bil- invested in, not maintained, and not trying to get their lives back together. lion. I would judge from the controver- funded. It is a disaster for the region I understand the Senator from Ten- sies and reports that much of that and for the Nation. I cannot say this nessee is aware of these great needs. He money was squandered in many ways more emphatically or more passion- himself has been down to our State, that we know, and used in an ineffi- ately. I have tried to be a team player. and we are appreciative of that. But cient manner. But I would call to the We have tried to be cooperative. We that is the point. If I could get a com- attention of the leader that we have have tried every strategy. We are run- ment about the importance of the sup- not passed an emergency education bill ning out of strategies. plemental, that would be of some com- which would cover tuition for children, I want my colleagues to know that fort to the people of the gulf coast. 370,000 children who are today dis- while I will allow this resolution to go Mr. FRIST. Mr. President, I obvi- placed from the school they were in the forward today, if we do not come back ously am committed not only to what week before Katrina and Rita. Those in December and pass a robust supple- is in the supplemental, but I think we 370,000 children have not yet received mental that reflects the values of this need to make it very clear to our col- word from this Congress if their tuition body—not what MARY LANDRIEU wants leagues and to the people in Louisiana, will be covered. That is not done yet. in it, not what Louisiana thinks it de- Mississippi, and Alabama, where I have We have not passed a comprehensive serves, although we think we are enti- personally visited very early on and health care piece that allows people tled to say what we deserve—that re- have visited after that again and again, with no job, no home, no school, and no flects the values of the men and women that in terms of responsiveness, we church to think that they could show who serve in this body whom I know so have been responsive in many ways. up at a hospital over the holidays and well from having worked with them, if When I say 21 pieces of legislation, peo- get their health care covered. That has we don’t have a supplemental and if we ple say, What does that mean? Let me not passed yet. don’t get some action on our levee sys- give examples. In terms of things that We have not passed any loans to our tem so people can have confidence to have been enacted or cleared for the governments in Louisiana that would come back, and a few other emergency President, we have passed the emer- allow them to operate and pay for po- items that we need, we will not be gency supplemental, No. 1, which was lice and fire over the holidays because going home for Christmas. $10.5 billion in Public Law 10961. We the loan package we passed was inoper- We are going home for Thanksgiving, passed another emergency supple- able because they cannot pay the but we will not be going home for mental for $51.8 billion. We passed a money back in 3 years. Christmas until the people of the gulf Katrina short-term tax relief bill for So for the record, we have no real coast understand they have a home $6.1 billion; flood insurance borrowing health care relief, no significant ele- they can go to, if not this Christmas, authority, H.R. 3669, for $2 billion; the mentary and secondary care relief, our some Christmas soon. TANF disaster relief bill for $.3 billion; universities are teetering on bank- The PRESIDING OFFICER. Is there the unemployed insurance provisions ruptcy and closure, and our medical objection?

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13285 Without objection, it is so ordered. grams at last year’s level or at the programs, such as education, for exam- The clerk will report the resolution level of the House budget, whichever is ple, wherein the money goes out basi- by title. less. The House budget cut the Commu- cally next summer, if we use that lan- The legislative clerk read as follows: nity Services Block Grants Program guage—the lower of the House level—it A joint resolution (H.J. Res. 72) making down to less than $320 million. They doesn’t mean a lot because the money further continuing appropriations for the fis- cut it in half. That is the level it was is not going to go out until next sum- cal year 2006, and for other purposes. in 1986. mer, and we probably will fix this prior There being no objection, the Senate I said in September that it was unfair to going home for Christmas. I think. I proceeded to consider the joint resolu- for poor people to have to have theirs don’t know. We have had CRs going tion. cut right away down to that level be- into January and into February. That AMENDMENT NO. 2672 cause winter was coming and you need is not unusual around here. Mr. HARKIN. Mr. President, I call up the heating energy assistance and So we have a continuing resolution my amendment, which is at the desk. things like that. before us today that says until Decem- The PRESIDING OFFICER. The At that time, at the end of Sep- ber 18, and we think it will be done by clerk will report. tember, there was a lot of talk. We then. It may not be. I don’t know how The legislative clerk read as follows: couldn’t accept this amendment be- many people around here would like to cause the House had gone out. As long The Senator from Iowa [Mr. HARKIN], for bet a dollar to a dime on that one. himself, Mr. JEFFORDS, Mr. KENNEDY, Mr. as the House was out and if we changed Maybe yes; maybe no; get it done by BINGAMAN, Ms. MIKULSKI, Ms. STABENOW, Mr. the continuing resolution, that meant December 18. It could go into next LAUTENBERG, Mr. ROCKEFELLER, Mr. AKAKA, the entire House of Representatives year. Mr. KERRY, Mr. PRYOR, Mr. CARPER, Mr. would have to come back to Wash- Here we have a situation, unlike edu- KOHL, and Mr. LEAHY, proposes an amend- ington, DC, and do something about cation, where the money goes out next ment numbered 2672. this. I said at the time on the floor, big summer, and we will fix it before then, Mr. HARKIN. Mr. President, I ask deal. They came back for a lot of other certainly. The Community Services unanimous consent that reading of the things; they could come back for this, Block Grant program goes out quar- amendment be dispensed with. too. terly. Every quarter, the money goes The PRESIDING OFFICER. Without Obviously, my arguments did not out and is used. That means right now objection, it is so ordered. prevail. The amendment was defeated; we are about 7 weeks into this quarter, The amendment is as follows: whereupon, however, the chairman of and the entire nationwide Community (Purpose: To increase the amount appro- the Appropriations Defense Sub- Services Block Grant program has been priated to carry out under the Community committee, the Senator from Alaska, operating at the level of $320 million. Services Block Grant Act) Mr. STEVENS, said that he was going to That is bad enough. If we extend that At the end of the resolution, insert the fol- take my amendment that continues another month, it could be disastrous, lowing: the community services block grants or another 2 months, because it is not SEC. 2. COMMUNITY SERVICES BLOCK GRANT at last year’s level and put it on the like they can draw down some money ACT. Defense appropriations bill, which he somewhere and say: We are going to Notwithstanding section 101 of Public Law 109–77, for the period beginning on October 1, did and for which I commended him. get it next year, we will make up for it. 2005 and ending on December 17, 2005, the We all thought that the Defense appro- They can’t just go to the bank and bor- amount appropriated under that Public Law priations bill would zing through here row the money. They do not have it. If to carry out the Community Services Block right away. Fine. they don’t have the money for weather- Grant Act shall be based on a rate for oper- Here we are. It is November 18, and ization or for Head Start programs or ations that is not less than the rate for oper- the Defense appropriations bill has not for low-income energy assistance pro- ations for activities carried out under such been passed—and we don’t know when; grams, they just do not do it. Act for fiscal year 2005. probably next month, I suppose, before We have had vote after vote here Mr. HARKIN. Mr. President, I under- the end of the year. when Members supported the Low-In- stand that under the order, I will be We have another continuing resolu- come Energy Heating Assistance Pro- recognized for 20 minutes. tion. The continuing resolution expires gram. It is vitally needed. But if you do The PRESIDING OFFICER. That is today at midnight. We know that. The not have the people to administer the correct. continuing resolution is the same. It is program and get the goods and hire the Mr. HARKIN. I might reserve a little at either last year’s level or the House people to administer it, what good does bit of time. I may have other col- budget level, whichever is less. That it do? That is what the Community leagues who will come over to speak. means the Community Services Block Services Block Grant program does. Just to refresh memories, when this Grant program is still cut down to the You may hear talk that the Commu- continuing resolution was passed at level it was in 1986. nity Services Block Grant program is the end of September, I came on the The amendment I am offering today just one part of the picture because floor and offered an amendment that basically says—it is the same amend- there are State and local governments would have kept whole the Community ment, basically—for the purposes of that help. That is true. There are pri- Services Block Grant program. That is this continuing resolution, the commu- vate charities that help. That is true. a program that administers the nity services block grant shall be based That is the good thing about this pro- LIHEAP program, administers a lot of on the rate that it was last year, which gram—it brings a lot of different stake- Head Start programs, Even Start pro- is $636.6 million. holders into play. But there is the an- grams, Older Americans Act programs, On November 8, barely a week and a chor, there is the anchor of the money. elderly transportation programs, emer- half ago, 58 Senators from both sides of If that is not there, they do not even gency shelter programs, weatherization the aisle cosigned a letter saying we have the people to go out and do any- assistance—you get the idea. Most of want to keep the Community Services thing. the programs really help a lot of poor Block Grant Program at the Senate I ask Senators to think about this. people in this country. Last year’s level, at last year’s level. That is what Here is a program that is widely sup- level was $636.8 million. we did in our bill, and 58 Senators a ported; 58 Senators signed a letter a The amendment I offered in Sep- week and a half ago signed this letter week and a half ago. We passed it in tember would have kept the funding of to keep it at the same level. Yet today our Labor, Health and Human Services the Community Services Block Grant we are going to pass a continuing reso- Appropriations Subcommittee when it program at that level. You might say lution that cuts it in half. This con- was on the floor at last year’s level, that was a continuing resolution. A tinuing resolution is until December $636.8 million. No one talked against continuing resolution keeps things at 18. that. It just passed. We all supported last year’s level. Therein lies the prob- There is another unique feature it. As a matter of fact, if I am not mis- lem. about the Community Services Block taken, I think it was later supported The House sent us a continuing reso- Grant Program that I wish to bring to by the House, even though their num- lution that said: We will continue pro- the Senate’s attention. Unlike a lot of bers were less. The conference report

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13286 CONGRESSIONAL RECORD — SENATE November 18, 2005 that was rejected by the House at least Leave the Community Services Block tinuing resolution until December 18, had this high figure in it. Grant program at last year’s level. We but will we really act on it by Decem- So we find ourselves in an odd situa- have all said that is where we want it. ber 18? As I said, who can bet on that tion with another continuing resolu- We need to get that money out there. around here? tion in the dead of winter when the The House is in session. They can pass homeless need a lot of help, when poor it and send it to the President. These are the poorest of our poor people are put to the extreme in terms How much time remains? people. Can’t we at least say we are of buying enough food, energy to heat The PRESIDING OFFICER. The Sen- going to hold them a little bit harmless their homes, get clothes for their kids, ator has 6 minutes 14 seconds. in this? It is not that we are holding finding enough money for rent, going Mr. HARKIN. I reserve the remainder them harmless, we are holding them at to food banks when the food stamps of my time. last year’s level, which means it is cut run out. The PRESIDING OFFICER. The Sen- a little bit simply because of the cost- Any Senator here who has been to ator from Iowa be advised that the of-living increase. But to be cut 50 per- the food banks in their State knows time continues to run. cent, and in 13 States to be cut by 75 that the food bank demand is up over Mr. HARKIN. How much time total? percent, is grossly unfair. what it has been in the past because The PRESIDING OFFICER. Five food stamps are running out about the Let’s do the moral thing. Let’s do the minutes sixteen seconds. The Senator third week of the month, and poor fam- right thing. This is a very small mat- was originally yielded 20 minutes, and ilies are going to the food banks to get the Senator has used 14 minutes. ter, a small thing to do, to pass this food. I say to any Senator, go to your Mr. HARKIN. How much time on the amendment and send it to the House food bank—any State, I don’t care and have them pass it on. which State it is—go to your food other side? banks, food pantries, and ask them The PRESIDING OFFICER. There is I ask unanimous consent to have whether the demand for food is up over no time on the other side. printed in the RECORD the letter I dis- what it was last year or just a few Mr. HARKIN. Parliamentary inquiry: cussed. I understand I had 20 minutes to speak months ago. That is the program ad- There being no objection, the mate- and there is no time on the other side ministered by the Community Services rial was ordered to be printed in the Block Grant program. to speak on this amendment? RECORD, as follows: The argument that was made in Sep- The PRESIDING OFFICER. The Sen- tember is we could not do this because ator is correct. U.S. SENATE, Washington, DC, November 9, 2005. Mr. HARKIN. There are a couple of the House would have to come back, Hon. ARLEN SPECTER, and they cannot do it, la-de-da, and all other points. Chairman, Senate Subcommittee on Labor, HHS, that stuff. Well, the House is in session The amendment is a straight failure. Education, Appropriations, Washington, today—they may be in session tomor- Senators understand it. But I will DC. row, I don’t know. But they are in ses- point out, because of a quirk in the Hon. TOM HARKIN, sion today. We could pass this amend- Ranking Member, Senate Subcommittee on law, there are some States that are cut Labor, HHS, Education, Appropriations, ment; say, no, the one program we are more than others. Washington, DC. going to exempt from the 50-percent Here is what that means. This gets a DEAR SENATORS SPECTER AND HARKIN: We cut of the House of Representatives is little complicated, but I think the applaud the Senate Labor, Health and Community Services Block Grant pro- States that are going to be voting need gram. Send it back to the House, let Human Services, and Education Appropria- to know this. If the total funding for a tions Subcommittees (Labor HHS) for restor- them bring it up and pass it and send it fiscal year is less than $345 million, ing funding to the Community Services to the President. The argument that then no State shall receive less than Block Grant (CSBG). In the face of budget we could not do it because of the time one-fourth of 1 percent. Now, last year, constraints and competing priorities, we pressures does not hold any longer. since we cut it back to $320.6 million, urge you to uphold the Senate funding level This is just a matter of simple jus- that means there are 13 States—Alas- of $637 million in negotiations with the tice. If this were a program that could ka, Delaware, Hawaii, Idaho, Maine, House on H.R. 3010, the Labor-HHS Appro- make up the money later on next year, Montana, Nevada, New Hampshire, priations bill. it would be different. This is now. Peo- North Dakota, South Dakota, Utah, As you know, CSBG helps to strengthen ple need help now for housing, for rent- Vermont, and Wyoming—that are not al assistance, food banks, heating en- communities by helping low-income individ- cut by 50 percent; they are cut by 75 uals and families to become self-sufficient. ergy assistance, Head Start, foster percent. Because of a quirk in the law, grandparents, rental assistance. Nearly one-fourth of Americans living in 13 of our smallest States have a 75-per- One of the things the Community poverty receive services from CSBG grantees cent cut. That is what they are oper- Services Block Grant program does for located in 90 percent of the nation’s coun- ating at right now in those States. people includes if they are evicted and ties. Please enable these entities to continue I say to the Senators from those their vital assistance to families and com- they need someplace to stay. Think of the single mother with two or three States, this may not be knowledge to a munities. children. The husband has left her and lot of Members. I happen to know We urge you to insist on the Senate posi- gone off someplace. They have been in about this program because I am on tions in CSBG, $637 million, during final ne- an apartment, maybe there has been an both the committees that administer gotiations on H.R. 3010. Thank you for your illness in the family for which they are it, but this is a program that helps the continued efforts on this issue. not covered—who knows what kind of poorest in our country. Sincerely, Charles E. Grassley, Orrin G. Hatch, calamities could have hit—and they I anticipate there may be some other Olympia J. Snowe, Rick Santorum, find themselves evicted. They can go to reasons people do not want to vote for this, but as long as 58 Senators signed Christopher J. Dodd, Edward M. Ken- the local community action agency in nedy, Max Baucus, Jeff Bingaman, Jim their area. One of the things they will the letter a week and a half ago, as Bunning, Lamar Alexander, Richard do is they will find them a place to long as the House is in session, it Burr, Mike DeWine, George Allen, Con- live. They will give them rental assist- seems to me we could vote on this and rad Burns, Lincoln D. Chafee, Norm ance to get them established and a let the House do it. Coleman, Susan M. Collins, Hillary place to live. That is what this pro- As I said, this is the dead of winter. Rodham Clinton, Kent Conrad, James gram does. What I just described hap- We were told at the end of September M. Jeffords, John F. Kerry, Blanche L. Lincoln, Barbara A. Mikulski, Jack pens 10 times a day in 1,000 cities that the Defense appropriations bill Reed, John D. Rockefeller, Charles across America—100,000 times a day. would be acted upon. This amendment Schumer, James M. Talent, John I hope we can pass this amendment. was included. But it has not been acted Thune, George V. Voinovich, John W. It is very simple and straightforward. on. We are now told we have a con- Warner, Mark Dayton.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13287 Richard J. Durbin, Joseph R. Biden, Jr, Mr. MCCONNELL. I move to lay that resolution because our job is not fin- Barbara Boxer, Maria Cantwell, Thom- motion on the table. ished, and these vital concerns are not as R. Carper, Jon S. Corzine, Byron L. The motion to lay on the table was settled. Dorgan, Dianne Feinstein, Frank R. agreed to. Lautenberg, Joseph I. Lieberman, E. The PRESIDING OFFICER. The joint Benjamin Nelson, Barack Obama, Ken The PRESIDING OFFICER. The resolution having been read the third Salazar, Debbie Stabenow, Russell D. question is on the third reading and time, the question is, Shall it pass? Feingold, Tim Johnson, Patrick J. passage of the joint resolution. The joint resolution (H. J. Res. 72) Leahy, Carl Levin, Bill Nelson, Mark The joint resolution was ordered to a was passed. Pryor, Paul S. Sarbanes. third reading and was read the third Mr. ENSIGN. Mr. President, I move Mr. HARKIN. I yield back the re- time. to reconsider the vote and to lay that mainder of my time and ask for the The PRESIDING OFFICER. The Sen- motion on the table. yeas and nays. ator from Louisiana. The motion to lay on the table was The PRESIDING OFFICER. The Sen- Ms. LANDRIEU. Mr. President, is agreed to. ator yields back the remainder of his this the continuing resolution? The PRESIDING OFFICER. The ma- time. The PRESIDING OFFICER. The Sen- jority leader is recognized. Is there a sufficient second? ator is correct. Ms. LANDRIEU. Mr. President, ear- There is a sufficient second. f The question is on agreeing to the lier this morning we had a colloquy amendment of the Senator from Iowa. that expressed concerns. ORDER OF BUSINESS The clerk will call the roll. The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. ator will be advised that all time for Mr. FRIST. Mr. President, in a few Mr. MCCONNELL. The following Sen- debate has expired. moments, I will propound a unanimous ator was necessarily absent: the Sen- Ms. LANDRIEU. Mr. President, I ask consent request. In essence, what we ator from Oregon (Mr. SMITH). unanimous consent for 30 seconds. will be doing in about an hour is hav- Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without ing another vote on going to con- Senator from New Jersey (Mr. objection, it is so ordered. ference on the HHS appropriations bill. CORZINE), the Senator from Hawaii (Mr. Ms. LANDRIEU. Mr. President, we We will ask unanimous consent for INOUYE), and the Senator from Michi- had a colloquy this morning with the that shortly and divide up the time ac- gan (Ms. STABENOW) are necessarily ab- leader about the need to do more for cordingly. It will be approximately an sent. the victims of Hurricanes Katrina and hour from now that we will have an- I further announce that, if present Rita. I am not going to ask for a record other rollcall vote. As soon as we have and voting, the Senator from Michigan vote, and I am not going to delay the the word on the unanimous consent re- (Ms. STABENOW) would vote ‘‘yea.’’ debate, but I do want to be recorded as quest, I will be propounding that. The PRESIDING OFFICER. Are there voting ‘‘no’’ if we have a voice vote. It I suggest the absence of a quorum. any other Senators in the Chamber de- is very important to let people in this The PRESIDING OFFICER. The siring to vote? country know that our work is not yet clerk will call the roll. The result was announced—yeas 46, finished. While we are breaking for the The assistant legislative clerk pro- nays 50, as follows: holidays, there will be many people ceeded to call the roll. [Rollcall Vote No. 348 Leg.] who have no holiday table to go home Mr. FRIST. Mr. President, I ask YEAS—46 to. Members of this body have worked unanimous consent that the order for very hard. I respect the work that each Akaka Durbin Murray the quorum call be rescinded. Baucus Feingold Nelson (FL) has done. We have worked in a bipar- The PRESIDING OFFICER. Without Bayh Feinstein Nelson (NE) tisan way to address some issues of objection, it is so ordered. Biden Harkin Obama health care, education, and housing. Bingaman Jeffords Pryor But just because we have done our job Boxer Johnson Reed f Byrd Kennedy Reid doesn’t mean the same thing is actu- Cantwell Kerry Rockefeller ally happening on the other side of the Carper Kohl Salazar DEPARTMENTS OF LABOR, Chafee Landrieu Capitol. Sarbanes HEALTH AND HUMAN SERVICES, Clinton Lautenberg There are still more issues that we Schumer Collins Leahy AND EDUCATION, AND RELATED Snowe need to find solutions for. We need to Conrad Levin find a solution for the health care cri- AGENCIES APPROPRIATIONS ACT Dayton Lieberman Specter FOR FISCAL YEAR 2006 Dodd Lincoln Wyden sis along the gulf coast due to the hur- Dorgan Mikulski ricanes and subsequent levee breeches. Mr. FRIST. Mr. President, I ask that NAYS—50 We need to find a solution for the mas- the Chair lay before the Senate a mes- Alexander DeWine Martinez sive housing shortage throughout the sage from the House to accompany H. Allard Dole McCain States that Katrina and Rita whipped R. 3010, the Labor-HHS appropriations Allen Domenici McConnell through. We need to find a solution for bill; provided further, that the Senate Bennett Ensign Murkowski the small businesses that have been request a conference with the House, Bond Enzi Roberts Brownback Frist Santorum devastated and the thousands of people and that the Chair be authorized to ap- Bunning Graham Sessions who have been left jobless. And we need point conferees. I further ask that Burns Grassley Shelby to find a solution to building Category prior to the Chair appointing the con- Burr Gregg Stevens Chambliss Hagel 5 levees and providing plenty of storm ferees, Senator SPECTER be recognized Sununu Coburn Hatch Talent and flood protection which also means in order to make a motion to instruct Cochran Hutchison restoring our vital coastal wetlands, as the conferees on the issue of LIHEAP; Coleman Inhofe Thomas Cornyn Isakson Thune they are our first line of defense. With- provided further, that there be debate Craig Kyl Vitter out this protection, all our other ef- divided with Senators as follows: 10 Voinovich Crapo Lott forts will be for naught. minutes for Senator REED, 7 minutes DeMint Lugar Warner We need solutions, Mr. President. We for Senator HARKIN, 5 minutes for Sen- NOT VOTING—4 need real answers, because it is unset- ator SPECTER, 5 minutes for Senator Corzine Smith tling to know that while we go home to COCHRAN. I further ask that following Inouye Stabenow have Thanksgiving with our families, that time, the motion be temporarily The amendment (No. 2672) was re- my constituents still have real prob- set aside and Senator DURBIN be recog- jected. lems and real needs. And so I thank nized to make a motion to instruct re- Mr. COCHRAN. Mr. President, I move you, Mr. President, for this time and lating to NIH, and there be 15 minutes to reconsider the vote by which the for allowing me to note for the record, for debate for Senator DURBIN on that amendment was not agreed to. that I am voting no to this continuing motion, and that following the use or

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13288 CONGRESSIONAL RECORD — SENATE November 18, 2005 yielding back of debate time, the Sen- usually conducted from community ac- tion will say: This is a great deal they ate vote on the motions to instruct in tion centers. This whole infrastructure have handed us. We can send up the the order offered, and following those suddenly now is going to be declared an programs we like in the regular budget votes, the Chair then immediately ap- emergency process. That would send a and say all of this LIHEAP is just point conferees on the part of the Sen- terrible signal throughout this country emergency. ate. about our commitment to low-income I am terribly concerned about this. The PRESIDING OFFICER. Without heating assistance. It would open a sit- Again, we have spent the last several objection, it is so ordered. uation of uncertainty and a situation weeks in this body, on a bipartisan Mr. FRIST. Mr. President, I ask for that would be counterproductive to basis, a majority of our colleagues say- one modification, that Chairman SPEC- helping poor people struggling with ing not only is this not an emergency TER be given 5 minutes to speak on the heating bills in the winter and cooling program, this is a program that should motion to instruct relating to NIH fol- bills in the summer. be funded even more than $2.1 billion. lowing Senator DURBIN. This would, again, in my view, create So I must express my deep opposition The PRESIDING OFFICER. Without a terrible precedent. We have over the to this proposal. I immensely respect objection, it is so ordered. last several weeks in this Chamber sup- Senator HARKIN and Senator SPECTER. The PRESIDING OFFICER (Mr. ISAK- ported funding of LIHEAP, not on an I know they are laboring under excru- SON) laid before the Senate a message emergency basis, but on a full author- ciating budget constraints that are from the House of Representatives, ization basis of $5.1 billion. We did it squeezing out money for programs that having had under consideration the re- last evening. Unfortunately, because of are necessary for America’s families, port of the committee of conference on procedural obstacles, we needed 60 America’s children, America’s health the disagreeing votes of the two Houses votes. Last evening, a majority of this care, America’s future. But in this des- on the amendment of the Senate to the Senate voted to increase LIHEAP fund- perate moment, it is not a time to un- bill (H. R. 3010) entitled ‘‘An Act mak- ing to $5.1 billion, offsetting it by a dercut a program that serves every ing appropriations for the Departments temporary windfall profits tax. Pre- State in this country well and serves of Labor, Health and Human Services, viously, even a larger majority of the people who need help, particularly as and Education, and Related Agencies Senate voted simply to appropriate $5.1 this winter approaches. I reserve the for the fiscal year ending September 30, billion. Today we are on this floor say- remainder of my time. 2006, and for other purposes.’’ ing not only are we not talking about The PRESIDING OFFICER. The Sen- Resolved, That the House insist upon $5.1 billion, we are talking about the ator from Iowa. its disagreement to the amendment of regular formula money in the regular Mr. HARKIN. Mr. President, first, I the Senate. program suddenly is an emergency. thank my colleague from Rhode Island The PRESIDING OFFICER. The Sen- That is not the emergency funding that for pointing this out. I cannot find any- ator from Pennsylvania. LIHEAP sometimes gets. This funding thing about which I disagree with him. MOTION TO INSTRUCT supports year in and year out the needs I think he is right. This is not the way Mr. SPECTER. Mr. President, I move of people who we know have low in- to do business, normally. that the managers, on the part of the come. They are seniors, they are dis- These are not normal times, however. Senate to the conference on the dis- abled, and they are low-income work- We have a small space in which we agreeing votes of the two Houses on ing families, and they will anticipate might be able to get something done, the Senate amendments to the bill, H. heating and cooling bills. There is no and we have to take advantage of it. I R. 3010, be instructed to insist that emergency here. say to my friend from Rhode Island, I $2,183,000,000 be available for the Low- One of the real problems is, because think it is instructive for all of us that Income Home Energy Heating Assist- we call it an emergency, no funds can there is only one appropriations bill ance Program and that such funds be disbursed until the President de- cut from last year’s level—one. Not shall be designated as an emergency re- clares an emergency. When will that Commerce, State, Justice, not Trans- quirement pursuant to section 402 of H. declaration take place? Will it take portation, not the Housing and Urban Con. Res. 95, of the 109th Congress, the place in August so these community Development, not all of the rest—only Concurrent Resolution on the Budget action agencies can start requesting one appropriations was cut. Guess what for fiscal year 2006. applications, processing applications, it deals with: health; human services; The PRESIDING OFFICER. The mo- or will it take place in October or No- education; labor. That has been cut. tion is pending. Who yields time? vember or January? If it does, then What kind of message are we sending The Senator from Rhode Island. this is going to cause chaos. to Americans? Mr. REED. Mr. President, the in- We were looking weeks ago at the We had a vote on whether to con- structions that the Senator from Penn- chaos caused in the wake of Katrina tinue the Community Services Block sylvania sent to the Chair, in my un- because Federal programs were not re- Grant program at last year’s level. I derstanding, would designate the full alistically grounded in what was hap- pointed out a week and a half ago, 58 amount of LIHEAP funding that is cur- pening. This policy is going to throw a Senators signed a letter—please keep it rently in the appropriations bill as monkey wrench into the normal oper- at last year’s levels. A week and a half emergency spending. ations of the LIHEAP program. ago they vote to cut it, in some cases I understand the motivation. This It also sends a terrible signal, if it is 75 percent. That is why I put the letter bill is underfunded. There are valuable adopted, because we are saying that no in the RECORD right after the vote. I programs that need additional re- longer do we have a regular program want people to see the vote and read sources. Both the Senator from Penn- committed to helping poor people—sen- the letter and see how people signed sylvania and the Senator from Iowa iors, the disabled—with their heating the letter and then how they voted. It strove mightily to try to provide those and cooling bills. What we have is is one thing to sign the letter around resources. They are attempting today something that may or may not exist here and I guess another thing to vote. to try to free up about $2 billion to every year. I guess what I am expressing is this classify some money as emergency I know people will stand up and say, is a terrible appropriations bill that we spending, LIHEAP money. I understand Oh, come on, the reality is they are have for the needs of the American peo- the motivation, but I think it is ex- going to have to declare it this year as ple, for education, basic structure of tremely poor policy. an emergency. I do not entirely agree. health care and public health, for NIH, This LIHEAP program is composed of But more importantly, when next year for basic medical research. This is the two components. There is a regular for- we are looking, under excruciating first time since 1970 that we have flat- mula program which each and every budget pressure, for additional re- lined funding for the National Insti- year every State in this country de- sources, there will be the susceptibility tutes of Health—35 years. That is the pends upon to provide heating and to taking this approach, saying we will bill that Senator SPECTER and I are cooling assistance to its citizens. use this gimmick again. I suspect the faced with. The application process begins before administration—I am not the expert in What we are trying to do is find some the heating and cooling season. It is budgets, but I expect the administra- way of getting some money for health,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13289 trauma care, rural emergencies—rural with disabilities, if we can help getting we could with the limited funding. But emergency medical services was com- more health care up for rural emer- there simply wasn’t enough money to pletely eliminated—health community gency medical services, if we can help do the job. access program, community health with Head Start, if we can help with Health is our major capital asset. centers—we will not be able to open community health centers—then, for Without health, we can’t function. one new community health center next one time, I think we ought to do it. Education is our major capital asset year under the bill that we go to con- That is why I support the Specter mo- for the future, to give opportunity for ference with. No Child Left Behind is tion to instruct the conferees to put labor and worker training. underfunded; Pell grants are kept at LIHEAP on an emergency basis for this We made the allocations as best we the same level for the fourth year in a one time only. could, but the bill was underfunded. I row. For kids with disabilities, IDEA, With that, I yield the floor. I think I made an effort, joined by Senator HAR- we are going backward. How many had 7 minutes, if I am not mistaken? KIN and by the subcommittee, to put times have we heard, on both sides of The PRESIDING OFFICER. The Sen- LIHEAP in an emergency classification the aisle, Republicans and Democrats ator has consumed his time. for $2.83 billion. get out here and say we have to fully Mr. HARKIN. I yield the floor then. I said in the conference that it would fund IDEA. This bill actually goes The PRESIDING OFFICER. Who enable us to improve the bill—not backward, from 18.6 percent to 18 per- yields time? where it ought to be but improve it cent. Mr. REED. Mr. President, how much substantially. That is why Senator SPECTER and I time do I have? I conferred with Chairman REGULA decided to take this step of having a The PRESIDING OFFICER. There re- and considered the projects—or so- motion to instruct the conferees to mains 5 minutes 42 seconds for the Sen- called earmarks—which are $1 billion, take the slightly less than $2.1 billion ator from Rhode Island. Who yields where, as a matter of longstanding tra- in LIHEAP and designate it as an time? Time will be charged proportion- dition, the Members in both the House emergency for this one time only in ately against all Senators controlling and Senate, Democrats and Repub- order for us to get to conference, to put time. licans, are enabled with an allocation pressure on the House to come up with The Senator from Arizona. to make designations within their dis- some more money. Mr. MCCAIN. I understand, under the tricts or States because we know more I am not saying this will stay as an unanimous consent agreement, there about our States and our districts emergency in the final bill. My hope is are Senators who have been given time than, in many instances, do the offi- we will be able to find the money and prior to the vote. I ask those Senators cials who run the bureaucracy of the come up with something so it does not. to come over. Otherwise, under the U.S. Government. But if it does, it is only for 1 year. I rules of the Senate, the time is running I said if we could not get the $2.83 bil- tell my friend from Rhode Island, I will as we speak. lion emergency declaration for do everything I can, everything hu- The PRESIDING OFFICER. The Sen- LIHEAP that it was going to be my po- manly possible in the Senate to ensure ator is correct. sition that we ought not to include the that when it comes up next year, we do Mr. MCCAIN. Mr. President, I yield earmarks for the projects. When we not have it as an emergency, that we the floor. could not get that emergency declara- get a better budget allocation. The PRESIDING OFFICER. The Sen- tion, we struck the earmarked But again I have to say I do not want ator from Rhode Island. projects. anybody around here hiding behind the Mr. REED. Parliamentary inquiry: That was a very tough decision. We skirts of the Budget Committee. They Can the Chair state how much time is are paid to make tough decisions say the reason we got a bad bill, the remaining on all sides? around here. I can’t think of one in the reason our bill, the one that funds The PRESIDING OFFICER. The time I have been here more dis- Health and Human Services and Edu- Chair will attempt to determine that appointing to a lot of people in Amer- cation and Labor—the reason it is cut number. ica who are relying on these projects. is because the Budget Committee gave At the outset of the subtraction of Although, the $1 billion spread around us a bad budget. the proportional time, the Senator the country, here and there, is not un- Fine. But did you vote for it? Did you from Rhode Island controlled 5 minutes substantial—a lot of people were dis- vote for the budget? If you voted for 42 seconds; the Senators from Mis- appointed. Many Members were dis- the budget, you own this bill. Don’t sissippi and Pennsylvania each con- appointed that the traditional alloca- hide behind the skirts of the Budget trolled 5 minutes; approximately 4 tions were not made. Committee. If you voted for the budg- minutes have been consumed, of which It is my hope that we can put the et, you own it. You bought it. So any- 2 will be charged against the Senator $2.83 billion into LIHEAP. We are fac- one who voted for the budget, this is from Rhode Island and 1 each to the ing a drastic situation with fuel costs, what you got. Senators from Pennsylvania and Mis- as we all know, and as significantly oc- I share a little frustration on this, sissippi. And the clock continues to casioned by Hurricane Katrina, which also, as you can probably tell. But I run. is an emergency. If there ever was a think in this one case we desperately, The Senator from Rhode Island. clear-cut emergency, it is what the drastically need to meet the human Mr. REED. Mr. President, I ask unan- consequences of Hurricane Katrina are. needs of the people of our country. We imous consent that I be given 2 min- The fuel costs are a direct result of are up against almost an intransigent utes prior to the completion of the that. This is a classical, quintessential House and an administration I think, time so I could respond to the com- emergency. quite frankly, that does not care. If ments of the Senator from Pennsyl- I think we have the 51 votes to pass they cared, they wouldn’t be treating vania and Senator HARKIN. I think it it here in the Senate. The difficulty is us like this. To them, this is nothing. appropriate that I be able to respond to going to be in getting our House col- Community action agencies, LIHEAP? his comments. leagues to agree to it. That is just poor people. They don’t The PRESIDING OFFICER. Is there But I hope we work our way out of count because they probably don’t vote objection? Without objection, it is so this morass and impasse with approval anyway, and they certainly don’t con- ordered. of this resolution and ultimate ap- tribute any money, so therefore why Mr. SPECTER. Mr. President, the ap- proval by both bodies. even pay attention to them. propriations bill on Labor, Health, I yield the floor. I share the frustration of my friend Human Services and Education, in my The PRESIDING OFFICER. The Sen- from Rhode Island. Normally, this judgment, as I have said repeatedly, is ator from Rhode Island is recognized. would not be the way to do it, but as I vastly underfunded. The Senate passed Mr. REED. Mr. President, I respect said, this is an abnormal situation in a bill within the context of our alloca- immensely the Senator from Pennsyl- which we find ourselves. If we have to, tion. Working with my colleague, Sen- vania and the Senator from Iowa who as a one-shot deal, push this into the ator HARKIN, and our very energetic tried to take a budget that is inad- emergency column so we can help kids and devoted staff, we did the very best equate and fulfill many programs. But

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13290 CONGRESSIONAL RECORD — SENATE November 18, 2005 I strenuously object to the classifica- derstand how vulnerable each and entific community. We take a backseat tion of LIHEAP in this way as an emer- every one of us and every member of to no one when it comes to medical re- gency program. our family could be with one diagnosis search. If we pass budgets such as the There are two components of from a doctor. ones sent to us by the NIH, we will be LIHEAP. This is a program that has I salute the chairman of the com- weakening our commitment. been appropriated for years and years mittee, Senator SPECTER, and Ranking The bill the House rejected just yes- and has built up a locked-in structure Member HARKIN of Iowa. I can’t find terday includes only a $150 million in- in every State to go ahead and solicit any stronger advocates for medical re- crease in National Institutes of Health applications and to process the applica- search than these two Senators. funding, the lowest increase in 36 tions. They have to have some sense The bill that we are considering that years. You say to yourself, well, $150 that this program is going to be in came to us from conference is a bill million more in these times cannot place, not depending upon our Presi- which turns its back on all the hurt. Considering the rate of bio- dential emergency declaration at some progress we have made by putting medical inflation, what it costs to do time in the year. money into medical research. Unfortu- research, this increase represents a cut There is another component which is nately, this bill would result in our in funding. Assuming no change in emergency. That is additional funds. funding the National Institutes of committed resources, it means there But we are creating bad policy and bad Health at a level inconsistent with the will be 505 fewer research projects next precedent. pattern of growth that we have seen year at the National Institutes of There are a number of programs in over the last several years. Health than there were this year. this Labor-HHS bill that could also Let me be as specific as I can. I have Could one of those important been declared emergencies. heard from people across Illinois about projects, projects that have been care- We have a children’s vaccination pro- how important medical research is to fully evaluated, be that critical project gram that provides vaccines. The them and their families. My family for you, your family, your children, or States have offices that have to deal knows that, and the families of every- someone you love? If it is, is this not a with it. They have to predictably know one watching know it, too. false economy, to cut this budget at they are going to have these funds. Eight-year-old Claire Livingston, this moment in our history? Can we This is bad policy and bad precedent. who is living with type II diabetes, really afford to shortchange our Na- It is being forced because the budget is came by my office. More and more chil- tion’s premier research institution inaccurate. I think it is a desperate dren are affected by diabetes. Claire when illnesses such as heart disease moment to do this. It would send a ter- checks her blood glucose level several and stroke continue to be leading rible signal to people throughout this times a day and adjusts her medica- causes of death? When so many people country and State and local commu- tion, her diet, her activity levels. She are afflicted with so many forms of nity agencies that are dedicated to this is bright and happy. Her mother wakes cancer? These diseases will cost our program that they can no longer de- her up in the middle of the night to country $394 billion in medical ex- pend upon the formula for LIHEAP make sure she is going to be alive in penses and lost productivity in this funds which they have been now for al- the morning. your alone. most 20 years. That is the reality. They only ask In simple dollar terms, the amount of I hope my colleagues will reject this one thing of me. Please make sure that money we are alleging we will save by proposal. we continue the research into diabetes cutting medical research just means I yield the floor. at the National Institutes of Health. more people afflicted with disease, MOTION TO INSTRUCT CONFEREES Autism: Are you aware of the fact more medical expenses for them and Mr. DURBIN. Mr. President, I ask that 1 out of every 165 children in for our Nation. unanimous consent that the pending America now suffers from autism? I Increased investment in NIH research motion be set aside and that I may be don’t know why. We are not certain can yield extraordinary breakthroughs. permitted to file a motion at the desk. why. We can maintain our leadership role in The PRESIDING OFFICER. Without Do we want to stop asking the impor- the world in medical research. We can objection, it is so ordered. tant questions? You know the struggle further the missions we have started at The clerk will report. these children go through and their the National Institutes of Health. We The assistant legislative clerk read families go through to cope with their need to significantly increase medical as follows: terrible disease. Why in the world research funding, not back off. We need Mr. DURBIN moves that the managers on would we step away from medical re- to support our Nation’s researchers. the part of the Senate at the conference on search funding in this area? They need to know we stand behind the disagreeing votes of the two Houses on The autism research NIH supports is them. These men and women working the bill H.R. 3010 (making appropriations for looking at biological factors that cause in the laboratories, as I stand and the Departments of Labor, Health, and speak in the Senate, need to know this Human Services, and Education, and Related autism but also looking at interven- Agencies for the fiscal year ending Sep- tions—what works and what doesn’t budget process is not going to move tember 30, 2006, and for other purposes) be in- work. We owe it to the NIH to allow from left to right and up and down. structed to insist on retaining the Senate- them to continue their work. The list They need to know there is continuity passed provisions relating to funding for the goes on and on. and commitment from our Government National Institutes of Health. Members of the Senate and the House so they can dedicate their lives to this Mr. DURBIN. Mr. President, what I are visited on a regular basis by indi- important work. am doing with this motion is making a viduals and families who are suffering I urge my colleagues to join me in statement of policy that I think most from diseases and maladies. They ask charging the conferees to retain the American families would support. It is us to do something, please—whether it Senate language, which increases the this: is cancer or heart research or diabetes budget of the National Institutes of In this troubled time, when we are or asthma. Please make sure the fund- Health by $1 billion. A billion could not having difficulties with our budget, the ing levels continue. be better spent in this economy. Any one area we absolutely must protect is NIH-supported research into mus- who have had the misfortune of learn- medical research at the National Insti- cular dystrophy is promising. Children ing of a serious illness in the family tutes of Health. are living longer. We cannot back off. say a little prayer to God, then try to Over the last 10 years or more, we We cannot lose sight of the enormous find the best doctor and hospital we have made a concerted effort in Amer- role that NIH research plays in the dis- can find. We walk into that doctor’s of- ica to invest more money in medical covery of treatments and cures for the fice, frightened with what we are about research, to ultimately double the life-threatening illnesses that afflict to hear, hoping that doctor will say amount of money going into medical millions of Americans each year—such there is something we can do. If the research. It is a heroic effort, and it is as heart disease, cancer, and stroke. doctor says they are not quite there the right thing to do under Presidents NIH research grants have moved us yet, this illness that we are concerned of both political parties because we un- to the forefront of the world’s sci- about is one that they do not have a

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13291 grip on yet, we pray to God that some- We are on the vanguard of enormous Mr. COCHRAN. Mr. President, I move one somewhere in a laboratory con- advances on some classifications of to reconsider the vote by which the nected with medical research is trying cancer, on the research on many mala- motion was agreed to and to lay that to find that cure to save that person we dies which confront America. motion on the table. love so much. It is something of sharper focus this The motion to lay on the table was Unlike most people who can just pray year to me than in the past, although agreed to. for that outcome, we can do something I have steadfastly supported NIH dur- The PRESIDING OFFICER. The about it in the Senate. We can say that ing my entire tenure in the Senate. question is on agreeing to the motion a national priority will be medical re- This is a modest addition. I believe this to instruct offered by the Senator from search come hell or high water. We can Senate will instruct the conferees, and Illinois. say that we are not going to back out we will have more than 50 votes. The The yeas and nays have been ordered. of a 36-year commitment to increase difficult part is getting it done in con- The clerk will call the roll. the funding for the National Institutes junction with the House. It is a good The assistant legislative clerk called of Health. amendment. I urge my colleagues to the roll. Some will argue there are higher pri- support it. Mr. MCCONNELL. The following Sen- orities. There are some who believe tax I yield the floor and yield back the ator was necessarily absent: the Sen- cuts for wealthy Americans are much remainder of my time. ator from Nevada (Mr. ENSIGN). more important than dealing with The PRESIDING OFFICER. The Mr. DURBIN. I announce that the medical research. Those ranks do not question is on agreeing to the motion Senator from Delaware (Mr. BIDEN), include this Senator. I believe medical made by the Senator from Pennsyl- the Senator from New Jersey (Mr. research should be the highest priority. vania. CORZINE), the Senator from Hawaii (Mr. It has no partisan side to it. Repub- The yeas and nays have been ordered. INOUYE), the Senator from Nebraska lican and Democrats, people who do The clerk will call the roll. (Mr. NELSON), the Senator from Michi- not vote, we all get sick. We all pray The legislative clerk called the roll. gan (Ms. STABENOW), are necessarily Mr. MCCONNELL. The following Sen- there will be a commitment by this absent. I further announce that, if ator was necessarily absent: the Sen- Senate and by this Nation for premier present and voting, the Senator from ator from Nevada (Mr. ENSIGN). medical research to find cures for those Nebraska (Mr. NELSON) and the Sen- Mr. DURBIN. I announce that the illnesses. ator from Michigan (Ms. STABENOW) Senator from Delaware (Mr. BIDEN), I yield the floor and suggest the ab- would each vote ‘‘yea.’’ the Senator from New Jersey (Mr. The PRESIDING OFFICER. Are there sence of a quorum. CORZINE), the Senator from Hawaii (Mr. any other Senators in the Chamber de- The PRESIDING OFFICER (Mr. INOUYE), the Senator from Nebraska siring to vote? THUNE). The clerk will call the roll. (Mr. NELSON), and the Senator from The result was announced—yeas 58, The legislative clerk proceeded to Michigan (Ms. STABENOW) are nec- nays 36, as follows: call the roll. essarily absent. Mr. DURBIN. I ask unanimous con- [Rollcall Vote No. 350 Leg.] I further announce that, if present sent that the order for the quorum call YEAS—58 and voting, the Senator from Nebraska be rescinded. Akaka Dodd Mikulski (Mr. NELSON) and the Senator from Alexander Dorgan The PRESIDING OFFICER. Without Murray Michigan (Ms. STABENOW) would vote Allen Durbin Nelson (FL) objection, it is so ordered. ‘‘aye.’’ Baucus Feingold Obama Mr. DURBIN. I yield back all remain- Bayh Feinstein The PRESIDING OFFICER. Are there Pryor ing time. Bingaman Harkin Reed any other Senators in the Chamber de- Boxer Hutchison The PRESIDING OFFICER. Without Reid siring to vote? Burr Isakson Roberts objection, it is so ordered. Byrd Jeffords The result was announced—yeas 66, Rockefeller Cantwell Johnson Mr. DURBIN. I ask for the yeas and Salazar nays 28, as follows: Carper Kennedy nays on the pending motions. Sarbanes [Rollcall Vote No. 349 Leg.] Chafee Kerry The PRESIDING OFFICER. Is there Schumer YEAS—66 Chambliss Kohl objection to requesting the yeas and Clinton Landrieu Smith nays on two motions concurrently? Akaka Dorgan Mikulski Coleman Lautenberg Snowe Baucus Durbin Murkowski Collins Leahy Specter Without objection, it is so ordered. Bayh Feingold Murray Conrad Levin Talent Is there a sufficient second? Bennett Feinstein Nelson (FL) Cornyn Lieberman Warner There is a sufficient second. Bingaman Frist Obama Dayton Lincoln Wyden The yeas and nays were ordered. Bond Grassley Reid DeWine Lugar Boxer Hagel Rockefeller Mr. SPECTER. Parliamentary in- Burns Harkin Salazar NAYS—36 quiry: Do I have 5 minutes on the Dur- Burr Hatch Santorum Allard Domenici McCain bin motion? Byrd Hutchison Sarbanes Bennett Enzi McConnell The PRESIDING OFFICER. The time Cantwell Jeffords Schumer Bond Frist Murkowski Clinton Johnson Shelby Brownback Graham Santorum was just yielded back. Coburn Kennedy Smith Bunning Grassley Sessions Mr. SPECTER. The time was yielded Cochran Kerry Snowe Burns Gregg Shelby back? Coleman Kohl Specter Coburn Hagel Stevens Collins Landrieu Stevens Senator DURBIN did not have the au- Cochran Hatch Sununu Conrad Lautenberg Sununu Craig Inhofe Thomas thority to yield back my time. Dayton Leahy Talent Crapo Kyl Thune I understand he did not have that au- DeWine Levin Thune DeMint Lott Vitter thority. I am obliged it was not Sen- Dodd Lieberman Voinovich Dole Martinez Voinovich Dole Lugar Warner ator DURBIN. It was unnamed conspira- Domenici Martinez Wyden NOT VOTING—6 tors that I will deal with later. NAYS—28 Biden Ensign Nelson (NE) I support the amendment of the Sen- Corzine Inouye Stabenow ator from Illinois to reinstate the Sen- Alexander Crapo McCain Allard DeMint McConnell The motion was agreed to. ate mark on the National Institutes of Allen Enzi Pryor Mr. COCHRAN. I move to reconsider Health because the money is needed. Brownback Graham Reed the vote. When you take in the inflation factor, Bunning Gregg Roberts Carper Inhofe Mr. CRAIG. I move to lay that mo- NIH will be funded at a lower rate this Sessions tion on the table. Chafee Isakson Thomas year than last year. Chambliss Kyl Vitter The motion to lay on the table was The Senate has taken the lead, initi- Cornyn Lincoln agreed to. Craig Lott ated by Senator HARKIN and myself and The PRESIDING OFFICER. Under our subcommittee, the full Committee NOT VOTING—6 the previous order, the Chair appoints of Appropriations, to more than double Biden Ensign Nelson (NE) Mr. SPECTER, Mr. COCHRAN, Mr. GREGG, NIH funding from $12 billion to $28 bil- Corzine Inouye Stabenow Mr. CRAIG, Mrs. HUTCHISON, Mr. STE- lion. The results have been remarkable. The motion was agreed to. VENS, Mr. DEWINE, Mr. SHELBY, Mr.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13292 CONGRESSIONAL RECORD — SENATE November 18, 2005 DOMENICI, Mr. HARKIN, Mr. INOUYE, Mr. the lower 48, and that in itself would We are building pipelines, we are REID, Mr. KOHL, Mrs. MURRAY, Ms. drive prices down. Americans have drilling for more natural gas out West LANDRIEU, Mr. DURBIN, and Mr. BYRD power to help themselves if they sim- and in the overthrust belts than we conferees on the part of the Senate. ply would turn their thermostats down ever have before, and there are trillions The Senator from Idaho. by 2 degrees. of cubic feet available out there if we f I am not going to do a ‘‘Jimmy Car- can get to it. We are making every ef- ter’’ on you by saying put on a sweater, fort to, and this administration is MORNING BUSINESS but if you did turn your home heating doing just that. In the interim, in the Mr. CRAIG. Mr. President, I ask thermostat down by 2 degrees and if reality of a cold winter, America, you unanimous consent that there now be a you did put on a sweater and if you are can help yourself. America, you can period for the transaction of morning a couple living by yourself in a large drive a little slower, you can turn your business, with Senators permitted to home and you turn off the radiators in thermostats down, and if we were all to speak for up to 10 minutes each. some of your bedrooms that you are do that collectively, it would have a The PRESIDING OFFICER (Mr. MAR- not using and close the doors, there dramatic impact on the marketplace TINEZ). Without objection, it is so or- could literally be a dramatic savings and on consumption. dered. across this country. Does it have to be mandated by law? Mr. CRAIG. Mr. President, I ask If you want to change your gas price Need there be a law to tell you that unanimous consent that I be able to experience at the pump, instead of you can save a little money by those proceed for 10 minutes, to be followed driving 70 and 75 or 80 miles per hour actions? I would hope not. I would hope by the Senator from Massachusetts, on the freeway, why don’t you go back that the wisdom of the pocketbook Mr. KERRY, for 10 minutes. to 60 or 65? And if you turned it down would suggest that we be prudent as to The PRESIDING OFFICER. Without and slowed it down, oil consumption a procedure to follow. objection, it is so ordered. The Senator could drop in a day—a day—in this Senator BINGAMAN and I are going to from Idaho is recognized. country by 1 million barrels of con- supply packets to the offices of our col- f sumption. That is the power of the leagues. We hope our colleagues will American consumer if the American ENERGY CONSERVATION pass those on. We hope our colleagues consumer wants to do something about might take the time to do a public Mr. CRAIG. Mr. President, for the it instead of pointing fingers and blam- service announcement over the course last several weeks, those of us who ing—and there is plenty of that going of the next month, talking to their serve on the Subcommittee on Health around, and we deserve to take some of folks at home about the opportunity and Human Services have been trying it. The consumer is not without power. and what is available. I think it is ap- to find adequate resources amongst Let me suggest this in my time re- propriate, and I think it is the right other resources to fund LIHEAP, the maining. Senator BINGAMAN and I thing to do. money necessary to help low-income would like to help in that effort. So we Senator BINGAMAN and I have coa- families provide for their comfort this are going to provide conservation pack- lesced with industry to see if they can- winter. I thought it would be an appro- ages, packets of information to our col- not collectively begin to produce a priate time to talk about that for a lit- leagues’ offices that they can send out greater message of clarity about the tle bit because I think Americans need in their letters to their constituents opportunity in the marketplace to con- to understand they are not without advising and assisting in this kind of serve and to save and, in so doing, to power to do a few simple things over conservation effort. We hope you do it. lower the overall cost of energy and its the course of the next several months If every Senator and all Senate staffs impact upon the American economy. of this winter to help themselves as it turn off their computers when they go Want to give yourself a Christmas relates to the heating of their own home at night—shut them down, hit gift? Put on a sweater and turn the homes. the off switch, turn out the lights in thermostat down 2 degrees. Americans spend more than $160 bil- your office. If that were done across I yield the floor. lion—that is right, $160 billion—a year America today, heating bills and en- The PRESIDING OFFICER. The Sen- on heat, cooling, lights, and living in ergy bills would drop precipitously. ator from Massachusetts. their homes. That is an awful lot of But we are in this mode of every- Mr. KERRY. Mr. President, I ask money. If most Americans are like I thing on, all the lights on, the thermo- unanimous consent I be permitted to am, I would like to know how I can stat turned up because we are still liv- proceed for such time as I may con- bring that number down a little bit, ing in the memory of surplus and inex- sume in order to finish my statement. how I might be able to tighten my belt pensive energy. That memory is gone. It will not be much more than 10 min- a little or my family’s budget a little The reality is that the world has utes. bit during this time of extremely high- changed significantly, and while we The PRESIDING OFFICER. Without priced energy. scramble to catch up and provide in- objection, it is so ordered. We hear about record natural gas creased availability of supply in the Mr. KERRY. Subsequently, I ask prices and 30- and 40- and 50-percent in- market—and that is what we are doing unanimous consent that the Senator creases in heating bills this winter for and that is what the national energy from Arizona, Mr. KYL, be recognized those who heat with natural gas. We policy passed in August is attempting to speak after me. know those who heat with home heat- to do—while that is happening, you The PRESIDING OFFICER. Without ing oil in the Northeast are going to know what we can do: We can help our- objection, it is so ordered. pay substantially more. In the West selves. f and in the pipelines of the West on So once again I say to America, turn which my home is connected, where your thermostat down a few degrees, JACK MURTHA, AN AMERICAN there is more gas, we are still going to put on a sweater, shut portions of your PATRIOT be paying 25 or 30 percent more. house down and take literally tens, if Mr. KERRY. Mr. President, yester- What might we do about it? Let me not hundreds, of dollars off your heat- day, as all of us know, JACK MURTHA, suggest a couple of things. ing bill in the course of a winter. If we one of the most respected Congressmen Do you know that if you lower your do it collectively across America, by on military affairs, one of the most re- home heating thermostat by 2 de- spring, natural gas prices could be spected Congressmen on national secu- grees—by 2 degrees—for every degree down dramatically, and we would not rity issues, a former marine drill ser- you lower it, you save 1 percent on see the kind of job loss that is occur- geant and a decorated Vietnam vet- your heating bill. We were told by ex- ring today in the chemical industry as eran, spoke out on our policy in Iraq. perts recently who were testifying be- large manufacturing plants are shut Whether one agrees or disagrees with fore the Energy and Natural Resources down simply because they cannot af- Congressman MURTHA is not the point. Committee, if every American did that ford the price of natural gas, and they He did not come to this moment light- this winter, by spring, we could poten- are moving elsewhere in the world to ly. Any one of us who knows Congress- tially have a surplus in natural gas in produce their product. man MURTHA or anybody who has

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13293 worked with him over these years, Re- CHUCK HAGEL showed that he has not bands, and their fathers who are over publican or Democrat, respects this forgotten that when he said: The Bush there. They are concerned and want an man, respects his personal commit- administration must understand that open debate about what will best sup- ment to our country, respects his un- each American has a right to question port the troops and how to get them derstanding of these issues, and under- our policies in Iraq and should not be home the fastest with the job done the stands he did not come to that moment demonized for disagreeing with them. most effectively. lightly. Too many people seem to have for- The only way to get it done right in He spoke his mind and he spoke his gotten that long ago and too many of Iraq, the only way to get our sons and heart out of love for his country and our friends on the other side of the daughters home, is for all of us to out of absolute and total unconditional aisle somehow think that asking tough weigh in on this issue. We also need to support for the troops, of which he was questions is pessimism. It is not pes- be mindful that as the White House yet once one. simism. It is patriotism. It is how one again engages in a character assassina- I do not intend to stand for, nor lives in a democracy. We are busy try- tion to stop Americans from listening should any of us in the Congress stand ing to take to Iraq and take to Afghan- to the words of a military expert and for, another Swiftboat attack on the istan and take to the world the democ- understanding the consequences, we character of JACK MURTHA. It frankly racy we love and we are somehow un- need to understand the consequences of disgusts me that a bunch of guys who willing to fully practice it at home. the road we have already traveled be- never chose to put on the uniform of We have seen the politics of fear and cause when one looks at the road we their country now choose in the most smear too many times. Whenever chal- have already traveled, it makes it even personal way, in the most venomous, lenged, there are some Republican more imperative that we have this de- to question the character of a man who leaders who engage in the politics of bate and engage in this dialogue. did wear the uniform of his country personal destruction rather than de- It is a stunning and tragic journey and who bled doing it. It is wrong. He bate the issues. It does not matter who that on many different occasions even served heroically in uniform. He served one is. When they did it to JOHN defies fundamental common sense and heroically for our country. MCCAIN, we saw that it does not matter leaves a trail of broken promises. From Have we lost all civility and all com- what political party one is in. When the very start, when we were talking mon sense in this institution and in they did it to Max Cleland, we saw that about what it might cost or not cost, this city? No matter what J.D. it does not matter if one’s service put when an administration official sug- HAYWORTH says, there is no sterner them in a wheelchair. And when they gested it would cost $200 billion, he was stuff than the backbone and courage did it to JACK MURTHA yesterday, per- fired, not listened to. When people won- that defines JACK MURTHA’s character haps the most respected voice on mili- dered how we would pay for the war and his conscience. tary matters in all of the Congress, we and we were told the oil will pay for it, DENNIS HASTERT, the Speaker of the saw that some in this administration while others were saying the oil infra- House, who never chose to put on the and their supporters will go to any structure was not sufficient to pay for uniform of his country and serve, lengths to crush any dissent. it, they were not listened to. When the called JACK MURTHA a coward and ac- Once again, some are engaged in the cused him of wanting to cut and run. lowest form of smear-and-fear politics administration could have listened to On its face, looking at the record, look- because I guess they are afraid of actu- General Shinseki and actually put in enough troops to maintain order, they ing at his life, JACK MURTHA has never ally debating a senior Congressman chose not to. When they could have cut and run from anything. JACK MUR- who has advised Presidents of both par- learned from George Herbert Walker THA was not a coward when he put him- ties on how to best defend our country. self in harm’s way for his country in They are afraid to debate the substance Bush and built a genuine global coali- Vietnam and he earned two Purple with a veteran who lives and breathes tion so we had the world with us, not Hearts. He was a patriot then and he is the concerns of our troops, not the most of the world questioning us or a patriot today. He deserves his views empty slogans that sent our troops to against us, they chose not to. When to be respected, not vilified. war without adequate body armor, they could have implemented a de- tailed State Department plan for re- JACK MURTHA did not cut and run without adequate planning, without when his courage earned him a Bronze adequate strategy. constructing post-Saddam Iraq, they Star, and his voice ought to be heard Maybe they are terrified of actually chose not to. When they could have today, not silenced by those who would leveling with the American people protected American forces and pre- actually choose to cut and run from about the way that they did, in fact, vented our kids from getting blown up the truth. mislead the country into war or of ad- by ammunition that was in the dumps Just a day after Vice President DICK mitting that they have no clear plan to of Saddam Hussein and in the various CHENEY, who himself had five finish the job and get our troops home. locations our military were aware of, deferments from service to his country Whether one agrees with Jack Mur- they chose not to. Instead of guarding because, as he said, he had other prior- tha’s policy statement yesterday is ir- those ammunition dumps and armor- ities than serving his country, just 1 relevant. The truth is there is a better ies, they chose not to. When they could day after he accused Democrats of course for our troops and a better have imposed immediate order and being unpatriotic, the White House ac- course for America in Iraq. The Senate structure in Baghdad after the fall of cused JACK MURTHA of surrendering. itself went on record this week as say- Saddam, Secretary Rumsfeld shrugged JACK MURTHA served 37 years in the ing exactly that. Every Senator in this his shoulders and said, Baghdad was U.S. Marine Corps. JACK MURTHA does body voted one way or the other to ex- safer than Washington, DC, and they not know how to surrender, not to press their feelings about Iraq. chose not to take action. enemy combatants and not to politi- I intend to keep fighting, along with When the administration could have cians in Washington who say speaking a lot of other people, to make certain kept an Iraqi army selectively intact, one’s conscience is unpatriotic. we take that better course for the good they chose not to. When they could The other day we celebrated what of our country. have kept an entire civil structure would have been the 80th birthday of American families who have lost or functioning in order to deliver basic Robert Kennedy. When Robert Kennedy who fear the loss of their loved ones services to Iraqi citizens, they chose opposed the war in Vietnam, despite plain deserve to know the truth about not to. When they could have accepted the fact that his brother and the ad- what we have asked them to do, what the offers of the nations and individual ministration he was in had been in- we are doing to complete the mission, countries to provide on-the-ground volved in articulating that policy, he and what we are doing to prevent our peacekeepers, reconstruction assist- talked about how there was blame forces from being trapped in an endless ance, they chose not to. When they enough to go around. He also said the quagmire. Our military families under- should have leveled with the American sharpest criticism often goes hand in stand—I mean, all one has to do is visit people that the insurgency had in fact hand with the deepest idealism and with them when they come here and grown, they chose not to. Vice Presi- love of country. they talk about their sons, their hus- dent CHENEY even absurdly claimed

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13294 CONGRESSIONAL RECORD — SENATE November 18, 2005 that the insurgency was in its last When the President spoke in re- radical Islamists who are watching throes. sponse, I think he was entitled to be very carefully what we do in Iraq. All of these mistakes tell us some- listened to and not ridiculed and not When you remember what Saddam thing. They scream out for a debate. condemned for criticizing those who Hussein said about the weak horse and They scream out for a dialogue. They disagreed with him. Neither side need the strong horse, you know how impor- scream out for a policy that gets it back away from making their argu- tant it is for the United States to right. ments and arguing that the other side maintain a firm, strong position with We are in trouble today precisely be- is wrong. But of course no one should respect to completing the job in Iraq. cause of a policy of cut and run where be questioning anyone else’s patriot- To the extent that there is a sugges- the administration made the wrong ism. It is assumed anyone who serves tion that we will back out if they keep choice to cut and run from established this Government, and certainly anyone enough pressure on us, it does play into procedures of gathering intelligence who has put on the uniform of this their hands because they simply play and of how it is evaluated and shared Government, is a patriot. In the case of the waiting game in order to wait us with the Congress; to cut and run from Congressman MURTHA, I would be the out until they can move in and do more the best military advice; to cut and run first to assert that fact. evil deeds. That is where I think the from sensible wartime planning; to cut I think there are two critical facts debate comes down. It is a legitimate and run from their responsibility to with respect to this dispute. The first debate to have, but I think the Presi- properly arm and protect our troops; to set of facts is that our intelligence, and dent is on the right side of that debate. cut and run from history’s clear les- that of virtually every other nation in We have to finish the job before we sons about the Middle East and about the world, believed that Saddam Hus- withdraw. Iraq itself; to cut and run from com- sein was a threat to the world and had Mr. KERRY. Will the Senator yield? mon sense. That is the debate some weapons of mass destruction and in Mr. KYL. I am happy to. The PRESIDING OFFICER. The Sen- people appear to want to avoid in this some cases was developing capability for additional weapons of mass destruc- ator from Massachusetts. country. Mr. KERRY. Mr. President, I respect Instead of letting his cronies verbally tion, such as nuclear weapons. Some of the comments of the Senator and I ap- blast away, the President ought to fi- that intelligence turned out not to be preciate the way he has approached it nally find the will to debate the real correct. But it does not mean that the people who debated the issues were and I am grateful to him and thank issue instead of destroying anyone who him, as I am sure others do, for his speaks truth to power as they see it. liars or deliberately misrepresenting comments about Congressman MUR- It is time for Americans to stand up the facts. I daresay, if you took com- THA. I know he would agree with me ments I made on the floor of the Sen- and fight back against this kind of pol- that those who suggested what he is ate and comments the Senator from itics and make it clear that it is unac- saying is cowardly or suggested that is Massachusetts made on the floor of the ceptable to do this to any leader of any surrender, that those are words prob- Senate, they would align pretty close- party anywhere in our country at any ably inappropriate in this debate. I ly. They were pretty similar because time. We can disagree, but we do not think the Senator would agree with me they were based on the same intel- have to engage in this kind of personal that those characterizations have no ligence. The same thing was said by attack and personal destruction. place here. And he is right about the other Democrats and Republicans, by I hope my colleagues will come to the question of how everybody approached floor and engage in this debate. Our people in the administration, by people the intelligence. We all did have a uni- country will be stronger for it. That is in the former administration. I do not fied belief about the existence of weap- what we ought to do instead of attack- think it is appropriate to assign delib- ons—most of us. ing the character of a man such as erate motives to mislead to any of But I disagree with the Senator. I JACK MURTHA. Believe me, that is a those people. would ask him if he does not agree that fight nobody is going to win in our I myself believe that the information there are legitimate areas of inquiry, America. was not correct with respect to the which the Intelligence Committee is I yield the floor. weapons of mass destruction but that now pursuing, with respect to what The PRESIDING OFFICER. The Sen- the people who were giving it to us happened to certain intelligence that ator from Arizona. honestly believed it was correct. So I came to the Congress? For instance— Mr. KYL. I ask unanimous consent to don’t even think the people in the CIA about five areas. One was the speech consume such time as I may take. were deliberately misleading anyone, that was made by the President, where The PRESIDING OFFICER. Without though they turned out to be wrong. he referenced nuclear materials coming objection, it is so ordered. Can’t we agree that people make mis- from Africa which, in fact, the CIA on Mr. KYL. Mr. President, I am going takes, especially with respect to that three different occasions, both verbally to speak in a moment about the PA- murky area of intelligence where noth- and in writing, informed the White TRIOT Act, but before I do, I want to ing is ever black and white, where ev- House: Don’t use this. But nevertheless respond to a couple of comments that eryone is always gathering bits and it was used. were made by the Senator from Massa- pieces of information and trying to Whether that was intentional or in- chusetts. construct a jigsaw puzzle out of it advertent, all we know is that winds up I served with Congressman MURTHA when a lot of pieces are missing and being misleading because the CIA dis- when I was in the House of Representa- where the enemy is deliberately trying agreed with the evidence. tives, and there is no greater patriot in to deceive you? It is very difficult busi- Likewise, telling America they could the United States than Congressman ness. While I am somewhat critical, as deliver biological, chemical weapons MURTHA. In that, the Senator from a member of the Intelligence Com- within the period of 45 minutes, which Massachusetts and I agree. I disagree mittee, of the people who were engaged was disagreed with in the intelligence with Congressman MURTHA’s opinions, in the activity at the time, I don’t community, was not signed off within but that is a matter of debate and that question their motives either. the intelligence community. is one of the reasons we have the kind The other fact that I think is true is Likewise, suggesting Iraq had trained of open society that we do. that it would be wrong for us to leave al-Qaida in the creation of bombs, I do not think anyone is trying to Iraq now. This is where I would dis- bomb making, and poison creation— crush debate or dissent or prevent agree with Congressman MURTHA. I be- not agreed by the intelligence commu- questions from being asked. But it is a lieve the consequences of leaving or nity; in fact, erroneous. fact that when the President of the setting up a timetable to leave soon, Likewise, as the Vice President said United States is accused of deliberate before the job is done, would not only on several occasions, that there was a manipulation of intelligence to bring be absolutely devastating for the peo- meeting between Iraq and al-Qaida us into war—some have even said lied ple in Iraq who have been trying to set operatives, a meeting that the intel- in order to bring us into war—that de- up their own government but would ligence community did not substan- serves response. That is part of a also set us back in the war against tiate, which we now know did not take healthy debate. these terrorists, these evildoers, these place.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13295 Those are, on their face, misleading the majority of the intelligence com- Finally, in regard to this alleged representations made to us, which munity believing that those were for meeting that never actually occurred, Members of the Congress operated on. I one purpose related to production of if it is the meeting in Czechoslovakia would assume the Senator would agree nuclear materials. And you had a cou- that the Senator was referring to, that the mere fact that there were no weap- ple of other agencies that had expertise is a matter of dispute. I don’t think it ons of mass destruction means we were in the area saying they didn’t think so. has ever been resolved one way or the all misled. Whether it was intentional I am not sure that anyone has ever other. is the operative question. concluded which were actually correct, The point of all of this is it is one I can’t tell you whether it was inten- or not, but a lot of information has thing to say the intelligence was incon- tional. But I certainly know that when been thrown out that clearly the ma- clusive and in some cases that there you ignore the CIA’s warnings, don’t jority opinion was wrong. I don’t know were disputes in the intelligence com- use this intelligence, and nevertheless that one can say that. munity and in some cases it was not it winds up in the State of the Union So I think we have to be careful. accurate. It is quite another to allege message, there is a disconnect that There are frequently, in intelligence that the people who used the intel- raises the most serious questions, that estimates, little caveats: We are not ligence were misleading other people. leaves a lot of us wondering. sure how good this particular source is; Certainly, I was not deliberately mis- I ask the Senator, does he not agree we are not sure about this particular leading anyone, and I am certain the that those instances where the intel- element. Senator from Massachusetts was not ligence community is in disagreement But usually a consensus is reached. deliberately misleading anyone when and they don’t tell us they are in dis- That consensus is what was briefed to we said roughly the same thing based agreement and we don’t get the same us and that is what we were relying on. upon the same intelligence that sug- intelligence, provides some serious With respect to the four specific gested that Saddam Hussein was a questions? points—with respect to the issue of yel- threat and had weapons of mass de- Mr. KYL. Mr. President, I was very low cake coming from Niger, it was a struction. happy to have the Senator from Massa- fact that the intelligence the United The final point on this, and then I do chusetts take a long time to make a States had was not nearly as conclu- want to turn to the PATRIOT Act, lot of points, asking an important sive as the intelligence from Great there is a bit of a double standard in question. Therefore, I am happy to en- Britain, and therefore the President that critics of the administration are gage in what amounts to a debate on was advised—not the President himself now saying: You can’t just look to the the issue. I would be delighted to com- directly but his speechwriters were ad- consensus opinion, you need to look at ment on the specifics that he points vised—not to suggest that our intel- some of those within the intelligence out. ligence confirmed the attempts of Iraq community who were dissenting about I served on the Intelligence Com- to acquire this nuclear material from certain aspects of intelligence, the so- mittee for 8 years during this period of Niger but rather to refer to a different called nuggets. If you look deeply into time and have a fair degree of informa- intelligence service which, in fact, had this report, you will find there was tion about it. I need to reflect a little concluded that the attempt had been some element of it that did not quite bit carefully about what one can now made. That was the British service and jibe with the rest of the consensus or say because, after a while, you realize, that was the reference in the speech. there was some entity in our Govern- when you are on the committee, it is The British service still stands by its ment that didn’t totally agree with the better not to say a lot because it might position. consensus opinion. As I said, you are be one of the things you should not be With respect to the bioweapons, going to see that through any national talking about. But I think I should there was very good evidence to sug- intelligence estimate or any other de- speak to each of these items. gest, prior to the war, that Saddam scription of intelligence analysis. The last one first. No, I don’t agree Hussein not only had a viable bioter- We encourage that. One of the 9/11 that being in error is the same as mis- rorism program but that he had even Commission recommendations, and the leading. I don’t think that the people mobilized—in one respect, mobilized other commissions that have looked in the intelligence agencies were mis- that program. into this, is that there is not enough leading us. They were, in some in- I am not certain we can say, from the devil’s advocacy going on. There is too stances, in error. Frequently, they ex- Senate floor, how we have finally eval- much ‘‘group think’’ within the intel- pressed their views with caveats and uated the intelligence with respect to ligence community. So it is a good degrees of certainty that, frankly, are that. I think it would be probably dif- thing to have that intelligence ques- not reflected in the public debate. ficult for any Senator to discuss the tioned. Mr. KERRY. Mr. President, will the issue in great length. I would be willing I remember there was actually criti- Senator yield? to acknowledge that, certainly, ques- cism of Vice President CHENEY because Mr. KYL. Let me make my point tions have been raised about whether it he went down to the CIA headquarters here. They have a very careful way of turns out that there were mobile units and had the temerity to ask these expressing their views. In the public devoted to creation of bioweapons. agents: Are you sure about this? Are debate, I have noted the political peo- Third, with respect to the intel- you sure about this intelligence? ple are not nearly as nuanced and care- ligence that Iraq agents had actually They said: What’s he doing that for? ful in expressing these views as the instructed terrorists in bomb making He is a so-called consumer of the in- member of the intelligence community and poison making, that information telligence. He has every right to say: is. was very clear. It was issued by CIA Di- Are you absolutely sure of this? Second, with respect to that, ordi- rector George Tenet. It was public in- People within the administration narily the way that views were ex- formation, so that can be discussed on should be questioning as well. That is pressed to us, and specifically in this the floor of the Senate, and I am aware why I think it is so unfortunate that case, they represented the majority of nothing that draws any question there is, literally, a cabal to attack the opinion or the consensus within the in- about that particular evidence. I do not Defense Department for questioning telligence community. Where there recall whether it specifically related to some of the intelligence community’s were significant questions or dif- al-Qaida or terrorists or al-Qaida-con- estimates—not all of which turned out ferences of opinion within the intel- nected terrorists. I probably should not to be right, as we know. But there is an ligence community, those were noted speak to that issue because I am not investigation that has been actually and sometimes with respect to some certain how much is classified. But it formally requested. In order to get it issues, there were divisions. Without is absolutely certain in public testi- resolved, the Defense Department has getting into a lot of detail, there has mony, and in a letter George Tenet agreed to conduct an inspector gen- been a lot of talk about another issue specifically sent to the Congress he dis- eral’s investigation into one of the of- that the Senator did not raise, the so- cussed the issue of Iraq training ter- fices of the Department of Defense, called aluminum tubes. Without get- rorist bomb makers in the art of chem- into the question of whether it should ting into a big debate about it, you had ical weapon-making. have questioned the intelligence of the

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13296 CONGRESSIONAL RECORD — SENATE November 18, 2005 CIA and taken its analysis and its other kind of projectile. There were that, was it not, that this Senate, after questions to other people within the two agencies within our government full debate, voted to authorize military Defense Department or the national se- that held that latter view. The major- actions in Iraq. curity apparatus of the administration. ity of the intelligence community held Mr. KYL. Mr. President, the Senator Why not? The whole point of these the former view. from Alabama is correct. I would say commission recommendations is people But, yes, I remember as a member of that we should not make too much of ought to be asking questions. The CIA the committee being briefed on that these nuance opinions and disagree- is not a monastery of monks who get and hearing testimony on it numerous ments. In one sense, they are impor- manipulated intelligence that nobody times. tant; but in another sense, you have to else ever looks at. The whole point of Mr. SESSIONS. That was before 78 balance that against the fact that gathering intelligence is so our policy- Members of this body—a majority of there was a mountain of evidence in makers can use it and make decisions the Democratic Members along with a different areas that all add up to the based upon it. When the policymakers majority and maybe all of the Repub- same proposition. And add to that— have questions about it, they have licans—voted to authorize hostilities in some of that turned out not to be cor- every right to ask those questions. And Iraq. rect—but add to that the element of when there is some evidence that sug- Mr. KYL. That is true. judgment. gests the intelligence is not exactly ac- Mr. SESSIONS. We knew these sub- This can’t be overemphasized. Intel- curate, they have a duty to raise that tleties and disagreements, and we were ligence analysts apply judgments and kind of issue. given the best estimate that the intel- common sense to the evidence that There is a bit of a double standard ligence agency was given. they have. Because the evidence is going on that when one wants to criti- Let me ask the Senator this: The CIA rarely black and white, you very rarely cize the administration and wants to is the Central Intelligence Agency. The get the bad guy to say, I will tell you play devil’s advocate, there was a little Senator talked about the contradiction everything I know, and it is everything bit of evidence over here that contra- between saying at one point you should you need to know about this. So you dicted the consensus in the commu- follow one or the other, or the minor- have to exercise judgment. nity, and we should have paid more at- ity opinion. Is one of the responsibil- After the first gulf war, we later tention to that. Maybe so. You can’t ities of the CIA to review all intel- learned that Saddam Hussein was turn around and criticize those, in this ligence and help advise the President, about 6 months away from having a nu- case, in the Department of Defense who as that central agency, what he should clear weapon program. That is fact No. saw the same infirmities, and who had take as reliable? 1. questions about the CIA intelligence Mr. KYL. Mr. President, the Senator Fact No. 2: Throughout the ensuing and now are being criticized because from Alabama is absolutely correct. decade, he hid his programs. He tried they had the temerity to raise those There is an important factor the Amer- to deceive the inspectors. He refused to questions. You can’t have it both ways. ican people need to understand. There comply with U.N. resolutions to release In reality, intelligence is an imper- is not just one intelligence agency, the information. One could, therefore, sur- fect proposition at best, and we ought CIA; there are lots of different ele- mise—or at least it would not be a bad to be playing devil’s advocate and be ments of our Government gathering in- presumption to engage in—that if he asking tough questions about it. But I formation, a lot of it secret informa- had it at one point, or almost had it, daresay, unless you get very good evi- tion. They meet as a group to try to we had evidence he was trying to get dence that someone was deliberately put this together and to reach a con- it. Again, he was hiding the ball at lying or misleading, you shouldn’t sensus. But when the estimates are every opportunity. The intelligence an- throw those kinds of words around. briefed to us and to the President, they alysts have to say, Which way am I Mr. SESSIONS. Mr. President, will try to arrive at a consensus. Fre- going to presume this, that he does or the Senator yield for a question? quently, that consensus is less certain that he doesn’t? They concluded that Mr. KYL. I would be happy to yield. because there are some dissenting there is every indication that we had Mr. SESSIONS. I hope every Senator views that characterize the consensus. better assume that he does. was listening to Senator KYL’s expla- Doubts are expressed in certain tech- The policymakers have to take that nation of the important issues that nical ways. a step further. We say they are not ab- have been raised. I hope the American It is one thing for the community to solutely certain; they are pretty sure, people are listening. He served on the say it is the community’s judgment; of but they are not absolutely certain Intelligence Committee. He has been course, that is stepping down from say- which way we should flop on this. through these debates from the very ing we know it as a fact. A judgment is Should we flop to the direction of inac- beginning. He is a man of integrity, not fact, it is an opinion. Then there tion? Let’s wait until we have absolute and he will be responsible in summa- are further gradations down. We are ex- proof before we do anything, or go the rizing the matters that came before us. posed to those same—these are all other way? This is pretty dangerous He indicated that we hear allegations footnoted. We all know who believed business. If, in fact, he has, we had bet- that things were black and white, when what. But at the end of the day, in ter act now before it is too late. those of us who heard the briefings order for us to get good advice, they We think we will take the action didn’t hear them that way. They try to put it together in a form that that is based upon the proposition that weren’t black and white. The alu- reaches a conclusion. Sometimes be- he will have it. That is a judgment that minum tubes—I ask the Senator from cause there are differences within the we engaged in. Arizona, regardless of the detail of it, intelligence community, those conclu- As my colleague, the Senator from whether he heard from those who de- sions are not as certain or as certainly Arizona, so eloquently has pointed out, briefed us and got various opinions expressed as they are on other occa- the choice was when, not if, we would about that issue, and we were not mis- sions because of that uncertainty. face Saddam Hussein. The question led. We were told there were various Mr. SESSIONS. That is beautifully was, would we do it on his terms or on ways to interpret that evidence, were expressed. I think that is so important ours? We chose to do it on ours. The re- we not? for us to know. sult is Saddam Hussein today stands Mr. KYL. Mr. President, I say that is I want to drive home one point. The trial for mass murder. The Iraqi people exactly right. In fact, the National In- Senator from Massachusetts and other have an opportunity for freedom, and telligence Estimate itself specifically Senators have been complaining about we have an opportunity to transform characterized the dissenting as well as these matters. I remember the brief- that region of the world into one that the majority views with respect to ings we attended. Every Senator was supports peace and opposes evildoers what those tubes were for. The major- invited. Every Senator had the right to and terrorists as opposed to one which ity view was that they were for cen- ask questions. People stayed late, if was a hot bed when Saddam Hussein trifuge, for weapons material produc- they chose to, and asked additional was in charge. tion. The minority view was they questions. They were given these Mr. SESSIONS. Mr. President, again, might be for artillery shells, or some nuanced opinions. It was only after all I thank the Senator for his thoughtful

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13297 and thorough analysis of how we came rhetoric rather than taking it down going to be good for our foreign policy. to know what we knew and how we further. And that applies to every- We look back on it now and say, What came to make the decisions about mat- body—Democrat and Republican Mem- was all the fuss about? He was right. It ters that came before us. We think bers of Congress, or the administra- was a good thing. there is no doubt that Saddam Hussein tion. Those who are threatening to hold up used weapons of mass destruction I came to talk about the PATRIOT the reauthorization of the PATRIOT against his own people. We know that. Act. I would like to make some com- Act should have pretty much the same That is indisputable. Where it went ments because we are in the middle of words spoken to them about the wall. subsequently I don’t know, and people a big debate in the Senate and House This time we are talking about the are shocked that we have not found about the reauthorization of the PA- wall between intelligence and law en- them. We know that the French intel- TRIOT Act. If we don’t reauthorize the forcement. I say to them, ‘‘Tear down ligence agency—the French Govern- PATRIOT Act, all of the tools that we this wall.’’ We did it in the PATRIOT ment opposed our entry into the war— have given to our law enforcement and Act. They are about to let the PA- believed he had weapons of mass de- intelligence community to help us win TRIOT Act expire because they have struction. the war on terror are going to—not some view that every little thing they Those matters were very important. quite, but most of those tools will want has not gotten accomplished in And what I am so glad about is people cease to exist. They will expire. That is the PATRIOT Act. have heard what Senator KYL said and why we have to reauthorize it. This is important business. For those discussed, which is relevant to this Just as it is important for us to give who are threatening to prevent the re- Senate. We knew these things, fellow the men and women in the military the authorization of the PATRIOT Act, I Senators. We discussed these things. tools they need in the missions we send challenge them to come to the Senate Grown people make decisions based on them on, the war on terror, so, too, it today, tomorrow. I will be here. Let’s the best evidence they have. is for us to ensure our law enforcement have the debate. We had many hearings, top secret and our intelligence people have the What are the big deals in the PA- briefings, and every Senator could go. tools they need to carry out the mis- TRIOT Act? The biggest is the wall We heard the argument. We heard the sion that we ask of them. coming down, as I said. There is no dis- evidence. We cross-examined, and we In the war on terror, intelligence and agreement about that. Yet, it is going to go right back up if we do not act. heard the uncertainties and certain the ability to use it in the law enforce- The second provision in the PA- levels expressed by the authorities that ment community are critical to our TRIOT Act that people have focused on success. came before us. Then we came into this is the so-called section 215 which al- body and we voted to send our soldiers One of the greatest things we accom- plished after 9/11 in passing the PA- lows a FISC, Foreign Intelligence Sur- to execute our policy in harm’s way. veillance Court, to issue subpoenas to TRIOT Act was to tear down the wall And we owe those soldiers our support. produce business records. That author- that had been created between our in- We don’t need to be undermining the ity has been in the law for a long time. telligence-gathering organizations and President, or even ourselves and our But we added it to the PATRIOT Act in law enforcement. They couldn’t talk to system, as in this circumstance mak- order to allow the FBI to seek an order each other. One could gather informa- ing the policy. We voted by a 78-to-22 from this special court that was cre- tion, but they couldn’t give it to the vote to make it more difficult to ated for: achieve and to place our soldiers at other, and vice versa. As a result, neither were able to do . . . the production of tangible things (in- greater risk. cluding books, records, papers, documents, I thank the Senator for his wonderful their job in getting information about and other items) for an investigation to ob- comments. terrorists and putting out that infor- tain foreign intelligence information. f mation to proper and good use. Not to obtain foreign intelligence in- There is virtually no disagreement THE PATRIOT ACT formation. And FISC defines ‘‘foreign that I know of that this part of the PA- intelligence’’ as information relating Mr. KYL. Mr. President, I want to TRIOT Act has been critical to our suc- to foreign espionage, foreign sabotage, get to the matter I came to speak on, cess since 9/11. Yet there are those on or international terrorism. the PATRIOT Act. both sides of the aisle in this body who Section 215 is basically a form of sub- The Senator from Massachusetts are threatening to hold up the reau- poena authority, such as that allowed spoke to us about having respect for thorization of the PATRIOT Act be- for numerous other types of investiga- one of our colleagues in the other body cause they haven’t gotten their way on tion. A subpoena is merely a request who is, in fact, a patriot and who cer- every little thing that they want, and for particular information. Unlike a tainly should never be called a coward. some of them don’t even know what warrant—and this is important—a sub- I also want to ask that same def- the conference committee has been ne- poena does not allow a government erence to those in the Defense Depart- gotiating. I am on that conference agent to enter somebody’s property ment and others who were doing their committee and I know what we have and take things. It is only a request. If duty for our country, who could have discussed, and I know what is still a the recipient objects, the Government been in the private sector making a lot matter of issue out there. must go to court and defend the sub- of money and taking care of their fami- I want to talk a little bit about the poena and seek an order for its enforce- lies but chose to serve their country in PATRIOT Act because there is a great ment. Most Federal agencies have the another way in later life by acting on deal of ignorance about what this im- authority to issue subpoenas, and behalf of all of us in matters of na- portant tool does for our war on terror. many agencies have multiple subpoena tional security. The Secretary of De- And we cannot be ignorant, even authorities. fense, Don Rumsfeld, Paul Wolfowitz, though it is a matter of law and a little The Justice Department has identi- Doug Fife, who headed the office I bit complicated. We don’t have the lux- fied over 335 different subpoena au- spoke of, these are patriots. And for ury of being ignorant about this. We thorities in the United States Code. anyone to suggest that someone like have to understand it to appreciate it. One can hardly contend that although Doug Fife or Don Rumsfeld or Paul I will speak to that for a little bit. the Federal Government can use sub- Wolfowitz were misleading anyone is, I believe, like some great controver- poenas to investigate Mohammed Atta frankly, about as low as you can get. sies of the time, history books will if it suspects he is committing Medi- And even loose words such as ‘‘unlaw- record that the controversy over the care fraud that it should not be allowed ful’’ have been thrown about. PATRIOT Act was actually something to use the same powers if it suspects he This is a very bad state of affairs we will look back on and say, What was is planning to fly airplanes into build- that we have come to when that is the all the fuss about? It is a little bit like ings. What sense would that make? kind of discourse we have in talking when President Reagan talked about Some critics argue that most of the about people who have served our coun- tearing down the wall and calling the existing authorities are different be- try honorably. I hope my colleagues Soviets the ‘‘Evil Empire.’’ There was cause section 215 subpoenas do not re- will join me in trying to elevate the great handwringing. This was not late to heavily regulated industries

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13298 CONGRESSIONAL RECORD — SENATE November 18, 2005 like some of the other subpoenas. But ple former Deputy Attorney General section 215; even though it is an impor- even subpoenas issued to investigate Comey has cited is the investigation of tant tool, we need it further restricted. the industries are used to request in- the Unabomber, Ted Kaczynski. Re- So the conference committee said, all formation from persons outside the in- member that the Unabomber’s brother right, let’s first make sure we have a dustry. For example, the Small Busi- had relayed to Federal agents his sus- new statutory relevance standard so ness Administration is authorized to picion that Ted Kaczynski was behind there is no question the information use subpoenas to aid its fraud inves- this decades-long string of mail bomb obtained has got to be relevant to the tigations. When it uses that subpoena, attacks. At the time, the Unabomber foreign intelligence investigation. it can and often does request informa- had recently published this manifesto Another concession made was that tion from others doing business—from which cited several obscure and an- there would be a three-part additional anyone doing business—with the recipi- cient texts. In order to confirm the test which would be put in place to pre- ent of the SBA loan. brother’s suspicions, Federal agents sume relevancy if you can satisfy this In one important way, the authority subpoenaed Ted Kaczynski’s library three-part test. It is going to further in section 215 of the PATRIOT Act is records and discovered that, in fact, he complicate things, further delay even narrower than the authority had checked out these same obscure things. It is not going to be easy for given by most subpoena statutes. This texts cited in the manifesto. the Justice Department to prove. is critical. Unlike these other authori- Section 215 also could have been used Moreover, another layer of bureauc- ties, a section 215 order must be directly to investigate the perpetrators racy was imposed with so-called mini- preapproved by a judge. Many people of the September 11 attacks. How so? mization standards. The Department of who debate the PATRIOT Act ignore We now know that in August of 2001 in- Justice would be required to put into this or do not know it. They say, you dividuals using Internet accounts reg- regulation limits on how long the ma- do not even have to get a court order. istered to Nawaf al Hazmi and Khalid terial could be kept, who it could be It must be preapproved by a judge. al Midhar used public access to com- given to, and so on and so on. Even grand jury subpoenas, despite puters in the library of a State college Those who had concerns about sec- their name, are simply issued by a in New Jersey. The computers in the li- tion 215 brought those concerns for- prosecutor conducting a grand jury in- brary were used to shop for and review ward and those have been negotiated. I vestigation with no judicial review airline tickets on an Internet travel know of no further issue relating to prior to their issuance. reservation site. Al Hazmi and Al section 215 in the conference that Mem- Chief among the complaints made by Midhar were hijackers aboard Amer- bers of either side of the aisle have critics of this section is that it could ican Airlines flight 77 which took off brought forward. So those of my col- be used to obtain records from book- from Dulles Airport and crashed into leagues who have said we are going to stores or libraries. Some of these crit- the Pentagon. filibuster the conference report on the ics have even alleged that section 215 The last documented visit to the li- PATRIOT Act because, among other would allow the FBI to investigate brary occurred on August 20, 2001. On things, it has this section about library someone simply because of the book he that occasion, records indicate that a records. They ought to get informed borrows from the library. Section 215 person using Al Hazmi’s account used about the section, and they also ought could, in fact, be used to obtain library the library’s computer to review Sep- to appreciate the fact that the people records, though neither it nor any tember 11 reservations he had pre- who have negotiated this on both sides other provision of the PATRIOT Act viously booked. of the aisle, on both sides of the Cap- specifically mentioned libraries or in In August of 2001, Federal agents itol, have concluded they are now done any way is directed at libraries. Sec- knew that al Midhar and al Hazmi had with this section. We have put every- tion 215 does authorize court orders to entered the United States. They initi- thing in there we need to to further en- produce tangible records and that ated a search for these individuals be- sure it can never be abused, but we could theoretically include library cause they knew they were associated want to retain it as an important part records. with al-Qaida. Had the investigators Where the critics are wrong is in sug- caught the trail of these individuals— of our tools in fighting terrorism. gesting a section 215 order could be ob- and by the way, one of the criticisms in The second of the three sections I tained because of the books that some- the 9/11 Commission Report was that discuss is section 213, the delayed no- one reads or Web sites he visits. Sec- our Government did not adequately tice searches. This is the so-called tion 215 allows no such thing. Instead, pursue these two individuals; that ‘‘sneak and peek’’ search. It is an un- it allows an order to obtain tangible there was a lot of evidence they could fortunate name. Section 213 of the act things as part of an investigation to have pieced together. They didn’t fol- merely codifies judicial common law, obtain foreign intelligence informa- low it. They let them out of their allowing investigators to delay giving tion, information relating to foreign sights, at which point they were gone. notice to the target of a search that a espionage or terrorism or relating to a They knew they were here, but they search warrant has been executed foreign government or group and na- could not find them. Had they followed against him. Section 213 allows delayed tional security. the trail of the individual and had the notice of a search for evidence of any By requiring a judge to approve such PATRIOT Act already been law, the in- Federal criminal offense if a Federal an order, section 215 assures these or- vestigators would have likely used a court finds reasonable cause to believe ders will not be used for an improper section 215 to use the library records to that immediate notice may result in purpose. And as an added protection see the Internet trail, and history endangering the life or physical safety against abuse, the PATRIOT Act also might well be different. of an individual, flight from prosecu- requires that the FBI fully inform the Finally, over half a dozen reports tion, destruction, or tampering with House of Representatives and the Sen- submitted by the Inspector General of evidence, intimidation of potential wit- ate every 6 months. These checks and the Department of Justice have uncov- nesses, or would otherwise seriously safeguards leave FBI agents little room ered no instances of abuse involving jeopardize the investigation. Notice for the types of witch hunts the PA- section 215. The latest public report in- still must be provided within a reason- TRIOT Act critics conjure up. Any use dicates this authority has been used able period of the warrant’s execution, of the subpoenas, in other words, must approximately three dozen times—not though this period may be extended for be reported to us. all related to libraries, of course. Sec- good cause. Further, and I ask Members to think tion 215 is not used very often. But we The ACLU, in particular, has been about this for a moment, especially in know that when Federal agents do use critical of section 213. One might think view of some of the criticism that has it, it is for an important purpose. I can- an organization seeking to find fault been leveled at the act, I would like to not imagine that any one of us would with this section that deals with the emphasize there are very good and le- want to stop Federal agents from using war on terrorism might focus on some- gitimate reasons why an intelligence section 215 in the way it has been used. thing other than this particular PA- or criminal investigation might extend There were those who said we should TRIOT provision because all it does is to a bookstore or a library. One exam- have some additional restrictions on codify authority that has been allowed

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13299 by the Federal courts for several dec- to return to court to renew the delay- lem stems in large measure because of ades. This is not new. The ACLU al- in-notice provision. the rhetoric, practices and secrecy of leges that section 213 expands the Gov- The Senate bill included a presump- the Bush administration and the ernment’s ability to search private tive delay of 7 days, the House bill a Ashcroft Justice Department. The property without notice to the owner. presumptive delay of 180 days, with no antidote is clear and it is simple—less It also states that section 213: provision for longer delay in particular secrecy, more congressional oversight, . . . mark[s] a sea of change in the way cases. The conference committee has more judicial review and an adjusted search warrants are executed in the United agreed to 30 days. I suggest that is an balance that better protects the rights States. eminently reasonable compromise. And and liberties of all Americans. And it finally has charged that as a for all the huffing and puffing about so- That is what we produced here in the result of the section 213 authorization called ‘‘sneak and peek,’’ this is what Senate when first the Senate Judiciary of delayed notice, ‘‘you may never the real debate has come down to. Committee and then the Senate unani- know what the government has done.’’ I have one more matter, and I will mously adopted our PATRIOT Act re- None of these allegations is true. conclude very quickly, Mr. President. authorization bill. We worked together First, the target of a delayed notice The other section, the third section, and we did so in a timely manner, com- search will always eventually ‘‘know is this one on roving wiretaps. It sim- pleting our work in July. The Senate what the government has done’’ be- ply allows terrorism investigators to appointed conferees immediately. Re- cause section 213 expressly requires obtain a wiretap for any phone that a grettably, the House did not follow that the Government give the target suspect uses rather than limiting the suit. They delayed more than 3 months notice of the execution of the warrant wiretap to a particular phone. Criminal until November 9, just last week and ‘‘within a reasonable period of its exe- investigations already have this au- just a week before Congress was sched- cution.’’ Section 213 clearly and explic- thority. The PATRIOT Act simply up- uled to recess. We lost 3 months that itly authorized only delayed notice, dates the law to give terror investiga- we could have used to find common not no notice. tors the same authority. As I said, this ground and create a better bill. Unfor- Further, section 213 neither ‘‘expands particular section is no longer in con- tunately, the House Republican leader- the government’s ability’’ to delay no- troversy. To my knowledge, all ques- ship played games with the PATRIOT tice nor can it even remotely be de- tions have been resolved in the con- Act while the clock was ticking. scribed as a ‘‘sea change’’ in the law. ference committee on this. Even last week, with conferees newly Twenty-five years ago the U.S. Su- Mr. President, I conclude by noting appointed by the House, I was hopeful preme Court established that ‘‘covert that the conferees have made a very that in our limited time, we could ne- entries are constitutional in some cir- good-faith effort to iron out dif- gotiate in good faith and reach a bipar- tisan, bicameral agreement. We made cumstances, at least if they are made ferences, to add additional protections, some progress over the weekend on im- pursuant to a warrant.’’ That citation preventions of abuse. What it boils portant issues, reaching a tentative is Dalia v. U.S. Congress first author- down to is we have a law that finally gives law enforcement and the intel- agreement on improved reporting re- ized delayed notice searches 35 years ligence community the tools they need quirements that would shine some ago in the 1968 Omnibus Crime Control to fight terrorism. It brings down the light on the use of certain surveillance Act. These searches repeatedly have wall that prevented them from cooper- techniques. I believed that we were been upheld as constitutional. In 1990, the U.S. Court of Appeals for ating in the past. It provides adequate close to striking a reasonable balance on the core civil liberties issues raised the Second Circuit held: safeguards to ensure that no liberties are being diminished. It applies only to by the PATRIOT Act. Certain times of searching or surveillance But on Sunday, the Bush administra- depend for their success on the absence of the investigation of terrorism and premature disclosure. The use of a wiretap, crimes by terrorists against the citi- tion stepped in and, with the acquies- or a ‘‘bug,’’ or a pen register, or a video cam- zens of the United States. It would be a cence of congressional Republicans, the era would likely produce little evidence of pity if we did not move forward to re- bipartisan negotiations were abruptly wrongdoing if the wrongdoers knew in ad- authorize this important piece of legis- ended. The curtain came down. Demo- vance that their conversation or actions lation before it expires. cratic participation was excluded from would be monitored. When nondisclosure of I renew my challenge to my col- the process. As a result the tentative the authorized search is essential to its suc- leagues. If anyone wants to discuss agreements were scuttled based on cess, neither Rule 41 nor the Fourth Amend- this, or debate it, I will be here today. Bush administration demands. ment prohibits covert entry. I will be here tomorrow. For that mat- Further impeding bipartisan You can see why this is so. There are ter, I will be here Monday if they want progress, the conference report was certain circumstances where you can- to do it. It is important we get this being loaded up with controversial pro- not let the ‘‘bad guy’’ know you are lis- done and not leave here until we have visions that had nothing to do with the tening in on his conversations. given our law enforcement officials the PATRIOT Act, terrorism, or anything To the extent the ACLU intends to tools they need to protect us. in either the House or Senate-passed suggest that delayed notice searches Mr. LEAHY. Mr. President, the cur- bills. The PATRIOT Act suddenly was are unconstitutional, it bears mention rent consideration by the Congress of a being used as a vehicle of convenience that the U.S. Supreme Court has al- rewrite of the USA PATRIOT Act is a to pass laws that could not be passed ready addressed that view. I mentioned significant event. These are important on their own merit. This overreaching the 1979 Dalia case in which the Su- issues, and they have become increas- by the House Republican conferees preme Court described that argument ingly important to the American peo- caused more time to be lost, and be- as ‘‘frivolous.’’ ple. cause of the ill-advised choices that If anyone would still wish to argue This bill, more than any other, must were made late in this process, the con- that section 213 is controversial, I have the confidence of the American ference report is not what it should be. would note that on this point, too, the people. I understand that and Chair- The needless and divisive chapter in conference committee has resolved the man SPECTER understands that. I com- the late stages of what should have only issue that was in contention. The mend the chairman for his commit- been—can what could have been—an Senate passed a bill that substantially ment to work in a bipartisan manner, open and bipartisan conference threat- reenacted section 213 with no restric- both during the committee process and ens to undermine national consensus tions on authority. The bill was, by the throughout the House-Senate con- on this bill. Sadly, it also threatens na- way, reported out of the Judiciary ference. He and I agree with the vast tional confidence in how we as a Con- Committee on a unanimous rollcall majority of Americans that a reauthor- gress can best address these important vote, which means even the most vocal ization of the PATRIOT Act’s expiring issues. Before the Bush administration critics agreed to it, and it later passed provisions must be accomplished in a butted in and grabbed the reins, we the full Senate by unanimous consent. bipartisan process, not in a bitter, par- were close to a compromise that could The only debate in the conference over tisan battle. have been acceptable to almost all section 213 is what the presumptive The PATRIOT Act suffers from an members of Congress and to the Amer- time limit should be for investigators image problem. This perception prob- ican public. This is not that conference

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13300 CONGRESSIONAL RECORD — SENATE November 18, 2005 report. I am not sure that this con- The PRESIDING OFFICER (Mr. SES- the smart thing to do with our tax dol- ference report can win the confidence SIONS). The Senator from Texas. lars. In this time of war and frequent of the American people. Rather than Mrs. HUTCHISON. Mr. President, I deployments, recruiting and retention, seek common ground with the Congress thank the Senator from Arizona for the maintaining a ready and available and with the American people that we passion and commitment he has to the workforce is very much on the minds of represent, the Bush administration and protection of our law enforcement offi- our military leaders. We often say, in Republican conferees have taken and cers, who are doing a great job for us. this era of an All Volunteer Force: You abused their power and taken terrible I appreciate what he is saying and recruit individuals, but you retain fam- advantage. doing. ilies. The quality-of-life improvements Just 2 months ago, we observed the f that make our military communities fourth anniversary of the horrific at- great places to live are crucial in the tacks of September 11, 2001. In the UNANIMOUS CONSENT AGREE- retention of military families. Within aftermath of the attacks, Congress MENT—CONFERENCE REPORT TO this conference report before you, we moved quickly to pass anti-terrorism ACCOMPANY H.R. 2528 fund projects that will improve the legislation. The fires were still smol- Mrs. HUTCHISON. Mr. President, I lives of those families. We fund 11 fam- dering at Ground Zero when the USA ask unanimous consent that there be 1 ily housing privatization projects, PATRIOT Act became law on October hour of debate equally divided between which will provide high-quality, mar- 30, 2001, just 6 weeks after the attacks. the two managers in relation to the ket-standard housing for nearly 15,000 Many of us here today worked to- conference report to accompany H.R. military families; 39 barracks projects gether in a spirit of bipartisan unity 2528, the Military Quality of Life and that will get our single soldiers, sail- and resolve to craft a bill that we had Veterans Affairs appropriations bill. I ors, airmen, and marines out of sub- hoped would make us safer as a nation. further ask consent that following the standard living conditions, or, in some Freedom and security are always in use or yielding back of time, and when cases, off ships and into first-rate fa- tension in our society, and especially the Senate then receives the con- cilities; and schools, child development so in those somber weeks after the at- ference report, it be immediately con- centers, and family support centers tacks, but we tried our best to strike sidered, and the conference report be that will ensure our servicemembers’ the right balance. One of the fruits of adopted, with the motion to reconsider children and spouses are cared for, are that bipartisanship was the sunset pro- laid upon the table. included in this bill. visions contained in the PATRIOT Act. The PRESIDING OFFICER. Is there These improvements make it easier These sunsets have allowed us some op- objection? for troops to deploy, to focus on their portunity to obtain key information Without objection, it is so ordered. day-to-day jobs, while giving them the Americans have a right to know, and Mrs. HUTCHISON. Mr. President, I peace of mind that comes with know- to revisit these matters to add more believe what we bring before the Sen- ing their families and homes are taken sunshine and oversight. Those sunsets ate today is a product worthy of our care of, so they can give their atten- were supported by Dick Armey, the Re- support. The conference report has tion to the job we are asking them to publican House majority leader and by been crafted under two different ap- do—protecting America. The con- me in the Senate an unlikely duo I con- proaches. What I believe has emerged is ference report provides the first piece cede, but in this case, a successful and not only a good compromise but also to the most recent BRAC round. With productive alliance that proved to ben- makes strides in both oversight and the funds provided, it places priority efit the American people. We prevailed, policy. What has emerged is a solid rec- on those funds which are critical to thank goodness. ommendation. carrying out BRAC, while providing Sadly, the Bush administration and I thank my chairman, Senator COCH- the necessary financial oversight of the Republican congressional leadership RAN, for his leadership. This sub- resources provided. has largely squandered this oppor- committee faced some extreme budg- For our veterans, we have fully fund- tunity to refine the PATRIOT Act. In- etary shortfalls, and without his lead- ed the President’s request for veterans stead, they are insisting on a con- ership, and basically allocating more benefits and health care. This has not tinuing assault on habeas corpus rights resources to this committee, we would been easy. House and Senate conferees and adding other extraneous matters. not be able to bring this conference re- have provided $22.547 billion for med- Working with Chairman SPECTER, we port to the Senate today. ical services, which includes $1.225 bil- are insisting on modifications to the I also especially thank my ranking lion in emergency funding to fully conference report that will make it member, Senator FEINSTEIN, for her meet the President’s amended request more protective of civil liberties and constant support and willingness to for medical care for the country’s vet- increase opportunities for oversight, work together. I thank her staff as erans. This conference has strongly re- including a 4-year sunset. well: Christian Evans, B.G. Wright, and sponded to the VA’s recent budgetary I thank Senators KENNEDY, ROCKE- Chad Schulken for their hard work and shortfall by putting in place stringent FELLER and LEVIN for their efforts to professionalism, along with my great financial reporting requirements in an improve the draft circulated to us this staff, Tammy Cameron, Dennis effort to avoid the repeat of budget cri- week. I know that some Senate Repub- Balkham, and Sean Knowles. It has ses witnessed this summer in VA lican conferees were not satisfied that been a team effort and I appreciate health care. the draft fully protected Americans’ that so much. We have fully funded the request for civil liberties and thank them for The military construction portion of medical facilities and infrastructure, working to improve this important our bill provides $6.2 billion for mili- totaling $3.3 billion for fiscal year 2006. measure. I hope that the other con- tary construction, $5.1 billion of which We have created three Centers of Ex- ferees will work with us to arrive at a is for Active Component construction, cellence for mental health care, while conference report that we all can sup- and $1.1 billion for Reserve Component at the same time fully funding health port and that we can take to the Amer- construction. It also includes $4 billion care for post traumatic stress disorder ican people together. for family housing. There is $1.75 bil- and other mental health care through- If the Bush administration would co- lion for BRAC implementation and out the VA. operate with us—the people’s rep- cleanup for both 2005 and prior rounds. The conference has funded medical resentatives—we will be better able to The conference agreement also pro- and prosthetic research at $412 million, refine the authorities and uses of na- vides necessary services for our service which is $19 million more than the tional security letters and the other men and women and their families, not President’s request. This is important tools provided in the law. Without that only enabling them to effectively do because we know many of our troops cooperation, with the veil of secrecy their jobs, but also providing an im- coming home from Iraq and Afghani- cloaking so much activity, neither proved quality of life in our military stan are suffering from loss of limbs, to Congress nor the American people will communities. This is important for a greater extent than we have seen be- know or trust what the government is many reasons. Of course, it is the right fore. So we want the research to make doing. thing to do for our military. It is also sure the prostheses they have make

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13301 them fully ambulatory and able to want to compliment her staff for what ing around the Capitol of an across- function in the rest of their lives. has been, I think—on what could have the-board cut to discretionary pro- The conference takes the unprece- been a very difficult bill—a very bipar- grams. I would like to be clear to ev- dented step of providing $15 million tisan, constructive, team-like, prob- eryone, any across-the-board cut to VA specifically dedicated to Gulf War Ill- lem-solving effort. I only wish we had medical services will mean cuts in ness research for this year and the next more of it in the Senate. But I want health care for veterans. There is no 4 fiscal years, fulfilling the Research the chairman to know how much I am other way around it. We can’t allow it Advisory Commission’s recommenda- grateful to her for her leadership, and I to happen. tions on Gulf War Illness. This is a dis- want her staff to know that as well. As I noted earlier, the medical serv- ease for which we must determine the I also thank Chairman COCHRAN— ices proposal includes the $1.225 billion cause so we can treat the one in six what Senator HUTCHISON said was right in contingent emergency funding. This who returned from the Gulf War with about the amount of money—and also means the administration will have to these symptoms and protect future Senator BYRD for their leadership and designate the funding as an emergency service men and women from con- diligence in getting this bill through before it is apportioned to the VA. I tracting this disorder. conference and to the Senate floor. want to send this message loud and The conference report before you As the chairman said, the conference clear to the administration: Do not sit today establishes a new account within report before us today is a first. It pro- on this funding and force the VA to the VA dedicated to information tech- vides for the infrastructure needs of have to begin rationing health care. We nology systems. Not only does this new our military and the health care and will not stand for that. account provide for increased oversight other needs of our veterans. The MILCON portion of the report and consolidated information tech- The bill is a big one. It is an $82.57 provides $12.17 billion to fund state-of- nology efforts within the VA, it codi- billion bill. It includes $12.167 billion the-art facilities. The Senator has fies the new position of a VA Chief In- for MILCON, family housing, environ- mentioned some of them—barracks, formation Officer and subsequent reor- mental cleanup; $70.25 billion for vet- housing for military families, and ganization. I believe this is a critical erans’ benefits and health care—that is other vital infrastructure for service- step toward helping the VA achieve the big addition—and $157.6 million for members around the world. success in medical recordkeeping and several related agencies. Army projects were increased by 19 medical record availability. Its Of the many vital programs the Sen- percent; Air Force, by 18 percent; and HealtheVet-electronic patient records ator elucidated as funded in this con- the Navy, by nearly 8 percent. When project paid great dividends during the ference report, none is more important enacted, this bill will fund Active-com- recent hurricanes. than the funding we provide to meet ponent MILCON at $5.1 billion. We were In fact, the conference report has the medical needs of our Nation’s vet- also able to provide significant in- also responded to the recent hurricanes erans. As a Senator from a State with creases in funding for Reserve-compo- by providing the VA authority to es- the largest population of veterans in nent MILCON. This is important at a tablish an Assistant Secretary for Dis- the Nation, I cannot overstate the im- time when our Reserve Forces are aster Preparedness, something which portance of this issue. We have to sup- being asked to do more than ever be- will enable the VA to better respond to port our veterans to the fullest extent fore and, in many cases, are being de- future disaster situations. possible. ployed to combat zones overseas mul- Finally, we have provided $1 million The conference report before us tiple times. Ensuring that these troops over the President’s request for the today provides $22.547 billion for vet- have adequate facilities in which to American Battle Monuments Commis- erans medical services. Included in train and maintain their equipment is sion for an environmental study to that level is $1.225 billion in contingent crucial to the success of their mission. save the eroding monument at Nor- emergency funding to make up the pro- To that end, the conferees agreed to in- mandy Cemetery. jected shortfall in the President’s crease funding for Army Guard projects All in all, I believe the conference re- original budget request. The Senate by 60 percent, a substantial amount; port before the Senate provides much- had sought a higher level of funding, for Air Guard projects by 83 percent needed resources and does so while and it was my sincere hope that the over the President’s budget request. In maximizing our limited resources in House, which had zero emergency fund- fact, overall funding for Reserve com- meeting the greatest needs of our mili- ing for veterans in its version of the ponents was increased by 52 percent tary, their families, and our veterans. bill, would have agreed to our position over the President’s budget request, On a personal note, I want to say I and accepted the full amount provided dedicating $1.1 billion for new facilities have worked very closely with Sec- in the Senate bill. That did not happen. for our Reserve bases. That is impor- retary Jim Nicholson of the VA, and I But given the huge disparity between tant, and it means that this committee know of his dedication to doing what is the House and Senate funding pro- has done an excellent job in recog- right for our veterans, something we posals, the level of funding provided in nizing the need. all wish to do. I appreciate his leader- the conference report is a good start. I In summary, I once again thank my ship. We owe our active-duty military, commend, again, the chairman for her chairman, Senator HUTCHISON. I not our Guard and Reserves, who stand hard work—for the cooperation of Sen- only enjoy her collegiality but her ready to serve, and our veterans, who ator COCHRAN, chairman of the Appro- friendship as well. I want her to know have served, the care of our country. priations Committee—in bridging the that that means a great deal to me. I We have achieved these goals in the enormous gap between the two bills thank Chairman COCHRAN and Senator conference report today. and ensuring that the conference re- BYRD for their leadership. And I would Therefore, I urge my colleagues to port did not shortchange our veterans. like to thank our staffs who really vote in favor of this conference report. I do not believe it does shortchange our worked in what I like to believe is a Mr. President, I yield to my ranking veterans. hallmark, sometimes, of this great member, Senator FEINSTEIN. The proposed funding for VA medical body, which is bipartisanship. They The PRESIDING OFFICER. The Sen- services is equal to the level of funding have shown an unfailing spirit of co- ator from California. the administration has said it needs for operation. So thank you, Tammy Cam- Mrs. FEINSTEIN. Mr. President, I fiscal year 2006. That is clearly a good eron, Sean Knowles, and Dennis am very pleased to join my chairman, start. But it offers—and it has to be Balkham for Senator HUTCHISON, and Senator HUTCHISON, in recommending pointed out—no safety net to our vet- Christine Evans, B. G. Wright, Chad this 2006 Military Construction, Vet- erans, should the VA’s budget once Schulken, and Chris Thompson of my erans Affairs, and Related Agencies ap- again prove to be wrong. This is a wor- staff. propriations conference report to the risome prospect. Hopefully, the admin- I yield the floor. Senate. This is the first year that istration got it right this time and the The PRESIDING OFFICER (Mr. MILCON has added dramatically to its funding will be sufficient, but everyone CHAMBLISS). The Senator from Texas. portfolio, and I want to compliment should know that we will be watching. Mrs. HUTCHISON. Mr. President, the chairman of our committee, and I Additionally, there is much talk float- collegiality and bipartisanship is a

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13302 CONGRESSIONAL RECORD — SENATE November 18, 2005 two-way street. You can’t do it if only port, or support it and do it today, giv- this act should be sunsetted. I will one person wants to do the right thing. ing us time to vote on it before we share with my colleagues the words of I have worked with Senator FEINSTEIN. leave for the year, are risking letting Attorney General Gonzales which he She has been chairman of our com- the PATRIOT Act expire. And with its gave in a letter to our conferees as we mittee, and I have been ranking mem- expiration, the walls that prohibited tried to work out the final words for ber. I have been chairman, and she has our governmental agencies from shar- this act. He wrote to us and said—and been ranking member. We have always ing critical intelligence information no truer words have been spoken: come together to do what is right for will go back up. Those are the very The terrorist threat against this country the military personnel who are defend- walls that were structured between the will not sunset, and neither should the tools ing our country as we speak today. We FBI and the CIA and other agencies we use to combat terrorism. both believe in quality of life, good that blocked the sharing of intel- Let me mention a few of the provi- housing, good health care facilities, ligence information that, in retrospect, sions of the act that give us the tools good childcare facilities, and all the we believe could possibly have allowed that are so important. One is the rov- things that we can provide in the pur- us to find out about and stop the 9/11 ing wiretap provision. Roving or view of our bill. And now we have the attacks. Perhaps not, but those walls, multipoint wiretaps have been avail- veterans, which has been added to our those failures to be able to share intel- able to criminal investigators for many bill this year, which is a great oppor- ligence between those agencies were a years. But section 206 of the PATRIOT tunity for us to continue to say thank critical factor in our lack of coopera- Act made sure that this tool was also you to those who have preserved the tion prior to 9/11. available for fighting terrorism. It al- freedom for our generation. We passed the PATRIOT Act to fix lows the FISA court, the special for- We have come together on the goals, that. It has worked extremely well. We eign intelligence court, to authorize a and I could not ask for a better part- should not go back to that time of the wiretap to move from device to device ner. great walls. as the target of the wiretap, the target Mrs. FEINSTEIN. Mr. President, I The PATRIOT Act has, without of the foreign intelligence investiga- thank the Senator from Texas. doubt, made us immeasurably safer. I tion, changes modes of communication. Mrs. HUTCHISON. I so appreciate fully support the act’s provisions as So let me tell you, though this has that we can do this in the Senate, originally passed. The main goal of the been approved as a legitimate law en- which is what we ought to be doing in act was then, and remains today, very forcement tool, and should continue to every committee. I hope by our ability simple: to give Federal law enforce- be a law enforcement tool, it is not to do this—frankly, the Appropriations ment officers, the FBI, and other agen- that easy to obtain, you really have to Committee, in general, does so—we cies the same tools to fight terrorists prove you need a roving wiretap. I was will be able to create a better America and agents of foreign powers as the a Federal prosecutor for over 15 years, for all of our constituents. tools they have—and virtually every a U.S. attorney, and I personally super- I thank the Chair and yield back all law enforcement officer at the county, vised and prosecuted a lot of cases. Let of my time. city and State level have—to fight me just tell you how it works. Mrs. FEINSTEIN. I do, as well, Mr. other type criminals, drug lords, mur- In my 12 years as U.S. attorney for President. derers, and even white collar tax evad- the Southern District of Alabama, I Mrs. HUTCHISON. Mr. President, we ers. think maybe we had two wiretaps. have already passed the resolution. I do not believe we acted too hastily These are very difficult to obtain. You When it comes from the House, we have in passing the PATRIOT Act. We were have to have probable cause to believe deemed that it would be passed here. focused on this act. We made a com- that a person is involved in criminal With that, I yield the floor and sug- mitment not to alter any of the great activity. You have to identify how he gest the absence of a quorum. protections that we had. We negotiated is using communication devices and The PRESIDING OFFICER. The it intentionally. People made the most then submit to the court a memo- clerk will call the roll. outrageous allegations and had the randum—and the ones that I have seen The legislative clerk proceeded to most incredible misinformation about were 60 to 100 pages of facts—to prove call the roll. what was in it. By the time we com- to the judge’s satisfaction that we are Mr. SESSIONS. Mr. President, I ask pleted the intense negotiations and de- not snooping on somebody who is inno- unanimous consent that the order for bate for weeks, it was voted for in the cent, but we are actually attempting to the quorum call be dispensed with. Senate by an overwhelming bipartisan understand the scope of major criminal The PRESIDING OFFICER. Without majority of 98 to 1. The House voted it activity. objection, it is so ordered. with a huge majority also, 357 to 66. The way it is monitored and managed f This year we passed the bill unani- is incredibly important because you mously out of the Senate Judiciary have to listen to it constantly. If they THE PATRIOT ACT Committee, a contentious committee, talk about their family, you are sup- Mr. SESSIONS. Mr. President, I a committee which has civil libertar- posed to turn it off. You have to have would like to share some thoughts on ians on the right and the left. We voted people listening all the time so that the PATRIOT Act which, unfortu- it unanimously out of that committee, you can catch the evidence you are nately, seems to have reached an im- and the Senate passed it by unanimous seeking. It is very expensive. You don’t passe. That is distressing to me. I can’t consent. As originally drafted, the PA- do it unless it is very important. imagine that we have allowed this to TRIOT Act does nothing to harm the So I have to say, Mr. President, it is happen. It is very disappointing. The civil rights and liberties of Americans. so important in a terrorism investiga- American people need to understand I want to talk about that just a lit- tion that agents have this tool when how important the act is and how little tle. The Department of Justice inspec- they are on to a group or entity that is it impacts the liberties which we cher- tor general, Glenn Fine, an appointee not just selling drugs, as bad as that is, ish and how carefully it was crafted so of President Clinton, has investigated but are intent on blowing up and kill- as to not impact our liberties. I would all of the claims of civil rights and ing thousands of American citizens. like to share a few thoughts about civil liberties violations received by And when you are on to them and they that. the Department of Justice under the start using this phone and that phone Many of the key provisions of the act act. The independent inspector general and that phone and you have run back are scheduled to sunset at the end of found no incident in which the PA- to court with your 60-page memo- this year. We will now presumably TRIOT Act was used to abuse the civil randum and find a judge and set up a have to try to come back, in the few rights or civil liberties of American hearing date and all that, by that time days we have in December, to complete citizens or anyone else. he has maybe gone to another phone, a the work. That is a very risky thing. I do not believe portions of this act cell phone, a pay phone, a phone in a We should complete this work today. must be significantly revised, or have motel, wherever he moves. Remember, those who do not sign up additional so-called protections added. So it is perfectly appropriate to have for this legislation, this conference re- And, I do not believe that sections of a wiretap if it is approved by a court

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13303 upon sufficient showing of probable 1. We didn’t write those kinds of broad Please understand that no provision cause. That is no doubt. All this does is provisions in this bill. We maintained of the PATRIOT Act, including section to say that you can get the ability to the classic standard of approval of a 215, even mentions libraries or is di- intercept communications on that indi- search warrant, the probable cause rected at libraries. Nevertheless, as Di- vidual and then can use whatever standard and all that goes with it. The rector Mitchell points out, it is impor- phone he is using. Previously, the tra- PATRIOT Act simply set an objective tant that library records remain ob- dition was that you would have the uniform standard for delayed notice. tainable as one of the tangible records wiretap on a single telephone number. Why is this important? Well, I could that section 215 can reach. Intelligence This makes it clear that the court deci- go into detail, but I would just ask you or criminal investigators may have sions allowing roving wiretaps are the to imagine that one is surveiling a very good and legitimate reasons for law of the land, and it also creates a group that you have probable cause to extending to library or bookstore standard as to how they should be ap- believe is going to try to blow up an records. For example, investigators proved and utilized. area of the United States and that you may need to show that a suspect has So I think that is an important tool have probable cause to believe that purchased a book giving instructions for investigators. Can you imagine how they have planned to make a bomb. on how to build a bomb. important that is to an investigative You could go in this residence while I prosecuted a guy who had already team that may be working on a dan- nobody is there pursuant to a search had one book written about him, and gerous terrorist cell? It could be the warrant on probable cause issued by a after the prosecution, they made a sec- difference of life and death for thou- Federal judge and conduct a search. ond movie about him. We conducted a sands of American citizens. Normally, the only difference in these search warrant, a lawful search war- warrants is that you would normally Let me mention another provision of rant that was upheld. We found a book tell the person whose house is searched the act. The objections to this one are called ‘‘Death Dealers Manual,’’ de- immediately, and immediately report so amazing to me. It just breaks my scribing how to kill people; and a book back to the Court. Here you have make heart that people seem to have as called ‘‘Deadly Poison,’’ describing how much confusion about it as they do. a report but you don’t have to tell the person you have searched their house to make deadly poison. That was great This is the delayed notice search war- evidence to use to show that he was rant. Under section 213, the PATRIOT until a later date set by the judge. You may find in their house more than casually interested in mur- Act created a nationally uniform proc- dering people. ess and standard for obtaining delayed bombmaking materials papers on how to make a bomb, explosive devices, Andrew McCarthy, a former Federal notice search warrants. The act’s prosecutor who led the 1995 terrorism standard applies to delayed notice war- triggers, and those kinds of things. And it may be that from that you could ob- case against Sheik Omar Abdel rants sought in any type of investiga- Rahman, recently elaborated on this tion, not just terrorism investigations. tain information from their house on who else was involved in the cell, to point in an article in National Review Delayed notice warrants are explained Online. This is what he said: by the August 29, 2005 letter from the identify the entire ring, the entire cell, Hard experience—won in the course of a Department of Justice. They said: and arrest them all at once at an ap- propriate time. If you have to tell the string of terrorism trials since 1993 [that he A delayed-notice warrant differs from an had personally been involved in] instructs us ordinary warrant only in that the judge au- person immediately, in some cases you risk tipping the whole group off and that it would be folly to preclude the Gov- thorizes the officer executing the warrant to ernment a priori from access to any broad wait for a limited period of time before noti- having them spread out like a covey of categories of business records. Reading ma- fying the subject of the warrant because im- quail. That is what too often happens if terial, we now know, can be highly relevant mediate notice would have an adverse result you don’t have this kind of tool. It is in terrorism cases. People who build bombs as defined by statute. critically important to investigators tend to have booklets and pamphlets on We must remember that delayed no- trying to protect the United States of bomb making. tice search warrants have been around America that we preserve this section For heavens’ sake, I would add, of for decades. As a matter of fact, I was of the PATRIOT Act. course they do. reading a book not long ago about an Section 215 of the PATRIOT Act al- Terrorist leaders often possess literature organized crime matter that occurred lows the FBI to seek an order for the announcing the animating principles of their years ago and they referred to a de- production of tangible things—books, organizations in a tone tailored to potential layed notice search warrant. They records, papers, documents, and other recruits. This type of evidence is a staple of didn’t have any statutory standards for items for an investigation to obtain virtually every terrorism investigation— it at that time, but they asked the foreign intelligence information. Basi- both for what it suggests on its face and for judge to allow them to delay notice, cally, they are a form of subpoena au- the forensic significance of whose finger- and the judge allowed it, and that proc- thority. Section 215 orders must be prints that may be on it. . . . If he [a defend- preapproved by a judge and cannot be ant] claims unfamiliarity with the tenets of ess has been approved constitutionally. violent jihad, should a jury be barred from The PATRIOT Act did not create any used to investigate ordinary crimes or learning that his paws have yellowed numer- new authority or close any gap in de- even domestic terrorism. Opponents of ous publications on the subject? Such evi- layed notice law because there was section 215 have tried to create the im- dence was standard fare throughout Janet really no gap to close. It simply set a pression that the FBI is using 215 to Reno’s tenure—and rightly so. uniform statutory standard for getting visit libraries nationwide in some sort Of course, she was Attorney General permission to delay notice. of dragnet to check the reading records under President Clinton. It is absolutely false to imply, as of everyday American citizens. So this occurs in every courtroom in many have done, that these warrants That is just not so. They have no in- America. Documents are obtained are a way for the Government to terest in that whatsoever. Why would through subpoena. It is stunningly dan- ‘‘sneak and peak’’ into a civilian’s they? They are not doing that. I did get gerous that we would not understand home, papers, or effects without ever a letter from Rebecca Mitchell, direc- this concept and why it is needed in telling them. The truth is that they tor of the Alabama Public Library the context of terrorism investiga- have to be told, but there is a delay be- Service, who was critical of some of her tions. tween the search and when they are colleagues who have been objecting to I will add just a few additional told. The critics have continued to sug- these provisions in the act. Her August thoughts on obtaining records and doc- gest that these warrants are done with- 15 letter to me stated: uments. An American citizen has an out approval of a court, they want you I want to personally thank up for your expectation of privacy and it is the to believe that because of the PA- strong leadership stand on the PATRIOT right of an American under the Con- TRIOT Act, the government can go Act. Our libraries should not be a tool for stitution to be free from unreason- terrorism. I know you have received negative able—unreasonable—search and sei- into your house without a warrant and comments from the American library asso- see what you have and never tell any- ciation on your stand but this is not the zures is guaranteed by our Constitu- body that they have been there. opinion of most librarians in our State. tion. Nothing could be further from the Please continue to fight to keep our Nation Where do you have privacy rights? If truth. That is why this bill passed 98 to safe. you give someone your personal papers,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13304 CONGRESSIONAL RECORD — SENATE November 18, 2005 you turn them over to them, do you responsibility as the Senate not to hard working and intelligent, but a still have privacy rights if they were to move this bill forward before the end of public servant who routinely works read them? Certainly not. So the law the year. Let’s move it now. If we need long hours. You must also be a tough has developed many years in this fash- to stay over the weekend, I am willing negotiator, able to frame your argu- ion. You have an expectation of pri- to do so. We can stay next week; I am ments in a strong but respectful and vacy in those areas of your life where willing to do so. It is important that intellectually honest way. William you have control—the inside of your we not allow this legislation to fail. I does all of this with seemingly effort- automobile, the trunk of your car, the encourage the leaders on both sides to less skill. glove compartment of your car, your work toward achieving that goal. Evidence of William’s dedication to desk at your office, any part of your f and influence on the committee and its house, your garage, an outbuilding staff can most clearly be seen by sim- TRIBUTE TO WILLIAM SMITH around your house that you have ex- ply looking at what his colleagues say clusive control over. Those are areas Mr. SESSIONS. Mr. President, I wish about him. over which you have exclusive control, to take a personal minute to share Ed Haden, my former chief counsel of and you have an expectation of pri- some thoughts and to bid farewell to the Courts Subcommittee and cur- vacy. People cannot go into those my chief counsel on the Judiciary rently a lawyer with Balch & Bingham places and seize anything you have Committee, William Smith, who is sit- in Birmingham, says: there without probable cause or else it ting beside me. I know the Presiding William Smith is an example of a man who would be an unreasonable search and Officer, the Senator from Georgia, walks his principles. He is a Christian who seizure. knows Mr. Smith and admires him. He lives it. He is a conservative who means it. But if you go to a motel and fill out has been a great friend and a tremen- He is a friend who is there for you. In a legis- a motel receipt and give it to the motel dous asset to this Senate. He will be re- lative body that fosters compromise, he will operator, it is not yours. It is the mo- turning to Alabama to practice at one compromise on details, but not on his prin- tel’s document, it is a business record. of our State’s most outstanding and ciple. How fortunate the United States Sen- If you go to a bank and you open an ac- prestigious law firms, Starnes & Atch- ate, the Judiciary Committee, and all of us who have worked for Senator SESSIONS have count and they keep all kinds of ison. Even more importantly, he will been to know and love this man. records of that account, they are the return to Alabama, accompanied by his bank’s records, not yours. Every person soon-to-be bride, Diamond, to whom he Rita Lari Jochum, chief counsel for in that bank has access to those docu- will be married in early January. Senator GRASSLEY, says this: ments and records. If you make a tele- But I am going to feel a great loss. William Smith is a smart lawyer, a shrewd phone call, the words you use are The things he has done for me are in- strategist, a dedicated public servant, and an numerable, including helping us to pre- all around great guy. He sticks to his prin- yours, and you have an expectation of ciples and values, and has been a rock solid privacy between you and the person pare and pass this great act, the PA- role model for many of us. The Senate will who receives the call. But the fact that TRIOT Act. Each day we have worked miss a much respected colleague, and I will you make a telephone call and the tele- together, William has shown an unwav- miss a true friend. Even though he will no phone company prints out a billing ering dedication to his State, to his longer be walking the halls of the Capitol, he statement that has telephone numbers country, to me, and to the values we will not be forgotten. on it, that is available to anybody who share. His passion for the law is un- Stephen Higgins, chief counsel of the works in the telephone company. That matched, and his commitment to the Judiciary Subcommittee on Terrorism, is not your record, it is their record. So rule of law is unwavering. I trust his Technology and Homeland Security, you do not have the same privacy ex- judgment, and I have relied on him to chaired by Senator JON KYL, says this: pectations, that is all. manage our staff and our issues, con- William Smith has an incredible love for The court has always understood fident that his work ethic and his this country and a great passion for his job. that. This has never been in dispute. ideals are beyond reproach. He is a devoted public servant and a forceful Every district attorney in America, all Before joining the Senate, William advocate for Senator Sessions. kinds of law enforcement officers, had a distinguished legal career, hav- Mary Chesser, chief counsel of the State and Federal, through subpoenas, ing served as staff attorney on the Ala- Judiciary Subcommittee on Correc- without court approval, have been able bama Supreme Court and having tions and Rehabilitation, chaired by to obtain those kinds of documents if taught at both Duke University School Senator TOM COBURN, says this: the documents are relevant to an in- of Law and the University of Southern William is a great American, leader, men- vestigation they are undertaking. California School of Law. tor, and friend. His diligent work on the I received telephone toll records in In 2001, he moved to Washington, DC, committee constantly inspires his col- drug cases I prosecuted. These kinds of to be my deputy chief counsel on the leagues. I feel honored to have worked with records could be relevant in a terrorist Subcommittee on Administrative Over- him. He has always represented Senator Ses- case, make no mistake about it. You sight and the Courts. He became my sions and the people of Alabama with impec- check the telephone numbers they call, chief counsel the following year. cable character, wisdom, and insight. He will and they are calling a certain number When William leaves the Senate at be missed. in New York City. Maybe you have the end of this session, he will begin a Chip Roy, senior counsel for the Sen- records from another person, and they practice focusing primarily on medical ate Judiciary Subcommittee on Immi- are calling that same number at var- malpractice defense and commercial gration, Border Security and Citizen- ious times of the day, and maybe right litigation. I have no doubt he will do ship, chaired by Senator JOHN CORNYN, before a terrorist attack occurred or well in this next venture of his life, and says this: right after an attack occurred, phone I have no doubt his principled ap- William Smith has served the U.S. Senate calls are going back and forth. That is proach, work ethic, and dedication are admirably and with conviction. He personi- real evidence of who may be involved going to be difficult for this Senate to fies conservativism and the simple idea that in a terrorist cell or criminal drug en- replace. there ought to be a limit to what we do here terprise. That is how investigators It is obvious my loss will be the in Washington. While many staffers and members alike, Democrat and Republican, work every day. That is what juries ex- State’s gain. His presence in Wash- seem to succumb to the misguided notion pect to see when cases are prosecuted. ington was all our gain. William’s work that more government is better, William To have this great fear that there is on the Senate Judiciary Committee is stands solidly on his strongly held belief something in this act that in a signifi- almost legendary. The Judiciary Com- that this simply is not the case. I will miss cant way alters those classical powers mittee takes an enormous number and his strong sense of patriotism and his strong of investigators to find out those who wide variety of complex and sometimes Christian faith, each of which serve as an ex- may be trying to kill us—it is just not controversial issues. It is one of the ample for all. true. It is an exaggeration. It is a con- most demanding committees in the James Galyean, chief counsel on the cern that is not real. Senate. Judiciary Subcommittee on Crime and This PATRIOT Act is about to ex- To be successful as an attorney on Drugs, chaired by Senator LINDSEY pire. It would be an abdication of our that committee, you must not only be GRAHAM, says this:

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13305 William Smith is a man of sterling char- Mr. MCCONNELL. Mr. President, I William and I came to the Senate Judici- acter, devout faith, and unwavering integ- ask unanimous consent that I be al- ary Committee the same day, April 16, 2001. rity. Senator Sessions, Alabama, and the Na- lowed to make an observation rather From that day on, William has been a close tion have been well served during his time on friend, mentor, and encourager. His strong than ask a question. Christian faith and unwavering commitment the Committee. And while his presence and The PRESIDING OFFICER. Without influence will be missed, we look forward to to conservative principles have been an ex- great things from him in the future. objection, it is so ordered. ample to me. The American people are truly Mr. MCCONNELL. Mr. President, better off because of William’s service. He And indeed we do. William has many friends in the Sen- Ajit Pai, chief counsel on the Judici- took to heart the adage that ‘‘the govern- ate, both Senate staffers and Members ment is best that governs least’’ and, con- ary Subcommittee on the Constitution of the Senate. I was listening to my sequently, never let a bad bill go unchal- and Civil Rights, chaired by Senator friend from Alabama discuss William’s lenged. William represents the best there is SAM BROWNBACK, says this: distinguished career on my television in public service. I’ll miss working with him on the Judiciary Committee, but I know that William Smith is a tenacious advocate, a monitor, and I decided to come over firm defender of principle, and an expert on in Alabama he will continue to serve his the many rules of this institution. To me and make an observation, if it is appro- Country and his Savior with the utmost dis- and others fortunate to know him well, he is priate. tinction and fervor. also known as a good man and a great friend. I remember running into William one Drew Ryan, director of Government He leaves the Judiciary Committee with a time. I said: Affairs for The American Center for solid professional and personal record, and I What is your principal duty with Senator Law and Justice, says this; wish him all the best as he makes a well-de- Sessions? served return home. William Smith is a man of character, a He said: man of vision, and best of all, a man strong Amy Blankenship, legislative counsel Well, it’s to keep him from drifting off to in his faith. to Senator SAM BROWNBACK, says this: the left. Tim Chapman, senior congressional Perhaps William’s greatest gift is teach- I say to our friend William: You have liaison and national political writer for ing. He exemplifies the kind of staffer we all done a good job of keeping Senator Townhall.com, says this: want to be—thorough, prepared, and com- SESSIONS from drifting off to the left. mitted. Though some may disagree with his William Smith’s steadfast adherence to views, no one can question his commitment You have had a distinguished run here conservative principle has been an inspira- to uphold the principles he believes in. in the U.S. Senate, and I am sure I am tion to me both personally and profes- not the only Member of the Senate who sionally. He is a man of character who our The respect, loyalty, and friendship organization could always count on to put William has won from his colleagues hopes we will see you again in public service some day. I wish you well in principle ahead of politics. His absence from extend well beyond the Senate Judici- the United States Senate and from the Judi- your new endeavor. ary Committee and its staff. ciary Committee in particular, will not to Mr. President, I yield the floor. Alan Hanson, my legislative director, without notice. Mr. SESSIONS. I thank the Senator says this: It is clear that William has influ- from Kentucky for his remarks. So enced a great number of his colleagues Exceeding his commitment to the United many of the Senators whom I have States and its Constitution, which is indeed and leaves behind a committed group talked to feel the same way. Many great, William Smith is a committed Chris- of friends dedicated to advancing this have come by, Chairman SPECTER, Sen- tian and friend—both of which are in far too great Republic’s founding principles of ator DOMENICI, and others to speak to short supply in this day and age. His happy federalism, liberty, and democracy. He departure is the United States Senate’s un- William. will undoubtedly be missed by them, as fortunate loss. He will be here a few more weeks, but he will be missed by me. He has served Steven Duffield of the Senate Repub- we will be out most of that time so this is probably our last time to get to- me and our State faithfully and tire- lican Policy Committee says this: lessly and in doing so has served our William is a real American who loves his gether. Let me keep reading what William’s great Nation immeasurably. country and cherishes the Constitution. He Let me say I am already looking for- never hesitates to stick his neck out to de- colleagues have told me about him. fend both. Wendy Fleming, legislative counsel ward to working with him again after he goes back to the great State of Ala- Allen Hicks, chief counsel for Senate to Senator DAVID VITTER, says this: William Smith is truly a great American. bama. I have no doubt that he will con- Majority Leader BILL FRIST, says: tinue to work toward the greater cause William is an anchor for conservative prin- He has a tremendous respect for the Con- stitution and the courage to stand-up for his of service to his fellow man. ciples in the midst of shifting political William, we appreciate you. No one winds. In leadership, we could count on him core values. It was an honor to work for him. to represent views on issues clearly and William Henderson, counsel for Sen- has given more to this country. From articulately, without hesitation or equivo- ator JIM BUNNING, says this: the time you get up in the morning cation. The Senate will miss his candor and Three of the things Americans cherish the until the time you go to bed at night, his passion, and we wish him and his future most are God, country, and family. That is you are committed to doing the right bride all the best. as true for William as anyone. Every day he thing for this country. I love you for it. Ed Corrigan, executive director of lives his Christian faith. He works with a Your friends love you for it. God bless the Senate Steering Committee, says love of this country and defends the Con- you in your future endeavors. this: stitution. Now he is leaving to start a fam- The PRESIDING OFFICER. The Sen- ily. William has been a great friend and William Smith is known on Capitol Hill for ator from New Mexico. teacher to me, and I am better for knowing Mr. DOMENICI. Mr. President, I have his wisdom, cheerful banter, and an unflinch- him. ing commitment to principle. Even his polit- been recognized. I notice that Senator ical adversaries have come to respect and ad- Chris Jaarda, legislative assistant for HARKIN is in the Chamber. How much mire him. The Senate will miss William, as Senator JOHN ENSIGN, says this: time would the Senator like? will the countless number of us who are for- Every American should know the name Mr. HARKIN. About 15 minutes. tunate to call him friend. William Smith and the character that he Mr. DOMENICI. Mr. President, am I John Abegg, legal counsel for Major- possesses while working on their behalf. His recognized? commitment to principle and respect for the ity Whip MITCH MCCONNELL, whom I The PRESIDING OFFICER. The Sen- rule of law, is unquestioned. Were William ator from New Mexico is recognized. see on the floor, said: your lawyer, you would be served by a I have enjoyed working with William very Mr. DOMENICI. Mr. President, does skilled advocate, committed to the highest the Senator from Alaska have a ques- much. William is a man of high principle. He standard of ethics and professionalism. Were is devoted to the Constitution and to his William your judge, you would observe some- tion? I understand it is her time to country. He is an excellent lawyer, a one with the utmost respect for the Con- take the chair and preside. I ask the straight shooter, and a real leader. He will be stitution and our laws. Were William your Senator if there is something this Sen- missed. friend, as he is mine and countless others ator from New Mexico could do for her? Mr. MCCONNELL. Mr. President, will who serve in the Senate, you would be What is going on? the Senator from Alabama yield? blessed; better for knowing him. Ms. MURKOWSKI. Through the Mr. SESSIONS. I will be pleased to Chad Groover, counsel to Senator Chair, to the Senator from New Mex- yield. CHUCK GRASSLEY, says this: ico, I have about a 3-minute statement.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13306 CONGRESSIONAL RECORD — SENATE November 18, 2005 If I could have the indulgence of doing The other teachers at the school shared SENATE MAJORITY LEADER that before I serve as the Presiding Of- housing in a single home. Mr. DOMENICI. Mr. President, I rise ficer, I would appreciate that from the When one thinks about that in terms to congratulate the majority leader of Senator. of what the teachers do, needless to say the Senate, BILL FRIST. I do not do this Mr. DOMENICI. Obviously, we have there is no place for their spouse, so because he is my good friend but be- to get consent because I am next. these teachers who are married—the cause I want to make sure that we all I ask unanimous consent that Sen- teachers might be married, but the understand that we have had an excep- ator MURKOWSKI be given 3 minutes at spouse might be living in another part tionally productive legislative year. I this point and then the Senator from of the State or, in the principal’s case, thank him especially for his critical New Mexico be recognized for up to 10 his wife lived out of State. help in passing legislation in areas minutes, followed by Senator HARKIN. where I have been primarily respon- Unfortunately, Savoonga is not an Is that correct, the Senator wants to be sible. In addition to that, I want to isolated example of the teacher hous- next after the Senator from New Mex- summarize the things that have been ing situation in rural Alaska. Rural ico? done this year under his leadership. Mr. HARKIN. Yes. Alaska school districts experience a The reason I came to talk about this The PRESIDING OFFICER. Without high rate of teacher turnover due pri- is because there is such an over- objection, it is so ordered. marily to the lack of housing. Turn- whelming, high-octane negativism in Mr. DOMENICI. I thank the Chair. I over is as high as 30 percent each year the air that one would hardly know the yield the floor. in some of the rural areas with housing Senate was at work. There is so much The PRESIDING OFFICER. The Sen- issues being a major factor. politics going on that one would won- ator from Alaska. So the question is, How can we ex- der whether the Senate is even func- f pect our kids to receive a quality edu- tioning. Even on the floor there is an RURAL TEACHER HOUSING ACT OF cation when we cannot get good teach- awful lot of polarization that has oc- 2005 ers to stay? How can we meet the man- curred. I do not say this in any real ac- dates of No Child Left Behind in such cusatory sense. It is true. Ms. MURKOWSKI. Mr. President, I an educational environment? In spite of that, in his own way, the appreciate the indulgence of my col- majority leader has very quietly and leagues this afternoon. Clearly, the lack of teacher housing in rural Alaska is an issue that must be with very mature feelings and inordi- I rise today to talk about a bill that nate ability grasped details of legisla- I introduced last week that will have a addressed in order to ensure that chil- dren in the rural parts of the State re- tion and has contributed immensely to profound effect on the retention of a success story. teachers, administrators, and other ceive the same level of education as their peers in more urban settings. I would like to start by talking about school staff in remote and rural areas matters that this Senator has particu- of Alaska. This bill is the Rural Teach- My bill authorizes the Department of larly been involved in. We were able to er Housing Act of 2005. Housing and Urban Development to pass in this body an Energy Policy Act. In rural areas of Alaska, we have provide teacher housing funds to the We have been working at that for al- school districts that face enormous Alaska Housing Finance Corporation, most a decade, but for the last 3 years challenges of recruiting and retaining which is the State of Alaska’s public we have tried each year and failed. teachers, administrators, and other housing agency. In turn, the corpora- This year, we got it done. school staff. The challenges lie pri- tion is authorized to provide grant and Obviously, something was done dif- marily in the lack of housing. In one loan funds to rural school districts in ferently. That is, we attempted to cre- particular year, in the Lower Alaska for teaching housing projects. ate a bipartisan bill in the committee Kuskokwim School District in western This legislation will allow the school under my chairmanship, with the help Alaska, they hired one teacher for districts in rural Alaska to address the of Senator BINGAMAN, and the majority every six who decided not to accept job housing shortage in the following leader, as leader in the Senate, should offers. Half of those applicants who did ways: They can construct housing take great pride in that accomplish- not accept a teaching position in that units, purchase housing units, lease ment, and we should as a Senate. district indicated that their decision housing units, rehabilitate, purchase or In addition, as it pertains to things was related to the lack of housing. lease property on which the units can the Senator from New Mexico works When we talk about lack of housing, it be constructed. They can repay loans on, we sent to the President for his sig- is not they cannot find an apartment secured for teacher housing projects nature an appropriations bill that is that is to their suiting or to their lik- and conduct other activities normally called Energy and Water appropria- ing, the fact of the matter is there is related to the construction, purchase, tions. That bill contained hundreds of no housing available. and rehabilitation of the teacher hous- millions of dollars that go to the In 2003, I had the opportunity to trav- ing projects. storm-ravaged gulf coast. It is there to el through rural Alaska with then-Sec- This also includes transporting con- continue critical projects that are al- retary of Education Rod Paige. I took struction equipment and materials to ready started and moving along. They him there because I wanted him to see and from the communities in which are projects that are needed. They are the challenges of educating children in these projects occur, which in the not part of the great concern about such a remote and rural environment. State is a particular concern because how much may be spent or should not We went to the village school in most of these communities are acces- be spent. These are public works Savoonga. We met the principal there. sible only by air or water. Eligible projects in that four-State area that Secretary Paige was overwhelmed school districts that accept funds are important. I think that is very when the principal showed him the under this legislation will be required good. broom closet in the school, not to show to provide the housing to teachers, ad- In that bill, the nuclear armament him the school supplies but to let him ministrators, other school staffs, and programs of the United States went know that this is where the principal members of their households. It is im- through to the President of the United of the school lived, in the broom closet perative that we address this impor- States and also some very important in the school. This was because there tant issue and allow the disbursement nuclear nonproliferation activities. was no housing in Savoonga for the of funds to be handled at the State In addition, the Energy and Natural teachers. level. The quality of the education of Resources Committee was part of a rec- We met the special education teacher our rural students is at stake. onciliation bill—let us call that the at the school, and she brought out the deficit reduction bill—that passed. The mattress that she sleeps on in her I thank my colleagues and I yield the occupant of the chair in the committee classroom every night. She does not floor. that we served on contributed a piece have a home to go to. She does not The PRESIDING OFFICER. Under of that. For the first time, we sent in have a space to call her own. Her class- the previous order, the Senator from such a bill for the start-up of the Alas- room is her room, her house, her bed. New Mexico is recognized. ka National Wildlife Refuge activity

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13307 where we will be starting to find out told the other day that American com- American economic system a chance, what is up there in terms of producing panies spend more on litigation than an opportunity, a probability of real oil for the United States. That bill was they do on research when you add it all job loss, fantastic economic degrada- a big achievement, $36 billion in deficit up. That is a rather startling thing. tion, and it must be resolved. reduction. I guarantee that could not This bill we passed will not fix that. The leader has played a big role. Two have been done without the help of the Hopefully, sometime we will address it Senators have been working on it on majority leader. So we got that done even more broadly. But we did pass a the majority side for years. Senator also with his very exceptional atten- class action reform piece of legislation. SPECTER is very close, with the help of tion, his enlightened approach to get- We had only one part of that pass our majority leader, to getting a pack- ting people together. We barely did about 8 years ago. But this one makes age that can be bipartisan. That is that, and without his help it would not it more difficult to abuse the class ac- next. have happened. tion litigation part of the Federal ju- We know broad immigration reform Finally, literally scores of small bills risdiction, where we use our Federal is right up on the screen. That is very that are part of the Energy and Nat- courts to accomplish class action suits. difficult. I say, and predict, since the ural Resources Committee have passed That is a great feather in the hat of the majority leader says it is going to get the Senate within the last 2 days, for Senate because it has taken so long to done this coming year, I believe those various things around the country. We get there. For that, we have to say to who have been waiting are going to be thank him for getting that done. Yes- our majority leader: Thank you for able to say it will be done. I believe so. terday, we passed big legislation and your leadership. It is terrific. Obviously, much more must be done. who would have thought 6 weeks ago The highway bill—let’s leave aside Other things we have passed are not we could pass it. It is the tax provi- the pieces of the highway bill. Let’s very publicly known yet, and should sions of the Budget Act. We all know talk about the overall funding of the be. I can’t do much about it. But essen- that that was hard. That extended the highway system of America by the gas- tially, a bill on health technology alternative minimum tax so it affects oline tax imposed on our citizens. That passed last night without much ado. I far less Americans in a negative way was tied up. It was supposed to have say it is a giant step. on the amount they owe to the Govern- been passed 3 years ago. It got passed I ask unanimous consent for 2 addi- ment. It extended research and devel- after that period of time. I think the tional minutes. opment tax credits for American busi- absolute commitment it would get The PRESIDING OFFICER (Ms. MUR- ness so they can continue to invest in done, and the power of a majority lead- KOWSKI). Without objection, it is so or- research. That whole bill had many er’s office, got us there. That is very dered. items in it that are good for America’s important. Mr. DOMENICI. It is a giant step in future. We got it passed. There are The Senate has passed all of its ap- the modernization of the delivery sys- some things in it, obviously, that I do propriation bills. It looks as though we tem, which will save money. I won’t not like, and I hope some of those are may have been able to avoid an omni- take much time, except to say the ma- not continued, because I think some of bus appropriation bill—or we are going jority leader had a lot to do with that. them are negative to the production of to. Let’s hope so. If we do, that will be I failed to mention that while all of oil in the future, but overall, by an a very big credit. But at least we are this was going on, that I mentioned the overwhelming vote, we passed a tax on the way. We have not gotten them Senate passed an important bill, the measure that moves us ahead. That all passed in both Houses, but they free trade agreement, the Central was the strategy, for all of that was have all cleared this institution, which American Free Trade Agreement. Who worked out with the help of our leader is a credit at this time of year. We would have thought 6 months ago that and the help of other distinguished don’t do that very often. So that is an- this, too, would be in this litany of suc- Senators, including the chairman and other thing we can say that dem- cesses? But it is. ranking member of that committee. onstrates we have had good leadership, All in all, in spite of all the noise, in I mentioned the Energy Policy Act, good direction, and good pressure, the spite of all the bickering, in spite of ev- but let me back up to some other kind of positive pressure the Repub- erything that seems to be moving to- things people take for granted. They lican leader brings. ward polarization and politicization in say, ‘‘So what?’’ We know our Found- I am going to wrap up by talking the Senate, we did get a lot done. I par- ing Fathers said, with reference to about judicial appointments. I would ticularly think much of that is attrib- bankruptcy in our country, the U.S. be remiss if I did not mention that the utable to the distinguished majority Government would have exclusive au- United States of America has a new leader, Senator BILL FRIST. I want to thority. For years we know the bank- Chief Justice. It is pretty fair to say again indicate to him, from this Sen- ruptcy law of the Nation needed re- that the extraordinary patience and ator, my great appreciation for his form. How many times have we had persistence of the majority leader got work and my admiration for how he bankruptcy reform on the floor only to us to this place. The country is pleased does that. see it fail? This year it finally passed. with it. That is obvious. While they do It will make those who file for bank- not know everything about these nomi- f ruptcy slightly more responsible. That nees, they learn about our Supreme PROVIDING FOR ADJOURNMENT is, after they are finished, if they can Court nominees because there is much Mr. DOMENICI. Madam President, I by way of their job pay a small portion openness. This man is ultimately a ask unanimous consent the Senate now of what they owed, they will. That is credit to the President for nominating proceed to the consideration of H. Con. all subject to criteria which the judges him, the Senate for finally doing what Res. 307, the adjournment resolution, will administer so we are sure we are they should, and to our majority leader provided that the concurrent resolu- asking only those who can afford it to for pushing it as he did. tion be agreed to and the motion to re- Everybody has to acknowledge there pay some. Finally, it was passed. consider be laid on the table. I say to the Senate that was a great are three or four things we must get The PRESIDING OFFICER. Without credit to all of the Senate, but also to done. They, too, are being looked at objection, it is so ordered. the distinguished majority leader for with the precision and the dedication The concurrent resolution (H. Con. pushing, for exercising the dedication, and stick-to-it-iveness of our leader. Res. 307) was agreed to, as follows: and most of all, there is a certain They are right there on the horizon for steadfastness about this leader. He next year. H. CON. RES. 307 doesn’t give up. He says what he is I understand the asbestos quagmire Resolved by the House of Representatives (the going to do. He stays right on it, and is something people wouldn’t think is Senate concurring), That when the House ad- big enough to be listed among the most journs on the legislative day of Friday, No- this is another example. vember 18, 2005, or Saturday, November 19, In addition, we have had the issue of important pieces of pending legisla- 2005, on a motion offered pursuant to this excessive litigation. It still hangs over tion. Let me say there is no question it concurrent resolution by its Majority Leader us like something we cannot quite is. Asbestos liability, for better or for or his designee, it stand adjourned until 2 fathom, but it is rampant. We were worse, the reality of it, brings to the p.m. on Tuesday, December 6, 2005, or until

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13308 CONGRESSIONAL RECORD — SENATE November 18, 2005 the time of any reassembly pursuant to sec- the devastation in Pakistan, I share There being no objection, the material was tion 2 of this concurrent resolution, which- several photographs taken by a former ordered to be printed in the RECORD, as fol- ever occurs first; and that when the Senate member of my staff, Mr. Sam Afridi, lows: recesses or adjourns on any day from Friday, who now works for the International [From the Washington Post, Nov. 18, 2005] November 18, 2005, through Wednesday, No- vember 23, 2005, on a motion offered pursuant Labor Organization in Geneva. Earlier WINTER IN KASHMIR to this concurrent resolution by its Majority this month he visited some of the most It takes advanced seismographs to antici- Leader or his designee, it stand recessed or hard-hit areas, including pate earthquakes and computerized weather adjourned until noon on Monday, December Muzzafarabad, and Balakot. These pic- models to predict hurricanes. It doesn’t take 12, 2005, or Tuesday, December 13, 2005, or tures speak for themselves. sophisticated technology to predict that until such other time on either of those Here is Balakot police station with leaving thousands without shelter in the days, as may be specified by its Majority hardly a stone standing on top of an- freezing Himalayas will be disastrous. Unfor- Leader or his designee in the motion to re- other stone. tunately, however, predictability is not a cess or adjourn, or until the time of any re- Here is another—devastation in the predictor of action. With perhaps two weeks assembly pursuant to section 2 of this con- local neighborhood. As you can see, the to go before snows close down the relief ef- current resolution, whichever occurs first. forts that followed the Kashmir earthquake, SEC. 2. The Speaker of the House and the resilience of the people—they are al- it’s not clear that enough has been done to Majority Leader of the Senate, or their re- ready setting up their fruit and vege- avert a horrific secondary disaster. spective designees, acting jointly after con- table stands to help out one another. Last month’s earthquake caused an initial sultation with the Minority Leader of the This is another indication of the dev- death toll of at least 74,000 and left perhaps House and the Minority Leader of the Sen- astation. Here you can see the U.S. 3 million people homeless. But so far only ate, shall notify the Members of the House Army Chinooks flying overhead in this about 340,000 tents have been distributed. and the Senate, respectively, to reassemble picture. Doctors are trying to immunize 1.2 million at such place and time as they may des- Here is a picture of the Hizwan public children put at risk by bad shelter, diet and ignate if, in their opinion, the public interest high school. The earthquake killed 50 sanitation. But the immunization drive has shall warrant it. students, including the principal’s son. only half the $8 million that it needs. Relief Mr. DOMENICI. I yield the floor. You see all the clothes and the teams are trying to position stocks of food in remote villages before the snows come. But The PRESIDING OFFICER. The Sen- backpacks still left there. ator from Iowa. the food lift got underway belatedly, al- Here is a project Mr. Afridi was in- though donors led by the United States have f volved in, the International Labor Or- provided helicopters. PAKISTAN’S RECOVERY FROM ganization Emergency Employment. As The Post’s John Lancaster described it EARTHQUAKES They are hiring people to clean up the Sunday, the contrast with the Indian Ocean debris and move the debris out of the tsunami is distressing. After the tsunami, Mr. HARKIN. Madam President, it roads. They are working to clean up the United States sent nearly $1 billion in has been nearly 6 weeks since Pakistan the devastation. government aid, 16,000 soldiers, 57 heli- was devastated by one of the most pow- Here is a young child caught in the copters, 42 other aircraft and 25 ships. After erful and deadly earthquakes in mod- the Kashmir quake, the United States has of- rubble in a full body cast. We hope he ern times. More than 140,000 people fered Pakistan $156 million in aid, including is going to be all right, but the child were killed or injured in the disaster. military equipment; deployed 950 soldiers; may be disabled for the rest of his life. and sent 24 helicopters. Aid that’s available The earthquake left 3 million people Here is a young boy, showing the homeless; hundreds of thousands of for immediate relief needs has been espe- crutches and the fact that, while we cially slow in coming. The United Nations children were left without schools. hope he can walk again, we don’t know has appealed for $550 million in emergency More than a million jobs were wiped if he will ever walk again. aid, but donors have pledged only $159 mil- out. These are some of the images from a lion. I have come to the floor this after- country that has been a great friend of The tsunami triggered a tsunami of gen- noon to remind my colleagues that as ours and a great ally of ours for a long erosity because it hit during the holiday sea- we are prepared to leave town to spend time. Even back during all of the years son and because Western tourists were af- the holidays with our families, to enjoy fected. But the logistics of getting relief into of the Cold War, Pakistan we could al- the Himalayas are more daunting; the a wonderful Thanksgiving meal with ways reply on—always. They have turkey and all the trimmings, as we sit weather is more punishing. While no deaths fought beside us, side by side, in every were linked to disease and hunger following around our dining tables and warm war we have had, from the Korean war the tsunami, the risk of an after-disaster in houses with family and friends close on. Kashmir is real. Add in Pakistan’s two-head- by, and we give thanks for all our We have done some things, as I men- ed role as an ally in the war on terrorism and blessings, let’s also pause and remem- tioned, but we must do more. The an incubator of terrorists, and the case for ber those halfway around the world Washington Post editorial pointed out scoring a combined humanitarian-foreign who will not even have enough to eat this morning that, after the Indian policy success by delivering more relief fast- er should be obvious. President Bush has that day, will not have a warm house, Ocean tsunami that killed 200,000 peo- and who are facing a winter ahead of sent Karen Hughes, his chief of public diplo- ple, the United States sent nearly $1 macy, to Pakistan. But sending another fleet cold and deprivation. These are the billion in government aid, 16,000 sol- of helicopters would be even more helpful. people of Pakistan, one of our most im- diers, 57 helicopters, 42 aircraft, and 25 Mr. HARKIN. Madam President, as portant strategic allies in Asia, espe- ships—$1 billion. Thus far we have of- cially in the war against terrorism. the editorial points out, we have a big fered Pakistan $156 million. stake in delivering much more gen- There are many difficult months and We sent 16,000 soldiers after the tsu- erous relief to Pakistan. Largely be- years ahead for the Pakistani people nami. In Pakistan we deployed 950. cause of the war in Iraq, America’s and the immediate danger is that the After the tsunami, 57 helicopters, Paki- standing in the Muslim world has fall- winter snows will now soon make relief stan 24. efforts in Kashmir difficult and in While I am sure that aid is welcomed, en dramatically in recent years. some places all but impossible, even by what I am trying to point out is the According to a recent Pew Center helicopter. Americans can be very devastation here was every bit as dev- poll, only 22 percent of Pakistanis ex- proud of the role our Armed Forces astating; there were 140,000 Pakistanis pressed a favorable view of the Amer- have played in relief operations in the killed in the earthquake. ican people. earthquake zone. Immediately after Half that many are now homeless and So clearly the aftermath of the the disaster struck, the United States facing a desperate winter without even earthquake is a chance for us to put offered Pakistan $156 million in aid. We as much as a tent. our best foot forward, demonstrating deployed 950 soldiers as well as 24 heli- The assistance we have offered Paki- our compassion, generosity, our friend- copters. As I speak, a U.S. Army mo- stan—one of our best friends and long- ship for the Pakistani people. bile surgical hospital is operating in time allies, a crucial ally in our war on By reaching out to them in their Muzzafarabad, providing medical care terror has been way too modest. hour of need, we can show the people of to thousands of quake victims. I ask unanimous consent to have the Pakistan that we see their country as To give our colleagues and viewers editorial from this morning’s Wash- more than a base for operations watching on C–SPAN a better idea of ington Post printed in the RECORD. against terrorists.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13309 To that end, I urge President Bush, We ought to be looking for ways for service to our flag, in service to our Secretary of State Rice, and the Gov- the USAID to provide a way for these country. I am struck by these colorful ernment to take a more assertive lead- people to go to Pakistan, under the mosaics of these troops, amen; the ership role in rallying the inter- American flag, for a period of weeks or green and blue of their uniforms set national community to assist Paki- months so they can put their talents to against the background of the bold col- stan. We can begin tomorrow at the use in assisting the earthquake vic- ors of our flag, Old Glory, Old Glory. International Donors’ Conference in tims. Each of these proud troops holds an ex- Islamabad. To date, the international This would send a powerful message pression of pride and courage, even community has only provided a quarter of friendship and good will of the though many of them appear to be so of the emergency relief that the United American people to the Pakistani peo- young. Note their ages—18, 19, 20, 21— Nations requested for earthquake as- ple. just starting out in life, having one full sistance in Pakistan. I urge my colleagues to remember glance of what is around them. Let me repeat that. The United Na- the pictures I have shown and to re- I can only imagine the grief of their tions has appealed for $550 million in member, this Thanksgiving week com- loving families during this time of the assistance for Pakistan, but donor na- ing up, the millions of poor people in year, as the somber tones of fall con- tions have pledged only one-fourth of Pakistan whose lives were shattered in trast with the joy of being with family that amount. only a few minutes, one of the most during the upcoming holidays. I pray In contrast, 1 month after the Indian devastating earthquakes to ever hit that God, Almighty God, will comfort Ocean tsunami, the U.N.’s emergency our planet. They are struggling to put those who have suffered losses, that He appeal was 99 percent filled. Now it is their lives back together. We need to will bless the fallen in their everlasting only a quarter filled. do more—again, both in terms of short- life, and that His hand will protect Some good things are happening. For term relief and long-term reconstruc- those who still serve in harm’s way. example, as I pointed out, the Inter- tion. Time and again, Pakistan has That so many have sacrificed during national Labor Organization has set up been there for us. Time and time again, this war in Iraq is reason enough to ask an emergency cash-for-work program from the beginning of the Cold War, questions about our Government and in the earthquake region. People are when they allowed our U–2 flights to about our Government’s policy in that being put to work making infrastruc- fly from Peshawar over the Soviet faraway land. Our troops continue to shed their blood, and our Nation con- ture repairs, removing debris, improv- Union, all through the Cold War, the tinues to devote enormous sums of our ing sanitation. Korean war, the Vietnam war, Haiti, This is a picture of the International national wealth to continue that war. everywhere we have been, the Paki- The Constitution protects the Amer- Labor Organization and their emer- stanis have been by our side. Now it is gency employment and what they are ican people from unjust laws that seek our turn to be there for the people of to stifle the patriotic duty to question doing. Pakistan in their hour of need. During The aim of this program is to inject those who are in power. But it is the this Thanksgiving week, let us resolve courage of the American people that cash back into the local economy, to do better than we have done in the while helping people get back to work compels them to actually speak out past. when those in power call for silence. If to support themselves. I urge the President and the Sec- According to my former staff mem- anything, attacks on patriotism of retary of State at the Donors’ Con- freedom-loving Americans may result ber, Mr. Afribi, one of the participants ference tomorrow in Islamabad to step in this program said to him, ‘‘For in even more Americans fighting forward to lead the international com- against attempts to squelch the con- every rupee we get for this work, it munity to do better than they have feels like 10 because we have earned stitutional protections of freedom. done in the past. Since our country was sent to war on it.’’ I yield the floor. March 19, 2003, 2,073 American men and So clearly these are people of pride The PRESIDING OFFICER (Mr. women have been killed. Yes, 2,073 and dignity and they are willing to COLEMAN). The Senator from West Americans have died. Nearly 16,000 work hard. They are looking for a Virginia is recognized. troops have been wounded. handup, not a handout. It behooves us Mr. BYRD. Mr. President, I thank Our military is straining under the to be more generous and forthcoming the Chair. repeated deployment of our troops, in- than we have been to date. We need to f cluding the members of the National continue to provide immediate emer- IRAQ Guard. They come from all walks of gency humanitarian relief. But we also life. They are lawyers. They are teach- need to tend to the longer term needs Mr. BYRD. Mr. President, as we look ers. They are preachers. They are coal of the survivors. out the window in most of our great miners. They are farmers. More than Many children, as I have shown, have country, we can witness the season $214 billion has been spent in Iraq and had amputations. They need to be change, the change in the season, and the end is not in sight. More than $214 cared for. Safeguards need to be put in we can feel it. The air has become crisp billion spent in Iraq and the end is not place to ensure that their disabilities with autumnal chill. The leaves on the in sight. Urban combat takes place do not get in the way of their edu- trees change their color; from the exu- each day, every day, in Baghdad, all cation. Past experience tells us that berant, green lushness of the summer day long. Every day and night. such children are vulnerable to being months to the tired, brown, yellow, and Veterans hospitals in our own coun- exploited in the workplace. In closing, red of the autumn, much like the try are threatened by budget short- we have an important mission here—to graying hair of a man advancing in falls, and yet Americans are still left come to the aid of the Pakistani people age. to wonder, when will our brave troops in their moment of maximum need. Nature can sometimes mimic human be coming home? When? I have many good friends in the Paki- events with a subtlety that no words I opposed this war in Iraq from the stani-American communities. I have can quite convey. As our country heads outset. From the beginning I spoke out many good friends in Pakistan. I was into the season that is celebrated with against our entry into this war. I privileged to visit there this Sep- the love of family and the love of pleaded with my colleagues. I pleaded tember, the third time I have been to home, Americans should also look with the White House. I asked ques- Pakistan. I traveled quite extensively across the landscape of America and re- tions that have not been answered. I in the country. The Pakistani people flect upon the loss of so many young spoke out against the invasion of a are wonderful. They are highly edu- Americans in the 12 months since au- country which did not pose an immi- cated and skilled. The Pakistanis in tumn last fell upon us. nent threat to our national security. I America, who have come to make a Think about it. In the past year, said so then—and I was right. I opposed better life for themselves, are doctors, more than 820 servicemembers have the war in Iraq from the outset. From surgeons, engineers, and so on. Many of lost their lives in Iraq. the word go, I opposed it. But our them have called me, eager to get in- The evening news features pictures of troops were ordered to go to Iraq and volved in the relief in Pakistan. American troops who have perished in they went.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13310 CONGRESSIONAL RECORD — SENATE November 18, 2005 The question is, now, when will they But instead of working with the Con- back. It could not see the wisdom of come home? The administration has so gress, instead of clearing the air, the this approach. It could not bring itself far laid out only a vague policy, saying White House falls back to the irksome to see the wisdom of the approach. our troops will come home when the practice of attack, attack, attack; ob- So, my fellow Senators, it is vital Iraqi Government is ready to take re- scure, obscure, obscure; attack. The that we have benchmarks against sponsibility for its country. When our American people are tired of these rep- which to gauge our progress. That is troops are no longer needed, when the rehensible tactics. If anything is rep- how we can measure effectiveness and, job is done, they will come home. We rehensible, it is these tactics. most importantly, how we know when will not stay a day longer than we are Circling the wagons will not serve the job is done. The administration’s needed. this administration well. What the peo- strategy of keeping our troops in Iraq That sort of political doublespeak is ple demand are the facts. They want for as long as it takes—have you heard small comfort to the mothers and the the truth. They want their elected that before? Keeping our troops in Iraq fathers of our fighting men and women, leaders to level with them. And when it for as long as it takes?—that is the the mothers and fathers who turn and comes to the war in Iraq, this adminis- wrong strategy. Who knows how long it toss upon their pillows, whose tears tration seems willing to do anything it will take for the Iraqi Government to wet the pillows, whose prayers break can do to avoid the truth, a truth I be- institute order in that fractured, un- the silence of night. Oh, when will they lieve will reveal that the Bush adminis- happy, miserable country? come home? Bring my boy home. Oh, tration did, indeed, manipulate the Unfortunately, the questions that the God, this awful war. facts in order to lead this Nation down American people are asking about the Wednesday evening the Vice Presi- the road to war. War. War. missteps and the mistakes in the war dent of the United States, even claimed The administration claims that the in Iraq are not being answered by this that criticism of the administration’s Congress had the same intelligence as White House, not being answered by war in Iraq was dishonest and rep- the President before the war and that the administration. Vice President rehensible. Did you hear that? Hear independent commissions have deter- CHENEY has dismissed these important me, now; let me say that again: On mined there was no misrepresentation questions as ‘‘making a play for polit- Wednesday evening the Vice President of the intelligence. But neither claim ical advantage in the middle of a war.’’ of the United States, the man who is is true. The intelligence agencies are Now, listen to that. The Vice Presi- within a heartbeat of being the Presi- under the control of the White House. dent of the United States has dismissed dent of the United States, the Vice All information given to the Congress President of the United States even these important questions as ‘‘making was cleared through the White House. claimed that criticism of the adminis- a play for political advantage in the And the President had access to an tration’s war in Iraq was ‘‘dishonest middle of a war.’’ How about that? enormous amount of data never shared and reprehensible.’’ Perhaps the Vice President should Since when are we not to lift our with the Congress. There was a filter question White House aides about voices? Are the American people not to over the intelligence information the using war for political advantage. For lift their voices in criticism of the ad- Congress received. That filter was the example, on January 19, 2002, the Wash- ministration’s war in Iraq? Is it dis- administration, which is actively en- ington Post reported that Karl Rove— honest on the part of the American gaged in hyping the danger and lusting get this—advised Republicans to people to do that? Is it reprehensible after this war, this terrible war in Iraq. ‘‘make the president’s handling of the on the part of mothers and fathers of Remember the talk of weapons of war on terrorism the centerpiece of sons and daughters who were sent to mass destruction? Remember the talk their strategy to win back the Senate that most dangerous country in the of mushroom clouds? Remember? Re- and keep control of the House in this world? Is it reprehensible? Did the Vice member the talk of unmanned drones? year’s midterm elections.’’ Does the President measure his words? The Vice The so-called proof for war was mas- Vice President have anything to say President’s comments come on the saged before it was sent to Congress, to about that? heels of comments from President scare Members, and leaked to reporters Let me say that again. On January Bush, who said: to scare people. 19, 2002—I read about it at the time; I No independent commission has stat- What bothers me is when people are irre- did not miss it—the Washington Post sponsibly using their positions and playing ed that the case for war was indis- reported that Karl Rove advised Repub- politics. That’s exactly what is taking place putable. Commissions have looked at licans to ‘‘make the president’s han- in America. how the intelligence fell short, but dling of the war on terrorism the cen- Listen to that. The President and the none have yet examined possible polit- terpiece of their strategy to win back Vice President need to reread the Con- ical manipulation. the Senate and keep control of the stitution, take another look at that in- Even the Senate Select Committee House in this year’s midterm elec- imitable document. Asking questions, on Intelligence slowed its examination, tions.’’ That was said on January 19, seeking honesty and truth, and press- stalled its examination of possible 2002. That was quoted in the Post on ing for accountability is exactly what White House manipulation. My col- that date. Yes, does the Vice President the Framers had in mind. What would league from West Virginia, the ranking have anything to say about that? George Washington say? What would member of the Intelligence Committee, The Vice President also lashed out at Alexander Hamilton say? What would Senator Jay Rockefeller, is rightly those who might deceive our troops: James Madison say? What would pressing for answers. The saddest part is that our people in uni- Gouverneur Morris say? What would Right now we are engaged in a mis- form have been subjected to these cynical James Wilson say? sion with no definition. That is trou- and pernicious falsehoods day in and day Questioning policies and practices, bling because without a clearly defined out. especially ones that have cost this Na- mission, it is impossible to determine Now, listen to that. Was the Vice tion more than 2,000 of her bravest sons when our effort is truly accomplished. President trying to clarify some of his and daughters, is the responsibility of This week, the Senate had the oppor- past statements on Iraq? Was he? every American and is also a central tunity to establish some very basic On March 24, 2002, the Vice President role of Congress as our duty as the benchmarks for progress in Iraq, said that Iraq ‘‘is actively pursuing nu- elected representatives of a free people. benchmarks that would have clearly clear weapons at this time.’’ There was We—you, you, you and I—we are the outlined goals and provided account- no doubt about it, to listen to the Vice elected representatives of the Amer- ability in meeting those goals. The pro- President—no doubt. ican people, the people all over this posal, offered by the senior Senator On August 26, 2002, the Vice Presi- vast land, its plains, its prairies, its from Michigan, Senator Carl Levin, dent said: was a modest, flexible approach that mountains, it valleys, its lakes, its riv- Simply stated, there is no doubt that Sad- ers, its seas. Yes, we are the men and would have given our troops, their fam- dam Hussein now has weapons of mass de- women who are tasked with seeking ilies, the American people, and the struction. There is no doubt that he is the truth. Is that irresponsible to seek Iraqi people some basic guidepost. Un- amassing them to use against our friends, the truth? fortunately, the Senate turned its against our allies, and against us.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13311 Let me go back and read the quote. How would you feel, Senators, how lady. Senator STEVENS is so proud of Let me repeat it. would you feel if our country were in- her, and he has a right to be. On August 26, 2002, here is what the vaded by another country? You would The article his daughter wrote is an Vice President said: want them out. You would do anything outgrowth of her senior thesis at Stan- Simply stated, there is no doubt— you could to get them out. American ford University, and as I read it, I un- Get that— troops are now perceived as occupiers, derstood why Senator STEVENS was so Simply stated, there is no doubt that Sad- not as liberators. The longer we stay, excited about it and why he wanted to dam Hussein now has weapons of mass de- the more dangerous Iraq becomes, and share it with me. Titled, ‘‘The Message struction. There is no doubt that he is the more likely it is we will drive the of the Dome: The United States Capitol amassing them to use against our friends, future government further from a in the Popular Media,’’ the article ex- against our allies, and against us. democratic republic and closer to reli- plores the ways in which the Capitol That is the end of the quotation. gious fundamentalism and, not insig- has served and communicated with the On March 16, 2003, the Vice President nificantly, the more American and general American public over the said: Iraqi lives will be lost—forever. years. It discusses the Capitol as a We will, in fact, be greeted as liberators. I, for one, believe that it is time to symbol to the American people and Do you remember that? say ‘‘well done’’—‘‘well done’’—to our how the meaning of that symbol has On March 16, 2003, there it is, the brave fighting men and women. May changed over time. Vice President said: God bless them one and all. Let us say, This beautifully written article skill- We will, in fact, be greeted as liberators. job well done, and start to bring the fully conveys the sense of wonder that Are these the ‘‘pernicious false- troops home. awaits every first-time visitor to Cap- hoods’’ that the Vice President believes Mr. President, I yield the floor and I itol Hill. With a trip to the Capitol, our troops have been subjected to? suggest the absence of a quorum. Lily points out, a visit to Washington That is, of course, a rhetorical ques- The PRESIDING OFFICER (Mr. goes well beyond ‘‘a vacation in the lei- tion. Far from questioning his own BURNS). The clerk will call the roll. sure sense.’’ It becomes ‘‘an education statements about the war in Iraq, the The legislative clerk proceeded to journey, one in which the visitor can Vice President’s comments are a ham- call the roll. learn more about the government and handed attempt to squelch the ques- Mr. BYRD. Mr. President, I ask unan- the history of the United States.’’ tions that the American people out imous consent that the order for the And Lily’s article makes fascinating there are asking about the administra- quorum call be rescinded. and intriguing points about this build- tion’s policies in Iraq. The American The PRESIDING OFFICER. Without ing in which her father, Senator TED people should not be cowed. They objection, it is so ordered. STEVENS, and I work. Visitors to the should not be intimidated. And Sen- f Capitol, Lily Stevens writes, while sharing certain common experiences, ators should not be intimidated by TRIBUTE TO LILY STEVENS these attempts to intimidate. The still find their own individual inter- American people should not allow the Mr. BYRD. Mr. President, last night, ests. As she quotes one author: ‘‘The subject to be changed from the war in as the Senate was working into the Capitol means many things to many Iraq to partisan sniping in Washington. late hours of the night and tensions people.’’ Instead, the American people must were running high, our esteemed and Lily Stevens makes the point about raise their voices—hear us—the Amer- beloved colleague, the former chairman how the Capitol functions as a ‘‘na- ican people should raise their voices— of the Senate Appropriations Com- tional shrine,’’ a place for appreciating hear us, listen to us—the American mittee, took me by the arm and pulled our democratic form of government people must raise their voices even me aside. There was something he and for praising our Nation, our his- louder to ask the administration the wanted to show me. There was some- tory, and our national leaders. And she same simple questions: What is your thing that my esteemed and beloved explains how, over the years, the Cap- policy for Iraq? Answer that. What is colleague, TED STEVENS, wanted to say itol has functioned as a church. Indeed, your policy? Is it stay the course? to me and wanted to show me. There religious services were once held in When will the war be over? How many was something he wanted to show me. this building. And the Capitol still per- more lives will this war cost? When It was an article that his daughter Lily forms many functions that are reli- will our troops return home? Stevens had written about the U.S. gious in nature, like funeral services Mr. President, the holiday season is Capitol, and he wanted to share it with for certain national leaders. Statuary almost upon us. Americans will soon me. Hall, she points out, can be seen and sit down at their Thanksgiving tables. I was touched by this. I know Lily. interpreted as ‘‘an American West- They will gather together to give What a prodigious memory she has. Ah, minster Abbey.’’ How about that? thanks to Almighty God, give thanks what a rose in full bloom, what a love- There is so much fascinating reading to Him for the blessings that have been ly woman, Lily. She adores her father. in this article, I could speak long about bestowed upon America’s families. As He adores her. it. I am asking that it be printed in the we gather, there will be an empty seat With everything that was going on in CONGRESSIONAL RECORD, and I urge all at many tables. Some chairs will be the Senate at the time, Senator STE- my colleagues to read it. I promise empty because a service member is VENS was showing a father’s pride in you, you will enjoy it. serving his or her country in a faraway his daughter’s accomplishment. Senator TED STEVENS is also entitled land. Other seats will be empty as a si- I have literally watched Lily grow today to his own personal congratula- lent tribute to those who will never, up. In her article, she points out that tions. Why? Today, November 18, is never return. her father was already a Senator when Senator STEVENS’ birthday. How about Each of these troops has fought to she was born, and while she was a baby, that? Senator STEVENS’ birthday, protect our freedoms, including the her father would bring her to the Cap- today. A wonderful man, a great legis- freedom of Americans to ask ques- itol—I have seen him many times—and lator. Today Senator STEVENS is 82 tions—yes, the freedom to ask ques- carry her around in a basket. I remem- years young. Oh, to be 82 again. Just to tions. Our troops have fought for that ber that, just as I remember how she be 82 again, oh, my. I said to Ted: ‘‘The freedom—people back home, their fam- attended a number of my parties, and I next 5 years are going to be the heavi- ilies, might ask questions, their friends attended a number of hers. est, Ted.’’ I know. Five years ago I might ask questions—the freedom to I watched her grow into the remark- didn’t need those canes, no. My feet ask questions of their Government, the ably—talented person she is today. She and legs were still good. people’s Government. is a graduate of Stanford University Senator STEVENS and I have worked The whole picture, the truth is that and is currently a law student at the together in the Senate since 1968, and the continued occupation of Iraq only University of California at Berkeley. we have been on the Senate Appropria- serves to drive that country closer to Lily is not only prodigious and intel- tions Committee together since 1972. In civil war. They do not want us there. ligent, but she also is a polite, cour- all this time together, I have always They do not want us there. teous, gracious, and charming young known Senator TED STEVENS to be an

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13312 CONGRESSIONAL RECORD — SENATE November 18, 2005 outstanding Senator, a great colleague, and continually grow larger until it would fi- and perphaps their families could enjoy as and a trusted friend. Oh, I realize he nally disappear. I knew where alcohol was much time as possible at different points of may grumble every now and then. He is hidden during Prohibition, where the bomb interest. had gone off in the early 1980s, and where to Sanford’s article reflected a common prac- getting a little bit grumbly. But you stand to hear the whispering secrets of Stat- tice of any Americans, that of a short jour- can forgive him for that. uary Hall. ney to Washington to visit and experience You never have to be concerned My fascination with the Capitol led me to the monuments and nation’s government. about turning your back on him. He is this project for my undergraduate honors Central to this journey was a trip to the U.S. honest. He is straightforward. And his thesis at Stanford University. I wanted to Capitol, for the visitor to wander the halls, word is his bond. Over the years we explore the ways in which the Capitol has see the building, and watch Congress in ac- have had our spats, but never once did served and communicated with the general tion. Many articles such as Sanford’s de- American public. I wondered why so many scribed in detail the functions of the Capitol, I doubt our friendship, our admiration visitors had entered the Capitol, and what the sculptures of Statutory Hall and the for this country, its flag, each other, they were looking to find. In my thesis, I ex- paintings of the Rotunda. All offered a vir- and our ability to work together. plored what the Capitol had symbolized to tual paper tour of the pubic monuments. So today, TED, I say in the words of Americans and whether its meaning had These articles suggested that the Capitol and the poet: changed over time. I thought of the many Washington D.C. were a major point of inter- Count your garden by the flowers, images and references to the Capitol that I est to Americans. Authors like Sanford en- Never by the leaves that fall. had seen in the popular media and wondered couraged a trip Washington. But what did Count your days by the sunny hours, how the building had been shown and de- the travelers hope to learn or find in the And not remembering clouds at all. scribed since its construction. In this ex- Capitol, and what types of visitors came? Count your nights by stars, not shadows, cerpt, which include the first chapter, ‘‘All Why, in particular, was the Capitol such a Count your life by smiles, not tears. Roads Lead to Washington,’’ we will look at popular destination for the traveler? A trip to Washington was not usually a va- And on this beautiful November afternoon, Washington as a figurative center of the country, as the destination for anyone inter- cation in the leisure sense; rather, it was an Senator STEVENS, count your age by friends, educational journey, one in which the visitor not years. ested in learning more about the government and the nation. could learn more about the government and I conclude my remarks by again con- Authors throughout the early part of the the history of the United States. Some arti- gratulating Senator STEVENS on his twentieth century described Washington as a cles focusing on the Capitol or Washington 82nd birthday and on his beautiful natural destination for any traveler. In 1940, referred to travelers as ‘‘pilgrims.’’ This daughter’s marvelous work. I thank Marion Burt Sanford offered advice for a trip term for visitors to the Capitol evoked both TED STEVENS for being a superb col- to the nation’s capital to readers of Woman’s a religious tone and a reminder of the coun- league and a great friend, a great serv- Home Companion. She declared the city to try’s history. In one definition of the word, be the country’s focal point: ‘‘In front of the pilgrims are religious devotees, often cov- ant of his people in Alaska, and for White House is the zero milestone from ering large distances to reach a particular sharing Lily’s article with me. which all distances in the country are meas- sacred spot. In his essay on ‘‘Geography and I ask unanimous consent to print the ured, so all roads lead to Washington.’’ Her Pilgrimage,’’ Surinder Bhardwaj defined the article in the RECORD. article rested on a puzzling premise. She religious pilgrim in terms of three character- There being no objection, the mate- claimed that Washington was a ‘‘zero mile- istics: ‘‘. . . the religiously motivated indi- rial was ordered to be printed in the stone,’’ and yet the nations’s capital was cer- vidual, the intended sacred goal or place, and RECORD, as follows: tainly not at the geographical center of the the act of making the spatial effort to bring country. Some capitals sit at a central loca- about their conjunction.’’ Pilgrims can also ‘‘THE MESSAGE OF THE DOME:’’ THE UNITED tion, convenient to every part of the coun- be travelers in search of a spiritual revela- STATES CAPITOL IN THE POPULAR MEDIA, try: Paris, France and Madrid, Spain for ex- tion or enlightenment, wanderers without a 1865–1946 ample. Washington, D.C., however, is on the concrete destination. One dictionary entry (By Lily Stevens) eastern seaboard, and certainly not acces- for ‘‘pilgrim’’ declares that the word is appli- Anyone who has spent a considerable sible for the western portion of the country. cable to any traveler, whether on a religious amount of time in the nation’s capital has a Yet taken in a figurative sense, Washington mission or not. A pilgrim can be anyone who particular experience with the white build- D.C. is a location that draws many visitors. leaves home behind to make a journey. In ing on the Hill. Growing up in Washington As the federal capital, it is a destination for another definition, the term ‘‘pilgrim’’ labels D.C., I never lost the wonder and excitement politicians, lobbyists, tourists, school the early European settlers of the United of visiting the Capitol. I cannot remember groups, and others. Every person in the States who fled their countries, suffering the first time I entered the building, as it United States has a tie to the city, as the hardships on their trip across the ocean to be was in a small basket carried by my father. place where the laws are made and enforced able to practice religious freedom and de- He was elected to represent the state of Alas- and where the country is governed. There- velop their own communities. This definition ka in the Senate before I was born. As a lit- fore, though Sanford’s claim that ‘‘all roads is perhaps not as relevant to the idea of visi- tle girl, I loved walking up the marble stairs lead to Washington’’ is, in the literal sense, tors to the Capitol, but the reference to the within the building, feeling the grooves worn a misstatement, it does offer an interesting founding of the United States is poignant into the center of each step. I would run my way of looking a the nation’s capital as a and instructive—and would not have been hand up the shiny round banisters attached magnet for many types of people. lost on American readers. to the wall and shuffle my feet along step While the White House was the ‘‘zero mile- What constituted a ‘‘pilgrimage’’ to the after step. The Capitol was a wondrous place stone,’’ Sanford suggested that the first stop Capitol, and who were these ‘‘pilgrims’’? that always seemed to be changing. I could for any traveler must be the Capitol. Even They all came to the nation’s capital to see have run for hours around the big tile circles before any organized visits, the Capitol was the workings of the government and the his- on the floor, following one pattern until it a starting point for a memorable walk in the tory of the buildings, but pilgrims were may made me so dizzy that I lay on the ground city: ‘‘If you arrive at night and are not too different types of people. They were school- laughing, staring at the tall ceiling, until I weary take the taxi to the Grant Statue children brought to the building by their got up to start my game again. below the Capitol and walk a mile down the teachers to learn a civics lesson. They were There were just so many things to look at: wide silent Mall to the illuminated Wash- historians on a pilgrimage to see the sites the marble heads on stands that towered ington Monument and the Lincoln Memorial. where certain senators sat and certain docu- above me, the paintings on the walls and You will never forget it.’’ Making a memory ments were signed. They were mourners who ceilings, the many people who crowded the of visiting the monuments at night was the came to pay last respects to assassinated halls. Every time I walked into the Rotunda, first on her list for a woman to do when com- presidents and unknown soldiers. They were I would lay my head down on the white cir- ing to the city. The reader she addressed was also women like Clara Bird Kopp, who wrote cle that represents the center of Washington a casual visitor, one who would be interested an article for the National Republic describ- so that I could see all of the figures on the in seeing the major monuments as well as in ing her daylong journey around the Capitol. ceiling. My next stop in the Rotunda would experiencing the social side of the city. San- Entitle ‘‘A Pilgrimage to the Capitol,’’ her be my favorite painting so that I could count ford advised her readers: ‘‘The first day in article showed ways in which an everyday the eleven toes on one barefooted man. In Washington should be given to the Capitol person could make a casual pilgrimage to Statuary Hall, I would look for King Kame- and the surrounding buildings.’’ She warned the Capitol, see their senator or congress- hameha, with his brilliant gold clothes. that in order to have a successful trip to the man and make a connection with the build- When I left the room, my neck would hurt nation’s capital, the visit must not be too ing. Pilgrims, therefore, could come with a from looking up at his enormous face, loom- hasty: ‘‘You can’t see the House and Senate specific interest, could be on a trip to learn ing over six feet above mine. As I grew older, in action, or the rare private collections in something new about the government, or I knew every ghost story, and loved to tell the vast Library of Congress, or saunter past could just come to experience the Capitol. the tales of Lincoln being spotted in his tall the embassies on Massachusetts Avenue on a What did these pilgrims hope to find? Cer- hat before stepping through walls, of the hurried bus tour.’’ Her proposed tour was a tainly not on a religious mission, they went large cat that would appear in the Rotunda casual one in which women, their husbands, to Washington in search of knowledge about

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13313 the government. The idea behind many of ‘‘average citizen’’ has a natural interest in own, from the burning of the Capitol during these trips was that the complex structure of the government and that the trip to Wash- the War of 1812, to the memories of docu- the United States Government and its three ington, DC was a trend of ‘‘countless visi- ments signed, deals arranged, and people who branches could somehow be slightly decoded, tors.’’ Most of the articles in education mag- visited. It was a shrine that celebrated the slightly more understood if one traveled to azines took this interest of the ‘‘average cit- past, present, and future of the country. Washington. Seeing parts of the government izen’’ as a given, and described aspects of the Like the idea of a ‘‘pilgrim,’’ the use of the in action, whether Justices presiding in the Capitol or Washington for the pilgrim. Be- word ‘‘shrine’’ to describe the Capitol con- Supreme Court or Senators arguing on the hind all of these articles was the idea that veyed religious connotations. Though it did floor, would lead to a deeper understanding children and adults alike would become bet- not function as a religious shrine, and of the functions of the government. Along ter, more knowledgeable citizens by being though the United States on principle sup- with the live experience of viewing the Con- pilgrims, thus partaking in a common expe- ported a separation of church and state, the gress within the Capitol came the oppor- rience with many other Americans. Capitol did have some involvement with reli- tunity to peruse the architectural, artistic, Although many shared in the common ex- gion. Gilbert Grosvenor described one way in and historic elements of the building. Not perience of visiting the Capitol, each indi- which the Capitol functioned almost like a only did the Capitol present highlights of the vidual might have found a different interest. church: ‘‘For some years religious services country’s history through artwork, it also Writing in the National Education Associa- were held in the old Hall of Representatives held memories of great events that took tion Journal, Mildred Sandison Fenner sug- on Sunday afternoons; Lincoln attended place within its walls, whether joyful or sor- gested: ‘‘The Capitol means many things to them during the war period, when the hall rowful. While some who entered the Capitol many people.’’ Her article appeared during was crowded because many churches had and wrote about their experience saw them- World War II, at a time when Washington been converted into barracks.’’ The national selves as pilgrims of democracy, others were had become a center of focus for the world. shrine also held funeral services for leaders, casual visitors. Still others were profes- She used the Capitol, as a house of govern- in addition to the national tradition of lead- sionals in search of a certain statute or ment and a national monument, to reach out ers laying in state within the rotunda. Gros- room. Some were visitors on a mission, at to many types of Americans and world citi- venor also commented that the placing of the Capitol to lobby, protest, or otherwise zens. She divided people into seven cat- statues in that ‘‘old Hall of Representa- participate in the process of democracy. egories and addressed a section to each, ex- tives,’’ transformed the room into more than One of the most visible and common plaining what aspects of the U.S. Capitol just Statuary Hall: ‘‘The floor of this room groups of ‘‘pilgrims’’ in the Capitol was would be of interest to those people. Her cat- was raised to its present level when the hall schoolchildren. Every American education egories: travelers, architects, artists, histo- was converted into an American West- included an exploration of the federal gov- rians, teachers, ‘‘all American citizens,’’ and minster Abbey.’’ Relating the room to an ernment, and often a trip to Washington ac- ‘‘all Citizens of the world who believe in the American Westminster Abbey certainly had companied this lesson. In an article for Na- four freedoms.’’ By commenting on all of religious overtones, but he was most likely tional Geographic Magazine, Gilbert Gros- these specific interests, she was able to de- referring to the memorializing of leaders and venor included a picture of group of young scribe almost every intrigue about the Cap- notables that took place in the room Americans, with a caption that read: ‘‘A itol, as well as explain her ideas about what through sculpture. group of proud pilgrims on the steps of the it meant to all people. Travelers, she said, Aside from memorializing American his- Capitol.’’ The paragraph of explanation would remember the Capitol as their first tory through art, the history of events with- below the image spoke of the phenomenon of sight if they arrived at Union Station. in the Capitol itself reflected important mo- pilgrims, of visitors to the Capitol: Speaking of the architects’ interests, she ments in the development of the United Tens of thousands of Americans take a was able to describe the basic appearance States. As the National Education Associa- short course in patriotism and government and dimensions of the Capitol, as well as tion Journal declared, ‘‘The history of the annually by making a pilgrimage to Wash- speak of the architects who contributed to Capitol is the history of our country.’’ ington; but none of them get more of happi- the building. Artists, she said, would be in- Memories of the great and disappointing mo- ness and inspiration out of it than the mem- terested in the ‘‘paintings and sculptures of ments of the past that occurred in the build- bers of the boys’ and girls’ clubs of the rural great historic and patriotic interest.’’ Her ing illustrated various times in the country’s high schools. The boys and girls in this pic- passage ‘‘to Historians’’ was the longest, history. ‘‘If you study this building long ture hail from the parishes of Louisiana and mentioning several moments in the Capitol’s enough,’’ Beverly Smith wrote for the Satur- won a national poultry judging contest. history. She wrote of the laying of the cor- day Evening Post, They are seeing Washington under the guid- nerstone, the move of the national capital to ance of one of their Senators and the Sec- Washington, the burning of the Capitol in ‘‘. . . you can learn America’s history since retary of Agriculture.’’ 1814 by the British, the completion of the Washington’s day. In the very first Congress For the students and their companions, dome during the Civil War, and more. which sat here, Jefferson was elected over presumably their teachers or guardians, the According to Fenner, the Capitol embodied the devious Burr on the thirty-sixth ballot, trip to Washington was a special honor. a variety of meanings for the various visi- saving the young republic from who knows Grosvenor used them as models for his idea tors. For those who led the school trips to what oblique destiny. Here Andrew Jackson of the pilgrimage, which he described as ‘‘a Washington, the Capitol could be seen as a escaped assassination when two pistols short course in patriotism and government.’’ key to a broad history. ‘‘To teachers,’’ she missed fire. Here Representative—formerly These pilgrims were becoming better, more wrote, ‘‘the story of the capitol is an even President—John Quincy Adams died, on that faithful citizens through their trip to the broader one, embracing the history of the couch now in South Trimble’s office. In this Capitol and Washington. Grosvenor equated country itself.’’ Of course, she also admitted building were voted all our wars since 1800. enhanced patriotism with a first-hand expe- that ‘‘[t]o all American citizens,’’ the Cap- Lincoln worked here as a congressman. Here rience in Washington, as though visiting na- itol represented the basic actions of govern- Woodrow Wilson pleaded, and Franklin Roo- tional buildings like the Capitol would natu- ment, the legislative body and the basic sevelt spoke, tired and tense in his chair, rally inspire feelings of pride in the govern- process of democracy. She expanded this idea after his return from Yalta.’’ ment and in the country. While most visitors in her last section, addressing ‘‘all citizens of Her readers received a crash course in did, in effect, take ‘‘a short course in . . . the world who believe in the four freedoms.’’ some highlights and low points of American government,’’ not all necessarily left the To these people, Fenner claimed, ‘‘the Cap- history and pride. Notable events include the Capitol with patriotic feelings, as we will itol of the United States is the ‘arsenal of de- deaths of officials within the building, the later discuss. mocracy.’ To these millions it is a symbol of actions of the Congress, and the presence of Several articles in education periodicals hope and a prophecy of the future.’’ great leaders. These events were not readily complemented Grosvenor’s positive view of As a symbol of hope and prophecy, the Cap- apparent to the tourist. In order for a visitor the school-age child’s reaction to a pilgrim- itol became a ‘‘national shrine,’’ a term that to appreciate what history the building held, age to Washington by suggesting knowledge appeared in a 1947 article in the Saturday they had to have a tour guide, or a literary of the Capitol should be basic like reading, Evening Post. Author Beverly Smith re- tour guide such as Smith, explain these mo- writing, and arithmetic. In the National marked upon the ways in which the building ments. Education Association Journal as well as in served as a center for praising the govern- Many of these articles gave an insider’s ac- School Life, articles highlighted the Capitol ment, for remembering the past: ‘‘The Cap- count of the past, including both popular and and suggested reasons why a visitor might be itol is part shrine, part hangout. It has been little-known stories of the Capitol’s history, interested in the building. One unidentified called ‘the Caaba (holy of holies) of Liberty,’ for it was not through the casual pilgrimage author of such an article spoke of the gen- . . . Rufus Choate said, ‘We have built no that a person could notice these spots and eral visitor to Washington: ‘‘Next to himself temple but the Capitol.’ ’’ The Capitol served instinctively know what happened in the and his home town or city, the average cit- as a national shrine, or civic temple, in a va- past. Gilbert Grosvenor also included some izen is interested in his country, its laws and riety of ways. As a mostly secular shrine, the stories of moments past in ‘‘The Wonder lawmakers, its seat of government. In April Capitol assumed a role of a place for wor- Building of the World.’’ He wrote of Statuary and May . . . Washington’s parks and drives shipping democracy, for praising the nation, Hall, the former chamber of the House of reflect the lavish mood of nature and count- its history, and its leaders. In addition to the Representatives: ‘‘Here Lincoln, John Quin- less visitors climb the steps leading to the artistic remembrances of great moments cy Adams, Horace Greeley and Andrew John- Capitol.’’ The author boldly stated that any past, it embodied a certain history of its son served in the same Congress. Here Henry

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13314 CONGRESSIONAL RECORD — SENATE November 18, 2005 Clay welcomed Lafayette, who replied in a entire ninety-six are placed.’’ He did not passed before the flower-laden catafalque of speech said to have been written by Clay. merely dislike the positioning of the statues, the unknown soldier prior to interment at Here John Marshall administered the oath of but also the statues themselves. He ex- Arlington.’’ The ritual of paying respects to office to Madison and Monroe.’’ The preser- plained that they had no artistic continuity, the unknown soldier began after World War vation of the country’s history through as a wide variety of artists had completed I, and has continued to be a part of the post- memories such as those Smith, Grosvenor, them, and that State Legislatures had often war tradition for all major conflicts. By and Fenner described was an essential ele- favored cheaper statues over ones that were placing the coffin of the Unknown Soldier in ment to the appreciation of the shrine. more aesthetically pleasing: the Rotunda before it is interred at Arling- In addition to holding stories, the national ‘‘Zachariah Chandler, the latest addition ton Cemetery, the country has been able to shrine preserved key moments in American to the hall, wears neatly creased trousers symbolically mourn for all those who died in history through art. For the artistic ‘‘pil- and a new white topcoat with fashionable war. At the same time, this tradition makes grim,’’ the halls of the Capitol were filled roll lapels. Lewis Cass, who stands beside the statement that deceased presidents as with visual history. Visitors could peruse the him, is clothed in a suit so badly wrinkled well as those who die fighting for the United art within the Capitol and learn something that one look will make a tailor’s hands States deserve the same respect and honors. about the past entirely on their own. Fenner twitch. General Lew Wallace’s right coat The national shrine did not only praise mentioned her own preference for some of sleeve is laid open halfway to his elbow and those leaders and notables of the past. As a the works: ‘‘Among the better oil paintings rolled back while his left sleeve is drawn way of honoring the nation and democracy, are those of Stuart, Peale, and Trumbull.’’ tightly about the wrist. Daniel Webster’s some revered the leaders who worked within Congress had commissioned Trumbull’s coat is woefully in need of pressing. The the Capitol at the time. Grosvenor concluded paintings in the early nineteenth century to dress worn by Miss Frances E. Willard, the his long article on the Capitol by saying that commemorate scenes of the American Revo- only woman in the group, appears to have the present deserved as much attention and lution. Throughout the Capitol, frescoes of- been slept in.’’ commendation as the past. He included fered allegories of great leaders or of basic St. Clair maintained that he was not alone members of the House, Senate, and Supreme principles of the republic. Works of art hung in his opinion, and related the story of a Court in his praise. He began by stating a on walls in offices and hallways, all por- ‘‘merry war’’ that was ensuing at the time. common practice of people to overlook the traying different moments in America’s past. The conflict arose between the lieutenant present: ‘‘Amid the glamour of history, some However, the paintings that hung in the Ro- governor of Kansas, Sheffield Ingalls, and an are prone to discount the achievement of the tunda were not of particular interest to au- artist who had completed one of the statues. present and the abilities of those to whom thors, perhaps because any visitor to the St. Clair explained that Ingalls was attempt- have been entrusted the duties of lawmaking Capitol could observe them. More important ing to have the statue of his late father, Sen- and law-administering. But the student of to these literary pilgrimages were little ator John J. Ingalls, removed from Statuary the past knows that the wail of the ‘deca- known stories and facts about the national Hall. Ingalls’ motivations reflected his worry dence of the times’ is one which has gone ‘‘shrine.’’ about the sensation surrounding the room: forth in every age.’’ Grosvenor concluded his Both preserving a memory of the past and ‘‘Reverence for his parent made such action article by reminding the reader that those praising great leaders through sculpture, imperative, the son said, inasmuch as the en- current leaders could some day be given Statuary Hall was the center of much debate tire collection of statues had, due to their great honor: ‘‘The men of to-day who are on the early twentieth century, and a com- poor arrangement and, in many cases, inar- making the history of America will, in turn, mon destination for the ‘‘pilgrim’’ especially tistic execution, become ridiculous and have their meed [sic] of recognition, and in interested in the arts. Dedicated by the mirth-provoking curiosities to tourists.’’ some future time their effigies in bronze and House and Senate to be a place where each Ingalls’ concern that his father would be- marble will be placed in Statuary Hall as State could send sculptures of two people of come the source of ridicule and mocking comrades in glory with the Founders and accomplishment, the Hall became a source of shows the impact that the phrase ‘‘chamber Preservers of the Republic.’’ In some ways, many extreme opinions. While some people of artistic horrors’’ had on how Americans Americans paid tribute to the actions of enjoyed the sculptures and admired the idea thought about Statuary Hall. Though it their leaders every day by listening to de- of placing leaders from each State within the originally was intended to honor great lead- bates on the floor of the House and Senate Capitol, many others described it as a ‘‘ ers, the artistic failings made it a controver- and by visiting their delegations’ offices. chamber of horrors,’’ due to the poor quality sial room. However, not all who came to the ‘‘na- of the sculptures and the bad arrangement of Former leaders were also honored in the tional shrine’’ found people, or actions, figures. Gilbert Grosvenor was of the former ‘‘national shrine’’ through the tradition of worth praising. In one book, Historic Build- opinion, and gave a positive view of Statuary laying-in-state. On these occasions, the Ro- ings of America, ‘‘famous authors’’ took a Hall. ‘‘An unwarranted phrase,’’ he wrote, tunda was turned almost into a funeral home critical look at American institutions and ‘‘has made it popular to call Statuary Hall a or church as Americans came to pay last re- traditions that were generally accepted and chamber of artistic horrors. Such designa- spects to the deceased. Many presidents have praised. A chapter by Charles Dickens, tion does injustice to the art and the history lain in the center of the Rotunda, mostly ‘‘Within the Capitol,’’ attacked the motiva- of the room where the House of Representa- those who died in office. The ceremony had a tions of all politicians within the chambers. tives met for 40 years and which now exem- strong impact on the participants, as Cath- Though Dickens’ excerpt was likely written plifies a really fine memorial idea. Setting erine Cavanagh described in an article for during the early 19th century, its inclusion clear his feelings about the hall in the begin- Bookman: in this early 20th century book suggests its ning, he continued on to explain how it came ‘‘The solemn Rotunda of the Capitol has message resounded with readers years later. to be. A law was passed in 1864 to create been made almost unbearably solemn by fu- Dickens wrote: Statuary Hall, which he said was so that: neral services which have been held there— ‘‘I saw in them the wheels that move the ‘‘the States could use it as a place to do na- notably those of the three presidents who meanest perversion of virtuous Political Ma- tional honor to the memory of their sons and died by the hands of assassins—Lincoln, Gar- chinery that the worst tools ever wrought. daughters renowned for civil and military field and McKinley. And one who has looked Despicable trickery at elections; under- service, each State being entitled to place upon the silent form of one of our rulers handed tamperings with public officers; cow- two statues here.’’ At the time that most of lying under the lofty canopy of the dome can ardly attacks upon opponents, with scur- these articles were being written, there was never forget the awe of the occasion. The rilous newspapers for shields, and hired pens but one woman among the collection of stat- long black line in front, and the long black for daggers; shameful trucklings to merce- ues, Frances E. Willard. Statuary Hall at- line behind, in the procession of reviewers nary knaves whose claim to be considered, tracted many visitors who came to gaze at are forgotten—one seemed alone with the au- is, that every day and week they sow new the statues as well as to experience the gust dead in the vast grandeur of the cham- crops of ruin with their venal types, which ‘‘whispering’’ phenomenon of the elliptical ber typifying the core of the Nation.’’ are the dragon’s teeth of yore, in everything room; a person standing at one focus of the To Cavanagh, visiting a leader lying in but sharpness; aidings and abettings of every room could hear a person whispering at the state not only was a solemn occasion, but bad inclination in the popular mind, and art- other. also was an opportunity to have solitary ful suppressions of all its good influences: Many authors, artists, and other citizens time within what she sees as the Nation’s such things as these, and in a word, Dis- did not view Statuary Hall in so pleasing a figurative heart. As one waited in line to honest Faction in its most depraved and light as Gorsvenor. Lambert St. Clair wrote visit the coffin, it was an occasion to ponder most unblushing form, stare out from every an article for Collier’s, ‘‘The Nation’s Mirth- all of those who have passed. Authors strong- corner of the crowded hall.’’ Provoking Pantheon,’’ in which he described ly associated the Rotunda with these serv- Dickens would have been one of the critics the Hall in detail, attacking it artistically. ices: to the National Education Association who Grosvenor attacked in the conclusion to Not only were the sculptures themselves ter- Journal, mentioning the tradition of laying this article. Writing an impassioned account rible, but their placement around the room in state was a natural part of a description of the characters of leaders within the build- also left much desired: ‘‘The arrangement of the rotunda. A general explanation of the ing, Dickens was far from praising those who obviously is bad. Forty-one statues are size and shape of the Rotunda was accom- made or enforced the laws. Though Dickens crowded into a space which might accommo- panied by a reminder of several services that was not praising the actions of those politi- date ten artistically . . . Guides expect to had taken place within the room: ‘‘Here Lin- cians within the shrine, he was exercising grow wealthy rescuing lost tourists when the coln’s body lay in state; here multitudes the right of free speech, a basic principle on

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13315 which the democracy was founded. As a Brit- an article entitled ‘‘Nerve Center of the done before them. The Capitol remains a ish citizen, he brought a slightly different World,’’ Albert Parry wrote that Washington central destination for all who find them- perspective to his view of the Congress, but could still be thought of as a small town, selves on a road that leads to Washington. his attack reflects the basic right to offer even though its importance was growing on f criticism. Therefore, though he did not ad- the national and international scene, ‘‘If mire the actions of these particular leaders, anything,’’ he wrote, ‘‘Washington is a IN THANKSGIVING he was valuing an ideal that the ‘‘national charming Southern town which has grown Mr. BYRD. Mr. President, as the City shrine’’ was intended to represent. large and cosmopolitan without losing its of New Orleans and countless other Just as Dickens criticized the government drawl.’’ In these and other articles on the openly and thereby enjoyed one of the privi- Capitol and Washington, journalists were communities along the U.S. gulf coast leges of democracy, so have millions of demystifying the formal ideal of the Capitol, continue to clean up from the twin dis- Americans come to the Capitol in order to making it a more accessible place. asters that were Hurricanes Katrina express their grievances. Their roads led to Smith in particular wanted Americans to and Rita, as Florida reels from yet an- Washington for a different purpose: for a pil- see ways in which the Capitol belonged to other major hurricane there, as U.S. grimage of protest. These protests could eas- them. In one story she related a physical casualties in the Iraq and Afghanistan ily be the subject of an entire paper, and so way in which everyday Americans left their conflicts soar above 2,000, and as scan- I will just take a look at one of the protests mark on the building: as an example of the many that have oc- dal engulfs the White House itself, it curred. In an article for New Republic in 1931, By day in the sunshine or at night under its might seem difficult to find anything John Dos Passos described a ‘‘hunger march’’ floodlights, the great dome looms white and to be thankful for on this Thanks- pure. But, if you climb the long spiral stairs that took place at the Capitol. The situation giving. was tense as a group of men proceeded up to the little galleries around the dome, you see that every inch of the surface within For many families in the United Constitution Avenue to the expanse between States this holiday season, the tables, the Capitol and the Library of Congress. Dos human reach is covered with writing, in pen- Passos gave a picture of the scene to the cil, ink, crayon and lipstick—all the small if tables they can find to set, will be reader: familiar chirography of the American people: set with fewer plates than usual, and ‘‘The marchers fill the broad semicircle in Jimmy loves Marge . . . Kilroy was here . . . the fare might be somewhat skimpier front of the Capitol, each group taking up its Mr. and Mrs. G. Wallace Shiffbaur, of than in years past. Their homes are in position in perfect order, as if the show had Minesota . . . Hubba, hubba. Hearts and ar- ruins, their jobs lost, their friends and rows. Periodically the writing is painted out, been rehearsed . . . Above the heads of the family members scattered, and their marchers are banners with slogans printed but a new swarm of tourists and out: ‘in the last war we fought for the bosses: honeymooners covers it up again, quick as prospects for rebuilding the lives they in the next war we’ll fight for the workers magic. ‘‘What can you do?’’ says a guard. once knew are uncertain. It can be dif- . . . $150 cash . . . full pay for unemployed ‘‘It’s their Capitol, ain’t it?’ ficult to take the long view in the face insurance.’’ Though the dome appeared to be com- of such circumstances, or to reflect on These men had come to the Capitol to seek pletely ‘‘white and pure,’’ she informed her history with any equanimity, even government aid during the Great Depression, readers that upon closer look, it was filled though history is replete with exam- and though the banners may have changed with graffiti, the kind that normally covered ples of recoveries from terrible disas- bathrooms and college hangouts. It was for each different group that came to pro- ters. One has only to think of Hurri- test, the general process of a protest pilgrim- quite an image that she presented; as a age was familiar. This group had come to whole, the Capitol seemed formal, pure, and cane Camille, or the Great Depression, Washington, like many, to raise awareness stately, and yet on close inspection, it was or World War II, or the San Francisco about their plight and to get the attention of partially made up of the marks of everyday earthquake, the great Chicago fire, to lawmakers within the Capitol. In his article, Americans. The guard who watched people find evidence that out of the ashes of Dos Passos took a highly cynical tone, de- daily write upon the dome merely shrugged war and devastation can come the re- scribing the dome of the Capitol that ‘‘bulges his shoulders at the practice. he saw no prob- birth of cities, communities, and smugly’’ and the Senate Chamber as a ‘‘ter- lem with the signatures, as he believed the economies. There is hope. building upon which they were writing was mite nest under glass.’’ He also suggested There is also much worth celebrating that the Capitol building itself played an ac- their property as citizens of the country. tive role in the protest, for as the men shout- The Capitol as a destination and a place as families sit down to their Thanks- ed their demands, Dos Passos claimed that for pilgrimage drew countless number of giving tables. We may be grateful that ‘‘a deep-throated echo comes back from the Americans to its step. The roads and paths of the loss of life to the hurricanes was Capitol facade a few beats later than each many different types of pilgrims led to Wash- not greater. We can all celebrate the shout. It’s as if the status and the classical- ington and to the United States Capitol. Pil- tremendous outpouring of support that revival republican ornaments in the pedi- grims to the Capitol were sometimes eager, spontaneously erupted from the hearts, ment were shouting too.’’ For Dos Passos, sometimes critical. They came to see their hands, and wallets of Americans out- leaders in action, to wander the halls, to the Capitol took on a human quality, with side the gulf coast disaster zone and the status seeming to participate in the view the places where certain events oc- march as well. The pilgrimage of protest curred, and to participate in the democratic from friends around the world who such as this ‘‘hunger march’’ was but an- process. They encountered or red about a were glad to come in their turn to our other way that the ideals embodied in the space that could become as familiar to them assistance as the United States has in Capitol, the ‘‘national shrine,’’ could be ex- as an ‘‘old comfortable home.’’ By appealing the past come to theirs. Communities pressed. to different interest, these journalists made all along the periphery opened their Underlying many of the articles that dis- the building understandable and intriguing doors to welcome refugees from the cussed the Capitol as a pilgrim’s destination to all types of readers and visitors. The storms, and volunteers flooded into the was the idea that the building belonged to Woman’s Home Companion offered advice on the American public. These articles at- how to organize a trip to Washington and the area in such force that relief organiza- tempted to relate a more human side to the best times to visit the Capitol; the Saturday tions were overwhelmed. The public re- Capitol, one that could describe the formal Evening Post wrote stores full of human in- sponse to the gulf coast disasters was white building as a familiar place. The terest, including both formal descriptions truly inspiring and heartwarming. It American public should think of the building and little-known facts. Besides the stories of proved that a core value of this Nation, as theirs. Beverly Smith suggested through- contemporary life, articles focused on the its sense of community, remains strong out her article that though the Capitol was Capitol’s interior: paintings and sculptures and vital. a shrine, it should also be thought of as ac- that celebrated great moments in the his- We can also celebrate the ability of cessible, even as ‘‘a friend.’’ She quoted a fel- tory of the United States and great leaders low journalist: ‘‘ ‘I am not one of those who past. Mentor published articles specific to its our Nation’s first responders to learn can sneer at the Capitol,’ wrote Mary readers, focusing on the art within the Cap- from their mistakes. While the plan- Clemmer Ames, a lady correspondent in itol. Through these articles, authors reached ning and response to Hurricane Katrina Washington 70 years ago. ‘Its faults, like the out to readers to make the Capitol more ac- was in most people’s estimates pretty faults of a friend, are sacred.’ ’’ Her entire ar- cessible to all. The civic space, the ‘‘shrine,’’ abysmal, the preparation for and re- ticle contrasted the Capitol as shrine with offered visitors and readers alike a glimpse sponse to Hurricane Rita was a little the Capitol as a hangout, which created a of the past, the present, and the future. Au- better. And, unfortunately for the peo- picture of the building as a national space thors invited readers to consider the building ple of Florida, they have gotten a lot of that should be a comfortable place for pil- as belonging to all Americans, and not as an grims. She declared that the building was a untouchable place. While Americans no practice in the last couple of years, and friendlier place than its image suggested, an longer participate in the ritual of signing their preparations for and response to idea that appeared in other representations their name on the dome, they still come to hurricanes is well rehearsed. There is of Washington from the time. Similarly, in experience the Capitol as countless have much we can learn from these terrible

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13316 CONGRESSIONAL RECORD — SENATE November 18, 2005 events, and hope that we take those casseroles or with marshmallows and ator SUSAN COLLINS of Maine. Today, lessons to heart. brown sugar; and pies—glorious pies Senator COLLINS cast her 2,942nd con- The brightest spot in the war in Iraq with spicy pumpkin topped with secutive vote as a Senator, breaking is the performance of our troops. Day whipped cream, and fruit pies in flaky the record of the former Senator from after dangerous day, they do their shells, topped with cheese or ice cream. Maine, Margaret Chase Smith. In doing duty. They patrol, they seek out insur- Americans know how to cook, and all this, Senator COLLINS has maintained a gents, they struggle to provide a secure the variations on our traditional perfect voting record since she was environment for the rebuilding of that Thanksgiving meal surely mean that sworn in to the Senate in January 1997. nation. Day after day, they face down this feast will never settle into routine. Senator COLLINS recently honored their own fears and travel those lethal Thanksgiving. Can there be a better Margaret Chase Smith just a few weeks roads to take the battle to the enemy. day? It starts with parades to watch for ago during a ceremony to unveil an of- However one may feel about the path the youngsters. Then the action in the ficial portrait of Senator Smith, a por- that led us to Iraq, we can feel nothing kitchen heats up, competing with foot- trait entitled ‘‘The Great Lady From but love, pride, and respect for our men ball games and the happy arrival of Maine’’ which now hangs proudly in and women in uniform. Whatever the guests for our attention with a whole the U.S. Capitol. As Senator COLLINS circumstances under which we sent array of enticing aromas and clattering said in a tribute to Senator Smith at them there, through misread intel- noises. The meal itself is wonderful, that unveiling: ligence or misleading rhetoric, the U.S. with family and friends around the For every woman serving in the Senate, military has gone, and gone again and table giving thanks and meaning it. Margaret Chase Smith blazed the path, but again, and performed their duties with And after the meal, in the warm glow she was a special inspiration to me. courage and dedication. of a full stomach, there is time for Senator COLLINS met Margaret Chase Even the scandal that now haunts companionship as the leftovers are put Smith as a senior in high school, par- the White House, and which is begin- away and the dishes are washed. The ticipating in a Senate youth conference ning to wash over the President’s clos- evenings are primed for walks in the here in Washington. She remembers est advisors, may give us cause for cool weather, or short naps, or other Senator Smith telling her to ‘‘stand celebration, and not for any partisan sports, before the leftovers make their tall for what I believed.’’ Senator COL- reasons. As Americans, we may be first reappearance. There are few days LINS continues to use this advice today thankful for living in a nation in which like this, devoted entirely to family as she chairs the Homeland Security no man is king, to rule at his own without the distraction of, say presents and Government Affairs Committee whim and to undermine his detractors at Christmas or Easter egg hunts. and working for the people of Maine. at will and without consequence. We Thanksgiving is the one time we can I know I speak for all of my col- may be thankful for our system of gov- really focus on all that we have to be leagues in the Senate when I congratu- ernment, with its checks and balances thankful for just by looking around late her on this truly remarkable ac- between the three branches of govern- that table. My wife Erma and I have so complishment. ment firmly established in our Con- much to be thankful for, and I know f stitution. And we may celebrate the that she joins me in wishing a very wisdom of guaranteeing freedom of ex- happy thanksgiving to all Americans. AFGHANISTAN pression and the existence of a free May each of you, no matter how des- Mr. MCCONNELL. Mr. President, press. perate your present circumstances may freedom continues to advance in Af- Though the wheels of government be, be blessed and see all that you have ghanistan. Of course, they are a great may sometimes grind exceedingly to be thankful for. ally in the war on terror. In fact, I re- slowly, we can be grateful that they Mr. President, I wish you a happy call visiting Afghanistan just a little still can be pushed and cajoled into Thanksgiving. I would like to close over 2 years ago with the current occu- conducting their oversight functions with a poem by Charles Frederick pant of the Chair, and we had an oppor- and asserting those checks and bal- White, written in November 1895. His tunity to see firsthand the progress ances. That is what keeps this country words serve to remind us that they had made at that time, not to strong. President Abraham Lincoln Thanksgivings past were not very dif- mention how far they have come since. said ‘‘Let the people know the truth ferent than today. A few days ago the results of that and the country is safe.’’ Whatever THOUGHTS OF THANKSGIVING country’s historic parliamentary elec- may be the final outcome of the inves- Thanksgiving Day is coming soon, tions, held in mid-September, were of- tigation into possible retribution by That long remembered day ficially certified. At the time that Sen- the White House against Ambassador When nature gives her blessed boon ator BURNS and I were there, they had Wilson and his wife for Wilson’s role in To all America. not yet had the election of the Presi- unmasking a fraud in the government’s On that glad day, in all our land, dent, not officially. They have since case for going to war in Iraq, the Na- The people, in their wake, had that election. Now they have had a tion is safer and better off for having Give thanks to God, whose mighty hand parliamentary election. Those results the means for citizens, acting through Deals blessings good and great. are now certified. A joint Afghan and their elected officials and their legal The roast goose, steaming on the plate, United Nations election commission system, to challenge possible abuses of The sweet potato cobbler, has declared the winners in races for power. The cranberry sauce, the pudding baked, 249 seats in the lower parliamentary The seasoned turkey gobbler, So even in these dark days, there is house, as well as members of 34 provin- cause for thanksgiving. I hope that the All these delights and many more, cial councils around the country. recent dip in gasoline prices will allow From north, south, west and east, Afghanistan’s continued progress to- Do all the nation keep in store families to come together, pull out the For this Thanksgiving feast. ward democracy is obviously a victory good china and set a beautiful table in the war on terror. Four years ago, Alas, for those who are denied overflowing with all the dishes that This blessed boon of God! the ruthless Taliban regime ruled Af- make this feast so memorable and so May all the needy be supplied ghanistan with an unyielding, mur- mouthwatering: turkey, roasted, Like Israel by the rod. derous intolerance, and they laid down grilled, smoked, barbequed or deep The PRESIDING OFFICER. The Sen- that country’s welcome mat to all the fried; stuffing in all its regional vari- ator from Kentucky. terrorists to ‘‘come on in.’’ I would like ations with herbs or oysters or sausage f to remind my colleagues that 4 short or cornbread; hams coated in pine- years ago Afghanistan was ruled by a apples and cloves or cured with smoke TRIBUTE TO SENATOR SUSAN regime so intolerant that as part of an or sugar; cranberries served jellied or COLLINS effort to erase any trace of Afghani- chopped, with oranges or not; green Mr. MCCONNELL. Mr. President, I stan’s history before the rise of Islam bean casserole with a crown of fried on- rise this afternoon to pay tribute to in the seventh century, the Taliban de- ions; yeast rolls or biscuits dripping one of the most effective and out- stroyed two priceless Buddhist statues. with butter or gravy; sweet potatoes in standing Members of the Senate, Sen- These statues had been carved into the

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13317 face of a cliff outside the Afghan city when the Senate has received the con- Office of Personnel Management, and of Bamiyan. These ancient wonders ference report, it then be agreed to, the Postal Service. that had endured for centuries were in- with the motion to reconsider laid I believe that given the cir- stantly turned into dust. The Taliban upon the table. cumstances and our budget allocation, was literally trying to erase history. The PRESIDING OFFICER. Without this is a good bill. We started with a But now the Taliban itself is history. objection, it is so ordered. budget that was severely underfunded America’s quick defeat of the (The conference report is printed in in many of the important programs in Taliban, the rescue of the Afghan peo- the House proceedings of the RECORD of the bill. These are programs which his- ple out from under their wicked thumb today, November 18, 2005.) torically have been strongly supported and the quick transformation of Af- Mr. BOND. Mr. President, I thank all by Members of this body. Thankfully, ghanistan into a burgeoning democracy or our colleagues. This has been a long in most cases we have been able to re- in just 4 years is nothing short of and interesting path that we have trod. store many of the cuts and shortfalls, amazing. Today I stand in support of the perhaps not as much as some Members Today, a democratically elected par- Transportation, Treasury, HUD, Judi- would want and certainly some areas liament and a democratically elected, ciary, and Independent Agencies fiscal not as much as I want. But I think all President Hamid Karzai, are charting a year 2006 appropriations bill. This bill Members will understand and appre- new course for their country. I am also includes the District of Columbia ciate our efforts to fund the programs proud to say that a new day has fiscal year 2006 appropriations act. Be- and activities that enjoy the greatest dawned in Afghanistan. Where there fore getting into the details of the bill, support. was repression, now there is liberty. I thank Chairman KNOLLENBERG and I wish to express a very special For instance, reports indicate that 68 his ranking member, Mr. OLVER, on the thanks to our chairman, Senator COCH- of the new legislators are women. Four House side. Particularly, I express my RAN, who demonstrated his under- years ago little girls weren’t allowed to sincere appreciation to my ranking standing and sensitivity to the needs of go to school, and women had no rights member, Senator MURRAY, for her hard the Transportation-Treasury Appro- whatsoever. Four years ago women work, thoughtful and bipartisan ap- priations Subcommittee. were second-class citizens, blocked proach to crafting a good bill, and her While we received significantly less from jobs and educational opportuni- unwavering commitment to getting the budget authority for the conference, ties by the Taliban. These 68 women bill done on an expedited schedule as without Chairman COCHRAN’s help the legislators make up over a quarter of mandated by the leadership. As all who House would have demanded a much their chamber. That is significantly follow this place know, we have had harsher and unrealistic reduction in higher than the proportion of women in some bumps on the road over the last our allocation, with the results we saw our Congress in the United States. several days which forced both House that happened in regard to the Labor- Afghanistan will continue to make and Senate staff to work throughout a HHS fiscal year 2006 funding bill yes- progress toward freedom and democ- number of nights this week while com- terday in the House. racy. The provincial councils are now pleting a blitzkrieg schedule in order In particular, despite our fiscal limi- in the process of selecting 68 members for us to be able to vote on this meas- tations, we have worked diligently to of the House of Elders, which is the ure today. Despite these bumps, we ensure the transportation programs in upper parliamentary house. Those se- have completed our work, and I com- this bill are adequately funded. One of lections will be completed soon. Then pliment Congressman KNOLLENBERG on my highest priorities in fashioning this with President Karzai’s selection of an his commitment and perseverance to bill was to provide the needed funding additional 34 members to the upper work with me to overcome these prob- for the safety, construction, and main- house, the full Afghan Parliament is lems. tenance of our highways, transit sys- scheduled to convene for the first time I do express my sincerest gratitude tems, and airports. Funding for our Na- in the third week of December. and thanks to our excellent staffs; on tion’s transportation infrastructure, I ask my colleagues to join me in sa- the Senate side, on the subcommittee, and especially for our highways and luting the people of Afghanistan as on my side, Jon Kamarck, Paul road network, creates jobs and pro- they move forward toward freedom and Doerrer, Cheh Kim, Lula Edwards, Josh motes economic growth. More impor- democracy. I ask all of us to join in Manley, and Matt McCardle; on Sen- tantly, it continues the continued pledging the full support of the United ator MURRAY’s side, Peter Rogoff, Kate maintenance and growth of our eco- States as the people of Afghanistan Hallahan, William Simpson, Diana nomic infrastructure by which we serve continue to fight the last vestiges of an Hamilton, and Meaghan McCarthy. markets throughout the Nation and ul- extreme terrorist element, and as they Obviously, we extend our thanks as timately the world. The transportation continue to stand with the grand coali- well to the House side staffers. system is the heart and arteries by tion of free nations who are waging the Now, Mr. President, the staff had to which we pump our goods and products war on terror. work extremely hard, in a bipartisan which guarantee our current and fu- I yield the floor. manner, to make our recommendations ture prosperity in the national and The PRESIDING OFFICER. The Sen- and instructions a reality. This is not a international marketplace, and we can- ator from Missouri. simple bill. Yet it is likely a Rube not afford to shortchange this system. f Goldberg machine with many complex We also removed the designation on moving parts. the Alaskan bridges. The funds remain TRANSPORTATION, TREASURY, This bill is the first real appropria- with Alaska to meet their priority HOUSING AND URBAN DEVELOP- tions product of a new subcommittee needs. These bridges were grabbing un- MENT, THE JUDICIARY, THE DIS- that grew out of the reorganization of reasonable and unwarranted attention TRICT OF COLUMBIA, AND INDE- the Senate Appropriations Committee which was beginning, in many ways, to PENDENT AGENCIES APPROPRIA- earlier this year. It is a substantial and undermine the very good work and the TIONS ACT, 2006—CONFERENCE complex bill that will have a signifi- very necessary projects in this highway REPORT cant and positive impact on every bill. Mr. BOND. Mr. President, I ask unan- State and community in the Nation as In addition, this bill provides $14.4 imous consent that the Senate proceed it covers, among other things, every billion for the Federal Aviation Admin- to 1 hour of debate in relation to the mode of transportation, financial serv- istration, which is approximately $400 conference report to accompany H.R. ices, and IRS requirements as guided million more than the request. This 3058, the Transportation-Treasury-HUD by the Department of Treasury; it recommendation includes $14.3 million bill; provided further that Senator funds the Federal Government’s role in to hire safety inspectors and restore in- COBURN be in control of up to 30 min- housing and economic role under HUD; spector staffing levels on an acceler- utes of debate; I further ask consent it funds the Executive Office of the ated basis. It also adds $4 million to re- that the two managers have up to 15 President, Federal judicial system, and store engineering and inspector staff- minutes each and that following the funds other related agencies such as ing at the Office of Certification so use or yielding back of the time, and the General Services Administration, that new equipment and technologies

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13318 CONGRESSIONAL RECORD — SENATE November 18, 2005 can be approved for use in aviation and support for the strong State-Federal ernization Program. This program is our Nation can retain its leadership in partnership which had been included in correctly IRS’s highest management aviation. I am pleased also to announce the highway bill to ensure effective and administrative priority. that the bill does not cut the Airport Federal-State cooperation. For the Federal judiciary, the bill in- Improvement Program, as proposed in Where we and some of our colleagues cludes a total appropriation of $5.7 bil- the budget request. part company is on the scope and the lion, a 6-percent increase over the pre- I am also happy to report we have venue. I strongly believe that Federal vious year, and this represents the been able to fund Amtrak at $1.315 bil- law should be enforced in Federal funding necessary to meet the judici- lion, while making some incremental court, and thus the key provisions in ary fiscal year 2006 funding needs. steps to reforming how Amtrak con- the conference report will ensure that For HUD, the bill provides some $38.2 ducts its business. These reforms are that will occur. There will be Federal billion for fiscal year 2006, an increase critical, and it is my hope that these enforcement on the major interstate of $2.1 billion over the request. These improvements will move to jump-start activities. State law violations will additional funds include almost $4.22 the efforts of Senator LOTT, Senator continue to be enforced in State court. billion for the Community Develop- STEVENS, and others to pass a truly Federal law violations will continue to ment Fund and CDBG, which was slat- comprehensive reform package. be enforced in Federal court. ed for elimination through a reduction Mr. President, I was troubled by the In order to ensure that the States of over 30 percent of its funding and a administration’s demand of Amtrak re- target those typical rogue movers who consolidation of its activities along form with a budget request of $360 mil- seem to be too small for U.S. attorneys with other programs into a new grant lion. A $360 million-a-year appropria- and thus are slipping through the program within the Department of tion would likely jolt Amtrak directly cracks, the language makes clear that Commerce. into bankruptcy, a costly financial and the responsibilities of the State agen- The bill also increased the Senate- emotional blow to the Nation and send cies are focused on what carriers they proposed rescission of ‘‘excess’’ section Amtrak into chaos. Many Members, in- have jurisdiction over. Namely, these 8 funds from $1.5 billion to $2.05 billion. cluding the occupant of the chair, our are the highest risk, fly-by-night car- After further review of the account, we distinguished Senator from West Vir- riers or carriers who meet one or more firmly believe we have identified a one- ginia, and Members throughout the of the following: The carrier is unregis- time savings from section 8 that al- Senate asked us to take strong action tered; or the license of the carrier or lowed us to increase the rescission to to avoid that problem. Thankfully, we broker has been revoked for safety or $2.05 billion. were able to scrape enough funds to- lack of insurance; three, the carrier is In addition, I am happy to report we gether to ensure the continued exist- unrated or received a conditional or have adequately funded HUD programs ence of Amtrak, although it meant a unsatisfactory safety rating by DOT; at a minimum of last year’s level number of other programs were under- or the carrier has been licensed for less which is generally higher than the re- funded, and when we received finally than 5 years. quest. the recommended reforms at Amtrak This then accomplishes all the goals The bill basically funds the Execu- from the administration, we were able we have been discussing—tougher Fed- tive Office of the President at the re- to include them. eral law, additional consumer protec- quested level. We have fully funded the Mr. President, I also should touch on tions, State attorneys general and High Intensity Drug Program at $127 another issue in the conference report, other State agencies have been granted million; whereas, the budget would and that is the ongoing efforts to im- the authority to be a cop on the beat to have funded it at 100 million in the De- prove protection consumers have from help enforce the Federal law. Their tar- partment of Justice. This is a critically being preyed upon by rogue household gets are the fly-by-night rogues and important program that has been suc- movers. I think we all know they are a their venue is the Federal court and cessful throughout the Nation at help- small group of fly-by-night companies they are being asked to help enforce ing to root out and eradicate meth- that purport to pack and transport Federal law. amphetamine production, marijuana, family household possessions and then Now, Mr. President, moving on to and ecstasy use, as well as heroin and stealing them and holding them hos- some of the other areas in the bill, for cocaine importation. This program has tage for exorbitant fees or make unrea- the Department of the Treasury, this been especially important in Missouri, sonable demands. This could be a dev- bill provides $11.7 billion for 2006. This where methamphetamine production astating blow. amount is about $50 million above the and use have reached almost epidemic In this past year’s highway bill, addi- budget request and some $475 million proportions. tional requirements on movers were in- above the fiscal year 2005 enacted level. Mr. President, as I prepare to close, I cluded, along with new provisions We think it is very important to pro- wish to express my sincerest thanks to granting State officials, particularly vide resources for Treasury’s efforts to the ranking member of the full com- attorneys general, new authority to fight the war on terrorism, and we pro- mittee who has been a great friend and help police the Federal law. Part of the vided full funding for the Treasury’s mentor of mine and who has helped problem has been the lack of the Fed- Office of Terrorism and Financial in- Senator MURRAY and me as we have eral enforcement. The Federal agency, telligence. I know how important the worked through this by gaining the the Federal Motor Carrier Safety Ad- Treasury’s Antiterrorism efforts are, necessary funds. ministration, has not had sufficient re- and I strongly believe they play a vital I also thank—I feel his presence im- sources, and the U.S. attorneys, with and unique role in cutting off financial mediately behind me—the chairman the notable exceptions of the Miami assistance to terrorist organizations. emeritus of the Appropriations Com- and New York-New Jersey agencies, Next, to help close the so-called tax mittee whose birthday we celebrate, have also not made these crimes a pri- gap, where those people who pay taxes with very best wishes and, fortunately, ority; thus, the ideas of expanding cops as they should voluntarily have to no songs on the Senate floor. He has on the beat by giving authority to carry a heavy burden for the small per- been of great assistance to us. State agencies and, thus, my work to centage who do not, we have provided I must say, one of my last thank make sure that while we expanded re- $10.7 billion for the IRS, including $6.9 yous is to my chief of staff, Julie sponsibilities, we did so in a reasonable billion for tax enforcement. This Dammann, who has served me since I and consistent way. amount is $443 million above the fiscal arrived in this body. I was going to say First, we provided additional re- year 2005 enacted level. These addi- in 1897 but it was 1987. She has been sources to the Federal Motor Carrier tional funds will help ensure there will with me for these years and has be- Safety Administration to help them do be less fraud and that honest taxpayers come very well known and respected. their job better. We restored $1 million will have a greater level of confidence This will be her last bill and, as on all to the Education and Outreach Pro- in our tax system. the other bills, not only was the appro- gram in order to help them train State We also have provided full funding priations staff working day and night, officials as to how to look and find the for IRS’s modernization efforts but we were communicating by Black- risky carriers. We also reiterated our through their Business Systems Mod- Berry in the middle of the night. She

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13319 was working on the details with the ap- tion I authored as part of the recently (8) would materially alleviate rail capacity propriations staff and others. She was enacted Transportation reauthoriza- problems which degrade provision of service communicating with Senators’ offices. tion bill. My amendment was improved to shippers and fulfill a need in the national rail system. We only came to the floor today be- and incorporated in large part through cause she had worked with other Sen- work with Senator LOTT, who chairs The national ‘‘need’’ criteria of the legislation was written specifically ate offices, as Senator MURRAY and her the Senate Commerce Committee’s staff had, to clear away objections Surface Transportation and Merchant with this nationally articulated energy which might be raised. Marine Subcommittee. I believe the policy ‘‘need’’ in mind. The new RRIF legislation also re- So it is with great thanks that I note changes that Senator LOTT and I made, quires the Secretary to prioritize the contributions to this, her last ap- both during Senate consideration as projects that: propriations bill, of Julie Dammann well as conference deliberations, will have a major positive impact on my (7) enhance service and capacity in the na- and wish her all the best. tional rail system. I also note that my partner, the Sen- State’s rail infrastructure needs and I Mr. President, as the National En- ator from Washington, Mrs. MURRAY, think significantly alleviate some of ergy Policy clearly notes, there is an has been working extremely hard on our Nation’s rail infrastructure prob- overwhelming rail capacity problem in this. She helped clear the way of the lems. Wyoming’s PRB. The Powder River remaining problems. I cannot think of Much of the language that ended up Basin corridor is one of the most heav- how she could have been more helpful in the final Railroad Rehabilitation ily traveled rail corridors in the world. or more productive in this effort. Improvement Financing—or RRIF— Over 400 million tons of coal per year The PRESIDING OFFICER. The Sen- program originated from past legisla- are shipped out, virtually all of it by ator has used 15 minutes. tion that Representative DON YOUNG rail. That number is expected to exceed Mr. BOND. I thank the Chair. I yield introduced. Building on Representative 500 million tons soon, and to grow be- the floor. YOUNG’s bill language, Senator LOTT yond that if capacity allows. It is Mrs. MURRAY. Mr. President, I am and I made a number of changes to therefore clear that, if completed, this pleased to join my colleague, Senator that legislation, but it provided a very 1,300–mile project in the West and Mid- BOND, in supporting the conference re- solid foundation upon which to build. west would have a material impact on port on the Transportation, Treasury, The South Dakota project itself actu- rail capacity in this region and Housing and Urban Development, the ally involves a major national initia- tive to build a second rail line into the throughout the country. Judiciary and Independent Agencies We also have a critical rail capacity Appropriations for fiscal year 2006. capacity-strapped Powder River Basin, PRB, of Wyoming. The Dakota, Min- problem throughout the entire United This bill is the product of many States. What happens in the PRB pro- hours of hard work since the Senate nesota & Eastern Railroad DM&E, an- nounced this project in 1997 and filed foundly affects capacity elsewhere. It passed the bill on October 20. First, I also affects the movement of grain and want to express my sincere gratitude an application with the Surface Trans- portation Board, STB, in February 1998 industrial commodities and general for the cooperative spirit that my col- merchandise intermodal traffic. When league, Chairman BOND, along with our to obtain regulatory approval. That process will be concluded in the near this incredible flow of coal traffic in- House colleagues, Chairman KNOLLEN- creasingly merges with all this other BERG and Congressman OLVER, brought future, which I hope will allow the DM&E railroad to apply for a RRIF rail traffic as it continues its flow east- to bear during our conference negotia- ward, it has a big impact. First and tions. loan to finance construction of the project. foremost, immediate and obvious traf- I am pleased to say that the con- fic congestion occurs the further ference agreement, like the Senate- This project is strongly supported by virtually all of South Dakota’s existing ‘‘downstream’’ into the traffic flow you passed bill, restores many of the more go. The train of merchandise goods punitive cuts that were included in the rail shippers and by the agriculture and economic development organiza- making its way from the west coast to President’s budget for transportation, Chicago has to pull off to the siding to housing and drug law enforcement. tions throughout the State. It is also supported by the vast majority of com- allow another train to pass. Or less ob- We have funded airport grants at vious, perhaps because of a crew or lo- $3.55 billion rather than accept the munities served. And at the press events I participated in earlier this comotive power shortage, the railroad President’s proposal to cut this pro- will have to dedicate limited and lo- gram by half a billion dollars. month—as noted in the Rapid City Jour- nal article that I will later ask to be cally available resources to one train While the President sought to move over the other. This has a cascading ef- made part of the RECORD—even many the Community Development Block fect because it makes it hard to re- Grant program to another department of the landowners directly affected by the construction support it. I have sup- cover when too many of your sidings and cut it by more than a third, this are being used to park trains instead of ported this project since it was first bill restores most, but not all of the being used for a quick meeting point so announced in 1997, when I was serving annual funding for CDBG. they can pass in the opposite direction. While the President’s budget effec- in the House of Representatives, and A less obvious problem is the drain tively zeroed out Amtrak and proposed have supported the project ever since on resources from other regions to ac- to eliminate rail service in our coun- in both the public and private sectors. commodate spot problems. Right now, try, this conference agreement pro- It is incredibly important to the future for example, we are seeing a rail capac- vides Amtrak with a $100 million in- of my State. ity shortage across the board. In addi- But on a national scale, it is also ex- crease and includes many of the re- tion to the long haul traffic that is tremely important to our country’s en- forms that were agreed to and included mixed into these heavy haul coal lines, tire capacity-constrained rail system the bill reported by the Senate com- areas of the country that never come mittee. and to our national energy policy in into direct physical contact with these This is a good bill that addresses particular. lines are affected by their congestion Our national energy policy specifi- many of the urgent needs facing our problems. When those lines ‘‘bottle up’’ cally states that: country. It includes critical invest- as they are doing now, it takes more ments in our Nation’s transportation [d]emand for clean coal from Wyoming’s locomotive power and more people to Powder River Basin is expected to increase infrastructure and provides much need- because of its environmental benefits. How- move trains. So resources are shifted. ed housing assistance to our most vul- ever, rail capacity problems in the Powder For example, we have dozens of loaded nerable. River Basin have created a bottleneck in the grain trains standing today with no Mr. THUNE. Mr. President, I re- coal transportation system . . . There is a power to move them. Grain orders are cently announced a major railroad ini- need to eliminate bottlenecks in the coal a month or more behind in my State tiative in three different cities in my transportation system. and throughout the Midwest today. Lo- home State of South Dakota—Sioux The new RRIF legislation requires comotive power and other resources Falls, Huron, and Rapid City. This par- the Secretary to prioritize projects are being diverted to the PRB and else- ticular project is the result of legisla- that: where to address problems there, and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13320 CONGRESSIONAL RECORD — SENATE November 18, 2005 our farmers are suffering as a result. Going on to other aspects of the new tion is that FRA will undertake best The same can be said for virtually RRIF program, perhaps the most sig- efforts to keep these fees to a min- every traffic commodity out there nificant change we made was in regard imum. The point here is to help expe- today—including coal and general mer- to the valuation and treatment of col- dite the process and give FRA a little chandise traffic. lateral. This legislation requires the more flexibility to get the job done With the completion of this new rail Secretary to use the more realistic quicker. The former RRIF Program line to serve a heavy traffic area, it ‘‘going concern’’ valuation instead of was notorious for the amount of time will relieve pressure on one of the big- ‘‘net liquidation’’ value the Secretary it took to process. There was a particu- gest problem spots, which in turn re- has used in the past in relation to col- larly bad history there, which I think lieves pressure on the system through- lateral. This is important because col- the FRA has already improved substan- out the country. This project will not lateral value is a critical component of tially. This, hopefully, will give them only add more physical track to our the credit risk premium calculation. the tools they need to take the next system and greatly improve existing This language is intended to ensure step. track, it will also result in more loco- that the Secretary applies a ‘‘going The $35 billion authorization level motives and equipment and people. concern,’’ or market value, to the col- was in Representative YOUNG’s original Across the board, this project will re- lateral when determining whether and legislation, as was the provision that lieve pressure on the rail system from to what extent a credit risk premium is prohibited the Secretary from limiting northeast corridor to the southwest required. In short, the question be- the size of a single loan, and the 90-day reaches of the United States. comes, what could the government rea- review period. Those were important In a very basic sense, the national sonably expect to get for the value of provisions that we wanted to retain be- railroad system is well beyond its ca- the collateral if it were sold as a ‘going cause they all go to this concept of en- pacity today. There is not a railroad in concern’ business? In the past, the Sec- couraging major new rail infrastruc- this country that is not backed up on retary has used a ‘‘net liquidation’’ or ture investment in this country, and I its orders. We have more traffic to ‘‘scrap’’ valuation approach. But in the appreciate the efforts by the Senator move than the system can handle. And, real world if we are facing a default sit- from Mississippi and his staff to retain adding to that, the U.S. Department of uation under the RRIF Program, the them and add my language to them. Transportation projects that railroad Secretary is not going to ‘‘scrap’’ the In closing, the original RRIF Pro- freight traffic demand generally will collateral. He is going to sell it for its gram got off to a very slow start, rise 55 percent by the year 2020. We highest and best use value. So that is owing in large part I think to a certain need to add capacity. That requires the way it should be valued when con- degree of resistance from OMB. I am major investments of the kind envi- sidering collateral during the applica- very hopeful that everyone recognizes sioned in our new RRIF legislation. tion process. This is consistent with this effort as a good faith attempt by The changes made to that program private sector lending practices. It pro- Congress to send a clear message that did more than authorize the amount vides protection for the Government, we are trying to encourage major rail that can be loaned. The improvements and also encourages greater rail infra- infrastructure investment in the were specifically tailored to encourage structure investment by avoiding arti- United States rather than think up large-scale investment of the type en- ficial credit risk premium payments reasons to not do it. This is a program visioned by the DM&E project. After when they are not necessary. It also re- that is very much in the national in- all, a large-scale investment is needed quires the Secretary to take into con- terest. As former director of the South if we want to have a material impact sideration what the value will be after Dakota Rail Division, I believe strong- on the national capacity problem. For giving effect to the improvements that ly in the importance of and urgent that reason, I think this project is will be made with the loan. That of need for major rail infrastructure in- critically important to the country. I course will be discounted based on the vestment in this country. I think most hope others will follow suit and develop overall cost of capital for the project. Members of Congress feel the same projects that are national in scope. Along those same lines, another fea- way, and I hope our colleagues in the Nothing is more important to our na- ture that was added to the original administration receive this message tional rail system in my view than this Young RRIF language was to provide and will support our recent action to basic need for capacity. for the loan repayment schedule ‘‘to strengthen the RRIF Program. I hope On a related issue, the rail industry commence not later than the sixth an- they will now join in the effort to has gone through a massive consolida- niversary date of the original loan dis- make RRIF a strong engine for rail in- tion on a national scale. Thousands of bursement.’’ The intent was that this frastructure investment as was origi- miles have been torn up in recent dec- discretion should be used for those nally intended and as we directed in ades and are never to be recovered. large-scale projects that require sev- the recently enacted legislation. This has certainly increased efficiency eral years of construction before reve- Mr. President, I ask unanimous con- on single line segments up to this nues are generated and where the rev- sent that articles describing the pro- point. But in the process, at least from enue ‘‘ramp up’’ may be gradual. This posed rail project—which appeared in a national rail system perspective, we is a pretty standard feature in large the November 6, 2005 editions of the have lost important redundancy in the private sector loans, but under the Sioux Falls Argus Leader, and the system. If we have a problem in one former law the Secretary did not have Huron Daily Plainsman, and the Rapid area, it quickly ripples through the any flexibility to do that. Under the City Journal—be printed in the rest of the country because of traffic new law, interest would accrue and RECORD. backups that have nowhere else to go. compound during this period. It was There being no objection, the mate- We need more pressure relief valves, primarily my intent to provide a rea- rial was ordered to be printed in the and more alternatives that allow the sonable breathing period so that a solid RECORD, as follows: national system a little more flexi- revenue flow would be established be- bility to recover from spot problems. fore payments would be required. [From the Argus Leader, Nov. 6, 2005] We have seen melt down after melt Senator LOTT and I also added a pro- IN DM&E, BACKERS SEE JOBS, PROSPERITY down in the national rail system. That vision to the RRIF improvements to (By Peter Harriman) problem is never going to get better allow the Secretary to charge, and for Rail boss Kevin Schieffer and Sen. John unless we have some alternative emer- the FRA to collect and retain, a fee to Thune toured South Dakota on Saturday an- gency routings developed. The DM&E evaluate loans. This provision was in- nouncing a plan to seek a $2.5 billion federal project will also be of great help in pro- cluded because we want the process to loan to reconstruct 1,300 miles of line in viding a fairly dramatic pressure relief be efficient, and not be a drain on the three states and reach Wyoming’s Powder valve for this critical part of the na- government. The best solution was to River Basin coal fields. The reaction in their wake ranged from the tional rail system. So on many levels, allow the Secretary to hire help and dogged determination of opponents to con- from a national rail system perspec- charge the cost to the applicant. It is tinue fighting the scheme to the ecstatic em- tive, this project reaches well beyond hoped that this will make it easier to brace of shippers and communities that fore- its immediate track geography. expedite these loans, and the expecta- see an economic development bonanza.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13321 ‘‘This is huge for us, huge for us,’’ said Lisa castle, Wyo. She is a member of the Mid Clauson, a South Dakota Sierra Club dele- Richardson, executive director of the South States Coalition for Progress that sued the gate in Rapid City. ‘‘The final EIS is due out Dakota Corn Utilization Council and South Surface Transportation Board over its deci- this fall. There’s an appeal period on that Dakota Corn Growers Association. sion to allow the DM&E expansion. The We’re going to probably appeal it.’’ Having clearance to seek the loan is a DM&E applied for the permit in 1998. Schieffer said he hoped to complete the quantum leap for the Dakota, Minnesota and ‘‘Schieffer had seven years to get financing loan application this year or early next and Eastern Railroad and Schieffer, its chief ex- in a vibrant economy from an industry with have a decision from the rail administration ecutive officer. Yet it’s seen as a smaller a lot of money floating around, and basically on the loan by next spring. That would let piece of a bigger puzzle. At a Sioux Falls nobody was willing to invest in it,’’ Darnell construction begin next year. news conference Saturday, Schieffer devel- said. Even as they laid out a future for South oped that theme. ‘‘Private industry was not willing to put Dakota as an El Dorado of economic develop- ‘‘The end game is not building a railroad,’’ any money into it. Nothing but stupid ment spinning off the DM&E’s ambitious he said. ‘‘The railroad is the means to an money would put money into the DM&E, and project, Thune and Schieffer acknowledged end.’’ the federal government tends to be incred- the ongoing controversies and promised to The project would create 3,000 construction ibly stupid. That’s why it’s the financing of resolve them. jobs over three years and permanently em- last resort,’’ she said. ‘‘Rebuilding the rail- ‘‘Those are legitimate concerns. This is a ploy 2,000 new DM&E workers and create as road in South Dakota for hauling grain, that small state. We’re neighbors,’’ Schieffer said. many new jobs for contractors working for might have been something different. But to ’We need to work these things out, and we the railroad. build the PRB project and expect to haul will.’’ But Schieffer said: ‘‘The direct jobs here coal is totally stupid.’’ Thune said of the project: ‘‘Yes, it’s great are the tip of the iceberg. The real action is On Saturday, Thune and Schieffer said the for South Dakota. But it is not unanimously in the economic development.’’ Powder River Basin project would address a supported. There is some work to do, there Schieffer said the railroad’s presence al- are some issues to address.’’ ready has attracted new businesses. The transportation bottleneck identified in the 2001 U.S. energy plan. The plan states there Issues indeed. Fred Seymour lives on DM&E’s presence in Brookings brought Derdall Drive near the DM&E tracks in Rainbow Play Stations and 500 jobs to that is not enough rail capacity to move Wyo- ming coal to power plants farther east at the Brookings. community. If the railroad can transform ‘‘Nobody has a keener idea of the situation rate it is needed. Because it deals with that itself into the nation’s newest, most techno- than me. I expect if the railroad comes need, the DM&E’s $2.5 billion loan request to logically advanced Class I carrier, ‘‘I see doz- through town you will see property values the Federal Railroad Administration’s Rail- ens and dozens if not hundreds of Rainbow drop by 40 percent,’’ he said. Seymour was road Rehabilitation and Improvement Fi- Play Stations springing up along the line,’’ one of the earliest to call for the railroad to nancing Program would be given high pri- he said. bypass Brookings with its coal trains. But as ority, Thune and Schieffer said. $286.4M PROJECTED IN REVENUE FIRST YEAR This will not stop the Mid State’s Coali- the project has dragged on, the momentum With a $2.5 billion capital investment, the tion from trying to block the loan, Darnell of opposition has slowed, he said. DM&E will create for itself a railroad with ‘‘In my view, the people who opposed the promised. railroad have gotten older and gotten metaphors at both ends of the line. In re- ‘‘We’ll certainly look into it. That will be crankier and have perhaps not promoted counting the railroad’s history, Schieffer a stone that will not be left unturned,’’ she their own interests too well,’’ he said. He an- said the DM&E’s acquisition of a sister line said. several years ago gave it an eastern ter- ticipates within a month Brookings will re- minus at railroading’s Rome. ‘‘For railroads, LAWSUITS, OTHER BARRIERS COULD DELAY solve its differences with the DM&E, and Chicago is Rome. All roads lead there,’’ he START from his vantage near the tracks he predicts said. The news the DM&E might have broken with what sounds like cynical satisfaction ‘‘I He also called the Powder River Basin coal the longstanding logjam on project funding would expect the DM&E is coming right fields ‘‘the Holy Grail’’ of railroading. left some opponents scrambling. Raymond through here.’’ Pursuit of the Holy Grail has kept the Schmitz is the attorney for Minnesota’s Opponents did not rule the day as Schieffer DM&E project wrapped in controversy. The Olmstead County. The county, city of Roch- and Thune made their way to news con- goal of expanding to Wyoming is to let the ester and the Mayo Clinic there all have op- ferences in Sioux Falls, Huron and Rapid DM&E grow beyond its status as the coun- posed the DM&E’s effort to haul coal City. try’s largest Class II regional carrier and through Rochester. POTENTIAL WINDFALL FOR ETHANOL AND join the Union Pacific and BNSF railroads in ‘‘It is my understanding the city and Mayo FARMERS hauling vast quantities of low sulfur coal to Clinic will be taking whatever steps they can News that the DM&E project has taken a power plants in the Midwest and East. North to continue their opposition,’’ Schmitz said long step toward becoming real also was America has seven Class I railroads, based on Saturday. ‘‘Whether the county board elects widely praised Saturday. Schieffer said the annual revenue of $200 million. When the to do anything actively at this point is a de- railroad will build an operations center in project is complete ‘‘absolutely and imme- cision they have to make. The county’s posi- Huron, which has struggled to attract new diately we will become the first Class I that tion to this all along has been the impact of business. Huron lawyer Ron Volesky said has built itself into a Class I since the class- this on the county was way out of proportion Friday he is seeking the Democratic nomina- es were established,’’ Schieffer said. In ask- to any benefit the county might realize.’’ tion for governor, and he hailed the DM&E ing the federal Surface Transportation Board Schieffer praised Thune for including in announcement that it has potential financ- for a permit to become the third carrier into the 2005 federal transportation bill provi- ing for the Powder River Basin project. the Wyoming fields, the DM&E projects coal sions that make it possible for the DM&E to ‘‘That is terrific news for Huron,’’ he said. hauling revenue of $286.4 million in the first get a federal loan for its reconstruction and ‘‘I have always been a big supporter of the year alone. expansion. expansion project, and I am very pleased to CRITICS OBSERVE ABSENCE OF PRIVATE ‘‘Obviously, at this point, we don’t know see these positive developments come INVESTMENT what that legislation says,’’ Schmitz ac- about.’’ But spirited opposition has formed in knowledged. ‘‘It was carefully buried in the At the same time, Volesky said, as gov- places such as Brookings and Pierre, along transportation bill. Whether there is a vehi- ernor he would try to broker compromise be- with Rochester in southeastern Minnesota. cle to raise the issue is something that is tween the DM&E and its opponents. ‘‘The Critics there don’t want to see mile-long coal going to have to be explored.’’ governor has responsibility as the political trains traveling through their towns. Some When the Surface Transportation Board leader of the state to help where he can to landowners in West River South Dakota and approved the DM&E project in 2002, the Mid bring about as much consensus as possible,’’ in Wyoming don’t want 280 miles of new rail States Coalition sued the STB, claiming its he said. bisecting their ranches. Other criticism rises decision was flawed. The U.S. 8th Circuit Gov. Mike Rounds could not be reached for from the Oglala Sioux Tribe that worries rail Court ruled the STB decision was essentially comment Saturday. But he endorsed the construction will threaten culturally sen- sound. The court did, however, require the DM&E project Friday and said: ‘‘I will con- sitive sites. board to further analyze the environmental tinue to work with the DM&E to help make Environmentalists fear noise and air pollu- effects of rail vibration and horn noise, and this proposal a reality and address out- tion from the coal trains and additional air of potential increased coal consumption, be- standing concerns at the state level.’’ pollution in the East from the increased use fore drafting a final environmental impact The state’s burgeoning ethanol industry of coal to generate electricity. statement and issuing a final decision of ap- has almost swamped its existing rail facili- The announcement that the DM&E is seek- proval. That review is ongoing. It might ties, which lends urgency to a DM&E expan- ing the huge federal loan that it thinks it is allow opponents to at least slow the rail- sion, according to Ron Lamberty, vice presi- uniquely qualified to get didn’t weaken the road’s progress toward securing a loan, since dent for market development for the Amer- resolve of prominent longtime opponents nor regulatory issues must be resolved before the ican Coalition for Ethanol. prompt them to view the project more kind- Federal Railroad Administration can con- ‘‘What we had was not built for this,’’ he ly. sider a DM&E loan application. said. A project such as the DM&E’s ‘‘is prob- ‘‘It doesn’t change the fact that’s not a ‘‘I don’t see where they can do anything ably something that’s a necessity in the long viable coal line,’’ said Nancy Darnell of New- until they finish that EIS process,’’ said Sam term,’’ he said.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13322 CONGRESSIONAL RECORD — SENATE November 18, 2005 Richardson of the corn growers association Thune called the project ‘‘hands-down the Schieffer hosted in the state will keep the peers toward the horizon Lamberty identi- biggest single investment ever made in project on track. fied and sees an even brighter future. A re- South Dakota. ‘‘ ‘‘There’s a lot of incentive to keep this built DM&E will aggressively compete with The Federal Railroad Administration has thing going, but just remembering pictures the state’s dominant commodity carrier, the 90 days to decide whether to approve the like this provides more incentive than I can Burlington Northern Santa Fe, and will re- loan after the application is filed. The ever convey to you,’’ Schieffer said. sult in lower shipping rates for farmers, she project would likely take about three years Throughout seven years of ups and downs, said. to build, Schieffer said. ‘‘Huron has been a steady rock of support,’’ And there is this: ‘‘I was visiting with he said. some people in the ethanol industry who said [From the Huron Daily Plainsman, Nov. 6, Thune’s background and knowledge of rail- we will see coal-fired plants in the next 18 2005] road issues put him in a unique position to months,’’ Richardson said. At some point, COMMITTED TO HURON understand DM&E’s needs. He served as Wyoming coal hauled by the DM&E could (By Roger Larsen) South Dakota Railroad Authority director provide the energy to distill ethanol from and worked on railroad issues while on They came to hear when seven long years South Dakota corn at new ethanol plants former Sen. Jim Abdnor’s staff. of waiting for the start of a project unprece- built here, she suggested. Thune has also been on board since the dented in state history in terms of scope and ‘‘It’s huge. Huge,’’ Richardson said of the early days, Schieffer said. ‘‘It’s easy for him jobcreating significance would be over. and it’s easy for me to stand in front of this DM&E’s improved prospects for securing Dakota, Minnesota & Eastern Railroad crowd today because there’s such enthusi- money for its Powder River Basin project. President Kevin Schieffer couldn’t specifi- astic support for it,’’ he said. ‘‘Seven years ‘‘We really hope it happens.’’ cally say when the first spike in the $2.5 bil- ago, that man stood in front of a crowd lion expansion and reconstruction project [From the Rapid City Journal, Nov. 6, 2005] about this big, but most of them were angry will be driven into the ground. landowners who were opposed to the DM&E LOAN COULD HELP S.D. ECONOMY But he could tell them something nearly as project,’’ Schieffer said. (By Jan Kaus) promising. He said Thune listened to them, RAPID CITY.—If a $2.5 billion federal loan ‘‘We feel very good about where things are right now,’’ Schieffer told a Huron crowd es- empathized with them and pledged to make request by the Dakota, Minnesota & Eastern sure the DM&E acted responsibly. But he Railroad is approved, construction on South timated at 250 on Saturday. And for the first time since the project to also told them they must understand the Dakota’s largest railroad project could begin project is too important to the state not to as early as next year, according to DM&E access the Powder River Basin coal fields in eastern Wyoming was proposed in 1998 there be built. president Kevin Schieffer. ‘‘That took courage and some leadership. That announcement came in a news con- is also this: Thanks to a change in the law that now al- That’s the kind of thing that’s always been ference Saturday at Rushmore Plaza Holiday lows the DM&E to seek the $2.5 billion in there, just like Huron,’’ Schieffer said. Inn, where Schieffer and Sen. John Thune, federal loans, Schieffer is in a position to say There are still hurdles to overcome. Oppo- R–S.D., spoke to a group of several dozen that if the application is approved some con- sition still exists west of the Missouri River, people about the financing that only re- struction would start in 2006. as well as in Pierre and Brookings. cently became an option—in a transpor- Until now, there has been no specific time- ‘‘We’ve got issues still to address up and tation bill that expands railroad rehabilita- table. As each year has passed, there has down the line,’’ Schieffer said. ‘‘I think some tion funding. been hope the next one would bring construc- of them will be successful and we’ll still be The plan would allow DM&E to build or re- tion crews to the region. But the largest hur- able to do things and some we won’t.’’ habilitate more than 1,300 miles of rail, the dle has been a lack of private financing, and The regulatory issues are pretty much over majority of which would be in South Dakota. that is no longer the problem. and don’t have to be revisited with the new ‘‘The impact it could have on the whole Sen. John Thune, R–S.D., authored a provi- application for funding. state is huge,’’ Thune said Saturday, calling sion in the recently passed highway bill that Schieffer said he doesn’t want to raise false the railroad infrastructure ‘‘an economic de- expands the Railroad Rehabilitation Infra- expectations, ‘‘but this legislation is very velopment magnet.’’ structure Financing program from $3.5 bil- potent stuff.’’ ‘‘Who even knows the kinds of industry we lion to $35 billion. Railroads like the Union Pacific and Bur- could bring in? Literally, the sky is the limit Of that, $7 billion is set aside for Class II lington Northern had made use of federal in terms of what this could mean,’’ Thune and Class III railroads. funds in the past, but the law had expired said. Based on the traffic load, DM&E is one of and when it was renewed the rules were He said that it would not only provide 50 Class II railroads in the country. changed so DM&041E didn’t qualify. thousands of jobs in South Dakota, but Project completion would make it the Not only does the Thune provision set the would also address a pressing national need— sixth Class I railroad. clock back so the railroad qualifies, if it affordable and abundant energy. While financing can now be sought in meets the criteria the secretary of transpor- ‘‘Forty percent of the country’s electricity terms of a loan, ‘‘it doesn’t mean it’s going tation must give it priority and preference is fueled by coal,’’ Thune said. to get done, doesn’t mean it’s approved, to make the project happen. Schieffer added: ‘‘And it’s not just about doesn’t mean it’s a done deal,’’ Thune cau- Instead of an open-ended time frame, the coal. This is about wheat, cement, clay out tioned. government must make a decision on the of Belle Fourche, timber and a lot of other ‘‘But it does provide a financing option loan application within 90 days of its filing, things.’’ that was not available prior to the passage of which is expected in a couple months. Some- Although most who spoke Saturday were that legislation which works for this time in the second quarter of next year, the in support of the railroad, property owner project,’’ he said. A federal funding source fate of the project should be known. Veronica Edoff said she doesn’t see where the means the project has expanded from a $1.4 Schieffer said he thinks the DM&E project proposal is going to be fair to people who, billion pricetag to $2.5 billion, with new west is the only one in the country that fits the she said, are giving up everything to put and east branches, Schieffer said. criteria. Applicants must be able to prove money in DM&E pockets. Huron would be home to an operations cen- their projects will have a material impact on Other landowners, including Leonard Ben- ter, where cars and locomotives are fueled rail capacity in the country and will serve a son and Richard Papousek said the company and serviced. The area would see 300 to 500 compelling national need. has been more than willing to negotiate and new railroad jobs, based on traffic loads, and ‘‘This is the only rail project I know about work with the ranchers. there would be 3,000 to 5,000 construction out there that will have a material impact Wall Mayor Dave Hahn thanked Thune and jobs over three years in three states. on the rail capacity in this country and Schieffer for what the railroad could do for Other servicing facilities would likely be there is a very clear national need in the fed- the state and its people, drawing the only ap- near Wall, the Wyoming border and New eral energy policy. plause of the evening. Ulm, Minn. ‘‘We have a very strong case to make,’’ Thune said it would enable South Dakota ‘‘There’s a lot of moving parts to this Schieffer said. ‘‘We still have to make it, we to diversify and grow the economy in a way thing,’’ Schieffer said. still have to get it through.’’ But the legisla- no single industry can. After the recent bat- ‘‘Facilities will change and move as time tion gives the railroad a great advantage. tle to save Ellsworth Air Force Base, he said, goes forward so its hard to pin anything ‘‘It is absolutely everything we have hoped that need is more obvious than ever. down with any certainty but one thing isn’t for,’’ he said. ‘‘There’s a lot of work ahead of us yet, but going to change. Debate in the country has been raging I can tell you, it’s a lot further along that it ‘‘Huron, South Dakota is going to be the about not having enough energy, generation was yesterday,’’ Schieffer said. operational heartbeat of this enterprise and transmission, Thune said. Schieffer emphasized that the funding is a when it’s done and that is something that’s ‘‘We would be prime positioned to benefit loan—not a grant or taxpayer-funded pro- not going to change.’’ from some utility plants and additional gram. He said that decision is based on personal power generation that could result if this ‘‘We would have to pay it back, but the and political commitments. railroad project is built,’’ he said. key thing is that it would be stretched over An enthusiastic crowd of 250 at Saturday’s The project would create a synergy be- a longer period of time.’’ presentation one of three Thune and tween transportation and energy, he said.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13323 Low sulfur coal is in great demand because City of Banning, CA for city pool im- Court in Powell County, Kentucky for of the environmental benefits. provements; $350,000 to the City of the construction and development of a ‘‘We get 40 percent of our electricity from Beaumont, CA for the construction of park; $100,000 to the City of Louisville, coal,’’ Thune said. ‘‘The Powder River Basin the Beaumont Sports Park; $350,000 to Kentucky for construction of a play- has literally unlimited reserves of coal re- sources.’’ Competition in the basin would the City of E1 Monte, California for ground in Shawnee Park; $600,000 for also relieve bottlenecks, he said. By 2020, it’s construction of a community gym- the Kentucky Commerce Cabinet to de- estimated there will be a 55 percent increase nasium; $250,000 to the City of Lan- velop a visitor center at the Big Bone in rail traffic in the country. caster, California for installations re- Lick State Park; $500,000 for the Audu- In answer to a question, Schieffer said lated to the baseball complex; $150,000 bon Nature Institute for the Audubon without the need for private investors ‘‘this to the City of Long Beach, California Living Science Museum and Wetlands gives us control of our destiny much more.’’ to develop an exhibit to educate the Center in New Orleans, Louisiana; He said greater independence would mean public on the importance of ports; $100,000 to Greenfield Community Col- the DM&E could become a publicly traded $200,000 to the City of Placerville, Cali- company. lege in Greenfield, Massachusetts for a There has also been concern that the fornia for Gold Bug Park renovations; feasibility study; $280,000 for the City DM&E will forget its ag producers and ship- $100,000 to the City of San Bernardino, of North Adams, MA for the renovation pers. But the project has strong support from California for Renovations to National of the historic Mohawk Theater; commodity groups, and service will not only Orange Show stadium; $125,000 to the $260,000 for the City of Lawrence, MA improve, but will expand. City of Tehachapi, California for design for the redevelopment of the Lawrence ‘‘They know what it means to them,’’ and construction of a performing arts In-Town Mall site; $200,000 for the Schieffer said. ‘‘It’s going to be a huge ben- center; $350,000 to the City of Yucaipa, efit.’’ American Visionary Arts Museum, California for development of the Maryland $350,000 to the City of Sagi- Mr. COBURN. Mr. President, Con- Yucaipa Valley Regional Sports Com- naw, Michigan for renovation of the gress has a moral obligation to make plex; $250,000 to the Lake County Arts YMCA of Saginaw; $250,000 to Walsh difficult decisions about spending pri- Council in Lakeport, California for ren- College in the City of Troy, Michigan orities as we fight the war on terror, ovation of the Lakeport Cinema to a for a library expansion; $500,000 to the recover from natural disasters, and Performing Arts Center; $175,000 for the City of Cape Girardeau, Missouri for struggle to shore up Medicare and So- San Francisco Fine Arts Museums, the construction of a new school for cial Security. Last year in fiscal year CAY for M.H. de Young Memorial Mu- visual and performing arts at South- 2005 our national debt increased by $538 seum construction; $350,000 to the City east Missouri State University; $200,000 billion, or $1,738 per man, woman and of Bridgeport, Connecticut for reloca- to the City of Meridian, Mississippi for child in this country. tion of the Music and Arts Center for the construction of the Mississippi The American people, therefore, are the Humanities to a now-vacant de- Arts and Entertainment Center; and justifiably outraged when Congress en- partment store; $300,000 to the Univer- $750,000 to the City of Pontotoc, Mis- gages in an earmark spending free-for- sity of Hartford in Hartford, Con- sissippi for construction of the all. Pork projects tend to be allocated necticut for facilities construction and Pontotoc County Sportsplex. outside of the regular priority-setting renovation of the Hartt Performing Mr. SARBANES. Mr. President, I debate that governs the rest of the Arts Center; $250,000 for the Town of want to congratulate subcommittee budget process. This is wrong. Members Southbury, CT, for renovations to the Chairman BOND and Ranking Member of this body should not be asking what Bent of the River Audubon Center; MURRAY for successfully concluding right one Senator might have to ques- $200,000 to Lake County, FL for con- this conference report. I would like to tion another Senator’s projects. In- struction of a library; $96,300 to the note that this is the first time this sub- stead, we should be listening to the City of Coral Gables, Florida for the committee, as currently constituted, American people who are asking what renovation of historic Biltmore Hotel; has brought a conference report to the right we have to force them to finance $200,000 to the City of Ft. Myers, Flor- Senate and, in my view, this report is questionable projects in all 50 States. ida for the redevelopment of Edson & a worthy achievement and I intend to Every pork project should be balanced Ford Estates; $200,000 to the City of support it. against other national priorities. Pork Hollywood, Florida for the construc- I note, in particular, the strong title is not a civil right for politicians. tion and development of the Young Cir- on Transportation funding in the re- This bill contains more than 1,100 cle Arts Park project; $100,000 to the port. We all worked very hard to pass a earmarks. Some of those earmarks City of Pensacola, Florida for construc- Transportation authorization bill ear- inc1ude: $150,000 for the Alaska Botan- tion of the YMCA of Greater Pensa- lier this year that maintains a bal- ical Garden in Anchorage, Alaska for cola; $125,000 to the City of Treasure Is- anced transportation program, ensur- expansion and renovation of its infra- land, Florida for construction of beach ing adequate funding for both our Na- structure; $750,000 for the construction walkovers; $250,000 for Miami Dade tion’s highways and transit programs. of the Tongass Coast Aquarium; County, Florida for the Miami Per- In my view, both of these components $100,000 to the city of Guntersville, for forming Arts Center; $75,000 to the City are extremely important to the future renovations to the Whole Backstage of Tybee Island, Georgia for a new fa- economic growth of our country, and I Theater; $250,000 for the Greenville cility for the Georgia 4–H Foundation; am happy to note that the conference Family YMCA for child care facility $300,000 for the Kauai YMCA to con- report being brought to us this after- acquisition, renovation, and construc- struct facilities; $150,000 to Seguin noon is largely faithful to the provi- tion in Greenville, Alabama; $200,000 Services in Cicero, Illinois for con- sions included in SAFETEA–LU. for the Hayneville Lowndes County Li- struction of a garden center; $80,000 to The report’s provisions regarding brary Foundation for construction of a the City of Beardstown, Illinois for Federal employees are also to be com- new library in Hayneville, Alabama; construction of the Grand Opera House mended. The report includes language $250,000 for the Cleveland Avenue Beardstown Historical Society; $250,000 that will help Federal employees to YMCA for facility expansion in Mont- to the City of Joliet, Illinois for repairs compete on a more level playing field gomery, Alabama; $150,000 to the El to Rialto Square Theater; $250,000 to with contractors in cases where Fed- Dorado Public Schools in El Dorado, the City of Peoria, Illinois for design eral agencies decide to consider con- Arkansas for the expansion of a rec- and construction of Africa exhibit at tracting out jobs. The report ensures reational field; $200,000 for Audubon Ar- Glen Oak Zoo; $500,000 for the City of pay parity for all Federal employees— kansas for the development of the Au- Muncie, Indiana to revitalize the down- military and civilian alike. It also pro- dubon Nature Center at Gillam Park in town urban park; $250,000 for the vides over $125 million to consolidate Little Rock, Arkansas; $350,000 to the Learning Collaborative to implement the FDA at White Oak, and ensures City of Douglas, Arizona for facilities the Web Portal Technology Develop- that 68 Taxpayer Assistance Centers, renovation of the Grand Theater; ment Initiative in Daviess County, IN; including 4 in Maryland, will remain $350,000 to Valley of the Sun YMCA in $150,000 to Hardin County, Kentucky open until after the inspector general Phoenix, Arizona for facilities con- for renovation of an historic state the- completes a report to determine the struction of a YMCA; $250,000 to the ater; $150,000 to Powell County Fiscal impact proposed closures would have

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13324 CONGRESSIONAL RECORD — SENATE November 18, 2005 on both employees and clients. I thank to date, ensuring a more accurate out- One of the most common forms of the managers of the bill for their hard come. abuse is what is commonly called ‘‘hos- work on these important issues. Projections based on data from HUD tage goods.’’ This abuse was described I also want to talk about the appro- confirm this view. Under the House for- by the Department of Transportation’s priation for the Department of Housing mula, some housing authorities will Inspector General at a hearing I held in and Urban Development, HUD. At the get millions of dollars of voucher funds the Commerce Committee to look at outset, I want to express my apprecia- beyond what they can legally use, this problem. Let me quote from his tion to Senator BOND for his commit- while others will not get enough to testimony: ment over many years to maintaining fund even vouchers that are currently . . . household goods moving fraud is a seri- strong and effective housing programs. in use. At a time of such tight re- ous problem, with thousand of victims who Senator MURRAY, who has not served as sources, this kind of planned waste is have fallen prey to these scams across the Ranking Member on the Subcommittee simply inexcusable. county. Typically, an unscrupulous operator dealing with HUD issues until this I want to emphasize that the Senate will offer a low-ball estimate and then refuse managers fought for the more sensible to deliver or release the household goods un- year, has proven to be a very valuable less the consumer pays an exorbitant sum, addition to this effort and has shown a Senate language. It is unfortunate that often several times the original estimate. In deep understanding of, and commit- the House, with the strong support of one case, for example, a New York husband ment to, these important programs. HUD, prevailed in this case. Earlier and wife in their seventies were quoted a The key problem that the Conferees this week, a senior official at HUD said price of $2,800 to move their household goods faced in putting together this report is in the New York Times. ‘‘Lack of Sec- to Florida. Once the movers had loaded that they were not given enough tion 8 Vouchers for Storm Evacuees about half of the goods, the foreman advised money to fund the housing programs at Highlights Rift Over Housing Pro- the couple that unless they paid the new price of $9,800 they would never see their a fully adequate level. For example, gram,’’ November 8, 2005, ‘‘The housing voucher program is something we be- property again. Fearing that the moving the HOME and CDBG program, both crew might physically hurt them, the couple very flexible programs, used to build lieve in. But we have to make sure the paid the vastly inflated fee. money’s well spent.’’ and rehabilitate housing, create new In such a case, trying to find an at- homeowners, and create new jobs, suf- I regret to say that HUD objected to the Senate provision which would have torney and then proceed to courts fer modest cuts in the report. while all your worldly possessions are Public Housing, the Nation’s basic produced a demonstrably more effec- tive and efficient allocation of section on a truck heading to Florida is not es- housing program for the poor, is inad- pecially practical. equately funded as to both its day-to- 8 funds. In the end, despite the efforts of the chairman and ranking member, This is not an isolated incident. day operations, and its long-term cap- Since 2001, consumers have filed over ital needs. The funding figures are very HUD and the House prevailed. This concerns me greatly. I certainly hope 10,000 official complaints with the De- close to last year’s appropriations—and partment of Transportation. Since 2000, I recognize that this was no easy task that HUD does not come back next year and use the wasteful results of the Inspector General has investigated for the conferees—but we need more to allegations of fraud associated with ap- maintain our basic investment in this this ineffective system for which they advocated, as a rationale to provide proximately 8,000 victims. fundamental program. HOPE VI is cut In the recently completed highway by nearly one-third, though I commend less funding for fiscal year 2007. Despite this significant disappoint- bill, Congress included provisions to the managers for getting this much, ment, I want to, again, indicate my try to tip the scale back a little bit to given the administration’s repeated ef- support for the overall package. the side of the consumer. The provi- forts to kill the program altogether. Mr. LOTT. Mr. President, we will sions that were included in the high- Finally, I want to express my deep hear plenty of self-congratulatory way bill conference report were almost disappointment that the conference re- statements on this floor today about identical to the provisions in the Sen- port adopts the funding formula for re- this conference report. And I am sure ate passed bill and to the provisions newal of section 8 vouchers put forward that there are probably many provi- that were included in the highway bill by the House instead of the far more ef- sions that in fact have merit. that passed the Senate in the last Con- fective formula adopted by the Senate I cannot let the Senate consider this gress. The basic point of these provi- in the bill we passed earlier this year. conference report, however, without sions was to allow State attorneys gen- Section 8 is the largest housing pro- highlighting some particularly egre- eral and State consumer protection of- gram funded the Federal Government, gious provisions which were literally ficials to intercede on behalf of con- serving over 2 million low-income peo- inserted at midnight. These specific sumers and enforce Federal law and ple. On the positive side, the con- provisions were not included in either regulations dealing with moving com- ference report we are considering today the House or Senate appropriations panies. does provide an increase in funds over bills, they were never discussed during The appropriations conference report last year that will help to restore at any of the meetings of the Conference we are considering today basically puts least some of the vouchers that were Committee, nor were they subject to these proconsumer provisions on a hold lost. hearings by either the authorizing for a year, and allows State officials to On the other hand, by adopting the committees with jurisdiction, nor by intervene in only the most limited of House formula voucher renewals, we appropriations committees. circumstances. are likely to see the loss of thousands I think we should call these provi- Finally, let me be clear. Most of the of valuable housing vouchers in fiscal sions the ‘‘Leave the Victims of Un- companies and individuals engaged in year 2006. For several years, voucher scrupulous Moving Companies Behind the moving industry are hard-working funding for each housing authority has Act.’’ and honest. It is a small minority of been allocated based on the prior year’s Consumers have fewer rights in try- companies that engages in unscrupu- cost and utilization of vouchers at each ing to seek recourse when they are vic- lous behavior and it is these companies housing authority around the country. tims of fraud or outright theft than that need to be reined in. The Senate would have used as a base when they deal with a dishonest inter- Unfortunately, this conference report for this calculation the most recent 12- state moving company. The consumer allows unscrupulous movers to con- month period. By contrast, the House has no ability to use State or local tinue to defraud consumers with little formula, which has been adopted by laws or consumer protection regula- practical recourse for our constituents this report, uses only a 3-month snap- tions. That is because Federal law pre- that have been mistreated. shot. As you might expect, the Senate empts State and local action in this Mr. PRYOR. Mr. President, I rise provision gives a much more accurate area. The only recourse a defrauded today to voice my disappointment and picture of both the housing authority’s consumer has is to try to enforce the frustration with provisions included in voucher utilization and costs by taking Federal regulations by going to Fed- this conference report that severely a broader picture of the data. In addi- eral or State court. This is expensive weaken critical consumer protection tion, the data that would be used under and in most cases extremely imprac- law for those that ship household goods the Senate provision would be more up tical. Let me explain. using commercial movers.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13325 As the ranking member of the Com- industry previously carried out by the of discussion—agreed upon these provi- merce Committee’s Consumer Affairs, Interstate Commerce Commission. sions. It is wrong that those who did Product Safety, and Insurance Sub- Until recently, FMCSA had a total of 3 not get what they wanted—were re- committee, as a former State attorney personnel assigned to handle all of the jected both in the Senate and in con- general, and as a leading member of consumer complaints for the entire Na- ference—can then hijack the consumer the Committee’s Surface Transpor- tion and could do little about them. I protection provisions that this Con- tation Subcommittee for motor carrier understand that FMCSA has received gress approved in July. issues, I must express my outrage that nearly 20,000 consumer complaints The passage of the SAFETEA–LU this conference report undermines the since January 2001. They have taken household goods language signaled consumer protections for victims of un- little action in this area because Congress’s willingness to stand up for scrupulous movers that were part of FMCSA contends that its limited re- the consumer and correct an injustice the transportation bill, known as sources must be focused on truck safe- that occurs far too often. It is sad that SAFETEA–LU, signed into law less ty, the agency’s primary mission. this conference report seeks to undo than 4 months ago. States, which want to get involved this achievement and make it signifi- These provisions were inserted de- and already oversee consumer protec- cantly more difficult for our citizens to spite commitments I received to the tions for the intrastate movement of get the recourse they deserve. contrary. We had an agreement that we household goods with little con- State attorneys general and State would not seek to modify the house- troversy, have been told by the courts consumer protection agencies are much hold goods consumer protection lan- that they have no jurisdiction in this more likely than the Federal Govern- guage within the Commerce Commit- area, since it involves interstate com- ment to doggedly pursue justice for tee’s jurisdiction beyond an amend- merce. The net result is that moving their citizens in these cases. A letter ment that was offered as part of the companies operating in interstate com- from the National Association of At- floor consideration of this appropria- merce face no regulation of their com- torneys General on January 21, 2004, tions bill in the Senate. mercial behavior, and therefore, con- proves this point, by indicating the as- Instead, over the objections of my- tinue to take advantage of consumers. sociation’s full support for State en- self, Senator INOUYE, Senator STEVENS, To address this glaring problem, forcement of Federal household goods Senator LOTT, and the leadership of the SAFETEA–LU created a partnership consumer protections. The letter, House Transportation and Infrastruc- with the states by allowing them to en- signed 48 State attorneys general, spe- ture Committee, this new language was force certain Federal consumer protec- cifically rejects complaints from the forced into the conference report in tions rules as determined by the Sec- moving industry against this new au- order to protect a few big moving com- retary of Transportation—a model that thority. panies from increased public account- works well in other areas. In conclusion, let me say that I ap- ability. It is so disheartening that only a few preciate the work of the other House Adding insult to injury, provisions months after these new authorities and Senate appropriations conferees that were specifically rejected during were put in place—before they could and my colleagues on the Senate Com- the conference on the transportation even take effect and be put to use to merce Committee for trying to keep bill this summer were included in addi- protect consumers—these provisions these provisions out of their bill. It is tion to language that goes well beyond have been reopened and basically gut- unfortunate that they ended up being those items and further undercuts the ted on behalf of a few big moving com- included, and I plan to work to see that work Congress did to aid consumers panies that want to keep operating they are overturned. who face fraud, extortion, and abuse at without real oversight. The PRESIDING OFFICER. The Sen- the hands of unregulated moving com- The household goods provisions ator from Alaska. panies. added to this conference report will: Mr. STEVENS. Mr. President, I ask As a former State attorney general, I limit a State attorneys general’s abil- that I be recognized for a few minutes know the public benefits from local ity to initiate an action to enforce Fed- and that the time not come out of the and State officials who are dedicated eral household goods consumer protec- time that is currently allotted on this to protecting consumers. Over the past tion law to only cases involving new bill. year, picking up on work begun by Sen- moving companies or those who egre- The PRESIDING OFFICER. Without ator MCCAIN, and working with Sen- giously violate Federal motor carrier objection, it is so ordered. ators LOTT, INOUYE, and STEVENS, I safety regulations. The effect of this THANKING THE SENATOR FROM WEST VIRGINIA have tried to find ways to assist the provision is to totally insulate most Mr. STEVENS. Mr. President, I re- many citizens from all across this movers, particularly larger and more- gret seriously that I was not here at country who have been victimized by established moving companies, from the beginning of the statement made moving companies and have nowhere to even the threat of action by a State, by the distinguished Senator from turn. regardless of how outrageous their vio- West Virginia, Senator BYRD. I was in The most outrageous situation is lation of Federal consumer protection an interview, as a matter of fact. My when a moving company holds all of a law may be. staff came to tell me the Senator was consumer’s possessions until they pay Further, the provisions will: apply speaking about the article I gave to thousands of dollars in excess of the these same enforcement limitations to him that my daughter Lily wrote. I original estimate for the move. This State authorities that already regulate have come to the floor to thank him practice, known as ‘‘hostage goods,’’ is intrastate movers and require that the for his courtesy and generosity in extortion, plain and simple. And it State consumer agencies enforcing speaking about that article. leaves consumers helpless in a strange Federal household goods consumer Lily is one of my six children, the city, with none of their possessions and laws bring their cases in Federal courts last of my children. As the Senator no recourse. only, where they would languish on av- from West Virginia indicated, she is in I say helpless because, although erage for 3 more years. What are con- law school at Boalt Hall. She wrote her there are some Federal laws to protect sumers supposed to do while every- thesis at Stanford about the history of consumers when shipping their goods thing they own is being held hostage this Capitol. I gave a copy of that the- in interstate commerce—protections by a mover during those 3 years? sis to the Librarian of Congress, James we enhanced with the passage of I believe these provisions go well be- Billington, and he passed it on to the SAFETEA–LU—the Department of yond anything the Commerce Com- National Capitol Historical Society. Transportation, DOT, is simply not mittee would ever have agreed to, had They determined they would print part suited to police the 1.5 million inter- we the opportunity to consider these of it in their current bulletin, which state moves that occur each year. directly. The only thing positive I can pleased me very much. In 1995, the predecessor of the Fed- say about them is that they are set to I shared that with the Senator from eral Motor Carrier Safety Administra- end after Fiscal Year 2006. West Virginia, as any proud father tion, FMCSA, assumed the regulatory This language is an affront to all au- would, particularly with the Senator duties of the household goods moving thorizing committees that—after years from West Virginia because of our

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13326 CONGRESSIONAL RECORD — SENATE November 18, 2005 great friendship and the time we have It was a pleasure, may I say to my that currently comprises something in been here together. He is the senior friend, to call to the attention of Sen- excess of $2.5 trillion a year. Senator on his side of the aisle, and I ators this beautiful article written by This is a very important exercise. am now the senior Senator on this side Senator STEVENS’ daughter Lily. She is This represents the first time, I be- of the aisle. I will forever be his junior a really precocious child. I have lieve, since 1997 when we have seen real in terms of not only age but service watched her from almost day one. I ad- and the admiration I have for him. mire her. She is a well-bred woman. and meaningful cuts in Federal spend- ing. The challenge, of course, is that I knew Senator BYRD would be inter- She is the flower of womanhood. She is ested in the way Lily described this seeking always to enlarge her mind and about a third of the money the Con- Capitol, its history, and its importance doing a great job of it. gress spends is discretionary spending. to this country. It is a beautiful arti- I am pleased the Senator feels that Half of that third is defense spending, cle, I think, and I am doubly proud of he rejoices that her article has been and the rest of it is homeland security her and extremely pleased that he mentioned by me. I want to assure him and other discretionary programs. But would take the time and do us both the that he is entitled to every plaudit I some of that you can tell by the mere honor of putting that article in the can bring to bear on this subject. I description is hardly discretionary be- RECORD. hope he conveys my love and my admi- cause it is important to our national I invite my friends and colleagues to ration to his daughter Lily. security. read that article. Lily had a different And may I say to the Senator, ‘‘Thou My point is that two-thirds of the art my guide, philosopher, and friend,’’ life than most of my other five chil- Federal budget is not, even under any dren. She literally grew up here from as the Pope once said. I mean every conception or definition, discretionary the time she was a very small baby, word of that. I treasure our friendship, spending. It is Medicaid, Medicare, and and came to the Senate quite often and I say to Senator STEVENS, and may his Social Security, and we simply have to sat on my shoulder when we were in beautiful daughter continue to do her come to grips with that so-called enti- conference meetings. work and complete her studies and go tlement or nondiscretionary spending Senator BYRD has always been very on to higher things. She is a fine gracious about coming to her birthday model, and many of us can learn from in order to draw the reins in on a Fed- parties which we held here during the 8 her efforts to improve herself. I will eral Government that continues to years I was the whip on this side of the certainly do that myself. I thank the grow day by day in its scope and size aisle. All of our family has such a great Senator. I thank him very much. and expense. admiration for the Senator and for his Mr. STEVENS. Mr. President, the I am here to say I think there are great history. Senator twice honors me. I do thank some cuts that make more sense than I think many people do not realize the Senator very much. Those of us others and some cuts make no sense that he is not only the most senior who have had the privilege of serving whatsoever. I consider child support Senator, but he is the only Senator here more than a short time develop money that goes to assist the States in who went through both the university relationships that I think the rest of collecting child support to fall into the body and perhaps the country don’t level and law school level while serving that last category—cuts that make no understand. Very clearly my commit- in the Congress. He has a prodigious sense whatsoever. Let me explain. memory. I think of times when, for in- ment in terms of friendship and devo- stance, we were at the U.S.-British tion to my friend from West Virginia is The House bill will cut $5 billion in Parliamentary Conference when I en- equal to his for me. I am very pleased Federal funds from the child support couraged the Senator to tell us some of and proud to have that relationship program over 5 years—$5 billion over 5 his memories of serving in the Capitol with him. years. It will cut $15.8 billion, almost when we were with our fellow legisla- I thank the Chair. $16 billion, over 10 years. This trans- tors from the Parliament of Britain. The PRESIDING OFFICER. The Sen- lates into a 40-percent reduction in We have great memories of that. ator from Texas. Federal spending for the child support I also have a memory of the time Mr. CORNYN. Mr. President, I ask program. My State of Texas would lose when we were in West Virginia when unanimous consent to speak as in $258 million over 5 years and $824 mil- one member of the Parliament made morning business. lion over 10 years. the mistake of saying that Americans The PRESIDING OFFICER. Without I ask unanimous consent that a chart didn’t know much about the history of objection, it is so ordered. prepared by the Center for Law and So- our mother country and those who Mr. CORNYN. Mr. President, I also have served Britain and their mon- ask unanimous consent that after I am cial Policy which lays out the proposed cut to Federal child support funding archy. Senator BYRD proceeded to tell recognized, Senator COBURN and Sen- us in detail about every single person ator DEWINE be recognized for up to 30 State by State be printed in the who ever served in that position, in- minutes each. RECORD. cluding the husbands and wives of the The PRESIDING OFFICER. Without There being no objection, the mate- monarchs of Britain. objection, it is so ordered. rial was ordered to be printed in the I have so many great memories of Mr. CORNYN. I thank the Chair. RECORD, as follows: service with Senator BYRD. I have al- f ready ordered a copy of the transcript TABLE 2.—PROPOSED CUTS TO FEDERAL CHILD SUPPORT and the tape of this presentation to CHILD SUPPORT ENFORCEMENT FUNDING send to Lily. I can think of no nicer Mr. CORNYN. Mr. President, I talk [$ millions] birthday present to me than that the about two subjects that are very near 10-Year Senator from West Virginia would 5-year Cut and dear to my heart. The first is the State 2006–2010 Cut, 2006– honor my daughter and the article she matter of child support enforcement. 2015 has written about the place we both My colleagues might wonder how does Alabama ¥187 ¥59 love, the Capitol of the United States. that issue arise. The fact is, last night, Arizona ¥188 ¥59 California ¥1,006 ¥3,211 I thank the Senator very much for the House of Representatives passed Connecticut ¥71 ¥228 his courtesy. their version of the Deficit Reduction Dist. Columbia ¥15 ¥49 Mr. BYRD. Mr. President, if the dis- Act of 2005. As each of us knows, the Georgia ¥105 ¥334 Idaho ¥19 ¥61 tinguished Senator will yield briefly— purpose of that Deficit Reduction Act Illinois ¥161 ¥514 and I am not going to keep my friend of 2005 is to actually bring down the Indiana ¥61 ¥194 Iowa ¥49 ¥157 from Texas waiting. He has been stand- Federal deficit by finding cuts in the Kansas ¥47 ¥151 ing and waiting to be recognized. Federal budget, the Federal budget Louisiana ¥55 ¥176

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13327 TABLE 2.—PROPOSED CUTS TO FEDERAL CHILD SUPPORT TABLE 3.—PROJECTED IMPACT ON CHILD SUPPORT So in addition to money that is a FUNDING—Continued COLLECTIONS—Continued good return on investment, $4.38 for [$ millions] [$ millions] every dollar, this money actually avoids additional expenditures of tax 10-Year 10-Year 5-year Cut State 5-year Cut Cut, State 2006–2010 Cut, 2006– 2006–2010 dollars by creating individuals who are 2015 2006–2015 qualified for other Government pro- Maine ¥22 ¥72 Illinois ¥256 ¥782 grams at a lot more expense to the Maryland ¥94 ¥299 Indiana ¥97 ¥295 Massachusetts ¥88 ¥282 Iowa ¥78 ¥239 Federal taxpayer. Michigan ¥249 ¥795 Kansas ¥75 ¥230 Minnesota ¥133 ¥425 Kentucky ¥85 ¥258 The problem with these cuts is that ¥ ¥ Mississippi ¥23 ¥72 Louisiana 88 268 they are likely to reverse dramatic im- ¥ ¥ Maine ¥36 ¥109 Missouri 82 261 ¥ ¥ ¥ ¥ Maryland 149 454 provements in the child support pro- Montana 12 40 Massachusetts ¥140 ¥428 Nebraska ¥42 ¥134 ¥ ¥ gram’s performance over the past dec- ¥ ¥ Michigan 397 1,210 Nevada 38 121 Minnesota ¥212 ¥647 ade, and they may well force many N. Hampshire ¥15 ¥48 Mississippi ¥36 ¥110 New Jersey ¥173 ¥554 Missouri ¥130 ¥397 families back on the welfare caseload. New Mexico ¥37 ¥119 Montana ¥20 ¥61 New York ¥303 ¥967 Nebraska ¥67 ¥204 This means former welfare families and North Carolina ¥106 ¥339 Nevada ¥60 ¥183 working families of modest income will North Dakota ¥11 ¥35 N. Hampshire ¥24 ¥74 Ohio ¥288 ¥918 New Jersey ¥276 ¥842 lose an important source of income Oklahoma ¥44 ¥139 New Mexico ¥59 ¥181 that now enables them to maintain fi- Oregon ¥49 ¥156 New York ¥482 ¥1,470 Pennsylvania ¥188 ¥602 North Carolina ¥169 ¥516 nancial self-sufficiency and thereby ¥ ¥ Rhode Island ¥11 ¥35 North Dakota 18 54 having to draw on Government re- ¥ ¥ Ohio ¥458 ¥1,396 South Carolina 33 105 ¥ ¥ South Dakota ¥8 ¥25 Oklahoma 69 211 sources through public assistance pro- Oregon ¥78 ¥237 Tennessee ¥75 ¥238 ¥ ¥ grams. ¥ ¥ Pennsylvania 300 915 Texas 258 824 Rhode Island ¥18 ¥54 Utah ¥34 ¥110 South Carolina ¥53 ¥160 The reason I feel so passionately Vermont ¥11 ¥36 South Dakota ¥12 ¥37 Virginia ¥80 ¥256 Tennessee ¥119 ¥363 about these particular cuts and the ef- Washington ¥130 ¥415 Texas ¥411 ¥1,253 fectiveness of the child support en- West Virginia ¥36 ¥114 Utah ¥55 ¥167 Wisconsin ¥96 ¥308 Vermont ¥18 ¥55 forcement program is that for 4 years Wyoming ¥10 ¥31 Virginia ¥128 ¥390 before I came to the Senate I served as Nationwide ¥$4,962 ¥$15,846 Washington ¥207 ¥631 West Virginia ¥57 ¥173 attorney general of Texas. It was my CLASP calculations based on preliminary estimates by the Congressional Wisconsin ¥153 ¥468 Budget Office of the total cut in federal child support funding under the Wyoming ¥15 ¥47 job, on behalf of approximately 1.2 mil- House Ways and Means Committee budget reconciliation chairman’s ‘‘mark,’’ Nationwide ¥$7,900 ¥$24,100 lion children, to see that they got the The total cut was distributed by state based on each state’s share of total child support administrative expenditures in 2004, as reported by the federal CLASP calculations based on preliminary estimates by the Congressional child support that they deserved, that Office of Child Support Enforcement Preliminary Report FY 2004, table 7. Budget Office of the projected effect of funding cuts on collections under they needed, and that they were legally the House Ways and Means Committee budget reconciliation chairman’s Mr. CORNYN. Mr. President, those ‘‘mark.’’ The total cut was distributed by state based on each state’s share entitled to. of total child support distributed collections in 2004, as reported by the fed- are the cuts, $5 billion over 5 years, $16 eral Office of Child Support Enforcement Preliminary Report FY 2004, table I am proud to say that my State 7. billion roughly over 10 years. ranks second in the Nation in terms of What is the impact of these cuts on Mr. CORNYN. Mr. President, in the total collections, collections of about child support collected? This will re- year 2004, the child support program $1.8 billion in fiscal year 2005, and an duce child support collections by $7.9 collected $ 21.9 billion, while the pro- increase of 83 percent of collections billion over 5 years and $24.1 billion gram costs were $5.3 billion. Let me since fiscal year 2000. over 10 years. make this clear for my colleagues. In That is right, for a $5 billion cut, it other words, for every $1 spent by the Now, that did not happen by acci- eliminates $7.9 billion in child support Federal taxpayer $4.38 in child support dent. The reason it did happen is be- collections. For a $16 billion cut, it was collected for the children who need cause of the great work being done by eliminates $24.1 billion in collections it. This is not the typical Federal pro- the men and women in the child sup- over 10 years. In my State of Texas gram. This is not money that once port enforcement division of the State these cuts will reduce child support spent we see no real benefit from. of Texas. It also happened because of collections by $411 million over 5 years Rather, this is one that for every dollar the money that is provided by the Fed- and $1.25 billion over 10 years. that is invested $4.38 in child support is eral Government to help fund this nec- At this point, I ask unanimous con- collected for the children who need it essary function. Due to the good work sent that a chart also prepared by the and who are legally entitled to it. of these hard working men and women Center for Law and Social Policy, The President’s 2006 budget cites the in the child support division, obliga- which states the projected impact on child support program as ‘‘one of the tions, that is court orders, establishing child support collections State by highest rated block formula grants of support have risen from 55 to 82 per- all reviewed programs Government- State, be printed in the RECORD. cent of the qualifying population, and wide.’’ This high rating is due to its There being no objection, the mate- the cost-effectiveness in Texas has strong mission, effective management, rial was ordered to be printed in the and demonstration of measurable gone from $4.96 to $6.81. RECORD, as follows: progress toward meeting annual and I mentioned the national average of long-term performance measures. $4.38 for every dollar spent. In Texas, TABLE 3.—PROJECTED IMPACT ON CHILD SUPPORT Even there, the numbers and these we now collect $6.81 for every dollar COLLECTIONS sort of accolades about this program do spent. [$ millions] not tell the whole story. The story is completed by the fact that many chil- If the financial benefits, if the cost- 5-year Cut 10-Year State Cut, dren who receive child support are effectiveness of this program, and if 2006–2010 2006–2015 thereby prevented from drawing down the avoidance of other costs to the Alabama ¥93 ¥285 other Government programs. For ex- Federal taxpayer were not enough, Alaska ¥31 ¥95 there are other intangible benefits to a Arizona ¥94 ¥286 ample, child support enforcement re- Arkansas ¥61 ¥185 duces reliance on Medicaid, temporary strong and effective child support en- California ¥1,601 ¥4,884 forcement program. I have seen with Colorado ¥104 ¥316 assistance to needy families, and other Connecticut ¥113 ¥346 social service programs. It is estimated my own eyes that too many families, Delaware ¥35 ¥108 Dist. Columbia ¥24 ¥74 that more than 1 million Americans when they divorce, reach a tacit agree- Florida ¥366 ¥1,115 were lifted out of poverty through ment with regard to their children. Georgia ¥166 ¥508 Hawaii ¥15 ¥45 child support programs in the year 2002 Moms who frequently are the ones who Idaho ¥30 ¥92 alone. have custody of the children sometimes

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13328 CONGRESSIONAL RECORD — SENATE November 18, 2005 reach a tacit agreement with their ex- 357 to 66 in the House. As I said, the high-profile witnesses from Janet spouse, typically the father, that if PATRIOT Act enhanced law enforce- Reno, the former Attorney General of they do not exercise their visitation ment and intelligence agencies’ ability the United States, to former Attorney rights that the mother will not press to gather and analyze intelligence in- General John Ashcroft, who served dur- the father for the financial support to formation and to use the most modern ing the first term of the Bush adminis- which their children are legally enti- communications technologies, such as tration, and FBI Director Mueller. Wit- tled. e-mail, cellular telephones, and the ness after witness testified that that What happens is that these children Internet, and it strengthened criminal wall between criminal investigators become two-time losers. Not only are laws and penalties against terrorists. and our intelligence-gathering commu- they denied the financial benefits that As always, we must be concerned nication prevented the sharing of infor- the law says they are entitled to, they with the right balance between the mation that has been absolutely crit- are denied contact with both parents need to protect innocent American ical in protecting innocent American that every child needs in order to have lives and the need to preserve our civil lives and preventing future terrorist the best chance of success. liberties. Despite the dire predictions attacks. Indeed, one of the intangible benefits of some groups, the PATRIOT Act has It is that same wall that will be res- of an effective child support program is not eroded any of our rights that we urrected on December 31, 2005, unless not just the money collected, it is not hold near and dear as Americans. To the U.S. Congress acts. It is absolutely just lifting children who would other- the contrary, the PATRIOT Act has en- critical that we look at this with cold- eyed clarity and not be swayed by wise be in poverty out of poverty, it is abled the Justice Department, the FBI, scare tactics or emotional appeals. not just avoiding the additional ex- and the CIA and other Federal, State, penses of Government programs that I am astonished, when I look at the and local law enforcement agencies to reality of how the PATRIOT Act has would otherwise be invoked if that sup- cooperate and to share information and port was not there, it is literally the made our Nation safer, that there are thereby save American lives and pro- those who would use scare tactics to benefit of having a mother and a father tect what is perhaps the most impor- both engaged, involved, and committed try to convince them that America’s tant civil liberty of all, and that is civil liberties are somehow imperiled. to the welfare of their children. freedom from future terrorist attacks. In fact, the American Civil Liberties I can think of no more important I serve on the Judiciary Committee, purpose that our efforts could serve Union, time and time again, through and we have held 25 oversight hearings fundraising appeals and elsewhere, has than to reunite mothers, fathers, and to date within the Judiciary Com- children in a collective effort to im- misrepresented the PATRIOT Act in a mittee to ensure that we have both the way that I believe has frightened the prove the status of our children and tools we need and that we struck the their prospects for a bright future. American people. They happen to use it right balance between civil liberties to raise money in their direct mail So I hope in the conference on the and our need to be secure. As all of our Deficit Reduction Act of 2005 our col- campaign, but it has had the disservice colleagues know, several sections of of breaking American resolve and con- leagues in the House will reconsider, the PATRIOT Act are set to expire, and I hope our colleagues in the Senate fusing the American people about ex- sections 203 and 218, on December 31, actly what is at stake and what the will persuade them that of all the cuts 2005. These are the very provisions that they might have chosen these were the benefits of the PATRIOT Act are. have been instrumental in bringing Perhaps the most telling manifesta- least deserving and that the money down this wall that has previously sep- tion of the effectiveness of their scare should be reinstated. I am confident arated different agencies of the Federal tactics and their misinformation cam- throughout the $2.5 trillion Federal Government in getting information paign is that approximately 300 dif- budget that there are other programs, that is needed in order to save Amer- ferent municipalities across America other waste, other fat, other ineffective ican lives and to stop terrorist attacks. have passed resolutions calling for the programs that could be more effec- I would just read briefly from recent repeal of the PATRIOT Act. I think we tively cut and with far less damage to testimony before the Senate Judiciary have to mark that off to a lack of good the most vulnerable among us. Committee by Peter Fitzgerald, the information, or perhaps the gullibility PATRIOT ACT U.S. attorney for the Northern District on the part of some of these city coun- Finally, just for a couple of minutes, of Illinois, who has recently been in the cils and others. Because, as the Senate maybe 5, I want to speak about another news. He has recounted from personal Judiciary Committee has found out, subject, and that is the USA PATRIOT experience how this wall between law when you ask the American Civil Lib- Act. It has been more than 4 years enforcement and intelligence personnel erties Union to detail a single violation since our country was hit on Sep- have operated in practice. He said: of American civil liberties as a result tember 11 by terrorists who care noth- I was on a prosecution team in New York of the passage and implementation of ing for our way of life and nothing for that began a criminal investigation of the PATRIOT Act, they have been able the laws of war. They have attacked, Usama Bin Laden in early 1996. The team— to come up with none, zero, zilch, nada. because they could, innocent civilians prosecutors and FBI agents assigned to the Senator DIANNE FEINSTEIN, with in their jihad against those who have criminal case—had access to a number of whom I am honored to serve on the different ways of life and different sources. We could talk to citizens. We could Senate Judiciary Committee, who al- talk to local police officers. We could talk to views. ways does a very diligent job on behalf We know the PATRIOT Act has been other U.S. Government agencies. We could talk to foreign police officers. Even foreign of her constituents and on behalf of the largely responsible for making Amer- intelligence personnel. And foreign citizens. Senate, asked the ACLU to search the ica safer by bringing down the wall And we did all those things as often as we records and come up with a single in- that prevented the sharing of informa- could. We could even talk to al Qaeda mem- stance that they believe demonstrated tion between law enforcement and in- bers—and we did. We actually called several or proved that the PATRIOT Act im- telligence agencies, by making avail- members and associates of al Qaeda to tes- periled the civil liberties of the Amer- able to our FBI and other intelligence- tify before a grand jury in New York. And we ican people, and they did not come up gathering bodies the same sort of tech- even debriefed al Qaeda members overseas with a single example. niques that are currently used against who agreed to become cooperating witnesses. I hope, as we continue to work on a But there was one group of people we were organized crime members and other not permitted to talk to. Who? The FBI conference report to reauthorize the criminals. Simply, what this body did agents across the street from us in lower PATRIOT Act, that the Members of the in the PATRIOT Act was make sure Manhattan assigned to a parallel intel- Senate will do our jobs with a clarity that we used every legal and reason- ligence investigation of Usama Bin Laden of mind based upon evidence and not able means to root out terrorism, to in- and al Qaeda. We could not learn what infor- yield to the scare tactics by those who vestigate it, and to stop it before it mation they had gathered. That was ‘‘the want to create a disinformation cam- killed other innocent Americans. wall.’’ paign and perhaps confuse the Amer- The PATRIOT Act was passed shortly Well, people who remember the hear- ican people about the importance of after September 11 by a strong bipar- ings before the 9/11 Commission will re- the PATRIOT Act. It is absolutely crit- tisan vote of 98 to 1 in the Senate and member that there were a number of ical that we reauthorize this act, that

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13329 we not allow that wall to be resur- ting others first and selflessly giving of At the services held in Harry’s honor rected because the truth is, we owe it himself for his fellow man. According after his death, friends and family re- to the American people and we owe it to Medical Platoon Sergeant Randolph called Harry’s heroism and generosity, to those whose lives will literally be L. Nutt: saying that the cause of his death re- lost unless we do our job and reauthor- [Private First Class Meyer] fully knew flected how he had lived. According to ize the PATRIOT Act before provisions what the dangers were and willingly accept- his mom, ‘‘Harry had always wanted to of that act expire on December 31, 2005. ed them as a risk to save others’ lives. He help people. He didn’t think about his Mr. President, I yield the floor. made the ultimate sacrifice so that others own welfare. He’d give you anything he may live. Six other soldiers are still alive di- f had.’’ rectly due to his actions. I recently came across a touching re- MILITARY CONSTRUCTION AND Indeed, Mr. President, Harrison minder of Harry’s lasting impact on VETERANS AFFAIRS, AND RE- Meyer—Harry to his friends and fam- others. It is a posting on an Internet LATED AGENCIES APPROPRIA- ily—embodied the true American spirit tribute for service members who have TIONS ACT, 2006 that President Reagan described. been killed in either Operation Iraqi The PRESIDING OFFICER (Mr. Harry grew up in Worthington and at- Freedom or Operation Enduring Free- DEMINT). Under the previous order, tended Thomas Worthington High School. He dom. A friend of Harry’s—Pamela the Senate having received a con- graduated in 2003. While in high school, Moorehead from Worthington—posted ference report on H.R. 2528, that report Harry belonged to the track team for 3 the following email message: is considered agreed to and the motion years. He competed as a pole-vaulter. Andy Cox, a U.S. history teacher and track coach Harry, I was thinking about you today. I’m to reconsider that act is laid on the at Thomas Worthington, remembers Harry not sure what made me think of you. I think table. as a ‘‘teddy bear who made everybody laugh. I was just reminded by something someone Mr. ROBERTS. Mr. President, at this He was a real team player—always wanting said. It’s September 26, 2005, so in one month time, under the regular order and a to help people.’’ Coach Cox went on to say you will have been gone for a year. Everyone unanimous consent request, the distin- that ‘‘Harry was the kid who was trying to still misses you. The memories from pole vaulting with you and hanging out with you guished Senator from Ohio was to be make all the other kids relax, feel good about competing.’’ and Brandon make me both happy and sad. recognized. He has acquiesced in my To your family—Harry is one of my heroes, behalf that I may be recognized for 15 Harry often brought homemade and we all still think about him. We miss minutes. I ask unanimous consent that treats to the track meets for the entire him and continue to keep him and all of you I may speak as in morning business for team. Coach Cox emphasized the popu- in our thoughts and prayers. 15 minutes, to be followed by the Sen- larity of his cheesecake. As he affec- Harrison Meyer was a kind soul, with ator from Ohio, and that the Senator tionately recalls, ‘‘[Harry] was a great a warmth that touched many people. from Colorado will be recognized after cook!’’ My wife Fran and I keep Harry’s fam- the Senator from Ohio. Hary did not join the track team dur- ily—his parents Deborah and William; The PRESIDING OFFICER. Without ing his senior year because he wanted and his three sisters—Lynn, Bronwyn, objection, it is so ordered. to focus his attention on his upcoming and Kelley, in our prayers. (The remarks of Mr. ROBERTS per- military career. Still, however, he at- I would like to conclude my remarks taining to the introduction of S. Res. tended all of the school’s track meets, with an excerpt from a poem titled 329 are located in today’s RECORD under and, according to Coach Cox ‘‘he’d al- ‘‘American Hero, written by Harry’s ‘‘Statements on Introduced Bills and ways bring something homemade for cousin Jordan Michael Meyer. The Joint Resolutions.’’) the team.’’ poem is in remembrance of Harry: The PRESIDING OFFICER. The Sen- Harry was also a member of the He is out there on the front lines. ator from Ohio is recognized. school’s choir, and for four summers, He knows the risk. Mr. DEWINE. I thank the Chair. Harry worked at the Worthington mu- He knows the sacrifice. (The remarks of Mr. DEWINE per- nicipal pool doing various jobs, includ- He is going to put it all on the line and role taining to the submission of S. Res. 321 ing serving as a lifeguard. the dice. The man is fighting for a better life. are located in today’s RECORD under According to his mother, Harry was ‘‘Submission of Concurrent and Senate deeply affected by the September 11th The American soldier found his home after this brutal fight. Resolutions.’’) terrorist attacks. He enlisted in the Army’s pre-graduation program, and Now looking down upon us he sets flight. f Always keeping us in sight. shortly after his high school gradua- He won’t stop protecting us, day and night. HONORING OUR ARMED FORCES tion, he was inducted. He was stationed He is an American soldier, brought up on ARMY PRIVATE FIRST CLASS HARRISON J. in Korea and assigned to Headquarters love, alone, feeling so far from home. MEYER and Headquarters Company, 1st Bat- He hides his fear, doing anything to protect Mr. DeWINE. Mr. President, I rise talion, 503rd Infantry Regiment, 2nd those who are dear, knowing death is this evening on the floor of the U.S. Infantry Division, Camp Howze, before near. Senate to pay tribute to a brave, young leaving in August 2004, for Iraq. His He is a young man taking upon the sacrifice Ohioan, who lost his life while serving mom said that Harry’s selflessness was of a nation he holds dear. in Operation Iraqi Freedom. Army Pri- one of the reasons he decided to be- Harrison Meyer held his Nation dear, vate First Class Harrison J. Meyer, a come a medic after joining the Army. and we hold dear his memory. We will combat medic from Worthington, OH, In fact, according to Chris Begin, a never forget him. was killed on November 26, 2004, while good friend of Harry’s, Harry wanted to MARINE CORPORAL NATHAN R. ANDERSON attempting to rescue a wounded com- go on to medical school after returning Mr. DeWINE. Mr. President, while de- rade during a firefight. Born on Vet- from Iraq. ployed in Iraq, Marine Corporal Nathan erans Day—November 11, 1984—he was While in Iraq, Harry and his com- ‘‘Nate’’ Anderson made sure to write barely 20 years old at the time of his rades faced danger daily. Harry’s mom his family back home in Howard, OH, death. recalls that before he was killed, Harry as often as he could. After witnessing When I think about the sacrifices of had treated a dozen seriously wounded the death of a good friend, Nate wrote our men and women in uniform, I am soldiers. She said that ‘‘he knew (insur- that ‘‘the service of freedom demands reminded of something President Ron- gents) were targeting medics. He indi- sacrifice.’’ He tried to calm his fam- ald Reagan said about the strength of cated it was a very dangerous place. ily’s fears as he continued, ‘‘No wor- the American people. He said this: ‘‘But, he always told me—‘Don’t worry, ries. I will be fine wherever I end up. I Putting people first has always been Amer- Mom.’ ’’ have the Lord on my side and guardian ica’s secret weapon. It’s the way we’ve kept The dangers became too grave on No- angels on both shoulders. I am good to the spirit of our revolutions alive—a spirit vember 26, 2004 near Ar Ramadi. Harry go.’’ that drives us to dream and dare, and take was killed the day after Thanksgiving, I rise today on the floor of the United risks for the greater good. while trying to pull a wounded com- States Senate to pay tribute to this Harrison Meyer was always taking rade to safety during an insurgent at- brave Marine. With the Lord on his risks for the greater good—always put- tack on his unit. side, Nate left this Earth on November

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13330 CONGRESSIONAL RECORD — SENATE November 18, 2005 12, 2004, as he was killed while fighting of all our friends. He was the one who against Saddam Hussein and was will- insurgents in Al Anbar province in tried to keep us all together after grad- ing to do whatever it took to remove Iraq. He was 22 years-old. uation. He was an amazing person. We him from power. Nate gave his life the day after Vet- all loved him, and will miss him very I can accept criticism leveled at our erans Day, just over a year ago now. It much.’’ intelligence agencies for providing in- is fitting in a sense, given his deep de- Nate’s sisters remember him with accurate intelligence. I can accept crit- votion to protection our Nation. When great love, affection, and respect. His icism lodged against the Department of I think about Nate and the dedication sister Traci describes her brother as Defense for not sufficiently preparing of all our men and women in uniform, ‘‘soaring on wings like eagles. I salute for an Iraqi insurgency. I am reminded of something President you, my brother. I salute the way you I can even accept criticism that the Ronald Reagan once said about free- lived. I salute your sacrifice. I will al- Bush administration did not appro- dom. He said that ‘‘the task that has ways be in your debt.’’ priately prepare the American people fallen to us as Americans is . . . to Nate’s sister Meg said that he was for the cost of the war in Iraq. keep alive the hope and dream of free- her best friend. She last spoke to him What I cannot accept, what I feel is dom.’’ on the phone 2 weeks before his death, so irresponsible, and what is so dam- Nate Anderson accepted this task when he told her that they would be on aging to our nation are accusations wholeheartedly. He believed in free- a special mission. Meg said that Nate that suggest that President Bush delib- dom. And he believed that he had a told here ‘‘it’d be two weeks and not to erately lied to the American people mission to protect it and promote it worry. He said he loves me. He said about either the intelligence or about around the world. he’ll be home soon.’’ his reasons for going to war. Nathan Anderson was born in Zanes- At Nate’s funeral service, held at I was a member of the Senate Armed ville, OH on May 22, 1982. Growing up in North Bend Church of the Brethren, 400 Services Committee when the Presi- Apple Valley, Nate enjoyed hunting, mourners gathered to say goodbye. As dent requested Congressional author- fishing, snowboarding, and bull riding. the Reverend Patrick Bailey said, ization for the use of force against Iraq Older sister, Meg, remembers her ‘‘They had come to honor a great son, in 2002. I participated in numerous brother as a ‘‘happy and good spirited’’ an awesome brother, a great friend, a open and classified, bipartisan hearings kid who liked swimming, making mud fellow [marine] and hero.’’ and briefings on our intelligence re- pies, and riding roller coasters at Cedar Nate was all of those things and garding Iraq’s weapons of mass de- Point amusement park. She said that more. He loved his family. He loved his struction. The conclusions that I Nate was ‘‘the life of the party.’’ He country. He fought for freedom. And, reached, that President Bush reached, had a real zest for life. He loved coun- we will never forget him. His parents, and that many Democrats reached, try music, rodeos, and the military. Mary and Neil Shaw and Richard An- were the same. Even at the young age of 10, Nate derson; sisters Meg, Traci, and Kelly; We all agreed that Saddam Hussein dreamed of someday becoming a Ma- and his brother Adam all remain in our had weapons of mass destruction. We rine. thoughts and in our prayers. all agreed that he had used such weap- Nate attended East Knox High I would like to conclude my remarks ons in the past against Iran and Iraq’s School, where he was both a dedicated by reciting an e-mail message that was Kurdish populations. And, we all student and gifted athlete. Karen posted on an Internet tribute to Nate. agreed that he would not hesitate to Smith, a guidance counselor and teach- Someone who just signed her e-mail as use them against the United States in er, described him as ‘‘a very likable, ‘‘Amy of Ohio’’ wrote the following: the future. well-rounded young man’’ who had a Thank you Nate for your sacrifice—for pro- The U.S. Congress and President lot of friends. Nate’s football coach, tecting me and my children and for being our Bush were not alone in this assess- Chet Looney, said that Nate’s ‘‘con- hero. We hope and pray that your reward will ment. The intelligence agencies of tribution to the team was outstanding. be great in Heaven. To Nate’s family— we Britain, Germany, Russia, China, and pray for you and will never forget your son’s He was one of those guys you need be- courage or the price he paid for our great even France all believed Saddam Hus- cause he was a great team player. He country. May you find peace in God’s love sein had weapons of mass destruction. was kind of fiery at times and then and know your son will always be with you, The entire international community other times he was a jokester.’’ Kathy and you will one day be reunited. I hope and watched as Saddam used these weapons Frere, an English teacher at East Knox pray that all Americans are grateful of our to murder thousands of his own people. High, fondly remembers Nate. ‘‘He was men and women, sons, daughters, moms, Even the Chief United Nations weapons just a special student,’’ she said. ‘‘He dads, brothers, sisters, husbands, wives, and inspector, Han Blix, thought the chem- was so enduring. To know him is to grandchildren who are fighting for our free- ical weapons he discovered prior to the dom while we enjoy our lives in the comfort love him—it’s an old saying, but it’s of our own homes. Nate, you will never be war in Iraq were the ‘‘tip of a sub- true.’’ forgotten and will be our hero forever and al- merged iceberg’’. Following his high school graduation ways. God bless you and your family and God The fact is that the debate in Con- in June 2001, Nate’s dream of joining bless America. gress over whether to authorize the use the Marines became a reality. He was The PRESIDING OFFICER (Mr. VIT- of force was never about Iraq’s weapons assigned to the 1st Battalion, 8th Ma- TER). The Senator from Colorado is of mass destruction. Everyone thought rine Regiment, 2nd Marine Division, recognized. Saddam Hussein had them. In fact, 2nd Marine Expeditionary Force, based Mr. ALLARD. Mr. President, I ask even those who voted against the use of in Camp Lejeune, NC. In 3 short years, unanimous consent to speak in morn- force in Congress never questioned the Nate’s service took him to over ten ing business. veracity of our intelligence informa- countries, including his final deploy- The PRESIDING OFFICER. Without tion. ment in 2004 to Iraq in 2004. objection, it is so ordered. That is not because the Bush admin- Nate’s family recalled the pride that Mr. ALLARD. Mr. President, I rise to istration manipulated the intelligence Nate displayed as a result of serving discuss the situation in Iraq. that was presented to Congress, as his country and his desire to be the Critics of the Bush administration some have alleged. Indeed, a number of best Marine and the best son, brother, have recently gone out of their way to independent commissions since the war and friend he could be. try to convince the American people began have investigated this issue and April Buckingham, Nate’s close that the President misled our nation found the Bush administration did not friend and former high school class- about Iraq. Some are arguing most vo- distort intelligence information. The mate, described his outgoing and com- ciferously that President Bush pur- best known investigation was the bi- passionate personality as always up- posely withheld intelligence informa- partisan Senate Select Committee on lifting others. She recalls gathering tion from Congress. Others accuse the Intelligence, which stated unequivo- around the campfires that Nate often President of deliberately fashioning cally in its report that, ‘‘the Com- built, with the help of friends, in his U.S. intelligence to fit his own agenda. mittee did not find any evidence that parent’s backyard. She said that ‘‘Nate A few even suggest that the President Administration officials attempted to was an honest guy—the heart and soul had some kind of personal vendetta coerce, influence or pressure analysts

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13331 to change their judgments related to An agenda of disunity and surrender 1999. In fact, during 3 years in that pe- Iraqi weapons of mass destruction ca- will never lead to victory. We need to riod, it decreased in nominal terms by pabilities.’’ unite behind our Commander-in-Chief almost $50 billion. Therefore, if we agree that the Presi- if we are to defeat this enemy. It is my Actual dollars, or nominal dollars, dent did not lie about our intelligence hope that the President’s critics will went down in the defense budget over 3 on Iraq’s WMD programs, then the crit- see this imperative and finally do what years during that period by $50 billion, ics can only argue that the President is best for our Nation. and in every year during that period Bush’s rationale for going to war at the Mr. President, I yield the floor. military spending decreased in real time of the Congressional debate was The PRESIDING OFFICER. The Sen- terms. somehow flawed and unjustifiable. Here ator from Missouri is recognized. The reason was, some people thought I would again disagree. Mr. TALENT. I ask unanimous con- with the fall of the Soviet Union we During the debate, I joined with a sent to speak as in morning business. would need the military less. That was large majority of the Members of Con- The PRESIDING OFFICER. Without true for the nuclear arsenal, but not gress on both sides of the aisle who objection, it is so ordered. true for the people in the military. It voted to authorize force. We did so be- f turned out we needed conventional cause of two important facts—the same forces actually more than we needed DEFENSE BUDGET two facts offered by the President. them before the fall of the Soviet First, Saddam Hussein was in breach Mr. TALENT. Mr. President, I de- Union because deployments went up. of more than a dozen United Nations cided to come to the Senate for a few We found, in the post-Cold War era, Security Council resolutions. He con- minutes this evening to speak to the that regional conflicts around the tinued to refuse to cooperate with U.N. Senate because of growing concern world, the ethnic and religious and re- weapons inspectors even after a decade over the defense budget and, in par- gional conflicts that had been sup- of sanctions. He rejected proposal after ticular, the growing likelihood that we pressed by the bipolar nature of world proposal to conduct fair and trans- are going to see cuts in the defense competition, rose to the surface. parent inspections. budget so that next year’s budget is I remember reading what former CIA When he finally allowed inspections, lower than what the President had pro- Director Gates said about it. He said: Saddam did everything he could to un- posed for fiscal year 2007. History had not ended with the fall of dermine, cajole, and otherwise manipu- I am moved especially by a recent the Soviet Union. It had just been fro- late the inspections process. He gave ‘‘Inside Defense’’ column which reports zen before that. And he said: ‘‘Now it is every appearance of hiding large stock- that because of pressure from the Of- thawing out with a vengeance.’’ piles of weapons of mass destruction. fice of Management and Budget, the Well, when you spend less and less Second, a large bipartisan majority Deputy Secretary of Defense may well overall, at least as against inflation, of Members of Congress, including require that the service chiefs take $7.5 and you have to spend more and more nearly 30 Senate Democrats and 81 billion out of next year’s budget and on operations and maintenance, on House Democrats, voted to authorize $32 billion in cuts over the next 5 readiness, because you are actually the use of force against Iraq because, years—this at the end of the budget using the troops more and more, some- after September 11, it was clear that cycle, not as a result of an assessment thing has to give. You cannot take America could no longer afford to of military need or necessity. As I will more and more of a percentage for op- allow imminent threats to our nation show in a minute, one could hardly in erations and maintenance out of a go unhindered and unopposed. In most any dispassionate view of our military budget which is less and less, at least minds, Iraq represented a highly dan- needs believe we could absorb $7.5 bil- as adjusted against inflation, without gerous nexus between terrorism and lion in cuts next year because of proce- something giving. And what gave was weapons of mass destruction. In the dure that is budget driven. When I see procurement. context of Saddam’s decade-long defi- that, it reminds me of other things I We took basically a decade-long ance, it was a nexus that Members of have been hearing lately. I felt it was ‘‘procurement holiday.’’ By the last both sides of the aisle in both the Sen- deja vu all over again, as Yogi Berra few years of the 1990s most people real- ate and the House was no longer will- might have said. ized what was happening and we were ing to ignore. I remember the days in the 1990s able to push more money back into the When critics try to cover up their when military needs were determined defense budget, but it was not enough vote in support of the use of force by the budget rather than the budget to make up for what had happened be- against Iraq, they damage the credi- being determined by military needs. fore. bility of our government overseas and When the Berlin Wall fell and the Cold From 1975 through 1990, we pur- send a disheartening message to our War ended, our country was justifiably chased, on average every year, 78 scout soldiers, sailors, airmen, and marines pleased. We believed there was a peace and attack helicopters. From 1991 who are bravely defending freedom in dividend available. The Clinton Admin- through the year 2000, we purchased 7 Iraq and Afghanistan. istration took a lot of money out of the per year on average. For battle force When they falsely accuse the Presi- defense budget. I will go into that in a ships from 1975 through 1990, it was 19 dent of misleading the American peo- minute. They took too much out of the a year; 7 a year from 1991 to the year ple, they encourage the enemy who be- defense budget, and left a force that by 2000. For fighter aircraft for the Navy, lieves America will throw in the towel the end of the 1990s was hollowing out. we purchased 111 per year from 1975 and give up when the fighting gets Our military was not as prepared as it through 1990. We purchased 42 per year tough. should have been. We have been doing on average in the decade of the 1990s. I It is time for the President’s critics the best we can in the last few years to could go on and on. in Congress to remember why they reconstitute that force, but now we For tankers, we purchased 5 per year voted to authorize force against Iraq in may be headed in the wrong direction. on average during the 15-year period 2002. It is time for them to acknowl- I emphasize, this pressure is not from from the mid-1970s to 1990. In the mid edge the progress our soldiers are mak- within the Department of Defense. It is 1990s, we purchased one per year. For ing now in Iraq and Afghanistan. It is not what the Department wants to do. tanks, artillery, and other armored ve- time for them to recognize the success It is what the Department may be hicles listen to this, the basic plat- we have had against global networks of forced into as a matter of false econ- forms the Army uses; tanks, artillery terror. omy. There is no economy more false and other armored vehicles—we pur- And most of all, it is time for these than depriving our military and our chased 2,083 on average every year from critics to lay aside their own political men and women of what they need to 1975 to 1990. But we purchased 145 on ambitions and do what is right for defend us. average every year from 1991 through America. It is time for them join our Let me go over a little bit more of a the year 2000. Commander-in-Chief in the fight history lesson in some depth. Defense What happened is what you would against those who wish to destroy our spending actually decreased in real have expected. The average age of the Nation. terms every year from 1990 through force and the equipment in the force

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13332 CONGRESSIONAL RECORD — SENATE November 18, 2005 grew. Look at legacy aircraft, the A–10, reset or reconstitute the basic equip- marines, all concentrated in the West- the ‘‘Warthog,’’ 24 year old; the B–52 ment in the force. ern Pacific. They are closing the tech- bomber, 44 years old; the C–130 trans- In addition, personnel costs have nology gap and working steadily to de- port, 33 years old; the KC–135 tanker, 43 been higher than we anticipated be- velop an area denial capability which years old. The procurement holiday cause we wanted to do right by the is aimed directly at American left us with equipment that was too men and women in America’s military. strength. old. We voted for pay raises. And we should I am not saying they are going to use Well, what happened? Beginning at have. We have increased housing allot- it. I do believe strongly that the more the end of the 1990s, Congress and the ments. We have met the obligations we they believe we are going to be pre- President at the end of the Clinton ad- promised our retirees regarding health pared and ready, the more likely they ministration, and especially with the care. Those were good things. I sup- will be to seek peaceful redress of beginning of the Bush administration— ported them. But adjusted for infla- whatever concerns they may have, the began to respond. The Chiefs com- tion, personnel costs have increased more likely it is we are going to be plained to the point where people who from 1999 to 2006 from $92 billion to $109 able to avoid developing a didn’t get it earlier finally saw what billion annually. That alone would eat confrontational relationship with we were talking about. The decision up any of the real increases we had them. was made to increase spending enough planned and have been able to give the For all these reasons, we have not to sustain the volunteer force, to re- military in the last 5 years. completed the task of redressing pro- capitalize the basic equipment that we In addition, we are facing a threat, at curement shortfalls from the 1990s. We had not bought in the 1990s, and to least sooner, and certainly more seri- need 160 aircraft per year to keep the begin designing and producing the new ously—or a potential threat—than we average age in the inventory stable. In- generation of systems that the men thought we would have to face; and stead, we are purchasing 80 aircraft. and women in our military would use that is, the rising military power of The current plan is to purchase less for decades to come. China. China is engaged in a com- than one-half the number of new F/A– The plan was to increase defense prehensive effort to profoundly im- 22s the Air Force says it needs. This is spending by a modest amount above in- prove its ability to project naval power the superior air-to-air fighter. The flation, beginning around the year 2001, and to develop a comprehensive anti- Navy is at 283 ships, and that number is so that these needs could be met. There access capability in order to prevent going down. We purchased an average were many of us who were concerned the American military from having ac- of 5.6 ships per year over the past 10 that was not enough money. The De- cess into the western Pacific. years. You assume a 30-year service partment of Defense has traditionally I am not saying that China is going life. At that rate, it is eventually going been rather optimistic in its esti- to become, or need become, an enemy to give us a fleet of 170 ships. mation of costs. The CBO traditionally of the United States. I am saying that The last time the Department of De- has claimed we needed between $20 bil- China is rising as a world power. It is fense estimated the number of ships we lion and $30 billion more than even was very deliberately, according to plan, needed to be secure, it was 375. I expect estimated at that time. But at least we increasing in particular its naval that a reasonable Quadrennial Defense had a plan. It was a beginning. It was strength. If we are to deter some kind Review, looking at this, will produce a based on an actual if perhaps opti- of aggression or conflict, we need to be number no lower than 300. We are not mistic estimate of need. strong—not provocative, but we need purchasing ships at anywhere near the Unfortunately, the plan has not been to be strong in response. We did not an- rate we have to in order to sustain the as effective as we hoped in achieving ticipate, 5 or 6 years ago, that they Navy at that level. At that rate, our its goals, and particularly in recapital- would grow so strong so quickly. submarine force will drop below 40 in izing the force. There are a lot of rea- Their most significant advances are the next decade. Every recent study sons for that. One is that op tempo, in submarines. China will take delivery identifies the need for 55 to 76 sub- operational tempo, has been even high- of 11 submarines in 2005. We are going marines at a minimum. We need to get er than we expected after what we ex- to buy one. Its fleet includes an in- the shipbuilding budget up, and esti- perienced in the 1990s. It is what the creasing number of the following ves- mates range from $14 billion to $18 bil- military calls ‘‘mission creep,’’ a sig- sels: the Type 93 nuclear-powered at- lion a year to maintain a Navy at ap- nificantly expanded number and vari- tack submarine; Type 94 nuclear-pow- proximately 300 ships. We are not there ety of missions that drive up defense ered ballistic missile submarine, which yet. costs because they stress the force. Op- carries an ICBM with a range of more Now, additional reductions are being erations and maintenance costs go up, than 5,000 miles; and Russian-built proposed. Those reductions, if imple- readiness costs go up. Just staying in ‘‘Kilo″-class diesel electric attack sub- mented, will mean the defense budget place, just keeping the force you have marines. again will not grow, at least in real and the equipment you have main- By the year 2010, they may be able to terms. Most of the Department’s budg- tained and ready becomes more dif- deploy a fleet of up to 50 modern sub- et is basically committed. You cannot ficult. marines to confront us, should they short operations and maintenance. You But what was the mission creep? The choose to do so. Remember, they can cannot short readiness. You must pay September 11th attacks had something concentrate that power in the Western your people. You must provide the ben- to do with that, and then Afghanistan Pacific. efits you have committed to provide. and Iraq. Our Armed Forces have be- Among China’s surface combat ves- That means any budget cuts must come global first responders. We have sels, the most notable is the growing come almost entirely out of exactly homeland security missions now that number of Russian-built missile de- the platforms, the ships and planes and we never anticipated. Contingency stroyers which carry the SS–22 ‘‘Sun- tanks and vehicles that we have been peace enforcement missions around the burn’’ anti-ship missile, and the Type designing and developing to provide the world, special ops, and ongoing train- 72 large amphibious assault ship. In ad- new generation of capabilities that our ing operations. Operational tempo is at dition, China is developing and pro- men and women need to be able to de- a historic high. It is likely to remain ducing its own advanced fighter air- fend us. so. craft. It is procuring hundreds of ad- So proposals are afoot and rumors This means not only that we are vanced Russian-built Sukhoi fighters. are out that the Army is going to can- sucking up more money in operations China has deployed over 700 land-at- cel the Future Combat System. That is and maintenance, it means the equip- tack ballistic missiles opposite Tai- the Army’s system to replace the older ment we have is being used up even wan. It is adding over 100 new missiles tanks, the Bradley fighting vehicles, to faster. Even if you maintain it prop- each year. make sure the technology is adequate, erly, if you are using it at a greater I could go on for a considerable pe- the information technology is rate than you anticipated, it is not riod of time. The upshot of that is, by networked together. FCS is the system going to last as long. We face a situa- the end of the decade, China may be designed to give us the most modern tion where we are going to have to able to field, as I said before, 50 sub- ground combat capabilities. All of this

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13333 is potentially on the chopping block. et in the name of reducing the deficit is doing something very important, very The next generation destroyer, the a false economy. I ask Senators to con- large. He was sacrificing, and his sac- DD(X), may not get built. That is the sider the world situation today. The rifice was a measure of the value he ship that is going to provide naval sur- stability of the international order in placed on the freedom of his country face fire to support troops going the world depends on the reality and and the security of his family. ashore. The Joint Strike Fighter, our the perception of American military Those young men and women in stealthy air-to-ground strike fighter, power. The more stable the world is, America’s military will keep faith with which we have been developing for the more hospitable it is to freedom us. They are going to do what we ask years, is on the chopping block. The and to our interests, the faster our and expect them to do to protect us. new tanker is imperiled. The need for economy will grow, and the more We owe it to them, particularly in the additional airlift is imperiled. This sit- money we will have available, not just Congress. We owe it to them, to keep uation is serious. for defense spending but, indeed, for all faith with them. They protect us. They What do we need to do? The Department is other obligations of the Government. count on us to protect them, to do engaged right now in a Quadrennial Defense That is something President Reagan what we know is necessary to provide Review. Every 4 years the Department looks understood. When he became President them with what they need to do their at its needs and is supposed to analyze what in 1981, he began building up America’s jobs. it needs to defend us and analyze that in defenses. He had double-digit spending Let’s live up to that. Let’s have con- terms of military needs, not fiscal con- fidence that doing the right thing, straints. In other words, the way the law increases in the military budget. He reads, they look at what structure of forces, knew that was a key aspect of winning meeting our obligations with regard to what package of capabilities they need to de- the Cold War. He got the attention of the national defense, is the best way to fend the United States, and then we try to the Soviets. After a few years, they de- approach the future, both economically come up with the money to pay for that. cided it was not worth it to try to com- and as a matter of foreign policy and as Well, I am concerned that the anal- pete with the United States in that a matter of the Nation’s security. I yield the floor. ysis may be the other way around. arena. That was one of the key factors They may be given a figure, a budget that led to the fall of the Soviet Union. f number, and told to come up with a And the freedom that resulted from FOREIGN OPERATIONS force structure and a package of capa- that, the end of the isolation of East- APPROPRIATIONS bilities that meet that budget number. ern Europe, the opportunities that They must be allowed to assume rea- Mr. FRIST. Mr. President, Thursday were unleashed on the world are one of night, on the eve of Veterans Day, we sonable inflation-adjusted increases in the reasons that we had unparalleled the defense budget for the future and passed the Foreign Operations appro- economic growth all throughout the priations bill with near unanimous, bi- then be allowed to build the package of 1990s, which then enabled us to balance capabilities and force structure needed partisan support. I commend my col- the budget and eventually get to a sur- to defend the United States. leagues for their cooperation on this plus. That Quadrennial Defense Review bill which is so critical to America’s If, as a result of budget-driven deci- needs to be military driven, not budget security. sions, we reduce the defense budget be- driven. Then, in the meantime, while I especially recognize Senator MITCH neath what is minimally adequate, we MCCONNELL for his steady leadership. we wait for that review, we should create a sense of instability in the Diplomacy and foreign policy are es- stick with the planned figure for fiscal world, a doubt about our resolution to sential pillars of our national security. 2007. Every year, the Department sends maintain our obligations and to pro- They reflect America’s values, prin- its budget here. And, of course, the key tect our freedom. If that even mini- ciples, and vital interests. number is the number for the upcom- mally increases the possibility of a This $21 billion appropriations bill ing fiscal year, but it is always a 5-year promises to promote democracy, sta- defense plan. In the first few years of confrontation somewhere in the world, it will affect our economic opportuni- bility, and prosperity, and strengthen the Bush administration, to the credit America’s security here at home and of the Department and the administra- ties and our economic growth far more than anything we could possibly save around the world. tion, they have basically stuck to their It also promotes America’s leader- projections year by year, with fairly by reducing the defense budget, to put it on just as low and cold a level as pos- ship in the arena of international aid. minor deviations. Targeted foreign assistance is an in- The figure for fiscal 2007 that we were sible. A strong defense, the perception of American will and resolution is good valuable instrument for spreading given last year is $443 billion, and that democratic values, and improving the for the economy. It is necessary if we is the figure that should come over. We health and welfare of our neighbors are going to grow as a country, create should not sacrifice our defense re- close to home and around the world. It jobs, and generate the kind of revenue quirements for deficit concerns. What- can promote economic growth and op- that will allow us to address the def- ever your feelings about the deficit and portunity in even the poorest of na- about how we ought to resolve the def- icit. tions. icit, it is not caused by the defense I offer a personal note on behalf of The Foreign Operations appropria- budget. this issue. The men and women who de- tions bill includes several provisions The defense budget is 48 percent of fend us in our military are the finest that advance these efforts. I would like discretionary spending. It was just people who have ever served in any to take a moment to share some of about the same in the Carter era. The military service at any time in the Na- them. defense budget as a percentage of the tion’s history. They know the obliga- The defeat of Global HIV/AIDS is one total budget is 17 percent, which is 6 tion that they are undertaking. They of the world’s greatest humanitarian percent less than it was in the Carter undertake it willingly. Over Veterans challenges. In many countries, an en- era. As a percentage of gross domestic Day, I attended a few rallies around tire generation of productive adults product, it is 3.6 percent which, again, Missouri. I like to do that in com- has been wiped out by this one, tiny, is less than it was in the Carter era. memoration of the men and women malicious virus. The funds set aside to The military budget has not caused the who have served. I was in Lebanon, battle the HIV/AIDS virus target relief deficit that we are dealing with today. MO, and met a number of our service where it can do the most good and In fact, if we could just sustain defense personnel who were there. One of them make the biggest difference. spending at 4 percent of the gross do- was a recent enlistee in the National Under this legislation, America is mestic product, which would be an his- Guard, a young man who was proud to committed to providing $2.82 billion for toric low, that would be more than ade- wear his country’s uniform, proud at Global HIV/AIDS relief. That includes: quate for us to build the kind of force the prospect that he might be actively $2 billion for the Global HIV/AIDS Ini- structure that we need to defend our involved, as I am sure he will be, in tiative; $250 million for HIV/AIDS from country. That is not too big a sacrifice helping our Nation win the war against the Child Survival and Health Pro- to pay for this Nation’s security. terror. grams Fund; and a $450 million con- I said at the beginning of my re- We had an opportunity to visit. He tribution to the Global Fund to Fight marks that reducing the defense budg- understood that in doing that, he was AIDS, tuberculosis, and malaria.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13334 CONGRESSIONAL RECORD — SENATE November 18, 2005 By providing this desperately needed TRIBUTE TO MR. BEN this Nation. Nearly 2,100 Americans help, we save lies, strengthen alliances, WORTHINGTON have died in Iraq, and more than 15,000 and promote peace and stability. Mr. MCCONNELL. Mr. President, I others have been injured. It is impor- I have often talked about humani- rise today to pay tribute to a dedicated tant that we honor their sacrifices and tarian aid as a currency for peace. The steward of our national forests, Mr. the sacrifices of those who came before Foreign Operations appropriations bill Ben Worthington. Last month, Ben re- them. I would like to take a few mo- wisely sets aside targeted funding for tired from the National Forest Service ments to talk about the four legendary global health programs to advance that after 32 years of service. For the last 10 marines commemorated on the new cause. of these years, my home State of Ken- stamps. A1ong with tackling the Global HIV/ tucky was fortunate to have him serve LTG John A. Lejeune is probably the Aids crisis, the Foreign Operations ap- as forest supervisor of the Daniel best known of this fabled four. Re- propriations bill supports the Child Boone National Forest. garded as ‘‘the greatest of all leather- Survival and Health Programs Fund. Ben began his forestry career at necks,’’ Lieutenant General Lejeune These funds help reduce child mor- Washington State University, where he made history in World War I as the tality and morbidity, and combat earned a degree in forest management. first marine to lead what was predomi- other, serious public health problems. After graduating, he joined the Peace nantly an Army division. He was One of the most important public Corps and was relocated to Costa Rica awarded the Distinguished Service health crises this bill addresses is the for 2 years. Upon his return, he worked Medal from both the Army and the lack of clean, drinkable water in many for the Forest Service in his home Navy, as well as the French Legion of regions of the world. State of Oregon and eventually in Honor and the Croix de Guerre with Every 15 seconds a child dies because Washington State and California. Be- Palm for his service during World War of a disease contracted from unclean fore moving to Kentucky, he was the I. He is best known, however, for his water. Fully, 90 percent of infant deputy forest supervisor at Bridger foresight and determination to enhance deaths can be attributed to this one, Teton National Forest in Wyoming. the Marine Corps by introducing spe- basic cause. As forest supervisor of the Daniel cialized amphibious assault capabili- 1n total, water-related disease kills Boone National Forest, Ben oversaw ties into Marine Corps training. Ma- 14,000 people a day. That is over 5 mil- the day-to-day operation and preserva- rines today annually read his 1921 lion people a year, not counting the tion of Kentucky’s only national for- Birthday Message Order that summa- millions who are debilitated and pre- est. The Daniel Boone National Forest rizes the history, mission, and tradi- vented from leading healthy lives. covers over 700,000 acres of land from tions of the Marine Corps. Cholera, typhoid, dysentery, dengue LTG Lewis B. ‘‘Chesty’’ Puller rose fever, trachoma, intestinal helminth the northeastern part of the Common- wealth of Kentucky all the way to the through the ranks from private to be- infection, and schistosomiasis can all come one of the Marine Corps’ most be prevented by simply providing Tennessee State line, and also includes some noncontiguous counties in east- celebrated leathernecks. His distin- clean, drinkable water and proper sani- guished service and leadership during tation. ern Kentucky. This Kentucky treasure has something for every outdoor enthu- critical battles in the ‘‘ Banana Wars,’’ Funding for the Safe Water: Currency World War II, and the Korean War for Peace Act, which I cosponsored ear- siast. With over 600 miles of trails, it can be hiked, biked, and explored on earned him five Navy Crosses and made lier this year, will go a long way to him one of the most decorated marines providing this simple, but profound ne- horseback. Visitors may also fish, hunt, and camp in the forest, making it ever. He led marines in two of the cessity. Corps’ most daring assaults: at Guadal- In addition to providing Foreign Op- a popular weekend getaway or vacation canal in World War II; and at Inchon in erations needed and targeted humani- destination. the Korean Conflict. He died in 1971 and tarian aid, the Foreign Operations ap- I had the privilege to team up with is still revered in the Corps today for propriations bill advances the critical Ben by securing funds over the years to his courage in combat and his ability work of stopping the spread of WMD. help with the marijuana eradication to inspire confidence and loyalty and We are working closely with our operations on or near the national for- for the attention and respect he showed friends and allies to secure stockpiles est land. Ben and his staff have worked to those under his command. of WMD-related materials and tech- in lockstep with the local sheriff’s de- SGM Daniel J. Daly is one of only nology and to make sure our allies partments, the Kentucky State Police, two marines to be awarded two Medals have the ability to protect these sen- and the Kentucky National Guard to of Honor for separate acts of heroism. sitive materials. identify and destroy marijuana plants. According to the ‘‘Historical Dic- The Foreign Operations appropria- They have done a terrific job, and I tionary of the United States Marine tions bill provides over $410 million to- know that Ben’s success will be carried Corps’’, his ‘‘record as a fighting man ward our nonproliferation, anti- on by his successor. remains unequalled in the annals of terrorism, and demining efforts. After working for 32 years in the For- One of the gravest threats we face is est Service, Ben plans to remain in Marine Corps history’’ nearly 70 years the threat of WMD falling into our en- Kentucky. His wife is active in their after his death. In 1900, Sergeant Major emy’s hands. local community of Winchester, his Daly was sent to China, where he We cannot, we must not, let this hap- mother now calls Kentucky home, and earned his first Medal of Honor during pen. his two children attend Western Ken- the Boxer Rebellion. In 1915, he was Ultimately, the goal of each and tucky University. Ben’s work ethic, sent to Haiti, where he earned his sec- every one of our foreign operations pro- dedication, and love of the land will be ond Medal of Honor fighting off nearly grams must be to promote America’s greatly missed, but it is time for him 400 bandits. He saw combat as a gun- security and America’s values. And as to start a new chapter, and I wish Ben nery sergeant in France during World the last century taught us, our secu- the best in his retirement. War I and was awarded the Distin- rity and our values must go hand in f guished Service Cross and the French hand. Government’s Croix de Guerre with Whether for humanitarian, diplo- HONORING SGT. JOHN BASILONE, Palm. He retired in 1929 and died in matic or security purposes, effective ‘‘A PLAIN SOLDIER’’ AND THREE 1937, and remains a legend to all ma- foreign assistance advances our vital OTHER MARINE LEGENDS rines. interests and protects the homeland. Mr. DURBIN. Mr. President, last The fourth of the legendary marines The United States remains com- week, on the 230th anniversary of the honored on the new postage stamps is mitted to eliminating poverty, expand- U.S. Marine corps, the U.S. Postal the only one the four killed in combat. ing prosperity, and strengthening do- Service unveiled a long-awaited set of One writer described him as a ‘‘big, mestic institutions abroad. postage stamps honoring four of the handsome Marine with jug ears and a And by doing so, we advance our se- corps’ greatest heroes. smile like a neon sign.’’ GEN Douglas curity and prosperity right here at Today, a new generation of Ameri- MacArthur called him ‘‘a one-man home. cans are risking their lives to serve Army.’’

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13335 Marine GySgt John Basilone was 1 of cific Campaign Medal, World War II much a patriot, very much a military 10 children of an Italian-born tailor, Victory Medal, Presidential Unit Cita- man. He was a person who wanted to do Salvatore Basilone, and his wife Dora. tion with Star, and Presidential Unit what he could for his country.’’ He was born in Buffalo, NY and raised Citation with Bar. We must remember Private First in Raritan, NJ. After the war, John Basilone was re- Class Yancey’s family, in both Georgia He enlisted in the Army when he was buried at Arlington National Ceme- and Iowa, and stand with them during 18 and served in the Philippines, where tery. In 1949, the USS Basilone, a de- this time of loss and grief. The he picked up the nickname ‘‘Manila stroyer, was commissioned in his thoughts and prayers of countless John.’’ He fought as a light heavy- honor. Today, a life-sized bronze statue Americans go out to Private First weight prizefighter in the Army, going of him watches over his hometown of Class Yancey’s family and friends. He undefeated in 19 fights. He received an Raritan, NJ, and in 1981, Raritan began did not die in vain, but rather gave his honorable discharge after completing a parade in his honor. It remains the life for the promotion of freedom and his 3-year enlistment, returned home, only parade in the Nation dedicated to security around the world. He will be and worked briefly as a truckdriver. the memory of one veteran. sorely missed, but will also be an inspi- In July 1940, sensing war clouds on The National Italian American Foun- ration for future brave Americans for the horizon, John Basilone enlisted in dation, the Order of the Sons of Italy of years to come. the Marine Corps. In October 1942, he America, the Sergeant John Basilone f was serving with the 1st Battalion, 7th Foundation, and veterans and marines Marines, 1st Marine Division, on Gua- organizations worked long and hard to U.S. MILITARY PERSONNEL dalcanal. For 6 months, the Army and see this ‘‘plain soldier,’’ as John SERVING IN IRAQ Marines had fought a bloody battle to Basilone called himself, included Mr. SANTORUM. Mr. President, I hold a critical airfield on that island. among the marine heroes honored on rise today to share with my colleagues On October 24, GySgt John Basilone the new stamps. We thank them for another positive story from a member and 14 other marines were ordered to helping to make a new generation of of the U.S. Armed Forces currently hold back many times that number of Americans aware of the service and serving in Iraq. His story, once again, elite Japanese troops. sacrifices of this son of an Italian im- depicts the frustration that so many of A private first class serving under migrant, a true American hero. our servicemembers have with the lack him would later recall that, ‘‘Basilone When he died, The New York Times of public attention in the U.S. to the had a machine gun on the go for three noted in an editorial that there always humanitarian and military successes of days and three nights without sleep.’’ had been Americans like John their work in Iraq. He fired machine guns, fixed guns, and Basilone, willing to fight for their I recently received a letter in the crawled repeatedly through Japanese country even when they knew their mail from Ms. Ann Sensenich of Boil- lines to get more ammunition. When luck wouldn’t last. ‘‘The finest monu- ing Springs, PA. Ms. Sensenich wrote the sun rose the next morning, the ma- ment they could have,’’ the newspaper to me: rines still held the airfield, and John said, ‘‘would be an enduring resolve by DEAR MR. SANTORUM: Enclosed is a copy of Basilone was credited by his men with all of us to this time fashion an endur- a letter I received from one of our soldiers giving them the will to fight on the ing peace.’’ serving our country in Iraq. I am forwarding most terrifying night of their lives. Let us never forget how much we owe this to you as I feel this is a letter that For his heroism at Guadalcanal, John Basilone and all those who have should not be viewed by only my eyes. John Basilone was awarded the Con- I have been sending packages to my em- given so much, over so many genera- ployer’s son in Iraq and he forwards them on gressional Medal of Honor and ordered tions, so that we can live free. to his soldiers and this is one of the re- home to take part in a war bonds tour. . sponses I received. The tour brought in $1.4 million in f Please share this letter with anyone you pledges. He crisscrossed the country, feel would appreciate the service of this and met Hollywood startlets, and even met HONORING OUR ARMED FORCES all our U.S. soldiers defending our country his wife, another marine, at Camp Pen- PRIVATE FIRST CLASS DUSTIN YANCEY and keep in mind he indicated he would go dleton. He could have remained state- Mr. GRASSLEY. Mr. President, back seven times before he would let terror- side for the remainder of the war but, today I address the Senate in tribute to ists on our soil. Thank you for reading this and please he turned down the bars of a second PFC Dustin Yancey, originally from share his words with others. lieutenant because, he said, he didn’t Cedar Rapids, IA and more recently Sincerely, want to become ‘‘a museum piece.’’ In from Goose Creek, SC. Private First ANN B. SENSENICH. his words, ‘‘I’m a plain soldier, and I Class Yancey was tragically killed on Attached to Ms. Sensenich’s cor- want to stay one.’’ So just before November 7, 2005 during Operation respondence is the letter that a de- Christmas 1944, he kissed his new wife Iraqi Freedom. His Humvee was struck ployed servicemember wrote to her goodbye and rejoined his ‘‘boys’’ in the by an improvised explosive device and when her package was shared with fel- Pacific. both Private First Class Dustin Yancey low servicemembers. He wrote: On February 19, 1945, SGT John and Captain James M. Gurbisz were DEAR ANN SENSENICH, I am deployed with Basilone was serving with the 1st Bat- killed. Private First Class Yancey the 3/3 ACR. We received your package, and talion, 7th Marines, 5th Marine Divi- served with the 26th Forward Support I just wanted to take a little bit of my time sion during the first day of the inva- Battalion, 2nd Brigade, 3rd Infantry Di- to say thanks. sion of Iwo Jima. He was on the island vision based in Fort Stewart, GA. He Your package helped with the morale of a less than 2 hours when an enemy artil- was only 22 years old. lot of soldiers. Due to the negative feedback lery round exploded, killing Basilone I ask that the Senate, the people of we get from the media and people back and four members of his platoon. He Iowa, and all Americans stand today home, it is nice to receive a package from had just destroyed an enemy block- and recognize the sacrifice that Private someone who supports us and what we do. People like you are the reason why we house, enabling the marines to capture First Class Yancey made yearlier this fight this war. We sit over here day to day another critical airfield. On his left month. Our country has survived risk getting shot at or having mortar rounds arm were tattooed the words ‘‘Death throughout the centuries due to the dropped in on us so that the people back before Dishonor.’’ John Basilone was 27 brave men and women who have com- home (like yourself) can keep on enjoying years old. posed our Armed Forces, and I am sad- the freedoms that a lot of people take for He was awarded the Navy Cross and dened to announce to the Senate that granted everyday. I, myself used to take Purple Heart posthumously, making another of our bravest will be buried in those things for granted also until I was de- him the only enlisted marine in World Arlington National Cemetery. ployed to fight for our freedom. This is my War II to be awarded the Congressional We could all learn from the patriot- second deployment, and this is the first time that we have received a package from some- Medal of Honor, the Navy Cross, and ism and spirit of Private First Class one in the states. So, thank you for your un- the Purple Heart. He was also awarded Yancey. His cousin, Brian Yancey of selfishness, and don’t ever feel bad for the the American Defense Service Medal, Cedar Rapids, IA, remembered that soldiers that are over here fighting this war. American Campaign Medal, Asiatic-Pa- Private First Class Yancey ‘‘was very This is our job! This is what we were trained

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13336 CONGRESSIONAL RECORD — SENATE November 18, 2005 to do. I would come back over here seven The producers of U.S. food and fiber with minimal substance? That’s what more times before I let these terrorists on no longer are producing for the U.S. worries me and should worry American our soil. You can sleep safe in your home to- market alone. Those days are gone for- farmers. U.S. production agriculture night, enjoy every warm meal you have, ever. Our farmers are part of the global has been a partner in the international enjoy your warm shower tonight, and wake economy. In fact, because they are so up to a free world tomorrow because we are effort of our trade negotiators to gain over here fighting for you and your family. efficient, they produce in excess of market access. But how long can the Once again—Thanks! I just wanted you to what the U.S. can consume and must partnership last if the round fails? know that your package that you sent did gain access to global markets to ex- Where do farmers and ranchers put not go unnoticed. pand sales opportunities. their efforts if the latest round of nego- Mr. President, these stories need to Yet many markets overseas remain tiations fails to live up to its promise? be told. Our soldiers are sacrificing closed to U.S. producers because of The European Union, for example, in- their lives for us; they are putting high tariffs applied against U.S. ex- sists that dairy is sensitive and de- themselves in harm’s way each and ports. Particularly egregious are the serves special protection. How can the every day over there, and missing valu- tariffs imposed by the European Union dairy farmers of the U.S. be convinced able time with their families and loved and Japan among developed economies that overseas market access is the key ones. They need to know that we sup- and by certain developing countries to increased profitability if the Euro- port them, and that their bravery and such as India and Brazil, where they pean market remains unavailable be- hard work is not going unnoticed. continue to claim developing status de- hind high tariff walls? I am concerned We cannot allow critics here in the spite making major advances in cer- that agriculture will lose patience with United States to influence the men- tain sectors of their economies. the trade negotiation process and re- tality of our troops. They need to know These issues have been discussed at turn to familiar domestic farm pro- that we stand with them and that we the WTO during the past 4 years of the grams to augment its income because support their invaluable mission. current Doha Development Round, the world market could not. What do with little movement in agriculture. In f responsible Members of Congress do an effort to move the round forward, then, facing the kind of fiscal con- WHAT’S AT STAKE FOR U.S. AGRI- the U.S. last month put forth in Gene- straints we do in 2006, just as existing CULTURE IN THE NEXT TWO va an aggressive proposal to jumpstart farm programs expire? MONTHS? the stalled negotiations. Since U.S. There is real potential under those Mr. SANTORUM. Mr. President, our tariffs already are low compared to our circumstances for backlash. Testimony top U.S. trade negotiators traveled this trading partners, there was little the by commodity groups earlier this week and last in Europe, Africa, and U.S. could offer in market access to en- month in the House has telegraphed Asia. They are making a concerted ef- courage comparable reductions. So the that already. Wheat, corn, and soy pro- fort to encourage certain influential U.S. proposed to pull back its own do- ducers all expressed reservations at the countries among our 148 trading part- mestic subsidies in exchange for sig- degree of ambition and commitment to ners in the World Trade Organization nificant cuts by our trading partners in trade liberalization shown by U.S. to put meaningful agricultural offers the tariffs protecting their market ac- trading partners, particularly the Eu- on the table in Geneva. We are coming cess. ropean Union and the G–20 group of de- The rationale behind the offer is that down to the wire in the most recent veloping nations, as evidenced by their U.S. producers are so efficient that round of multilateral trade negotia- counter proposals to the U.S. proposal they require minimal domestic sub- tions, referred to as the Doha Develop- in the WTO. U.S. producers are savvy. sidies, as long as they have unfettered ment Round. The offers that our trad- They see the inadequacy of those offers access to expanding markets. Those ing partners put on the table in the by our trading partners and have no in- markets increasingly are found over- next month or two are the starting seas where the increased prosperity of tention of venturing too far in the di- point for agricultural negotiators. growing middle classes demands the rection of liberalized trade alone with- That deal in agriculture will be com- kind of dietary diversity and conven- out a very strong safety net. The weak- bined with the results of similar nego- ience we have long enjoyed. U.S. pro- er the commitment to reform among tiations in the manufacturing and serv- ducers and food manufacturers can sup- our trading partners, as evidenced by ices sectors of the economy. Together, ply both that diversity and conven- the degree of success in the Doha De- they constitute the outcome of the ience and supply it year in and year velopment Round, the more expensive round that has been going on for the out. will be the net required by our pro- last 4 years. Without a deal in agri- But not all agriculture is as efficient ducers. That’s bad news for those in culture, however, the Doha Develop- as that in the U.S. Rather than im- Congress wishing to lead their agricul- ment Round will falter. prove efficiency, some countries pro- tural producers toward a more produc- While bilateral trade agreements are tect producers excessively with high tive and profitable model based on in- beneficial to U.S. exporters, it is tariff barriers to market access. And creased markets overseas, where 95 per- through multilateral negotiations that they are not forthcoming with offers of cent of the world’s consumers live. across-the-board tariff reductions can significance to begin the process of re- A recent study by Australia, a lead- be achieved. That is why the Doha De- ducing those barriers. Frankly, there ing member of the Cairns Group of velopment Round is so crucial. isn’t much time left. The round ends at trade-liberalizing nations within the The agricultural negotiations are sig- the end of 2006, and the initial offers WTO, underscores the potential loss if nificant to all of us representing states for negotiation should be on the table the more robust proposal of the U.S. in with agricultural constituencies. In the this December at the Hong Kong min- the WTO is not realized. Australia’s ag- case of Pennsylvania, production agri- isterial meeting so negotiators are able ricultural economics bureau, ABARE, culture generated $4 billion in cash re- to assemble the final package of tariff estimates the U.S. proposal would de- ceipts in 2003, according to USDA sta- reductions and subsidy cuts in the next liver an extra $17.5 billion in gross in- tistics. That’s $4 billion for the pro- year. They will need every minute to come per year to U.S. farmers from in- ducers of livestock and commodities in do so. creased exports. Much of that increase my State. Pennsylvania generates only After last week in Europe, the Sec- would flow to producers of meat and 2 percent of agricultural cash receipts retary of Agriculture and the U.S. fruit and vegetables, who would benefit received by producers nationwide, so Trade Representative were far from op- from increased market access. In fact, you can imagine how important agri- timistic that the Hong Kong ministe- the U.S. proposal would benefit all effi- culture is to the 31 States with larger rial meeting would grapple with the cient producers in the world, according agricultural economies. Then there is type of formulas to be used in cutting to ABARE. the added value to the Pennsylvania tariffs or with the number of ‘‘sen- This is not the time to accept less economy of further processing and sitive’’ products that countries could than the U.S. proposal in the negotia- manufacture of food products and their declare protected behind a high tariff. tions. ABARE estimates the European export. Virtually every State has a And what happens if there is no Union proposal would yield only about stake in these negotiations. agreement or a face saving agreement $3 billion, barely enough to account for

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13337 assumption variables in the study, and REPRESENTATIVE JOHN ber of subjects for good faith collective it would continue to protect a number MURTHA’S SPEECH bargaining. of its product lines where the U.S. Mr. AKAKA. Mr. President, I rise For this reason, I am pleased that stands to gain the most from market today to talk about Representative the employee unions have gone to Fed- eral court to challenge the regulations, access. The proposal of the G–20 group JOHN MURTHA’s statement on Iraq. in the same fashion that they chal- would yield an extra $7.5 billion per JOHN MURTHA is right. We need an exit year, a bare minimum. strategy from Iraq. The administration lenged the Department of Homeland Security regulations. I hope they will Moreover, the benefit to U.S. produc- should have had one before the war. prevail in their call for injunctive re- tion agriculture from increased earn- As I and other Members of Congress consistently requested before Oper- lief, as they did in the Homeland Secu- ings under the U.S. proposal would pro- rity case, as well as to prevail in the vide latitude for writers of the next ation Iraqi Freedom, OIF, began, it was imperative for the administration to final disposition of both cases. farm bill to adjust domestic programs While I would be the first to say that to accommodate two important reali- have a plan for both entering and, now more importantly, for exiting Iraq. We the Federal civil service system is not ties. Some of our domestic programs perfect, it is a system that has with- have been ruled trade-distorting under are 2 years into OIF with no clear end in sight. There is no excuse for not stood the test of time as fair and im- the WTO. Ultimately we will have to partial. To overhaul it in favor of vest- reform these programs. Either we having one now. We must provide the Iraqi people ing the subjective power to hire, fire, change our farm programs now by ne- discipline and promote in the hands of gotiation in the WTO where we can get with the tools necessary to stand on their own. Only the Iraqi people can re- a few political appointees is very dan- something in return for them, or we gerous. At this point, the ‘‘seemingly will be forced to change them by litiga- build Iraq. Only the Iraqi people can defend Iraq. We cannot do it for them. acceptable’’ national security rationale tion by which we don’t get anything for We cannot want it more than they for the wholesale stripping of employ- them. Here is the perfect opportunity, want it. What we must do is provide ees’ rights fast begins to lose its luster. where we can gain market access and them with the means to accomplish It is no longer reasonable. There seems income to offset changes made domes- this, but what we are unable to do is to to me to be an inherent conflict. In the tically. give them the will. name of national security, this admin- The second reality is the cost of farm Whether we leave Iraq tomorrow, or istration is willing to deny its own programs. That cost may not seem like in 6 months, or longer, the President workers a small modicum of security— much in years of little budget competi- needs to tell the American people when employment and family security—espe- tion. But today we are in a budgetary and how we will be able to withdraw cially when I do not believe it is nec- climate where any policy that depends our troops. We cannot afford to lose essary to achieve our goal of national security. I call into question the moti- on government financing is subject for more Americans in Iraq. vations behind their actions. review. There is strong competition for JOHN MURTHA is a great patriotic My position on the Pentagon’s American. His service in the military public outlays, and an effort to reduce issuance of the NSPS regulations is and in the U.S. Congress cannot be the deficit places new scrutiny on all what I believe any decent fellow would measured. Those who disparage him programs. say: Now is the time for our Nation to tarnish only themselves. We all have just experienced the come together in support of our armed Everyone who knows JOHN MURTHA budget reconciliation process in Con- services abroad. To do so, we must knows that he believes in his heart and gress. In agriculture, we were obligated stand behind our civilian defense work- soul in the American military and he to find $3 billion worth of savings to force from whom we are demanding will do everything he can to help them. accommodate budget targets. That is great productivity in support of our He should be listened to for what he just the beginning, and we are well ad- troops. has done, for who he is, and because he vised to know the alternatives avail- Now is not the time to be divisive is right. able to us to make adjustments in im- and punitive of our Federal workforce. portant programs in advance of the f It creates low morale, mistrust, and a need. This WTO negotiation provides NATIONAL SECURITY PERSONNEL decreasing level of respect between the U.S. with the opportunity to con- SYSTEM REGULATIONS worker and management. The con- vert its aggressive proposal for reform sequences stemming from such insta- into real income for farmers and agri- Mr. INOUYE. Mr. President, I am bility, could be dire. For me, the stakes business. For instance, if the U.S. pro- very disappointed with the U.S. De- in terms of human lives are too high to gram crops like wheat, corn, rice, and partment of Defense and Office of Per- be taking such a gamble. United we soybeans continue to be under pressure sonnel Management’s final regulations stand—civilian and military together. in the WTO for the portions of their do- for the National Security Personnel Divided we could fail. System, NSPS, that will affect more mestic subsidy programs that ‘‘dis- f tort’’ trade, the advent of the next than 350,000 defense civil service em- ployees throughout our Nation. What NATIONAL DEFENSE farm bill provides us a chance to con- makes the new system dangerous is AUTHORIZATION ACT vert supports for those crops into a for- that upon a cursory glance, it would al- mat that conforms to WTO guidelines. Ms. SNOWE. Mr. President, I rise to most appear ‘‘acceptable’’ in the name In return, we gain the market access speak in favor of my amendment No. of national security. Scratch the sur- 2528, unanimously adopted into the Na- from our trading partners to sell them face, however, and it becomes very tional Defense Authorization Act for U.S. fruit and vegetables, meat and alarming. fiscal year 2006, to provide targeted size dairy products, and other specialty The rhetoric does not match reality. standard relief for small U.S. contrac- crops not previously allowed into their U.S. Defense Secretary Donald Rums- tors incurring extraordinary security markets in sufficient quantity. feld in public testimony stated that and protection costs on foreign battle- If we don’t succeed in opening those these new regulations ‘‘would not end fields in the global war on terror. opportunities for U.S. agriculture, we collective bargaining,’’ but, rather, Right now, in Iraq and Afghanistan, will have nothing with which to per- would ‘‘bring collective bargaining to there are many brave, small con- suade our producers to give up the ex- the national level’’ to avoid duplica- tracting businesses working alongside pensive domestic subsidies to which tion and inefficiency. This has not oc- our uniformed soldiers in many cases. they have become accustomed. Another curred, nor do I believe there is a sin- Employees of these small contracting expensive, non-innovative, and divisive cere interest in the Pentagon to pursue firms get shot at and encounter road- farm bill might unfortunately be the national collective bargaining. In fact, side bombs, suicide attacks, ambushes, result. Mr. President, a great deal is I would suspect that the Pentagon’s and kidnapings. Yet, in order to pro- riding on the success of the Doha plan is just the opposite—to substan- vide our military with desperately Round. tially remove from the table the num- needed goods and services, these small

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13338 CONGRESSIONAL RECORD — SENATE November 18, 2005 battlefield firms diligently endure As the ranking member on the Ap- severe weather so we can secure our these daily risks. propriations Subcommittee on Com- property and get out of harm’s way, or These daily dangers force small con- merce, Justice, and Science, I rise helping to restore our fisheries that are flict zone firms to hire well armed, pri- today to explain how this legislation is so critical to our economy, NOAA vate security guards, and to incur ex- critical to spurring economic innova- saves lives and communities every day. traordinary security expenses in order tion in our Nation and how the bill pro- In space, this appropriations bill to protect their employees. The vio- tects communities and saves lives and fully funds the National Aeronautics lence towards civilian contractors in livelihoods. and Space Administration, NASA, and Iraq and Afghanistan has become so I believe this appropriations bill is an the cutting edge scientific and techno- prevalent that the government often important step in making our country logical research that only NASA can requires companies to provide security more competitive in the global econ- do. services, and treats these extraor- omy. The future of our economic secu- For NASA, we have provided $16.4 bil- dinary security costs as reimbursable rity as well as our national security lion, which is a $260 million increase contractor expenses. These security ex- will depend upon our ability to inno- over last year. This includes $271 mil- pense reimbursements do not increase vate. This bill is a major Federal in- lion for the Hubble Space Telescope, or expand small contracting firms’ core vestment in innovation through $50 million over the President’s budget business capabilities. Instead the science and technology, and it will help request to accommodate a servicing money the government pays to small make America stronger by investing in mission to Hubble, should the Adminis- battlefield contractors for security ex- our future. trator determine that the space shuttle penses is passed directly through to the Innovation begins with basic re- is safe to use. security subcontractor providing pro- search. H.R. 2862 funds the National The servicing of Hubble will involve tection to the small firms’ employees. Science Foundation, NSF, at $5.6 bil- replacing batteries, gyroscopes and in- Unfortunately, the Government’s lion, a $180 million increase over last stalling new scientific instruments to valid reimbursement of conflict-zone year. make Hubble more powerful than ever. security expenses artificially inflates The key to innovation is investing in Hubble is the very symbol of innova- the size of many small battlefield firms basic research in the physical sciences- tion and discovery that are hallmarks causing them to out grow the Small biology, chemistry, physics and the of America’s space program. Business Administration’s small busi- cutting edge interdisciplinary initia- We continue our investment in the nesses size standards. It is important tives in nanotechnology, biotechnology Mars program and fully fund the next to understand that the SBA size stand- and information technology. The Na- generation of launch vehicles to re- ards were established on the basis of tional Academy of Sciences, the Coun- place the space shuttle. normal revenues for small businesses cil on Competitiveness, and numerous All major science programs are fund- operating in North America. But, cur- other organizations have all called for ed at the President’s request level or rently, these domestic size standards a substantial increase in our invest- higher including the Living With A are penalizing our small contractors ment in basic scientific research. This Star program which is crucial to un- operating outside the U.S. and in war bill makes a downpayment on that in- derstanding the Sun’s effects on the zones by eliminating their ability to vestment. Earth. obtain crucial small business contracts The technology of tomorrow will cre- While NSF, NOAA, NIST and NASA and loans once they exceed the domes- ate the jobs of tomorrow. But if we are all integral to our nation’s ability tic standards. to innovate, along with our other fed- Our most reliable and dependable don’t invest in research, the tech- eral agencies, it is the private sector small battlefield firms, because they nology and the jobs will go overseas. But it is not just about investing in that is responsible for most of the in- operate overseas, are.in danger of arti- research, we also have to invest in edu- novation that drives our economy. ficially outgrowing the SBA’s domestic The Patent and Trademark Office, size standards. Not only does this arti- cation. This bill preserves funding for PTO, plays a central role in protecting ficial growth hurt small business abil- graduate student stipends at $30,000 per our nation’s valuable intellectual prop- ity to survive, it also harms the U.S. year. NSF funds critical programs to erty. The PTO has a backlog of applica- Government’s ability to secure con- improve the teaching of math and tracts for much needed goods and serv- science and to improve science and tions waiting to be processed. H.R. 2862 ices that are used to support our troops math curriculum in our schools. We funds the PTO at a record $1.7 billion, in war zones. This ultimately reduces must increase the number of math and a 30 percent increase over last year. the Federal Government’s access to ex- science teachers as well as the number This record increase will go a long perienced small contractors and ham- of math and science students. way towards helping the PTO reduce pers the Government’s efforts to com- In addition, government and the pri- the backlog of patent applications so ply with the Government’s annual stat- vate sector must work together to spur we can properly protect our intellec- utory small business contracting goals. innovation in our economy. That is tual property and maintain our com- My amendment directs the SBA to where the National Institute of Stand- petitiveness. conduct a study and provide a report to ards and Technology, NIST, comes into But as we invest in our future, this Congress on the fairness of exempting play. NIST invests in new technologies legislation also takes care of our day- reimbursement for subcontracts for that lead to new breakthroughs that to-day needs especially when it comes private security services from the size create jobs to make our nation more to protecting our neighborhoods and standards caps applicable to small competitive. NIST also sets industry communities firms that perform contracts and sub- standards so that American business In making our country safer, the De- contracts on overseas battlefields. I can be competitive abroad. H.R. 2862 partment of Justice is our front line. urge my colleagues to support our funds NIST at $761 million, a $62 mil- This bill provides $21 billion to the Jus- small battlefield contractors currently lion increase over last year. tice Department, $800 million more in harms’ way by retaining this impor- This legislation also funds other im- than last year. The Justice Depart- tant amendment in the Defense author- portant agencies that are on the cut- ment accounts for almost 50% of the ization conference report. ting edge of science and technology entire bill. This includes funding for the FBI, DEA, ATF, U.S. Marshals, U.S f that can save lives and communities. The National Oceanic and Atmos- Attorneys as well as the Federal Prison SCIENCE, STATE, JUSTICE, AND pheric Administration, NOAA, is re- System. COMMERCE APPROPRIATIONS sponsible for the National Weather The Justice Department provides as- Ms. MIKULSKI. Mr. President, ear- Service as well as critical research into sistance to our state and local law en- lier this week the Senate passed the oceans, fisheries and the Earth’s at- forcement and help communities fight conference report accompanying H.R. mosphere. gang violence. It also protects us from 2862, the Science, State, Justice and For NOAA, we have provided $3.9 bil- terrorists and protects our neighbor- Commerce Appropriations Act for fis- lion, a $20 million increase over last hoods and communities. Specifically, cal year 2006. year. Whether it is warning us about the FBI will receive $5.7 billion in 2006,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13339 a $500 million increase over last year. neighborhoods and communities safer Island to the tax reconciliation bill. Most of this increase has been devoted from gang violence and street crime. This amendment addresses a concern to counterterrorism. I look forward to working with my that is on the mind of many Wisconsin- H.R. 2862 also increases funding to colleagues next year to continue the ites as winter quickly approaches—the fight sexual predators who prey upon progress we have made and increase increased cost of home heating. our children. The bill provides $48 mil- our commitment to innovation, science The timing of this amendment could lion to continue and expand the Miss- and technology. not be more relevant. Last week, ex- ing and Exploited Children Program. It f ecutives from several major oil compa- also funds a Cyber-Tipline, an online nies attempted to defend their record- LIHEAP resource where people can report leads breaking profits over the last quarter, and tips about child sexual exploi- Mr. KENNEDY. Mr. President, winter in a hearing before the Senate Com- tation. is coming, and it could easily become a merce and Energy Committees. Despite Finally, the bill provides $2.7 million perfect storm of high energy prices, their efforts, they were unable to pro- for the FBI’s innocent images program bitter cold, and too little heat for those vide adequate answers. More impor- to investigate and capture child por- in need. tantly, they were unable, or unwilling, nographers who use the Internet to Households heating primarily with to provide solutions that would ease prey on children. natural gas will pay an average of $306 the burden on American consumers. In addition to sexual predators, more this winter for heat, an increase I would like to remind my colleagues gangs are becoming a growing local, re- of an incredible 41 percent over last that while prices at the pump have de- gional, and national problem. We have year. Those relying primarily on oil for clined slightly, we are not yet in the provided increases to the ATF, U.S At- heat will pay $325 more, an increase of clear. Winter is just around the corner, torneys and the FBI to help fight 27 percent. and with colder temperatures comes against gangs in our schools and com- The poor, the elderly, and the dis- higher heating bills. I know my con- munities. abled need our help and they need it stituents in Wisconsin are worried not Any anti-gang strategy must focus now. only about the costs of filling their on three principles: prevention, inter- Wilhelmina Mathis is one example of cars, but also the costs of heating their vention and suppression. In my own what is happening to the most vulner- homes. As the profits of these oil com- State of Maryland, in Montgomery and able in our society. Wilhelmina is 71 panies continue, what answers can I Prince George’s Counties, and around years old and lives alone. All last win- provide to these constituents, these the State, gangs are a growing prob- ter she kept her thermostat set at 60 hard-working Americans, about how lem. degrees to save money. She hopes the they will pay their heating bills? I believe the amendment of the Sen- This bill provides $2 million for Federal Government will come through ator from Rhode Island was a first step Montgomery and Prince George’s with more LIHEAP money. She says: towards offering my constituents some Counties to deal with gang violence ‘‘I turn down the thermostat as low as piece of mind when it comes to heating and fund prevention programs. It also I can and sometimes I turn it off and their homes. This amendment would provides another $2 million to combat put on extra sweaters. I don’t know have created a temporary, 1-year levy gang violence and gang prevention pro- how much longer I can keep doing on the excess profits of U.S. oil compa- grams around the State of Maryland. this.’’ We have tried four times this year to nies to provide $2.92 billion for the The purpose of this funding is to bring Low-Income Home Energy Assistance increase funds for LIHEAP, and all four federal resources to the local level to Program. Because this would only be in times we were defeated by the over- help stop and prevent further gang vio- place for 1 year, and only effect profits whelming Republican majority who lence from afflicting our neighborhoods made in 2005, this amendment would voted in lock-step to reject it. and communities. have no effect on gas prices or do any- The failure of the Republican Con- Mr. President, the President’s budget thing to increase dependence on foreign gress to increase LIHEAP funds con- cut state and local law enforcement by oil. The amendment offered a simple, tinues to put millions of our fellow $1.4 billion. We were able to restore $1.1 short-term solution that would provide citizens at risk. But the Bush adminis- billion of that cut in this bill. real help to those who will need it tration and the Republican Congress I know how important our local po- most, when the temperature starts to are telling the elderly, the disabled, lice are to fighting crime and gangs. drop. Our local police are the first respond- and children across America that it The Energy Information Administra- ers. If we were not subjected to strict doesn’t matter if they have no heat tion has forecasted significantly in- limits on spending that were imposed this winter—they aren’t a priority. creased home heating costs this winter. on us by the Budget Resolution, we In fact, the Republican leadership is For those using home heating oil, the would have provided additional funding forcing us to make impossible choices. average increase in price will be $325 for state and local law enforcement. Look at the Labor-HHS bill. The Re- over last year. While that might not be But with the need to increase funding publican leadership is telling us that if much to the oil executives, I can assure for counterterrorism and counterintel- we fund LIHEAP, we must cut health you that it could mean going without ligence, plus the need to address the care for seniors, cut education for our heat for some families in Wisconsin. I growing problems of both methamphet- children, cut essential job training believe it is the responsibility of the amine abuse and regional and even funds for people trying desperately to Federal Government to protect con- international gang violence, we had to enter the workforce and attain a level sumers when the market fails to do so. make difficult choices, under very dif- of self-sufficiency. I am deeply disappointed that the ficult circumstances. It is unconscionable. Why are we amendment failed in last night’s vote. Mr. President, the Science, State, being forced to help one family at the I assure my constituents that I will Justice, and Commerce Appropriations expense of another? We must increase continue to work towards a com- bill is about investing in science and LIHEAP funds and fight against cuts to prehensive solution to high heating technology to spur innovation in our other essential health, education, and costs. economy, protecting our Nation, and labor programs. It is time for Congress Mr. CARPER. Mr. President, I am saving communities, lives, and liveli- to stand up for the American people. pleased to voice my support for the hoods. We tell them we hear them and under- Low-Income Home Energy Assistance Investments in innovation are crit- stand their struggle, now it is time to Program and for the Reed amendment ical so America will retain its competi- put our money where our mouth is. We that I cosponsored to S.2020, the tax tiveness as well as its economic and na- need to stop the rhetoric and take ac- reconciliation bill. The Reed amend- tional security. Through the Depart- tion. The American people deserve ment would have fully funded LIHEAP ment of Justice and its major law en- nothing less. in fiscal year 2006 and would have paid forcement bureaus, we are increasing Mr. KOHL. Mr. President, I rise as a for the increased funding with a tem- our commitment to protecting children cosponsor of the amendment offered porary tax on the windfall profits of from sexual predators and making our yesterday by the Senator from Rhode major oil companies.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13340 CONGRESSIONAL RECORD — SENATE November 18, 2005 The Senate fiscal year 2006 Labor, prices to help ease the burden of this sion. ICANN is not perfect. I have been Health and Human Services, and Edu- winter’s high prices. critical of its shortcomings in the past, cation Appropriations bill took an im- I am pleased with the approach taken and will continue to do so in the fu- portant first step toward providing by the Reed amendment because I be- ture. But I strongly support its model adequate LIHEAP funds by including lieve that we should try to pay for in- of governance that leaves the private- $2.183 billion for the program for next creases in spending. I have been un- sector experts in charge. fiscal year. This is a good starting comfortable supporting some previous The preliminary news from the U.N. point. amendments to increase funding for conference seems to be good. Some of However, $2.183 billion represents the LIHEAP program because they did the worst ideas, such as creating a new only a very slight increase over fiscal not find a way to pay for the increased U.N. bureaucracy instead of ICANN, or year 2005 levels and is likely not spending. to direct ICANN, seem to have been enough to meet the needs of LIHEAP Senator REED has found a way not avoided. But I will look closely at the beneficiaries in the coming winter. only to fully fund this vital program, final results and make sure that noth- For this reason, I have worked to but to pay for it as well. ing has been agreed to that could dam- find ways to increase funding for the Unfortunately, Senator REED’s age the Internet. I hope to hold a hear- LIHEAP program and to do so in a amendment was not accepted by the ing in the Commerce Committee early manner that is fiscally responsible. full Senate during consideration of the next year about this, and I look for- The Reed amendment would have tax reconciliation bill. The amendment ward to hearing the testimony of the added $2.92 billion to the LIHEAP pro- needed 60 votes to overcome a point of key stakeholders at that time. gram and paid for this increase by tax- order and received only 50. f ing the windfall profits of major oil We will keep trying though. companies. The LIHEAP program serves a vital THE SUCCESS OF THE 1994 BRADY Some have criticized this windfall function in helping as many as 5 mil- ACT profits tax. Yet I believe that a tem- lion low-income households who need a Mr. LEVIN. Mr. President, statistics porary, limited tax on the windfall bit of help paying their energy bills or released last month by the Department profits of energy companies is a reason- weatherizing their homes. I’m pleased of Justice indicate that the 1994 Brady able way to help the least fortunate to have been a cosponsor of the Reed Act has had a meaningful impact on among us pay for their home energy amendment and I will continue to look keeping firearms out of the hands of needs. for ways to increase funding for the criminals. The annual Bureau of Jus- Indeed, I believe that the country’s LIHEAP program. tice Statistics bulletin titled ‘‘Back- oil producers can afford to help pay for f ground Checks for Firearms Transfers’’ LIHEAP. Last month they posted reveals that nearly 126,000 firearm INTERNET GOVERNANCE record profits. ExxonMobil reported transactions to prohibited individuals that their profits rose 75 percent, and Mr. BURNS. Mr. President, I rise to were prevented in 2004 alone. in just 3 months they made $9.92 billion say a few words about the resolution I As my colleagues know, the 1994 in profit. Similar record profits have submitted and which was approved by Brady Act requires individuals seeking been reported by all of the major inte- unanimous consent on the Senate floor to acquire guns from a federally li- grated oil companies. Some of this in- this week, in support of the President’s censed firearms dealer to undergo a crease in profit is due to oil prices that position on Internet governance at the background check. This process re- started to rise this summer even before U.N. Summit on the Information Soci- quires the applicant to provide a vari- Hurricanes Katrina and Rita struck ety. I thank the cosponsors on this res- ety of personal information, which is the gulf coast. After the hurricanes, olution: Senators STEVENS, INOUYE, not retained longer than 4 days unless though, the price of gasoline, diesel, jet LEAHY, SMITH, SUNUNU, BILL NELSON, the person is prohibited by law from re- fuel and other refined oil products HUTCHISON, INHOFE and CRAIG. And I ceiving or possessing firearms. The pri- soared. also acknowledge Senator COLEMAN for mary factors that disqualify individ- Our Nation is still struggling to re- all his good work on this issue. uals from receiving firearms include cover from the disasters along the gulf No one can really control the Inter- felony or domestic violence convic- coast. All Americans have had to make net. It is not supposed to be controlled. tions, identification as a fugitive or il- sacrifices as a result. This winter the It is an architecture, literally and figu- legal alien, substance abuse, and seri- country is facing another crisis, record ratively, of freedom—freedom of infor- ous mental illness. Unfortunately, energy prices and associated increased mation, of speech, of interconnection, membership in a known terrorist orga- household heating bills. of religion. Because the Internet was nization does not automatically dis- According to the U.S. Energy Infor- developed and commercialized in the qualify an applicant from receiving or mation Administration, consumers United States, it reflects those core possessing a firearm under current law. who heat their homes with natural gas American values, and boosts them all This is one of the loopholes in our gun prices—about 55 percent of U.S. house- around the world. And the United safety laws that should be addressed by holds—are expected to see their heat- States should be proud of the way it Congress. ing bills rise by 48 percent this winter. has handled the growth of the Inter- The Department of Justice reports Those who heat with oil will pay 32 net—particularly in the way it has that since enactment of the 1994 Brady percent more, those who heat with pro- kept the private sector experts in Act, more than 1.2 million applications pane will pay 30 percent more, and charge, and government bureaucrats for firearms transfers have been re- those who heat with electricity will out. jected because disqualifying informa- pay 5 percent more. I have been particularly concerned tion was uncovered during a back- These increases will take the great- the status of the Internet Corporation ground check of the applicant. Of the est toll on the least fortunate among for Assigned Names and Numbers, applications that were rejected in 2004, us. Low-income Americans will have a ICANN, the private, expert body that 44 percent were rejected because the harder time heating their homes and oversees and manages the Internet’s applicant had been convicted of or was may turn their heat down dangerously Domam Name System. This is the under indictment for a felony offense. low in hopes of being able to pay their ‘‘plumbing’’ that makes each Internet In addition, 16 percent were rejected monthly bills. site unique and keeps the Internet a because of domestic violence convic- That is why the LIHEAP program is global unitary network. The United tions or a related restraining order. so important. LIHEAP provides vital States created ICANN and its unique According to the Department of Jus- home energy assistance to low-income model of oversight, with the input of tice statistics, almost 80 percent of the families to help them weatherize their international stakeholders. And U.S. rejected applicants in 2004 had a seri- homes and pay their energy bills. Government oversight of ICANN has ous criminal history, had been involved The Reed amendment would have been critical in making ICANN more in domestic violence, or were identified asked the oil companies that have prof- responsive and more capable of car- as a fugitive. This means that nearly ited so much from recent rising energy rying out its important technical mis- 100,000 times last year, criminals and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13341 known domestic abusers were denied Becoming a cadet wing commander is maneuvers on February 1, many would access to dangerous firearms because of not easy and requires candidates to go have given him the benefit of the doubt background checks required by the 1994 through a rigorous screening process. if he had a workable plan to quickly Brady Act. Only the top two cadets from each of end the conflict. Nine months later, it Unfortunately, not all firearms the academy’s 35 squadrons are nomi- is clear that he does not. One can only transactions are subject to a back- nated to be considered. Then the pool wonder why King Gyanendra thought ground check. The law requires back- is narrowed to 20. Each of the surviving that he could defeat the Maoists by dis- ground checks only for those trans- candidates is closely interviewed by a solving the government, curtailing actions that involve a federally li- board that includes members of the civil liberties, and surrounding himself censed firearms dealer. According to academy’s leadership. with a clique of elderly advisers from the Coalition to Stop Gun Violence I commend Andy for his selection to the discredited, feudalistic Panchayat ‘‘two out of every five guns acquired in be the academy’s cadet wing com- era. the United States; including guns mander. This selection is a real honor The United States, Great Britain, bought at gun shows, through classi- for him, and I know he will not take and India criticized the king’s actions fied ads, and between individuals; his new responsibilities lightly. I wish and have urged him to negotiate with change hands without a background Andy the best as he takes up this im- Nepal’s political parties to restore check.’’ The Coalition to Stop Gun Vio- portant leadership position. democratic government. Unfortu- lence also estimates that ‘‘extending I also applaud the academy’s football nately, although he has released most criminal background checks to all gun coach, Fisher DeBerry, for being such political prisoners and reinstated some transactions in the United States could an outstanding role model for cadets civil liberties, the king has increas- prevent nearly 120,000 additional illegal like Andy. Coach DeBerry is a man of ingly behaved like a despot who is de- gun sales every year.’’ character who, for over 22 years, has termined to consolidate his own power. It is important that we do not in- turned hundreds of cadets into leaders In the meantime, the Maoists de- fringe on the rights of law-abiding citi- while running a top-notch football pro- clared a ceasefire. The violence has re- zens. However, with those rights in gram. I look forward to seeing in the portedly decreased, although abduc- mind and protected, we should not future many more Academy football tions and extortions have continued allow those with a violent or serious players become leaders in our Air apace. Whether the ceasefire is a sin- criminal record to acquire dangerous Force. ister ploy or a sincere overture for firearms. I urge my colleagues to join f peace may never be known, however, me in support of commonsense gun THE SITUATION IN NEPAL because it is due to expire next month and neither the king nor the army has safety legislation, such as the 1994 Mr. LEAHY. It may seem strange indicated a willingness to reciprocate. Brady Act, that will make our nation that on a day when the Congress is de- Against this disheartening backdrop, safer. bating the budget resolution, I would the Congress, on November 10, 2005, ap- f be asking the Senate to turn its atten- proved my amendment to impose new tion for a moment to the remote and AIR FORCE ACADEMY restrictions on military aid for Nepal. tiny nation of Nepal. Mr. ALLARD. Mr. President, in an I do so because for the past several On November 14, President Bush signed era when college football players are years, a ruthless Maoist insurgency it into law. I want to briefly review almost universally derided as trouble- and a corrupt, repressive monarchy what we did, and why. The amendment says that before the makers, stories about football players have brought that impoverished but who become leaders and role models off breathtakingly beautiful country to Nepalese army can receive U.S. aid, the the field are indeed hard to find. One the brink of disaster. It is important Secretary of State must certify that such leader currently exists at the U.S. for the Nepalese people to know that the Government of Nepal has ‘‘restored Air Force Academy. while they may live half a world away, civil liberties, is protecting human Earlier this week the Air Force Acad- the difficulties they are facing have rights, and has demonstrated, through emy announced that Andy Gray, a sen- not gone unnoticed by the U.S. Con- dialogue with Nepal’s political parties, ior cadet, has been selected to take gress. a commitment to a clear timetable to over as the commander of the entire It has been almost 9 months since restore multi-part democratic govern- 4,000-strong cadet wing next semester. Nepal’s King Gyanendra dismissed the ment consistent with the 1990 Nepalese In this position, Andy will serve as the multiparty government, suspended Constitution.’’ chief liaison between the academy’s civil liberties, and arrested the prime This builds on an amendment that leadership and the cadet student body, minister along with other opposition was adopted last year, which required akin to a student body president. political leaders, human rights defend- the Secretary of State to certify that However, Andy is different than the ers, prodemocracy student activists, the Nepalese army was providing average student body president. He has and journalists. unimpeded access to places of deten- received extensive leadership training The king’s explanation was that de- tion and cooperating with the National along with his fellow cadets. He has en- mocracy had failed to solve the Maoist Human Rights Commission, NHRC, to dured the rigorous cadet schedule of problem. He said that he would take resolve security related cases of people academics and military training. And, care of it himself and then restore de- in custody. Unfortunately, the Sec- he has done it all while excelling as a mocracy after 3 years. retary was not able to make the cer- member of the NCAA Division One Air It is true that Nepal’s nascent de- tification. Not only were the NHRC’s Force Academy Falcon football team. mocracy had not solved the Maoist members replaced through a process Andy is only the sixth football player problem. Neither had the king. In the that was contrary to Nepal’s constitu- to be chosen for this leadership role, 41⁄2 years since King Gyanendra as- tion, the International Committee of and the first in 16 years. The last acad- sumed the throne and became com- the Red Cross suspended its visits to emy athlete to serve as the cadet wing mander in chief of the Nepalese army, military detention centers because it commander was Delavane Diaz who the Maoists have grown from a minor was denied the free access it requires. played volleyball for the Falcons in irritant to a national menace. While The Nepalese Government objects to 2003. the Maoists use threats and violence to any conditions on U.S. aid, arguing Andy Gray entered the academy in extort money and property and they that the army needs help to fight the 2000 and played quarterback and defen- abduct children from poor Nepalese vil- Maoists. The army does need help, but sive safety for much of his cadet ca- lagers, the army often brutalizes those it also needs to respect the law and the reer. In the fall of 2004, he was No. 1 on same people for suspicion of supporting rights of the Nepalese people. The Con- the depth chart as quarterback for the the Maoists. Like most armed con- gress took this action only after it Falcons. This past season he played flicts, defenseless civilians are caught could no longer ignore the pattern of safety and had a big interception in the in the middle. arbitrary arrests, disappearances, tor- Air Force Academy’s victory over What the Nepalese people desire most ture and extrajudicial killings by the UNLV. is peace. Despite the king’s autocratic army. The army’s abusive conduct,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13342 CONGRESSIONAL RECORD — SENATE November 18, 2005 coupled with the king’s repressive ac- might create an opening for agreement State Medicaid programs cover their tions since February 1, have contrib- on a democratic process, with the sup- drug costs, but as of January 1, they uted to a political crisis that threatens port of international mediation, that will be switched to the less generous not only the future of democracy but can finally begin to address the pov- Medicare program, and the States will the monarchy itself. erty, corruption, discrimination and be prohibited from using Medicaid to Economic aid to support health, agri- other social ills that have fueled the provide better coverage. culture, hydropower, and other pro- conflict. The people of Nepal, who for We need to make changes to the pro- grams through nongovernmental orga- generations have suffered far more gram now so that our seniors do not nizations is not affected by my amend- than their share of hardship and injus- suffer. That is why I am a proud co- ment. If the situation changes and the tice, deserve no less. sponsor of several bills that will Secretary of State certifies that the f change the harshest parts of this pro- conditions in U.S. law have been met, gram. We must allow Medicare to nego- military aid can resume. But that MEDICARE PRESCRIPTION DRUG tiate on behalf of seniors for lower drug alone will not solve the Maoist prob- BENEFIT prices. We must allow States to use lem. The Maoists are expert at intimi- Mrs. BOXER. Mr. President, last Medicaid to improve the drug coverage dating the civilian population and car- Tuesday the open enrollment period for of the sickest and poorest seniors. We rying out surprise attacks and melting the Medicare Part D prescription drug must end the coverage gap for all sen- back into the mountains. While they program began. This program has been iors. We must allow seniors more time do not have the strength to defeat the praised by the administration as a to understand the program before they army, neither can they be defeated great benefit for seniors, but I can tell are required to enroll. militarily. you that seniors are not so sure. Ac- Mr. President, these changes are The only feasible solution is through cording to a survey conducted by the needed—and needed now. Without a democratic political process that has Kaiser Family Foundation, only 20 per- them, the promise of a Medicare pre- the broad support of the Nepalese peo- cent say they will sign up. Over one- scription drug benefit may turn out to ple. Perhaps seeking to placate his third say they won’t, and the rest don’t be a hollow one. critics, the king, without consulting know what they are going to do. f the political opposition parties, an- One thing we do know for sure is that THE 30TH ANNIVERSARY OF THE nounced municipal elections for Feb- seniors are confused and scared. I have INDIVIDUALS WITH DISABILITIES ruary 8, 2006. Not surprisingly, the par- received over 4,000 letters from them EDUCATION ACT. ties say they will not participate in an telling me so. And why wouldn’t they Mr. KENNEDY. Mr. Chairman, I was electoral process dictated by the palace be. They have a series of complicated proud to serve on the Education Com- and when the army and the king’s decisions to make. mittee when it recommended the origi- handpicked representatives have taken First, they have to decide whether nal Education for the All Handicapped control of local affairs and are unlikely they want drug coverage. Do they al- Children Act in 1975, and I am proud to to relinquish power. ready have drug coverage that is better The U.S. Embassy is skeptical of the or just as good as what is offered under join Senator ENZI today as a sponsor of this resolution, which recognizes the Maoists’ intentions and has publicly the plan? And if they don’t, do the major impact of the law on the lives of discouraged the political parties from costs of the plan exceed the benefits? disabled children and their families forging an agreement with the Maoists. And what will happen in the future? across the Nation, by guaranteeing the This is understandable, since the Should they sign up now to avoid the right of every disabled child to a free Maoists have used barbaric tactics that penalty for signing up late? public education. Second, if they do decide to join the should be universally condemned. But We know that disabled does not mean this conflict cannot be won militarily program, what plan do they choose? In unable. Children with disabilities have and the king has rejected a political California, 18 companies are providing the same dreams as every other child accommodation with the country’s 47 stand-alone prescription drug plans. in America to grow up and lead a democratic forces. He is imposing new These plans all have different pre- happy and productive life. We know restrictions on the media and civil so- miums, copays, and lists of drugs they that IDEA helps them fulfill that ciety, and he has spumed offers by the will cover. For those in managed care dream. international community to mediate. plans, if they choose one of the stand- It says children cannot be cast aside Nepal’s younger generation, who see no alone drug plans instead of their man- or locked away because they have a role for the monarchy in Nepal’s fu- aged care plan, they will lose their disability. Those days are gone in ture, are taking to the streets. It may health coverage. America—hopefully forever. not be long before the army is faced In addition, seniors must make sure Children with disabilities have rights with a fateful choice. Will it continue that their neighborhood pharmacy ac- like every other child in America, in- to side with the palace even if it means cepts the plan. Otherwise, they will end cluding the right to learn with other turning its weapons on prodemocracy up having to find a new pharmacy that children in public schools and prepare protesters and facing international is probably less convenient. And after themselves for the future. censure, or will it cast its lot with the all that, any plan can—on 60 days no- But even as we celebrate 30 years of people? tice—change the list of drugs it covers. continuing success in the education of It is a choice that we may also have Seniors, however, can change their disabled children, we continue to hear to make. For the better part of a year, plans only once a year. objections to the act’s high cost, its pa- the United States and others friends of If seniors do choose to participate, perwork, and the burden of litigation. Nepal, as well as many brave Nepalese the benefit itself is meager. There is a Those are important considerations, citizens, have tried to nudge the king large coverage gap—the so-called donut but we can’t let them overwhelm the back toward democracy. It has not hole—so seniors must pay 100 percent vast benefit of IDEA. worked. With the king increasingly im- of drug costs once they spend $2,250 and The act is about disabled children perious and isolated and the political before they spend $5,100. Moreover, and their rights. It is about their hopes parties already making overtures to there is nothing in the program that and dreams of living independent and the Maoists, what is to be lost by call- will actually lower the cost of prescrip- productive lives. It is about parents ing for the Maoists to extend the tion drugs, and, in fact, Medicare is ex- who love their children and struggle ceasefire, for the army to reciprocate, pressly prohibited from negotiating for for them every day against a world for international monitors to verify lower prices. that is too often inflexible and unwill- compliance, and for representatives of Mr. President, the seniors who are ing to meet their needs. It is about all sectors of society who support a the sickest and poorest have the most teachers who see the potential inside a democratic, peaceful Nepal to sit down to lose with this new program. Those disabled child, but don’t have the sup- at the negotiating table? 6.1 million seniors are eligible for both port or training they need to fulfill it. There are no guarantees, but it would Medicaid and Medicare. They are IDEA is our declaration as a nation test the Maoists’ intentions and it known as dual eligibles. Currently, that these children matter and that we

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13343 will do all we can to help their parents 50TH ANNIVERSARY OF THE DEDI- the summer of 1955. Due to space limi- and teachers and communities achieve CATION AND OPERATION OF THE tations, only 306 young men were ad- their education goals. That is why the U.S. AIR FORCE ACADEMY mitted into the first class, the class of government should make a clear com- Mr. ALLARD. I rise today to cele- 1959. Thousands of applications were mitment to provide adequate funds for brate the 50th anniversary of the dedi- reduced to a few hundred, and those se- special education. What is needed is a cation and operation of the U.S. Air lected were truly America’s ‘‘cream of solid education plan for each child, a Force Academy, located in my home the crop’’. way to chart the child’s progress, and a State of Colorado. It has been a privi- Dedication Day began with the ar- way to hold schools accountable if they lege for Colorado to host the Academy rival of 306 young men on July 11, 1955. fall short. That is not placing an unfair for more than five decades. The Acad- The morning was spent processing such burden on schools. It is the correct ex- emy’s outstanding record of turning as fitting uniforms and getting hair- pectation of a decent school system in cadets into officers of integrity and cuts. By 11 a.m. they were all lined up America. honor is a source of pride for many in for intensive drill instruction. That Brown v. the Board of Education Colorado. afternoon, the stands were filled with struck down school segregation by race Yet sometimes when we drive on I–25 over 4,000 military and civilian dig- and said that all children deserve equal and pass the Air Force Academy’s nitaries, public officials, foreign at- access to education under the Constitu- beautiful campus, we assume that taches, cadets from West Point and An- tion. But it wasn’t until the passage of Academy has always been there. It is napolis, press, and parents. With a the Education for the Handicapped Act easy to forget the hard work it took to flight of B–36 bombers flying overhead in 1975 that the Brown decision had get the Academy to Colorado in the and the USAF band playing, the 306 ca- real meaning for children with disabil- first place dets marched on the field in a near per- It all began in May of 1949 when then- ities. fect formation. Secretary of Defense James Forrestal Only then did we finally end school appointed a commission to evaluate At the time no one could have pre- segregation by disability and open the the general education for each military dicted that this small class would turn doors of public schools to disabled chil- service. This commission was chaired out Rhodes Scholars, numerous general dren. Only then did the Nation’s 4 mil- by Robert L. Stearns, president of the officers and even All-American football lion disabled children begin to have the University of Colorado and father-in- players. Surprisingly, before they were same opportunities as other children to law of Supreme Court Justice Byron to graduate, they would lead their foot- develop their talents, share their gifts, ‘‘Whizzer’’ White. The commission also ball team to an undefeated season and and lead productive lives. included other notables such as GEN. a tie in the 1959 Cotton Bowl, one of We must never go back to the days Dwight D. Eisenhower, who was then the most underrated achievements in when disabled children were denied president of Colombia University. The the history of major college sports. public education, when few if any pre- Stearns Board quickly agreed that the LTG Hubert Harmon retired with school children with disabilities re- U.S. Air Force needed an academic in- lung cancer before the first class grad- ceived services, and when the disabled stitution of excellence and that such uated in 1959. He will be remembered were passed off to institutions and sub- an Academy should be established for his tireless work and dedication to standard schools to be kept out of sight without delay. the establishment of the Academy. He and out of mind. Congress authorized the creation of was the first person interred at the Air the Air Force Academy in 1954. To de- We have made immense progress Force Academy Cemetery and is recog- termine a site for the new institution, nized by many as the ‘‘Father of the since those days. Six and a half million then-Secretary of the Air Force Harold Air Force Academy.’’ children with disabilities now receive E. Talbott, appointed a team of indi- special education services. Almost all viduals to assist him. The Air Force Major General Briggs took over as of them—96 percent—are learning Academy Site Selection Board, as it the Academy’s second superintendent, alongside their nondisabled fellow stu- was called, reviewed more than 580 lo- and during his tour of duty there, in dents. cations in 34 States, and narrowed the 1958, the wing of 1,145 cadets moved to The number of young children with field down to 7, 1 of which was Colorado its present site from Denver. A year early development problems who re- Springs, CO. A year later, the majestic later, the Academy received its accred- ceive childhood services has tripled in 14,000 acre area in the foothills of the itation, and on March 3, 1964, the au- the past 30 years. More disabled stu- Rocky Mountains near Colorado thorized strength of the cadet wing was dents are participating in State and Springs was chosen by Secretary increased to 4,417. In 1976, women were national testing programs. Graduation Talbott to be the site for the new U.S. admitted for the first time into the rates and college enrollment rates for Air Force Academy. Academy. The first class of women disabled students are steadily rising. The selection of the site, however, graduated in May 1980. The opportunities for further would prove to be easy part. The design To date, more than 35,000 cadets have progress are boundless. We know far and construction of the permanent lo- graduated from the Academy. The more about disability today than a cation would take years to complete. achievements of those who have grad- quarter century ago. We have much In the meantime, the Air Force had to uated from the Academy have been greater understanding of childhood dis- find an alternate site so classes and many: 315 of these graduates have be- abilities, and how to help all such chil- training could begin. Lowry Air Force come general officers, to include dren to learn and achieve. We are find- Base in Denver took on this mission former Chiefs of Staff of the Air Force, and hosted the Academy until perma- ing out more and more each year about Generals Ronald Fogelman and Mike nent buildings could be constructed. the power of technology to enable Ryan, 32 cadets have been selected as The Academy staff was activated in these children to lead independent Rhodes Scholars, and 539 have entered the summer of 1954 when LTG Hubert medical school. lives. It means they can communicate Harmon, who had previously served as with others, explore the world on the special assistant for Air Force Acad- Even more important, 128 graduates Internet, and move in ways we couldn’t emy matters and was a member of the have given their lives in the defense of have imagined 5 years ago, much less 1949 Air Academy Site Selection Board, our Nation, and 36 have been prisoners in 1975 when the law was first enacted. assumed command. President Eisen- of war. We honor those who have I hope all our colleagues will join us hower, a West Point classmate and served our Nation with such sacrifice in recognizing the extraordinary role of close personal friend of General Har- and patriotism. IDEA in protecting the rights and mon, personally selected him as the Over the years, the Air Force Acad- broadening the opportunities available first superintendent, stating ‘‘Doodles’’ emy has had to confront several dif- to children with disabilities. Let’s Harmon would be the best man for the ficult challenges. The institution has work together to renew our commit- job. risen above these challenges and, in its ment to IDEA and fulfill its great The staff had only 11 months to pre- quest for excellence, has become a promise of hope for the future. pare for the arrival of the first class in model for other academic institutions

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13344 CONGRESSIONAL RECORD — SENATE November 18, 2005 to follow. The Air Force Academy con- $30,000 compared to just 8.7 percent most fiscally responsible Senators by tinues to be recognized as an invalu- who had AGI of $200,000 or more. In Ari- nonpartisan watchdog groups, but I able proving ground for tomorrow’s zona, 18 percent of all filers reported don’t support paygo because it has military leaders. capital gains income, and of those re- nothing to do with budget discipline As we look back at the establishment porting capital gains income, 32 per- when applied to taxes. The fact is, of the Academy, we cannot help but be cent had AGI under $30,000. paygo simply does not work. Ameri- thankful to those who worked so hard The story is similar for tax filers re- cans are not undertaxed; our problem to establish the Academy in Colorado. porting dividend income. Nationwide, is that Congress spends too much, and The citizens of Colorado are indeed 23 percent of all filers reported divi- paygo will do nothing to control the honored to have this institution in our dend income in 2003. Of all filers report- fastest growing part of the Federal beloved State. We have stood by the ing dividend income in 2003, 30.6 per- budget: mandatory spending. Paygo Academy through both the good and cent had AGI under $30,000 compared to only applies to new spending or tax tough times. We in Colorado continue 6.9 percent who had AGI of $200,000 or cuts; it does not apply to existing man- to believe in the Academy’s mission more. In Arizona, 22 percent of all fil- datory programs that grow unchecked and support the institution’s effort to ers reported dividend income and, of year after year without Congress act- train officers of integrity and honor. those filers reporting dividend income, ing. Mandatory spending will grow We salute the Air Force Academy’s 50 32 percent had AGI under $30,000. from just over half of total Federal years of success and look forward to But beyond the number of taxpayers spending this year to two-thirds of many more decades to come. who have benefited directly, the most total Federal spending by 2015, and f important thing to know about these paygo will do nothing to control it. So lower rates that were enacted in 2003 is paygo is a false solution that is de- PREVENTING TAX INCREASES that they are working. At the lower signed to prevent us from extending Mr. KYL. Mr. President, I want to rates, the tax penalty imposed on the tax cuts—from making sure tax rates take some time to discuss the impor- additional investment earnings—the do not increase automatically—but tance of preventing tax increases that reward from taking on additional that does nothing to prevent spending are scheduled to occur over the next risk—is smaller, and thus makes the from increasing automatically. several years. risk more attractive. When investors I talked earlier about the extension The budget resolution conference get to keep more of their reward, they of the dividend and capital gains tax agreement reached in April provides are encouraged to invest more; with rates that I expect to be added to the reconciliation protection for $70 billion more investment, businesses have an reconciliation bill in conference. I also of tax reductions over 5 years, with the easier time attracting the capital they want to mention some of the provisions direction that the allocation be used to need to expand, create new goods and that are already in the bill. It extends prevent tax increases during the budg- services, and also create more jobs. It for 1 more year the increased exemp- et window. This sent a signal to inves- is all of this additional economic activ- tion amounts for the alternative min- tors that capital gains and dividends ity that creates economic growth. imum tax that are scheduled to expire tax rates would be extended through All Americans have benefited as the at the end of the year. Clearly, Con- 2010. I am disappointed that the legisla- economy has rebounded with the help gress must address the problem of the tion approved by the Senate does not of these tax policies. Whether you em- AMI in a comprehensive way, but until meet that expectation. Fortunately, braced these lower rates at the time or we can agree on a solution we must not the bill approved by the Ways and not, everyone must now acknowledge allow the increased exemption amounts Means Committee in the other body that since the 2003 tax relief legislation to expire. If we allow these exemption does, and I pledge to all investors that was signed into law, gross domestic amounts to fall back to their pre-2001 I will continue to work for that out- product has grown by more than 3 per- levels, millions of middle-income come. Indeed, the Senate majority cent for 10 straight quarters, most re- American families will get hit by the leader pledged that he would not bring cently expanding at a 3.8-percent an- AMT. The bill also prevents the AMT the bill back from conference without nual rate in the third quarter. The from eroding certain credits. an extension of these investment tax United States remains the fastest rates. Similarly, the administration re- growing major industrialized country The tax reconciliation bill also in- leased its Statement of Administration in the world. Business investment had cludes an extension of the increased Policy on the bill, which urged Con- fallen in nine consecutive quarters be- small business expensing amounts. gress to extend the lower rates for cap- fore the 2003 bill’s passage, but cutting Under current law, small businesses ital gains and dividends, noting, taxes on capital helped reverse that de- can deduct the cost of qualified invest- ‘‘These extensions are necessary to cline. In the last nine consecutive ments in the first year they are made, provide certainty for investors and quarters, business investment in- up to $100,000 indexed for inflation. businesses and are essential to sus- creased at a 6.9-percent annual rate. After 2007, this amount will drop back taining long-term economic growth.’’ The strong economy has had a very to $25,000. The bill extends the in- The tax reconciliation bill is in- positive effect on the Government’s fi- creased amount through 2009. Allowing tended to prevent tax increases by ex- nances, as more revenue is flowing into them to expense a greater portion of tending ‘‘widely applicable’’ tax provi- the Treasury even at the lower tax their investments enables small busi- sions. My colleagues might find it in- rates. As a share of the Nation’s GDP, nesses, which create most new jobs, to teresting that more taxpayers benefit the 2005 deficit was 2.6-percent—down invest and grow. from the lower rates on dividends and from the 3.6-percent share in 2004. In The bill also includes an extension of capital gains than benefit from any of fiscal year 2005, taxpayers sent $274 bil- the saver’s credit. The saver’s credit is the provisions included in the tax rec- lion more in revenue to Washington a nonrefundable tax credit that encour- onciliation bill approved by the Sen- than the year before and $100 billion ages low-income taxpayers to make ate. For example, nationwide, fewer more than the Congressional Budget contributions to an employer-provided than 8 million filers were helped by the Office predicted. Clearly the American retirement savings plan or an IRA. The AMT hold-harmless provisions in 2003, taxpayers are doing their part. tax reconciliation bill extends the while more than 30 million filers re- Yet some of my colleagues claim that credit through 2009; it is currently ported dividend income and more than we cannot afford to keep these lower scheduled to expire at the end of 2006. 22 million reported capital gains In- rates, even though they have spurred The bill also extends the above-the- come. economic growth, because we are still line deduction for college-tuition ex- Nationwide, 17 percent of all tax fil- running a deficit. If We are to keep penses. Under current law, the provi- ers reported capital gains in 2003, the these tax rates, they argue, we must sion that allows a taxpayer to take an most recent year for which statistics raise taxes someplace else. What they above-the-line deduction for the cost of are available. Of all filers reporting are seeking is a flawed form of budget college tuition expires at the end of capital gains income in 2003, 30.1 per- discipline called paygo or pay-as-you- 2005. The tax reconciliation bill would cent had adjusted gross income under go. I am consistently rated one of the extend it through 2009, which will

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13345 make it easier for families and stu- section 402 of that resolution, provi- result, the enclosed current level report ex- dents to plan for their educational ex- sions designated as emergency require- cludes these amounts (see footnote 1 on penses. ments are exempt from enforcement of Table 2). The bill extends for an additional the budget resolution. As a result, the Since my last letter, dated September 22, 2005, the Congress has cleared and the Presi- year an entire group of business tax in- attached report excludes these dent has signed the following acts that centives that generally expire on a amounts. changed budget authority, outlays, or reve- yearly basis. Many of these provisions The estimates show that current nues: should be made permanent, and some level spending is under the budget reso- An act making continuing appropriations others probably could be allowed to ex- lution by $26.874 billion in budget au- for Fiscal Year 2006 (Public Law 109–77); pire. Some of the provisions that I thority and by $10.974 billion in outlays Natural Disaster Student Aid Fairness Act strongly support include the 15-year in 2006. Current level for revenues is (P.L. 109–86); depreciation-recovery period for res- $17.308 billion above the budget resolu- Community Disaster Loan Act of 2005 tion in 2006. (Public Law 109–88); taurant improvements, the 15-year de- Homeland Security Appropriations Act, preciation-recovery period for lease- Since my last report, dated Sep- tember 26, 2005, the Congress has 2006 (Public Law 109–90); hold improvements, and the extension Medicare Cost Sharing and Welfare Exten- and improvement of the research and cleared and the President has signed sion Act of 2005 (Public Law 109–91); development tax credit. the following acts that changed budget Agriculture Appropriations Act, 2006 (Pub- Finally, the Senate-passed tax rec- authority, outlays, or revenues: An act lic Law 109–97); onciliation bill includes several busi- making continuing appropriations for An act to extend the special postage stamp ness tax incentives designed to encour- Fiscal Year 2006, P.L. 109–77; Natural for breast cancer research for two years Disaster Student Aid Fairness Act, (Public Law 109–100); and age investment in the hurricane-rav- Foreign Operations Appropriations Act, aged area of the southeastern United P.L. 109–86; Community Disaster Loan Act of 2005, P.L. 109–88; Homeland Se- 2006 (Public Law 109–102). States. These include financing incen- In addition, Congress cleared, and sent to tives and depreciation provisions to en- curity Appropriations Act, 2006, P.L. the President for his signature, the Energy courage business investment, and are 109–90; Medicare Cost Sharing and Wel- and Water Appropriations Act, 2006 (H.R. very time-sensitive. We must encour- fare Extension Act of 2005, P.L. 109–91; 2419) and the State, Justice, and Commerce age businesses to rebuild in the gulf Agriculture Appropriations Act, 2006, Appropriations Act, 2006 (H.R. 2862). coast area; these particular incentives P.L. 109–97; An act to extend the spe- The effects of the actions listed above are cial postage stamp for breast cancer re- detailed in the enclosed tables. The tables have proven successful in other areas also reflect an adjustment to exclude admin- and I expect they will be successful in search for 2 years, P.L. 109–100; and, Foreign Operations Appropriations istrative expenses of the Social Security ad- the Gulf region as well. ministration, which are off-budget. So, Mr. President, this tax reconcili- Act, 2006, P.L. 109–102. In addition, the Sincerely, ation bill is not perfect, but it does in- Congress has cleared the Energy and DONALD B. MARRON clude several very important provi- Water Appropriations Act, 2006, H.R. (For Douglas Holtz-Eakin, Director). sions. I am confident we will make the 2419, and the State, Justice, and Com- merce Appropriations Act, 2006, H.R. necessary improvements by adding an TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- extension of the lower rates for divi- 2862. I ask unanimous comment that the ING AND REVENUES FOR FISCAL YEAR 2006, AS OF dends and capital gains once we get the NOVEMBER 16, 2005 bill into conference with the House. report be printed in the RECORD. There being no objection, the mate- [In billions of dollars] f rial was ordered to be printed in the Current BUDGET SCOREKEEPING REPORT RECORD, as follows: Budget Current level over/ U.S. CONGRESS, resolution1 level2 under(-) Mr. GREGG. Mr. President, I hereby resolution CONGRESSIONAL BUDGET OFFICE, submit to the Senate the budget Washington, DC, November 17, 2005. ON-BUDGET: scorekeeping report prepared by the Hon. JUDD GREGG, Budget Authority ...... 2,094.4 2,067.5 ¥26.9 Congressional Budget Office under Sec- Outlays ...... 2,099.0 2.088.0 ¥11.0 Chairman, Committee on the Budget, U.S. Sen- Revenues ...... 1,589.9 1,607.2 17.3 tion 308(b) and in aid of section 311 of ate, Washington, DC. OFF-BUDGET: the Congressional Budget Act of 1974, DEAR MR. CHAIRMAN: The enclosed tables Social Security Outlays3 .. 416.0 416.0 0 Social Security Revenues 604.8 604.8 0 as amended. This report meets the re- below show the effects of Congressional ac- quirements for Senate scorekeeping of tion on 2006 budget and are current through SOURCE: Congressional Budget Office. November 16, 2005. This report is submitted 1. H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal section 5 of S. Con. Res. 32, the first Year 2006, assumed the enactment of emergency supplemental appropria- under section 308(b) and in aid of section 311 tions for fiscal year 2006, in the amount of $50 billion in budget authority concurrent resolution on the budget for of the Congressional Budget Act, as amend- and approximately $62.4 billion in outlays, which would be exempt from the 1986. ed. enforcement of the budget resolution. Since the current level totals exclude The estimates of budget authority, out- the emergency appropriations in Public Laws 109–13, 109–61, 109–62, This report shows the effects of con- 109–268, 109–73, 109–77 and 109–88 (see footnote 1 on Table 2), the gressional action on the 2006 budget lays, and revenues are consistent with the budget authority and outlay totals specified in the budget resolution have through November 16, 2005. The esti- technical and economic assumptions for fis- also been reduced (by the amounts assumed for emergency supplemental cal year 2006 that underlie H. Con. Res. 95, appropriations) for purposes of comparison. mates of budget authority, outlays, 2. Current level is the estimated effect on revenue and spending of all the Concurrent Resolution on the Budget for legislation that the Congress has enacted or sent to the President for his and revenues are consistent with the Fiscal Year 2006. Pursuant to section 402 of approval. In addition, full-year funding estimates under current law are in- technical and economic assumptions of that resolution, provisions designated as cluded for entitlement and mandatory programs requiring annual appropria- tions even if the appropriations have not been made. the 2006 concurrent resolution on the emergency requirements are exempt from 3. Excludes administrative expenses of the Social Security Administration, budget, H. Con. Res. 95. Pursuant to enforcement of the budget resolution. As a which are off-budget. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2006, AS OF NOVEMBER 16, 2005 [In millions of dollars]

Budget au- thority Outlays Revenues

Enacted in Previous Sessions: Revenues ...... n.a. n.a. 1,607.650 Permanents and other spending legislation ...... 1,293,011 1,250,287 n.a. Appropriation legislation ...... 0 382,272 n.a. Offsetting receipts ...... ¥479,872 ¥479,872 n.a. Total, enacted in previous sessions: ...... 813,139 1,152,687 1,607,650 Enacted This Session: Authorizing Legislation: TANF Extension Act of 2005 (P.L. 109–19) ...... 148 165 0 An act approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2005 (P.L. 109–39) ...... 0 0 ¥1 Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (P.L. 109–53) ...... 27 27 ¥3 Energy Policy Act of 2005 (P.L. 109–58) ...... 141 231 ¥588 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (P.L. 109–59) ...... 3,444 36 9 National Flood Insurance Program Enhanced Borrowing Authority Act of 2005 (P.L. 109–65) ...... 2,000 2,000 0 Pell Grant Hurricane and Disaster Relief Act (P.L 109–66) ...... 2 2 0 TANF Emergency Response and Recovery Act of 2005 P.L. 109–68) ...... ¥4,965 105 0

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13346 CONGRESSIONAL RECORD — SENATE November 18, 2005 TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2006, AS OF NOVEMBER 16, 2005— Continued [In millions of dollars]

Budget au- thority Outlays Revenues

Natural Disaster Student Aid Fairness Act (P.L. 109–86) ...... 36 18 0 Community Disaster Loan Act of 2005 (P.L. 109–88) ...... 751 376 0 Medicare Cost Sharing and Welfare Extension Act of 2005 (P.L. 109–91) ...... 354 341 0 An act to extend the special postage stamp for breast cancer research for two years (P.L. 109–100) ...... ¥1 ¥1 0 Appropriation Acts: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13) ...... ¥39 ¥21 11 Interior Appropriations Act, 2006 (P.L. 109–54) ...... 26,211 17,301 122 Legislative Branch Appropriations Act, 2006 (P.L. 109–55) ...... 3,804 3,185 0 Homeland Security Appropriations Act, 2006 (P.L. 109–90) ...... 31,860 19,306 0 Agriculture Appropriations Act, 2006 (P.L. 109–97) ...... 99,333 57,310 0 Foreign Operations Appropriations Act, 2006 (P.L 109–102) ...... 20,979 8,164 0 Total enacted this session: ...... 184,085 108,545 ¥450 Continuing Resolution Authority: Continuing Resolution, 2006 (P.L. 109–77) ...... 615,060 392,014 0 Passed pending signature: Energy and Water Appropriations Act, 2006 (H.R. 2419) ...... 30,459 19,604 0 State, Justice, and Commerce Appropriations Act, 2006 (H.R. 2862) ...... 58,2190 35,763 0 Total, passed pending signature ...... 88,669 55,367 0 Entitlements and mandatories: Difference between enacted levels and budget resolution estimates for appropriated entitlements and other mandatory programs ...... 366,557 379,409 n.a. Total Current Level 1,2/ ...... 2,067,510 2,088,022 1,607,200 Total Budget Resolution ...... 2,144,384 2,161,420 1,589,892 Adjustment to budget resolution for emergency requirements 3/ ...... ¥50,000 ¥62,424 n.a. Adjusted Budget Resolution ...... 2,094,384 2,098,996 n.a Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 17,308 Current level Under Adjusted Budget Resolution ...... 26,874 10,974 n.a. 1. Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the cur- rent level totals exclude: $30,757 million in outlays from the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13); $7,750 million in outlays from the Emergency Sup- plemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (P.L. 109–61); $21,841 million in outlays from the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (P.L. 109–62); $200 million in budget authority and $245 million in outlays from the TANF Emergency Response and Recovery Act of 2005 (P.L. 109–68); ¥$3,191 million in revenues and $128 million in budget authority and outlays from the Katrina Emergency Tax Relief Act of 2005 (P.L. 109–73), $47,743 million in budget authority and $26,543 million in outlays from the Continuing Resolution (P.L. 109– 77), and ¥$751 million in budget authority from the Community Disaster Loan Act of 2005 (P.L. 109–88). 2. Excludes administrative expenses of the Social Security Administration, which are off-budget. 3. H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, assumed the enactment of emergency supplemental appropriations for fiscal year 2006, in the amount of $50,000 million in budget authority and $62,424 million in outlays, which would be exempt from the enforcement of the budget resolution. Since the current level totals exclude the emergency appropriations in P.L. 10–13, P.L. 109–61, and P.L. 109–62 (see footnote 1 above), the budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. Notes: n.a. = not applicable; P.L. = Public Law. Source: Congressional Budget Office.

NOMINATIONS OF WILLIAM Commission arguing against giving the Clearly, the oil companies are not sim- KOVACIC AND THOMAS ROUSCH agency additional authority to protect ply passing on higher crude oil costs Mr. WYDEN. Mr. President, when it consumers against price gouging at the but are also adding on substantial in- comes to energy, the Federal Trade gas pump. For example, the FTC Chair- creases to the cost of gasoline above Commission, FTC, is basically out of man recently made statements oppos- and beyond the higher crude costs. the consumer protection business. ing Federal price gouging laws, because Since the early 1970s, there has never Well over a year ago, I released a re- ‘‘they are not simple to enforce’’ and been the kind of disparity between in- port documenting the Federal Trade that they could do more harm to con- creases in the price of gasoline and the Commission’s campaign of inaction sumers. increase in the price of crude oil that when it comes to protecting consumers But 28 States already have price we are seeing today. We didn’t see this at the gas pump. My report docu- gouging laws on their books and two great of a price difference even in the mented how the FTC has refused to state attorney General testified at last days of the longest gas lines following challenge oil industry mergers that the week’s joint hearing by the Senate En- the OPEC embargo. Government Accountability Office says ergy and Commerce Committees that Over the past 30 years, gasoline have raised gas prices at the pump by these laws are more beneficial than prices never rose more than 5 percent 7 cents a gallon on the West Coast. My harmful to consumers. higher in a year than the cost of crude report also documented how the FTC In her testimony before the joint increased. But in the past year, gas failed to act when refineries have been Senate hearing last week, FTC Chair- price increases outpaced crude by 36 shut down or to stop anti-competitive man Majoras described what I consider percent. And since Hurricane Katrina, practices like redlining and zone pric- to be an astounding theory of con- the price difference has soared even ing. sumer protection when she essentially higher to 68 percent. Since then, nothing has changed. said there is no need for Federal price Further evidence of price gouging Despite the recent record-high prices gouging laws no matter how high the can be found in what happened on the for consumers and record profits by big price goes. She argued that gasoline west coast immediately following Hur- oil companies, we are seeing a record price gouging was a ‘‘local issue’’ even ricane Katrina when prices surged 15 level of inaction by the Federal Trade if the price gouger was a multinational cents per gallon overnight. For years, Commission, FTC, on behalf of energy oil company. oil industry officials, the Federal consumers. FTC officials also recently testified Trade Commission and other govern- In the last few months, when the before Congress that the agency has no ment agencies have maintained that price of gasoline soared to an all-time authority to stop price gouging by in- the west coast is an isolated gasoline record-high level, the FTC has been in- dividual oil companies. Despite this market from the rest of the country. visible. As far as I can tell, the FTC clear gap in the agency’s authority, the West coast supplies were not affected failed to take any action at all in the FTC has refused to say what additional by the hurricane. The west coast gets wake of hurricanes in the gulf that authority it needs to go after price almost none of its gasoline from the sent the price of gasoline skyrocketing gouging, as I have pressed them to do gulf. If the west coast is an isolated to over $3 a gallon nationwide. for years. market as the oil industry has claimed If you do a Google search on the Mr. President and colleagues, there is for years, then Katrina is no justifica- ‘‘FTC and gasoline prices,’’ nothing gasoline price gouging going on today tion for jacking up gas prices on the comes up that shows the FTC is taking and it didn’t start with Hurricane west coast immediately after the hurri- any action on behalf of energy con- Katrina. As The Wall Street Journal cane hit. sumers. documented in September, gasoline The FTC is the principal consumer What you will find are statements by prices have increased twice as fast as protection agency in the Federal Gov- the Chairman of the Federal Trade crude oil price during the past year. ernment. It is the Federal agency that

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13347 can and should take action when gaso- concentrated markets, oil companies To give one example, the FTC cre- line markets are going haywire as they don’t need to collude in order to raise ated a ‘‘Do Not Call’’ program to pre- have both before and since Hurricane prices. The FTC’s former General vent consumers from being hassled at Katrina. Counsel William Kovacic has said that home by telemarketers. With its ‘‘Do But instead of action, we have ex- ‘‘It may be possible in selected markets Not Call’’ program, the agency pushed cuses. In the past, the FTC often for individual firms to unilaterally in- to protect consumers to the limits of claimed that it was studying the prob- crease prices.’’ In other words, the FTC its authority and even went beyond lem or monitoring gasoline markets as General Counsel basically admitted what the courts said it had authority an excuse for its inaction on gas pric- that oil companies in these markets to do. ing. can price gouge with impunity. Mr. But in the case of energy, the FTC Recently, the FTC’s campaign of in- Kovacis is one of the two nominees for has a regulatory blind spot. And this action has even extended to its studies. FTC Commissioner who is now before has been true in both Democratic and The FTC Chairman testified last week the Senate. Republican administrations. It’s been a that a study of gas price gouging that Despite all this evidence that gaso- bipartisan blind spot that keeps the Congress required the FTC to complete line markets around the country have agency from looking out for gasoline by this month would not be ready until become more concentrated and, in consumers. next spring. these concentrated markets, individual The FTC won’t even speak out on be- Mr. President, the FTC’s campaign of firms can raise prices and extract mo- half of consumers getting gouged at inaction is approaching the point of pa- nopoly profits, the FTC has failed to the gas pump. The agency won’t use its ralysis! take effective action to check oil in- bully pulpit to even say that record- The FTC has continued its program dustry mergers. In the vast majority of high gasoline prices are an issue of con- of inaction on behalf of gasoline con- cases, the FTC took no action at all. cern, that they will be looking at close- sumers despite findings by the U.S. In addition to its inaction in merger ly. Government Accountability Office, cases, the FTC has also failed to act The FTC’s approach on gas prices has GAO, that the FTC’s policies are rais- against proven areas of anti-competi- got to change. I’m not going to support ing prices at the gas pump. tive activity. the business as usual approach on en- In May 2004, GAO released a major Major oil companies are charging ergy we’ve seen for too long at the study showing how oil industry merg- dealers discriminatory ‘‘Azone prices’’ FTC. So, I have asked the Senate lead- ers the FTC allowed to go through dur- that make it impossible for dealers to ership for additional time to study the ing the 1990’s substantially increased compete fairly with company-owned views of the two nominees to the Fed- concentration in the oil industry and stations or even other dealers in the eral Trade Commission, Mr. William increased gasoline prices for consumers same geographic area. With zone pric- Kovacic and Mr. THOMAS Rousch. I just by as much as seven cents per gallon ing, one oil company sells the same on the West Coast. received detailed letters and other doc- gasoline to its own brand service sta- uments from each of them. Specifically, GAO found that during tions at different prices. The cost to the 1990’s the FTC allowed a wave of oil I have asked the leadership for time the oil company of making the gasoline for consultation on these two nomina- industry mergers to proceed, that these is the same. In many cases, the cost of mergers had substantially increased tions, as it is not my intent at this delivering that gasoline to the service time to lodge a formal objection to a concentration in the oil industry and stations is the same, but the price the that almost all of the largest of the oil unanimous consent request to consider service stations pay is not the same. them. I will use the time between now industry mega-mergers examined by And the station that pays the higher and when the Senate returns in Decem- GAO each had increased gasoline prices price is not able to compete. ber to examine their records more by one to two cents per gallon. Essen- Another example of anticompetitive tially, the GAO found that the FTC’s practices now occurring in gasoline carefully and reach a decision as to oil merger policies during the 1990’s markets is a practice known as ‘‘red- whether these individuals are com- had permitted serial price gouging. lining.’’ This involves oil companies mitted to and will in fact work aggres- Two years ago, when the current FTC making certain areas off-limits to sively toward changing the culture of Chairman, Deborah Majoras, came be- independent gasoline distributors inaction at the FTC regarding con- fore the Senate for confirmation, I known as jobbers who could bring com- sumer protection in the energy field. asked her to respond to the GAO’s re- petition to the area. f port. Despite her promise to do so, I The Federal Trade Commission’s own TRIBUTE TO EARL LEE have yet to receive any response from investigation of west coast gasoline MONHOLLAND Chairman Majoras. markets found that the practice of red- The GAO is not alone in documenting lining was rampant in west coast mar- Mr. GRASSLEY. Mr. President, I rise how FTC regulators have been missing kets and that it hurt consumers. But today to mark the loss of one of my in action when it comes to protecting the FTC concluded it could only take staff members and to make a state- consumers at the gas pump. Since 2001, action to stop this anti-competitive ment for The CONGRESSIONAL RECORD oil industry mergers totaling $19.5 bil- practice if the redlining was the result about the good work of this individual lion have been unchallenged by the of out-and-out collusion, a standard for the people of Iowa. Earl Lee FTC, according to an article in that is almost impossible to prove in Monholland died at home on October Bloomberg News. The article also re- court. 31, 2005, due to heart illness, at the age ported that these unchecked mergers In my home State of Oregon, one of 37. Earl worked on my staff for 12 may have contributed to the highest courageous gasoline dealer took on the years as a constituent services spe- gasoline prices in the past 20 years. big oil companies and won a multi-mil- cialist in Davenport, Cedar Rapids, and According to the FTC’s own records, lion dollar court judgment in a case Washington, DC. He was a dedicated the agency imposed no conditions on 28 that involved redlining. This dealer public servant who thoroughly enjoyed of 33 oil mergers since 2001. gave the evidence he used to win his helping Iowans. He was committed to You can see the results of the FTC’s case in court to the Federal Trade providing assistance in a responsive inaction at gas stations in Oregon and Commission. But the Federal Trade and timely manner and to making sure all across America. Nationwide, the Commission the preeminent consumer that whatever could be done got done GAO found that between 1994 and 2002, protection agency in the Federal Gov- behalf of a constituent having prob- gasoline market concentration in- ernment failed to do anything to help lems with the Federal bureaucracy. creased in all but four states. As a re- this dealer or reign in the anti-com- Earl also was an outstanding colleague sult of FTC merger policies, 46 States’ petitive practices at issue in his case. to his fellow staff members, going out gasoline markets are now moderately In areas other than energy, the Fed- of his way to make things work for the or highly concentrated, compared to 27 eral Trade Commission has been a entire team, especially with the com- States in 1994. great consumer protection agency. It puter systems. I greatly appreciate the The FTC, oil industry officials and has not hesitated to move aggressively fine work that Earl did during the last consumer groups all agree that in these to act on behalf of consumers. 12 years and the unassuming way he

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13348 CONGRESSIONAL RECORD — SENATE November 18, 2005 got the job done. There is no doubt cended to the chairmanship of this Com- have been fulfilled beyond his original expec- that Earl Monholland will be missed by mittee. Senator Fulbright, in fact, holds he tations. The program was meant to expand his friends and colleagues on the Grass- record as the longest serving chairman of the ties between nations, improve international ley staff. Foreign Relations Committee, a remarkable commerce, encourage cooperative solutions tenure from 1959 to 1974. to global problems, and prevent war. In his f Since the beginning of the United States book, The Price of Empire, he wrote: ‘‘Edu- 100TH ANNIVERSARY OF THE Senate, there have been only 1884 Senators. cational exchange is not merely one of those nice but marginal activities in which we en- BIRTH OF J. WILLIAM FULBRIGHT Of these, only 48 have served five complete six-year terms. Senator Fulbright is a mem- gage in international affairs, but rather, Mr. LEAHY. Mr. President, Dr. Allan ber of this exclusive club, having served from from the standpoint of future world peace Goodman, President of the Institute 1945 through 1974. At the end of next year, I and order, probably the most important and for International Education, recently would join this group of Senators who have potentially rewarding of our foreign policy passed along a speech that Senator served at least 30 years in the Senate. activities.’’ He called the Fulbright Scholar- Like Senator Fulbright, I discovered the ship Program, ‘‘a modest program with an DICK LUGAR gave at Pembroke College extraordinary challenges and opportunities immodest aim—the achievement in inter- in Oxford, England commemorating the of international education at Pembroke Col- national affairs of a regime more civilized, 100th Anniversary of the Birth of J. lege—my first trip outside of the United rational, and humane than the empty system William Fulbright. States. The parameters of my imagination of power of the past.’’ Senator LUGAR is one of the finest expanded enormously during this time, as I For Senator Fulbright, the program also statesmen in the Senate, and I have en- gained a sense of how large the world was, was intended to give participants a chance to joyed working closely with him on a how many talented people there were, and develop a sense of global service and respon- how many opportunities one could embrace. sibility. Alumni of the program are among number of issues. His speech at Pem- the most visible leaders in their respective broke College highlights his leadership In my first year of residence at Pembroke College, emboldened by Master McCallum’s countries. Over the decades, they have ex- and insight on U.S. foreign policy. Fulbright stories, I decided to write to Sen- plained to their fellow citizens why diplo- I ask unanimous consent that his ator Fulbright. He was in the midst of an macy and international cooperation are im- statement be printed in the CONGRES- embattled relationship with Senator Joseph portant. They have been advocates of inter- SIONAL RECORD so that all Senators can McCarthy of Wisconsin, and he shared with national engagement within governments, see these thoughtful remarks. me his thoughts about the McCarthy era in corporations, schools, and communities that There being no objection, the mate- a series of letters as our correspondence ex- do not always recognize the urgency of solv- panded. I was deeply moved that he took the ing global problems. rial was ordered to be printed in the In August of this year, I traveled to Mo- RECORD, as follows: time to write to me and even more aston- ished to learn, years later, that he had kept rocco, a key U.S. ally and a lynchpin in the THE 100TH ANNIVERSARY OF THE BIRTH OF J. my letters. development of democracy and liberalism in WILLIAM FULBRIGHT He was especially generous to me when I the Arab world. I was there following a hu- My Lords, Ladies, and Gentlemen, it is an became chairman of the Foreign Relations manitarian mission to finalize the release of honor to have the opportunity to deliver this Committee in 1985 for the first time. He the last 404 Moroccan POWs held by the address as we commemorate the 100th anni- wrote: ‘‘It is an unusual coincidence that two Polisario Front since the Algerian-Moroccan versary of Senator J. William Fulbright’s Rhodes men from Pembroke should be Chair- conflict over the Western Sahara. While in birth and celebrate the achievements of a vi- men of the Committee. I think Cecil Rhodes Morocco, I asked our Embassy in Rabat to sionary statesman, humanitarian, and son of would be as pleased as the two Masters of set up a meeting with Moroccan opinion Pembroke College. It is particularly moving Pembroke would be.’’ He continued to offer leaders to discuss bilateral ties and regional to be here in a place that meant so much to encouragement during visits that we enjoyed issues. It has been my experience that in Senator Fulbright and means so much to me. at Senate receptions and reunions. In Sep- most nations, such groups of opinion leaders Last year, I joined 25 of my classmates for tember 1986, I had the great pleasure to join will contain Fulbright alumni. Sure enough, the 50th reunion of the entering Class of 1954 Senator Fulbright at the University of Ar- two of the seven guests had benefited from at Pembroke College, and we have continued kansas, where he had served as President, for study in the United States through the Ful- that reunion through our correspondence. I a celebration of the Fulbright Scholarship bright program—a college President who had was the only American in the College in 1954, Program. done research at Princeton University and a law professor who had done research at but was elected President of the JCR the fol- THE FULBRIGHT PROGRAM AT WORK lowing year in a most generous spirit of George Washington University. Senator Fulbright is known throughout In my judgment, the impact of the Ful- Trans-Atlantic cooperation. The election the world for the educational exchange pro- bright program as a foreign policy tool has provided a spur to my vivid imagination of gram that bears his name. Each year, ap- extended well beyond the accomplishments what might happen in years to come. proximately 2,600 international students re- and understanding of its own participants. It THE EXAMPLE OF SENATOR FULBRIGHT ceive scholarships to study in the United has been the most influential large-scale Soon after I arrived at Pembroke, my States through the Fulbright program. Si- model for promoting the concept of inter- tutor in politics, Master R.B. McCallum, told multaneously, it provides about 1,200 Amer- national education, and it has been the pri- me about his tutorial work with Senator ican students the opportunity to study over- mary validation of the American university William Fulbright of Arkansas. I did not seas. In addition, 1,000 American scholars system to the rest of the world. have the pleasure of serving with Senator and 700 international scholars teach and per- In the United States, we have critiqued Fulbright in the Senate. He left office in form research each year under Fulbright and even lamented some aspects of our pub- 1974, two years before I was elected to rep- grants. Since Senator Fulbright’s legislation lic diplomacy since the end of the Cold War. resent Indiana. But his influence on my ca- passed in 1946, the program has provided But hosting foreign students has been an un- reer and development was profound and per- more than 290,000 participants the chance to qualified public diplomacy success. In nu- manent. study, teach, and conduct research in a for- merous hearings and discussions on public Senator Fulbright and I shared a remark- eign country. As Master McCallum declared diplomacy, the Foreign Relations Committee able number of common experiences, though in 1963, ‘‘Fulbright is responsible for the has heard reports of the impact of foreign ex- generally these. occurred decades apart. greatest movement of scholars across the changes. Of the 12.8 million students enrolled Both Senator Fulbright and I won Rhodes face of the earth since the fall of Constanti- in higher education in the United States dur- Scholarships after earning our bachelor’s de- nople in 1453.’’ ing the last academic year, almost 600,000— grees. Both of us chose to study at Pembroke Fulbright students and scholars are se- some 4.6 percent—were foreign under- College. Both of us focused much attention lected according to academic achievement graduate and graduate students. My home on government and economics while at Ox- and leadership potential. Alumni of the pro- state of Indiana currently is the temporary ford. And both of us were blessed with the gram have received 35 Nobel Prizes, 65 Pul- home of about 13,500 foreign students. The same tutor, R. B. McCallum. Senator Ful- itzer Prizes, 22 MacArthur Foundation ‘‘ge- success of American universities with for- bright studied under the Master near the be- nius’’ awards, and 15 U.S. Presidential Med- eign students would not have been as pro- ginning of his career, while I was tutored als of Freedom. found without the stimulation of foreign in- much later. The Fulbright Program’s remarkable con- terest in American higher education pro- Both of us were elected to the Senate from tributions to the development of the 290,000 vided by the Fulbright program. our home states—Arkansas in his case, and participants provide ample justification for Last year, I traveled to Georgia and met Indiana in mine. Both of these states are in the program. But Senator Fulbright ex- with its new president, Mikhail Saakashvili. the interior of the United States and neither pected much more. He always was unabashed President Saakashvili received his law de- was typically associated with international in his advocacy of the program as a foreign gree from Columbia University, where he interests a half-century ago. But both of us policy tool. For him, the Fulbright Program studied under the Muskie Fellowship pro- sought a seat on the Senate Foreign Rela- was not intended merely to benefit indi- gram. In fact, almost every member of his tions Committee, which has oversight of US. vidual scholars, or more generally to ad- cabinet had attended an American college or foreign policy and diplomacy. Both of us, as- vance human knowledge—though those goals university during their academic careers.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13349 The result was that the leadership of an im- Earlier this week, I presided over a hearing tools of national power. Even as we seek to portant country had a personal under- of the Senate Foreign Relations Committee capture key terrorists and destroy terrorist standing of the core elements of American that was concerned with the potential threat cells, we must be working with many nations society and governance. Perhaps more im- from avian influenza. If the H5 N1 virus de- to perfect a longer term strategy that re- portantly, they had an understanding and velops in a way that allows it to be effi- shapes the world in ways that are not condu- appreciation of Americans themselves. These ciently transmissible between humans, tens cive to terrorist recruitment and influence. individuals were key participants in the of millions of lives worldwide will be at risk. To survive and to prosper in this century, ‘‘Rose Revolution’’ in Georgia, which is No nation is likely to be spared the effects of the United States must assign U.S. economic transforming that country. such a pandemic. However, nations working and diplomatic capabilities the same stra- NATIONAL PRIDE AND NATIONAL HUMILITY together to detect the emergence of new tegic priority that we assign to military ca- Funding a great foreign exchange program strains and to contain quickly an outbreak pabilities. We must commit ourselves to the is a sign of both national pride and national could greatly mitigate the risk. In a very painstaking work of foreign policy day by humility. Implicit in such a program is the real and discernible way, our ability to com- day and year by year. We must commit our- audacious view that people from other na- municate and work with each other across selves to a sustained program of repairing tions view one’s country and educational borders may well determine the fate of mil- and building alliances, expanding trade, system as a beacon of knowledge—as a place lions of people. The effectiveness of our re- fighting disease, pursuing resolutions to re- where thousands of top international schol- sponse will depend on the investments we gional conflicts, fostering and supporting de- ars would want to study and live. But it is have made in knowledge, relationships, and mocracy and development worldwide, con- also an admission that a nation does not communications. trolling weapons of mass destruction, and ex- have all the answers—that our national un- The same can be said for cooperation in plaining ourselves to the world. Very fortunately, leaders of the United derstanding of the world is incomplete. It is the disarmament arena. For fourteen years, Kingdom have been thinking with us and an admission that we are just a part of a I have been engaged in overseeing and ex- working with us during these years of world- much larger world that has intellectual, sci- panding the Nunn- Lugar Cooperative Threat wide terrorist threats and severe challenges entific, and moral wisdom that we need to Reduction program. This is the U.S. effort to to human values. Earlier this year, I enjoyed learn. help the states of the former Soviet Union In a speech on the Senate floor in 1966, dur- safeguard and destroy their vast stockpiles a breakfast meeting with Prime Minister ing the Vietnam War, Senator Fulbright un- of nuclear, chemical, and biological weapons, Tony Blair at the British Embassy in Wash- derscored his concern about our national hu- so that they do not fall into the hands of ter- ington and later a second visit with him in mility by saying: ‘‘Power tends to confuse rorists. Just as Senator Fulbright counted his offices at 10 Downing Street. We dis- itself with virtue and a great nation is par- scholars who benefited from his program, I cussed development assistance and debt for- ticularly susceptible to the idea that its have made a point of counting the weapons giveness in Africa; democracy building in power is a sign of God’s favor.’’ eliminated by the Nunn-Lugar program. Cur- Iraq and the wider Middle East; terrorist Senator Fulbright understood that a great rently, almost 7,000 nuclear warheads have threats to the United States, Great Britain, nation must continue to invest in its own been safely dismantled, along with hundreds and many other places; and how to maintain wisdom and capabilities for human inter- of missiles and bombers. We are in the proc- U.S.-UK. solidarity, even in the midst of po- action. He understood that no amount of ess of destroying vast stockpiles of chemical litical partisanship in both the House of military strength or even skillful decision- weapons, safeguarding numerous biological Commons and the U.S. Congress. Foreign making could make up for a lack of alli- weapons facilities, and providing employ- Minister Jack Straw has been a frequent vis- ances, trading partners, diplomatic capabili- ment to tens of thousands of weapons sci- itor to my Senate office, and I will enjoy ad- ties, and international respect. Maintaining entists. Each weapon that is disabled rep- ditional visits with British officials in Lon- alliances and friendships between nations is resents a small step toward security. don in the next few days. hard work. No matter how close allies be- Explaining and promoting the Nunn-Lugar In addition to the vision of William Ful- come, centrifugal forces generated by basic program has been complicated by the fact bright, which we celebrate today, I am cer- differences in the size, location, wealth, his- that most of its accomplishments have oc- tain he would join me in celebrating, again, tories, and political systems of nations tend curred outside the attention of the media. the vision of Cecil Rhodes as he established to pull nations apart. Alliances work over Although progress is measurable, it does not the Rhodes scholarships, which brought us to long periods of time only when leaders and occur as dramatic events that make good Pembroke. In the years of our selection, Sen- citizens continually reinvigorate the union news stories. At Surovatikha, for example, ator Fulbright and I were one of 32 young and its purposes. Russian solid fuel SS–18 and SS–19 missiles Americans who were given an extraordinary opportunity through the generosity of the THE BUILDING BLOCKS OF FOREIGN POLICY are being dismantled at a rate of four per month. This facility will grind on for years, Rhodes Trust to come to Oxford University. Often we need to pause to remember that until all the designated missiles are de- We both chose Pembroke College and were the practice of foreign policy is not defined stroyed. At Shchuchye, the United States admitted to this College. That opportunity by a set of decisions. Unfortunately, report- and Russia are building a chemical weapons changed the horizons of our lives, our expec- ers, politicians, and even most historians destruction facility that will become oper- tations of what we might achieve, and our portray foreign policy as a geopolitical chess obligations to assume more risks and to un- ational in 2007. It will destroy about 41⁄2 per- game or a series of great diplomatic events. cent of Russia’s currently declared chemical dertake more challenges in the service of This perception is reinforced by books and weapons stockpile per year. This is a pains- others. movies about dramatic moments in diplo- taking business conducted far away from our One of my Rhodes Scholar selectors put it matic history, like the Cuban Missile Crisis. shores outside the light of media interest. very bluntly when he asked, ‘‘Why should we These events capture our imagination, be- The destruction of a decaying nuclear war- put Rhodes Trust money on you as opposed cause we relive the struggles of leaders dur- head, the links between international epi- to any of the thousands of talented young ing times of great risk as they weigh the po- demiologists, and the training of an indi- Americans we could choose? tential consequences of their actions. We ask vidual scholar appear to be small matters in A host of circumstances finally made it whether Presidents and Prime Ministers the context of global affairs. But these are possible for both of us to serve as a U.S. Sen- were right or wrong in adopting a particular exactly the kinds of building blocks on ator and as Chairman of the Senate Foreign strategy. which international security and human Relations Committee. In my case, I sincerely But Senator Fulbright understood that cri- progress depend. doubt that I would have enjoyed these oppor- sis decision-making is a very small slice of a tunities without those remarkably formative nation’s foreign policy. He understood that a THE SOURCE OF NATIONAL POWER two years at Pembroke College. I feel safe in successful foreign policy depends much more Since September 11, 2001, the United States saying that neither Senator Fulbright nor I on how well a nation prepares to avoid a cri- has been engaged in a debate over how to would have approached international schol- sis. apply national power and resources most ef- arships, international diplomacy, and a pas- When a nation gets to the point of having fectively to achieve the maximum degree of sionate quest for world peace with the same to make tactical choices in a time of crisis— security. Recent foreign policy discussions inspiration and tenacity without our Rhodes it almost always is choosing between a bad have often focused on whether to make con- Scholar experiences at Pembroke College, option and a worse option. Crisis decision- cessions to world opinion or whether to pur- Oxford University. making is to foreign policy what a surgeon is sue perceived national security interests As Senator Fulbright explained in a 1945 to personal health. Whether a body will re- unencumbered by the need to seek the coun- Senate speech, just before the end of the war sist disease depends on good nutrition, con- sel and support of the international commu- in Europe, ‘‘Peace does not consist merely of sistent exercise, and other healthy prepara- nity. But this is a false choice. National se- a solemn declaration or a well-drafted Con- tions much more than the skill of a surgeon curity can rarely be separated from the sup- stitution. The making of peace is a con- employed as a last resort after the body has port of the international community, if only tinuing process that must go on from day to broken down. The preparation for good because American resources and influence day, from year to year, so long as our civili- health and for a strong foreign policy is the are finite. zation shall last.’’ part that we can best control, and it is the Throughout this process, I have been mak- The success of such peacemaking will de- part that must receive most of our energies ing the point that we are not placing suffi- pend on our willingness to prepare for the and resources. cient weight on the diplomatic and economic long-term future as Senator Fulbright did—

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13350 CONGRESSIONAL RECORD — SENATE November 18, 2005 through enlightened investments in people health care. The international commu- Block Grant. I, along with Senator and relationships. And it will depend upon nity is failing to empower Somali civil Chris Dodd, spearheaded a letter, our devotion to movements exemplified by society. Without our attention and signed by 56 of our colleagues, Repub- the Fulbright Program and the Rhodes Trust support, how long do we expect this licans and Democrats alike, urging that reach out to the world with both pride Senate conferees to the Labor/HHS/ and humility. community to refuse basic human needs funded by terrorist organiza- Education Appropriations bill to up- f tions? And what are the consequences hold the Senate funding level of $637 SOMALIA of groups like AIAI being perceived by million. I understand that the con- the Somali people as generous bene- ference report on the Labor/HHS/Edu- Mr. FEINGOLD. Mr. President, I wish factors? The U.S. must work harder at cation Appropriations bill includes $637 to express my deep concern regarding providing an alternative to such ex- million for CSBG. recent news reports about piracy off tremist influences in Somalia. I hope that the conference report on the coast of Somalia. As we all know, We can no longer insulate ourselves the Labor/HHS/Education Appropria- Somalia has been without a central, from weak states. We must engage. It tions bill will be enacted soon and that recognized government for well over a is in our own national security inter- these vital resources will be directed to decade. It has been over 3 years since I ests that we work to strengthen insti- important services for low income indi- chaired a series of hearings in the For- tutions and empower civil society in viduals. eign Relations African Affairs Sub- weak and failing states in Africa in However, I cannot support the Har- committee on weak and failing states order to curtail opportunities for ter- kin amendment because if that amend- in Africa, one of which focused on the rorists and other international crimi- ment passed, it would result in an dire situation in Somalia and inad- nals. interruption of funding not only for equate U.S. policy there. Years later, A multifaceted approach is necessary CSBG, but for all the social spending U.S. policy is still stagnant, I am sorry for the future of Somalia and for the programs that low income individuals to report, and the danger persists, as future of our own campaign against depend upon. That is not a responsible these news reports indicate. The time terrorism. We cannot stand by as ter- course of action. We should not make support for is long overdue for the U.S. to make a rorist threats cross borders and desta- CSBG a partisan issue—we should work long-term commitment to addressing bilize the Horn of Africa. The inter- together to enact the Labor/HHS/Edu- this potential trouble spot. national community must intensify its cation Appropriations Conference Re- I have consistently urged the Admin- maritime vigilance. The U.S. long-term port so that money can be appro- istration to be vigilant in focusing on policy should include coordinating priately directed to fund these impor- weak states as part of the global fight with regional actors in Africa and the tant services. against terrorism. All the characteris- international community to aid posi- tics of some of Africa’s weakest tive actors working in Somalia, build f states—manifestations of lawlessness institutional capacity and legitimacy, COMMERCE-JUSTICE-SCIENCE such as piracy, illicit air transport net- promote national reconciliation, and APPROPRIATIONS works, and traffic in arms and sever community dependency on ter- Mr. FEINGOLD. Mr. President, I gemstones and people—can make the rorist funding for basic services. These want to express my disappointment in region attractive to terrorists and are difficult challenges, but Somalia is the cuts that the conference report for international criminals. Regrettably, not hopeless. A transition government H.R. 2862, the Departments of Com- Somalia is still not on the administra- and opposing factions are requesting merce and Justice, Science, and Re- tion’s radar. international mediation and attention. lated Agencies Appropriations Act of According to recent press reports, pi- They are asking us to act, and we must 2006, made to important grant pro- rates off the coast of Somalia are answer the call, for their sake as well grams that assist State and local law building strength and growing com- as ours. enforcement agencies. I voted in favor fortable in expanding their attacks. f of H.R. 2862 because of the other impor- Despite a lull in pirate attacks over CSBG tant programs that it funds, but I have the last 2 years, in just the last 6 grave concerns about these particular months there have been 25 attacks off Mr. GRASSLEY. Mr. President, no grant funding cuts. the coast of Somalia, according to the one is more committed to the Commu- I believe that Congress, in partner- International Maritime Bureau. At- nity Services Block Grant than I am. ship with States and local commu- tacks are no longer confined to the The Community Services Block Grant nities, has an obligation to provide the coast but reportedly include raids on program helps to strengthen commu- tools, technology, and training that ships hundreds of miles from the coast nities through services for poor indi- our Nation’s law enforcement officers of the Indian Ocean. The resources and viduals and families, assisting these need in order to protect our commu- the audacity of the pirates appear to be low-income individuals to become self- nities. I have consistently supported a growing. The attacks pose a tremen- sufficient. number of Federal grant programs, in- dous threat to stability and economic CSBG provides critical services to cluding the Community Oriented Polic- development in the region, including poor families throughout the country. ing Services, COPS, Program, which is neighboring countries such as Kenya Services offered by CSBG entities can instrumental in providing funding to and Djibouti that rely on maritime help support these important social train new officers and provide crime- trade and tourism. The more organized services programs such as: Head Start, fighting technologies. I also have long the pirates become, and the more lu- Low Income Home Energy Assistance supported funding for the Byrne Grant crative their crimes, the more we are Programs, LIHEAP, weatherization, Program, which provides funding to faced with another potential front in literacy and job training programs, help fight violent and drug-related the fight against terrorism, one involv- child health care, after-school pro- crime, including support to multijuris- ing a state-less network of some of the grams, housing and homeownership dictional drug task forces, drug courts, worst international actors. services, financial literacy and asset drug education and prevention pro- The State Department 2004 report on development, and food pantries and grams, and many other efforts to re- counter terrorism in Africa states that meal programs. In FY 2002, the 1,100 duce drug abuse and prosecute drug of- the Somalia-based al-Ittihad al-Islami, community action network served fenders. I know how important these AIAI, ‘‘has become highly factionalized more than 13 million individuals in programs have been to Wisconsin law and diffuse, and its membership is dif- more than 4 million families nation- enforcement efforts, in particular with ficult to define’’ and that ‘‘some mem- wide. regard to fighting the spread of meth- bers are sympathetic to and maintain Over the past few months, I have re- amphetamine abuse. Both of these pro- ties’’ with al-Qaida. State Department ceived dozens of letters from Commu- grams suffered major funding cuts in officials also acknowledge that AIAI is nity Action Agencies from across the the conference report for H.R. 2682, financing basic civil society needs in country, thanking me for my efforts on which the Senate passed on November Somalia, including schools and basic behalf on the Community Services 16, 2005.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13351 Funding for the COPS Program has of the Year in 1994. It was also one of VOTE EXPLANATION been reduced dramatically in recent the most successful recordings in a ca- Mr. SHELBY. Mr. President, on roll- years. In fiscal year 2003 the COPS Pro- reer that includes countless other mu- call vote No. 347, I was recorded as not gram received $929 million in Federal sical awards and achievements. voting. It was my intention to vote funding. In fiscal year 2004, that level He has left his heart in communities ‘‘yea.’’ was reduced to $756 million, only to far beyond San Francisco. Still today, f drop again in fiscal year 2005 to $606 he remains forever young at heart, as TERRORISM RISK INSURANCE million. And now, for fiscal year 2006, one of America’s most beloved musical EXTENSION ACT the funding level has again been re- icons who continues to entertain us duced to a mere $487.3 million, a dra- and enrich all our lives. Mr. JOHNSON. Mr. President, this matic decrease just over the last 3 fis- It is gratifying to know that his re- week the Senate Banking Committee cal years. This is unacceptable. Fund- markable career will be recognized in reported out S. 467, the Terrorism Risk ing for these grant programs has con- the Honors Awards celebration at the Insurance Extension Act of 2005 which tinually dropped even as the needs of Kennedy Center next month as a trib- will extend for 2 years the terrorism law enforcement officers, our first re- ute to his enduring contributions to risk insurance program that is due to sponders, grow. our national cultural heritage. expire on December 31. I suspect the in- Funding cuts like the ones to the Countless lives have been touched by surance industry is breathing a collec- COPS Program have been mirrored in his artistry. This year at the Kennedy tive sigh of relief that this bill has fi- cuts to Byrne grants. For fiscal year Center Honors, the country will have nally passed in the Senate. All Ameri- 2006, the administration’s budget pro- the opportunity to thank him for all cans concerned about economic growth posal would have completely elimi- that he has done so well for so long. should also feel some relief. nated this critical law enforcement f This bill represents a compromise be- program in full. Congress rightly re- tween the very strong views of the ad- KENNEDY CENTER SALUTES jected the administration’s unjustified ministration and the approach origi- ROBERT REDFORD attempt to entirely do away with this nally set forth in the bill as intro- important program, but unfortunately Mr. KENNEDY. Mr. President, each duced. I must commend Senators DODD the funding level provided this year is year the Kennedy Center pays tribute and BENNETT and their staffs for their inadequate. In fiscal year 2003, Byrne to distinguished artists who have made tireless work on this legislation, as and the local law enforcement block extraordinary contributions to the well as Chairman SHELBY and Ranking grants, which have now been merged American cultural experience. The Na- Member SARBANES. I understand that into one program, received a total of tion will be delighted to know that this getting to this point was not without $900 million in Federal funding. By fis- year Robert Redford will receive one of its challenges. Nevertheless, we arrived cal year 2005, that number was reduced these prestigious awards. at a bipartisan compromise. to $634 million. This year, the Byrne Mr. Redford exemplifies the record of There are still some who believe that program will receive a meager $416 mil- achievement and accomplishment that we do not need a terrorism insurance lion in Federal funding. It is irrespon- define the Kennedy Center Honors program with a Federal backstop; that sible to habitually take the rug out Awards. With special grace and great the capacity of the industry to provide from under our hard-working law en- talent, he has become a legend in film. this insurance has improved, and the forcement officers by taking away His roles as an actor are among the program has achieved its goals. Frank- their access to the funding they need most memorable ever on screen. He can ly, I am not convinced. Because of the to keep our communities across the be charming, as he was in Butch Cas- random and unpredictable nature of country safe. sidy and the Sundance Kid, The Sting, terrorism, I am not yet convinced that It is my hope that in the next fiscal and Barefoot in the Park. He can be se- the private sector can adequately or year, the administration and Congress rious, as he was in The Candidate and accurately assess terrorism risk in the will work together to repair the dam- All the President’s Men. And he is al- absence of a Federal backstop. age done and increase critical funding ways compelling—never more so than It has been 4 years since the Sep- to these and other programs that assist in The Great Gatsby and A River Runs tember 11 attacks that prompted the our State and local law enforcement of- Through It. passage of the Terrorism Risk Insur- ficers on a daily basis. Mr. Redford is equally accomplished ance Act. And while we have been for- tunate here in the United States that f as a director and producer. But wheth- er he stars, directs, or produces—and no events have triggered the use of this THE KENNEDY CENTER HONORS sometimes all three—a Redford project Federal backstop, the bombings in TONY BENNETT is always remarkable for its integrity, London this summer, the Madrid train Mr. KENNEDY. Mr. President, I wel- beauty, and power. bombing last year, the nightclub bomb- come the opportunity to join in com- In 2003, he was in Washington to de- ing in Bali in 2002, and the alarming in- mending one of America’s greatest art- liver the annual Nancy Hanks Lecture crease in suicide bombers in the Middle ists who will receive a Kennedy Center on the role of the arts in public policy. East serve as painful reminders of the Honors Award next month. Tony Ben- This lecture is a tribute to the memory reality of the ongoing war on terror, nett is renowned and revered by mil- of Nancy Hanks, who served as the and the fact that attacks can happen lions because of his extraordinary tal- early chair of the National Endowment anywhere at anytime. ent and outstanding musical career for the Arts, and Mr. Redford’s lecture Prior to September 11, the risk of which spans a half century, and he will was especially fitting, because he be- terrorism was not a factor when insur- always be a part of America’s musical lieves so deeply in the fundamental im- ers wrote policies. However, in the legacy. His performances are part of portance of the arts in our public pol- post-9/11 environment, the availability our national songbook—tunes each of icy. of affordable insurance for terrorism us know by heart and love to hear time His passionate belief in arts edu- risks has become a necessity. The war and again. cation has been a continuing part of on terror involves protecting our His distinctive voice and inspiring in- his outstanding career. He founded the homeland and protecting our citizens. terpretations have set the standard for Sundance Institute as part of his life- In light of the current environment, it musical artists across the years. His long commitment to expand opportuni- would be both unrealistic and pre- signature song, ‘‘I Left My Heart in ties for new works and new artists to mature to conclude that a Federal San Francisco,’’ was released over 40 ensure a vigorous American cultural backstop is no longer necessary. I years ago, but it is as fresh today as it legacy for future generations. think it was irresponsible for the ad- was in 1962, the year it won three I commend all that he has accom- ministration to suggest that it is now Grammy awards. plished. It is a privilege to join in con- appropriate to shift the burden of in- His album ‘‘MTV Unplugged’’ cap- gratulating him on this well-deserved suring against the risk of terrorist at- tured the hearts of a new generation award from the Kennedy Center. I am tacks solely to the private insurance and was awarded a Grammy for Album sure my brother would be proud of him. market.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13352 CONGRESSIONAL RECORD — SENATE November 18, 2005 We accepted the recommendations of Working Group’s recommendations, from pricing for this risk. Moreover, the administration by dropping several and it is my hope that it recommends the very nature of terrorism—a non lines of insurance from the program. inclusion of group life in the program. natural event—makes it a risk for However, there is one very critical line Additionally, I am satisfied with the which actuaries have no basis to price. that has never been included, and one ‘‘make available’’ provisions in this The bill’s required analysis of the that I am disappointed is not part of bill. At the end of the day, this pro- long-term availability and afford- this compromise bill, and that is group gram is not about the profits of the in- ability of insurance for terrorism risk, life. As I have said on numerous occa- surance industry; it is about the abil- including group life coverage, simply sions, it is critical that we create con- ity of American businesses to have ac- offers the distant hope of a solution for ditions that permit the private insur- cess to insurance protection. That group life insurers. Daily reminders of ance markets to continue to offer should be the very minimum required the continued threat of terrorism re- group life insurance coverage to em- of an industry that enjoys the type of quire an immediate solution. ployees at high risk of attack. protection we have provided. For these reasons, I respectfully urge Since 2002, I have fought to include Estimating the likelihood of attacks members of the conference committee group life insurance in the Terrorism or the extent of loss is difficult, if not to look beyond the buildings the act Risk Insurance Program. I was dis- impossible. Now is not the time for the would protect and protect the people appointed, at that time, that the Bush administration or Congress to leave inside those buildings by including administration chose to focus its ef- the private insurers to go it alone. I am group life in the extension. forts on insuring buildings against ter- pleased that last night the Senate f rorism but was dismissive of the crit- passed this important legislation. TAX RELIEF ACT OF 2005 ical role that group life insurance plays Doing nothing would not have been ac- Mr. KOHL. Mr. President, they say for tens of thousands of families at the ceptable. that timing is everything. And the tim- highest risk of terrorist attack. Mr. NELSON of Nebraska. Mr. Presi- We saw vividly, post-9/11, the suf- dent, although the Senate’s passage of ing of the Congress’s actions these days is indicative of our priorities. Yester- fering of so many families, and while the Terrorism Risk Insurance Exten- day, the House rightly voted against the most immediate grieving was for sion Act of 2005 is a good start to en- the Labor, Health and Human Services the loss of human life, the harsh re- suring continuity within our financial and Education appropriations bill that ality is that many families lost their markets in the event they are im- under funded job training, education livelihood as well. In a time of loss, a pacted by another terrorist attack, I and health care. Last night, the House life insurance policy can mean the dif- am disappointed the Act failed to in- voted to pass a reconciliation spending ference between having to sell the fam- clude group life insurance. package that would cut programs such ily home, pulling the kids out of col- Over 160 million working Americans as child support, food stamps, and Med- lege, or even, in some cases, having have coverage through a group life pol- icaid. Also last night, the Senate enough money to put food on the table. icy. For many, this coverage is their passed $60 billion worth of tax cuts. Moreover, the lack of affordable rein- only form of life insurance. Loss of this What does that say to hard working surance for group life products calls benefit would threaten their families’ Americans about the priorities of this into question the administration’s po- financial stability. Government? I want to make it clear sition that TRIA is crowding out inno- Group life insurance poses unique to my colleagues that I support many vation that would otherwise enable the risks to the carriers that provide it. of the provisions that are included in industry to offer insurance for ter- Much like workers’ compensation in- this legislation. I support tax provi- rorism risk without a governmental surance, the high level of risk con- sions aimed at helping Gulf States re- backstop. Reinsurance has essentially centration by employer and worksite cover from Hurricanes Katrina and evaporated for the group life sector, makes group life insurance particu- Rita. I support extending the tuition which Treasury specifically chose not larly vulnerable to large-scale losses deduction, the research and develop- to include in the Terrorism Risk Insur- from events such as terrorist attacks. ment tax credit, and a deduction for ance Program, and thus was not hin- Before the September 11 tragedy, teacher expenses, among others. And I dered in its pursuit of market innova- group life insurers protected against strongly support the extension of the tions. We ought to be working to cre- large-scale losses through the purchase increased exemption amounts for the ate a marketplace where reinsurance of catastrophe reinsurance. Since that alternative minimum tax. can reemerge for group life products, time, group life insurers have experi- In fact, I would support much broad- rather than jeopardize the TRIA-facili- enced a decreased availability of catas- er reform of the AMT. More and more tated appearance of reinsurance for trophe reinsurance coverage. At the middle class individuals and families products, like workers compensation, same time, the cost of this limited cov- will find themselves impacted by this which are comparable to group life. erage and its related deductible have onerous tax if Congress does not act I certainly appreciate that innova- increased to the point where the cov- soon to correct it. I would also support tions within the insurance industry erage is cost-prohibitive. Additionally, some capital gains and dividend rate may be part of the long-term solution, it is not uncommon for catastrophe re- reform. I want to make it clear to my and we certainly must facilitate that insurers to exclude terrorism on most constituents that I am not opposed to as we go forward. The time has come quotes. tax cuts—when the time is right—when for Congress to review the current reg- Opponents of group life’s inclusion we are in surplus. In 2001, I supported ulatory landscape of the insurance in- argue that free market participants the tax cut legislation, based on the dustry to ensure that it does not un- should be able to reach a price on any fact that we were running a surplus. It necessarily restrict innovation. I be- commodity. But this mindset ignores stands to reason, then, that during lieve that this legislation is consistent the fact that group life insurers do not these times of record deficits, that we with that objective—extending TRIA operate in a truly free market. Even if can ill afford the tax package the Sen- for a period of time sufficient for Con- group life insurers wanted to exclude ate approved yesterday. gress to begin looking at modernizing coverage for terrorist acts—which I want to repeat what I just said—I the regulatory scheme for insurance many, for good public policy reasons, am not opposed to tax cuts. That is while it also reviews longer term solu- reject as an option—they currently are why I supported the alternative pack- tions to the challenge of insuring prohibited from doing so. age of extensions offered by Senator against acts of terror. Ordinarily, insurers would control CONRAD. This amendment contained I am pleased that this legislation re- their risk exposure through the pre- nearly identical extension provisions. quires the Presidential Working Group miums they charge. However, in the The amendment even went further on to do a study on the long-term viabil- context of terrorism, this mechanism the AMT then the underlying bill, en- ity and affordability of terrorism in- also is no longer available for group suring that no more taxpayers pay the surance and the affordability of inclu- life insurers. The lack of historical tax over 2005. The difference? The al- sion of group life insurance. I look for- data on the incidence rate of terrorism ternative was fully paid for, through a ward to reviewing the Presidential in the United States prevents insurers series of offsets.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13353 It remains a mystery to me why so constituents in the business, I find an obligation being passed on to our many of my colleagues chose to add to these reckless demands and accusa- children and grandchildren. And our the deficit rather than responsibly ex- tions unfair and dangerous for Okla- Nation’s expenditures—because of the tend these important provisions. I homa. War in Iraq, the global war on ter- would have hoped that more of my col- As a teenager, I worked as a tool rorism, Hurricane Katrina and other leagues that voted against this alter- dresser on a drilling rig for a man by natural disasters, and countless other native would have come to the floor to the name of A.W. Swift. Many in Okla- challenges our Nation is confronting give their reasoning. Adding $60 billion homa know his name, but few in this are far outstripping our tax receipts. to the deficit is not something any of Chamber would. Like many who have The current administration has us should take lightly. When we are operated in oil and gas, he ran a thrifty placed passing tax cuts for the few cutting fundamental programs in order and tight operation but was eventually ahead of targeted tax cuts for the mid- to reduce the deficit, when we are faced taxed out of business. This same man dle class and to grow business and has with continued costs associated with lost his son, Burt Swift, after a rig ex- made us less able to address other im- rebuilding after the hurricanes, when plosion claimed his life but spared portant priorities, homeland security, costs associated with Iraq and Afghani- mine. Sacrifices, such as his, are often paying for the war in Iraq, our nation’s stan continue to mount—is that the a part of the harsh realities faced by infrastructure, health care, and edu- time to extend tax cuts without paying many in the oil business. cation. for them? Oklahoma would be especially hard I believe we need a tax system that is For me, the answer is a resounding hit by a WPT. Currently, well over fiscally responsible, helps business no. Timing is everything. When we two-thirds of the State’s oil production grow, and provides maximum relief to were in surplus, I supported tax cuts. comes from marginal wells. A marginal the middle class. That is why I support Times have changed, and we can no well is typically defined as one which tax policies that work to achieve those longer afford to adopt tax legislation produces less than 10 barrels of oil or 60 goals, and that is why I voted for the without paying for it. Yesterday, the mcf of gas a day. They are called ‘‘mar- Conrad substitute amendment, which Senate had a chance to show our con- ginal’’ because their profitability is at would have fully paid for the cost of stituents that we can make difficult times just at the margin, depending targeted middle class tax relief. budget decisions, just as so many upon production costs and current Mr. President, I am deeply concerned American families do every month. But market prices. about passing a $60 billion tax cut bill As oil prices decrease many of these instead, the Senate chose to pass the at a time when we are cutting Med- wells become uneconomical and are in- buck on that decision, and add $60 bil- icaid, food stamps, student loans, and creasingly ‘‘shut in’’ or ‘‘plugged and lion to our growing deficit. other domestic programs that will spur abandoned.’’ However, as oil prices in- Thank you, Mr. President, and I yield economic growth and help all Ameri- crease, Oklahoma’s independents in- the floor. cans. Just 2 weeks ago, the Senate Re- Mr. INHOFE. With this week’s con- creasingly drill for and produce from publican leadership brought a spending sideration of the tax reconciliation act, marginal wells. The added cost of a cut to the floor to cut $35 billion from the United States Senate engaged in a windfall profits tax drastically harms areas like healthcare and education. heated exchange over the reinstate- the economic viability Oklahoma’s The budget that passed this body con- marginal wells. ment of the windfall profits tax on tains the wrong priorities. It imposes Outside of the damage a WPT would American oil. The key question in this painful cuts on working families, as I inflict upon Oklahoma, this tax would debate, which my colleagues have not only further harm our Nation’s shrink- said at the time. Mr. President, too many working been able to answer, is how can a tax ing energy independence. America’s families in American don’t feel secure. increase on oil and gas production re- major oil companies already pay the They are worried about high gas prices duce prices? It can’t and history proves second highest corporate tax rate in and how they are going to heat their it. the industrialized world. How are they First enacted under President Jimmy homes this winter. They are worried to compete internationally with an ad- Carter in 1980, Congress imposed an ex- about how they will pay for their ditional WPT tax? How could Conoco cise levy on domestic oil production Phillips or Chevron Texaco compete health insurance and their prescription called the windfall profits tax. The re- with Total (French), BP (British), and drugs. And they are worried they won’t sult was inevitable. According to a 1990 Royal Dutch Shell (British/Dutch) not be able to afford a home or college tui- report by the nonpartisan Congres- to mention government owned and op- tion for their children. Given all this, why would the Con- sional Research Service, the results of erated oil giants like Saudi Aramco, gress pull the rug from under these Carter’s WPT were hugely counter- NIOC (National Iran Oil Company), productive: ‘‘The WPT reduced domes- Petro China, CNOOC (China National working Americans at exactly the time tic oil production between 3 and 6 per- Offshore Oil Corporation), Gazprom they need our support? The answer is cent, and increased oil imports from (Russia), and dozens more. With enact- before us today to make room for more between 8 and 16 percent . . . This ment of a WPT, American companies tax cuts. Now, some of the tax cuts made the U.S. more dependent upon would be hard pressed to effectively contained in the tax reconciliation bill imported oil.’’ compete in the competitive global mar- are certainly helpful. The research and The stakes for Oklahoma are huge ket for exploration and production. development tax credit, the deduction considering that oil and gas production The WPT gives all foreign owned oil of State and local sales tax, and the de- is our largest single industry. During companies a strong competitive advan- duction for teacher’s expenses are all debate, Democrats filed amendment tage. important provisions and should be ex- after amendment, nine in total, to pe- With more than 2,100 firms and 60,000 tended. I have voted for and cospon- nalize and to increase taxes by billions people the oil and gas industry is the sored bills that extend or make perma- of dollars on one of America’s most most critical component of Oklahoma’s nent some of these provisions. In fact, vital industries. To Oklahoma’s good economy. Many of those in the busi- I voted to extend these tax provisions fortune, and that of the American con- ness have in the past lost their busi- and all those expiring at the end of the sumer, each of these amendments was ness, their savings and their livelihood. year when I voted for the Conrad sub- either soundly defeated or withdrawn. The industry is cyclical with booms stitute amendment. That amendment Over the past few months, Democrats followed by busts as we saw most fully paid for the tax cut extensions have fired a barrage of unfair rhetoric poignantly in the 1980s. For the jobs in and the Hurricane tax relief over 10 maligning all those who work in the oil Oklahoma and the consumers at the years and did not cost the Federal and gas business. With one breath they pump, let’s reject WPT. Treasury a dime. demand Congress reign in the recent Mrs. MURRAY. Mr. President, I rise I oppose cutting critical services to high oil prices, with the next they in- to speak about the tax reconciliation pass unbalanced tax cuts that pri- sist on tax increases to punish those bill before the Senate today. marily benefit the wealthy. The capital who they claim are responsible. With Today, Americans are saddled with gains and dividend tax cut extensions, so many friends, acquaintances, and more than $8 trillion in national debt, which primarily benefit those making

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13354 CONGRESSIONAL RECORD — SENATE November 18, 2005 more than $1 million, are not in the the United States Professor of the Year Kansas: Elsie R. Shore, Professor of Psy- current version of this bill. But I know Award. Since 1981, this prestigious chology, Wichita State University. that when the tax reconciliation bill honor has been awarded to professors Kentucky: Peggy Shadduck Palombi, Asso- comes back from conference, it will who show an exceptional dedication to ciate Professor of Biology, Transylvania Uni- versity. have those provisions. We all heard teaching. This year, professors from 40 Louisiana: Roger White, Associate Pro- Senate Majority Leader FRIST when he States, the District of Columbia, and fessor of Political Science, Loyola Univer- said, and I quote ‘‘I will not bring a Guam are being honored with this sity New Orleans. conference report to the Senate floor award. Their disciplines are varied; Maryland: James M. Wallace, Professor of that does not include this extension.’’ they come from both private and public Mechanical Engineering, University of Mary- So, Mr. President, we have a choice institutions. But they have one thing land, College Park. to make: will we invest in priorities in common, and that is dedication to Massachusetts: Walter H. Johnson, Pro- like health care, education, transpor- teaching. fessor & Chair, Department of Physics, Suf- tation and job training that spur eco- These undergraduate professors do folk University. Michigan: Gary B. Gagnon, Assistant Pro- nomic growth and keep families out of more than teach information. They im- fessor of Marketing, Central Michigan Uni- poverty, or will we continue to conduct pact their classes by inspiring students versity. business as usual and pass tax cuts in a to excel. They think up new and inven- Minnesota: Mark Wallert, Professor of Bi- fiscally irresponsible way? Based on tive ways for their students to learn. ology, Minnesota State University Moor- the vote 2 weeks ago to cut $35 billion They create programs that allow stu- head. in critical help for Americans in the dents to learn through working and Missouri: Rebecca Kuntz Willits, Assistant most need, it appears that the Repub- teaching experience. Sometimes these Professor, Biomedical Engineering, Saint lican-controlled Congress has chosen professors go as far as establishing new Louis University. Montana: Jakki J. Mohr, Professor of Mar- the latter. departments in their institutions, keting, University of Montana. I understand the importance of a re- broadening academic choices for under- Nebraska: Daniel G. Deffenbaugh, Asso- sponsible Federal budget. Our nation’s graduates. College professors con- ciate Professor of Religion, Hastings College. annual deficit is more than $300 billion. tribute so much to their institutions Nevada: Paul F. Starrs, Professor of Geog- Foreign owned debt has increased by and surrounding communities, and raphy, University of Nevada, Reno. more than 100 percent over the last 5 often these vast contributions go unno- New Hampshire: Debra S. Picchi, Professor years, and we will soon be asked to in- ticed by society. I am proud that we of Anthropology, Franklin Pierce College. crease the country’s debt ceiling by an- are taking time today to honor these New Jersey: Phyllis Owens, Associate Pro- other $781 billion. At a time when we fessor of Computer Graphics, Camden County inspiring professors: College. are facing such tremendous spending 2005 U.S. PROFESSORS OF THE YEAR, NATIONAL New Mexico: Elise Pookie Sautter, Pro- pressures and an increasing deficit, I AND STATE WINNERS fessor of Marketing, New Mexico State Uni- think it would be wise to heed the Outstanding Baccalaureate Colleges Pro- versity. words of Federal Reserve Chairman fessor, W.A. Hayden Schilling, Robert New York: Jo Beth Mertens, Assistant Pro- Alan Greenspan, who said during testi- Critchfield Professor of English History, The fessor of Economics, Hobart and William mony before the Budget Committee College of Wooster, Wooster, Ohio. Smith Colleges. last year: Outstanding Community Colleges Pro- North Carolina: Cindy C. Combs, Professor ‘‘If you are going to lower taxes, you fessor, Katherine R. Rowell, Professor of So- of Political Science, University of North should not be borrowing essentially the ciology, Sinclair Community College, Day- Carolina at Charlotte. ton, Ohio. North Dakota: Jim Coykendall, Associate tax cut. That over the long run is not Outstanding Doctoral and Research Uni- Professor of Mathematics, North Dakota a stable fiscal situation.’’ versities Professor, Buzz Alexander, Pro- State University. Unfortunately, the tax reconciliation fessor of English Language and Literature, Ohio: Nathan W. Klingbeil, Associate Pro- bill before us will increase the deficit University of Michigan, Ann Arbor, Michi- fessor of Mechanical Engineering, Wright and borrow money to do so. The Senate gan. State University. was presented with the option to ex- Outstanding Master’s Universities and Col- Oregon: Jerry D. Gray, Professor of Eco- tend the tax provisions expiring at the leges Professor, Carlos G. Gutierrez, Pro- nomics, Willamette University. fessor of Chemistry, California State Univer- end of this year and pass the hurricane Pennsylvania: Jerome Zurek, Professor & sity, Los Angeles, Los Angeles, California. Chair, Department of English & Communica- tax relief in a fiscally responsible man- STATE WINNERS tion, Cabrini College. ner. Unfortunately, the sound Demo- Alabama: Guy A. Caldwell, Assistant Pro- South Carolina: Norman M. Scarborough, cratic alternative we offered failed on a fessor of Biological Sciences, University of Associate Professor of Information Science, party line vote. Alabama. Presbyterian College. Mr. President, these are very chal- Arkansas: Scott Roulier, Associate Pro- Tennessee: Jette Halladay, Professor of lenging times for our country and our fessor of Political Science, Lyon College. Speech and Theatre, Middle Tennessee State people. Working families don’t feel se- California: Philip R. Kesten, Associate University. cure about their jobs, their health care, Professor of Physics, Santa Clara University. Texas: Susan Edwards, Professor of His- Colorado: Daniel J. Pack, Professor of tory, Cy-Fair College. their pensions or their future. Many Electrical Engineering, United States Air Utah: Yasmen Simonian, Professor & Americans are making tremendous sac- Force Academy. Chair, Department of Clinical Laboratory rifices by serving in our military. We Connecticut: Lawrence F. Roberge, Asso- Sciences, Weber State University. need to show that we are on their side. ciate Professor & Chair, Department of Vermont: Sunhee Choi, Professor of Chem- We need to help make America strong Science, Goodwin College. istry and Biochemistry, Middlebury College. again. The way to do that is to invest District of Columbia: Matthew O’Gara, As- Virginia: John H. Roper, Professor of His- sociate Professorial, Lecturer, Elliott School tory, Emory & Henry College. in our people invest in their education, of International Affairs, George Washington their job training, and their future. Washington: Bruce Palmquist, Associate University. Professor of Physics & Science Education, The Republican budget does just the Florida: Ana M. Cruz, Professor of Ac- Central Washington University. opposite it cuts out those critical in- counting, Miami Dade College, Wolfson Cam- West Virginia: Carolyn Peluso Atkins, Pro- vestments so that they can reduce pus. fessor of Speech Pathology & Audiology, Georgia: Julie K. Bartley, Associate Pro- West Virginia University. taxes for a few at the top. Those are fessor of Geosciences, University of West Wisconsin: Jody M. Roy, Associate Pro- the wrong priorities. I believe America Georgia. can do better, and America deserves Guam: Kyle D. Smith, Professor of Psy- fessor & Chair, Department of Communica- ∑ better, and therefore I will vote against chology, University of Guam. tion, Ripon College this misguided budget. Idaho: Rhett Diessner, Professor of Edu- f cation, Lewis-Clark State College. f Illinois: M. Vali Siadat, Professor & Chair, OF DUTY, HONOR AND SERVICE ADDITIONAL STATEMENTS Department of Mathematics, Richard J. ∑ Mr. CRAPO. Mr. President, in the Daley College. spring of this year, I had the remark- Indiana: John B. Iverson, Professor of Biol- able experience of hosting a recording PROFESSORS OF THE YEAR ogy, Earlham College. Iowa: James L. Brimeyer, Instructor of of a history for the Library of Congress ∑ Mr. BAUCUS. Mr. President, I rise Composition & Literature, Northeast Iowa Veterans History Project. A distin- today to congratulate the winners of Community College. guished, elderly Idahoan recounted his

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13355 experiences as a supply officer during minded us of the importance of family, I could stand here every day for the World War II, notably in one of the friends, and faith in a time of crisis. next month and talk about each child units that liberated the Nazi con- Not a moment has gone by without an that needs to be adopted out of foster centration camp, Dachau. image of a mother searching for her care. The bottom line is that each of Ralph Leseburg is 86 years old and son or a daughter looking for her these children, from 1 day old to 22 lives in St. Anthony, ID with his be- grandmother. Families bring people to- years old, needs permanency. They all loved wife of 66 years, Wanda. Before gether and make it possible for them to need a loving, nurturing family that visiting my office, he returned to Da- make it through these times of uncer- will help them to grow, bring out their chau, Germany on the occasion of the tainty and hardship. unique personalities, and transform 60th anniversary of the camp’s libera- Now, more than ever, our focus is on them into beautiful adults. tion by the Americans. After taking bringing families together: we must re- Today, on National Adoption Day, I part in the commemoration ceremony, build, create, and transform these fam- have faith that this can be done and we he stopped in Washington, DC to visit ilies. National Adoption Day is a way must continue to be the catalysis. The the World War II Memorial and pay re- for this goal to be realized. It is in its miracle of adoption cannot be ex- spects to his fallen comrades. sixth year and helps the dream of a plained, but the loving parents that are Ralph was drafted in 1944 when he permanent family come true through holding their children for the first time was a young married man with three courts, judges, attorneys, and advo- today are living examples of how children living in Layton, UT. That cates who help to finalize adoptions. dreams can be realized. As an adoptive On this day, I would like to paint two young man was evident in the wizened mother myself, I cannot really explain pictures for you all: In 227 cities and 45 gentleman who sat in my office some the miracle of it, but I can only take a States, at courthouses, churches, mu- months ago, his experiences of those moment to offer my most humble difficult times surprisingly vivid in his seums, parks, and beautiful public places all over the country, at least thanks, gratitude, and appreciation to blue eyes. He spent time in France and all those across the Nation who have then in Germany assigned to the 42nd 4,000 children will find forever families, and dreams of thousands of adults will given their Saturday to help find wait- Quartermaster Company of the Army. ing children safe and loving homes. He remembers the bombings that be realized. I want you to picture what happens on this fall day, children run- Let us continue to remember, when cleared Wersberg, Germany, and bring- National Adoption Month and Day ends ing in supplies of food, clothing and ning, laughing, and playing with their new parent. Think about a girl or boy that there are still thousands of chil- ammunition for the soldiers. dren like D’Vonte and Reva who need Clearly, his most difficult time was planning their special outfit and joy- that sense of permanency. I challenge to come, for it was just months later ously awaiting the family celebration. Congress to make these children their on April 29, 1945, around 6 or 7 p.m. in Imagine the excitement welling up in- side of a child as he or she looks into first priority and to help them to fi- the evening that his company followed ∑ the troops into the liberated camps their new parent’s eyes and knows they nally realize that dream. with two truckloads of food for the sur- are finally part of a family. They will f vivors. Up to this point in the inter- never dread the sound of a car coming TRIBUTE TO HILTON A. WICK to take them away again or wonder view, Ralph had shared his experiences ∑ Mr. LEAHY. Mr. President, I rise where they will lay their heads or in great detail, telling of dates, places today to speak about Hilton Wick, a and times with remarkable acuity. which school they will be moved to. the great Vermonter who was recently When asked about what he saw that other picture is dramatically different: honored at a dedication ceremony in night, Ralph paused for a long minute In Louisiana alone, there are 4,424 chil- Burlington, VT. As a token of thanks and said, ‘‘Well, it’s just something you dren in foster care and 581,000 children for his tireless fundraising efforts on don’t like to talk about.’’ At that mo- nationwide waiting to be adopted. Only behalf of Fletcher Allen Health Care, ment, he was thousands of miles and 10 percent of these children will ever be the plaza in front of Fletcher Allen’s many years away from my office in the adopted. They have not had the luxury Ambulatory Care Center will now bear Dirksen Building. His blue eyes, glint- of their own room, a stable school envi- Hilton’s name. For decades, Hilton ing with the shine of old tears, re- ronment, or a constant adult in their Wick has committed his talents and flected the stark horror of that day, lives. the memory too overwhelming to put Most of these children entered into energy to improving his community, to words. State custody because their parents raising awareness, and inspiring in- Ralph continued to serve until 1946, were either unable or unwilling to care volvement on a wide variety of commu- when he returned to his wife and chil- for them. What today is all about is nity development projects. Not only dren and civilian life. Looking back, he transforming barriers into foundations. Burlington but all of Vermont can be said that he remembered paying atten- Tonight they will go home to their for- grateful for his outstanding leadership tion to the lifestyle of the people in the ever families. In speaking about for- and enormous generosity. countries where he served, and re- ever families, I want to bring your at- I would like to share with my col- marked that ‘‘We are blessed to be in tention to two of the many children in leagues an article from the October 29, this nation, a nation of human rights Louisiana that need forever families. 2005, edition of the Burlington Free and humanitarian service.’’ When Many children in the foster care sys- Press which magnificently describes asked about serving his country, Ralph tem are teenagers and have more dif- the contributions of Hilton Wick. I ask said only this: ‘‘It wasn’t easy to leave ficulty being adopted. These beautiful that the article be printed in the my wife and children, but I served my children are just waiting to flourish RECORD. country when I was called, and I knew with the right parent’s guidance. Reva, There being no objection, the mate- why I was called.’’ I would like to offer for example, is a 15-year-old, reserved rial was ordered to be printed in the my sincere thanks and gratitude for young woman who loves playing board RECORD, as follows: Ralph and his family for their sacrifice games. She also is great at basketball [From the Burlington Free Press, Oct. 29, and service so many years ago. It was and swimming. Reva does have a diag- 2005] a tremendous honor for me to have this nosis of major depression and HILTON WICK GIVES HIS ALL TO COMMUNITY particular member of ‘‘the greatest postraumatic stress disorder more than It is a fitting tribute to Burlington’s Hil- generation’’ in my office that day.∑ likely exacerbated by her time in fos- ton Wick that the plaza in front of Fletcher Allen Health Care’s new Ambulatory Care f ter care. D’Vonte is a 13-year-old vivacious Center is being named after him. HONORING NATIONAL ADOPTION young man who loves to dance and lis- The dedication for the Hilton A. Wick DAY ten to music on his CD player. His fa- Plaza on Sunday honors a man who has been ∑ vorite activities are working on art one of the most generous and steadfast com- Ms. LANDRIEU. Mr. President, I rise munity builders Burlington has known. today in honor of National Adoption projects and going swimming during When the hospital’s Renaissance Project Day. the summer months. As a true was in its darkest hours, Wick persevered If the events of the last few months Louisianan, he loves gumbo and is a with community fund-raising efforts despite have done nothing else, they have re- caring and affectionate child. the adversity, convinced that the goal of a

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13356 CONGRESSIONAL RECORD — SENATE November 18, 2005 better hospital remained sound and that CONGRATULATING SALYERSVILLE School of Lexington, KY. Christ the Vernmonters would benefit from it. GRADE SCHOOL King School is recognized as a 2005 No Through the years and with a broad array Child Left Behind Blue Ribbon School. of causes, Wick’s message has been ‘‘get in- ∑ Mr. BUNNING. Mr. President, today I volved, get committed, do what you can to rise to congratulate Salyersville Grade The Blue Ribbon Schools Program help achieve success and don’t forget that School of Salyersville, KY. Salyersville has been celebrating high achieving little things do matter,’’ according to his Grade School is recognized as a 2005 No schools for over 20 years. Established friend, Dan Feeney, who worked with Wick Child Left Behind Blue Ribbon School. in 1982 by the U.S. Department of Edu- on several capital campaigns. The Blue Ribbon Schools Program cation, the program has recognized Burlington, and Vermont, have been the has been celebrating high achieving more than 3,000 schools since its incep- fortunate benefactors of Wick’s remarkable tion. This year, six Kentucky schools ability to rally people around good causes, schools for over 20 years. Established including the United Way, the American in 1982 by the U.S. Department of Edu- join this distinguished list, and I am Cancer Society, the Intervale Foundation, cation, the program has recognized proud to say that Christ the King the ECHO Center and the Community Health more than 3,000 schools since its incep- School is one of the worthy recipients. Center. tion. This year, six Kentucky schools By demanding excellence from each The health center, which serves under- join this distinguished list, and I am and every student, Christ the King insured and uninsured Vermonters, recog- School truly celebrates the blue ribbon nized Wick at its annual meeting this week proud to say that Salyersville Grade as a kind of guru or ‘‘professor’’ of commu- School is one of the worthy recipients. standard of excellence that the No nity fund-raisers in Burlington. ‘‘To have By demanding excellence from each Child Left Behind Program strives to Hilton as your friend is to have a mentor, a and every student, Salyersville Grade achieve. Christ the King School is an philanthropic advisor, social connector, poli- School truly celebrates the blue ribbon example of how Kentucky’s Catholic tician and the best story teller,’’ according standard of excellence that the No schools continue to inspire young to an announcement from the health center. Child Left Behind Program strives to minds by providing a caring, faith- When people gather Sunday to honor wick, based learning environment. now 85, they will share stories of a man who achieve. Salyersville Grade School is leads by example, inspiring others to give an example of what our Kentucky I congratulate Christ the King back to the community—a commitment he schools can achieve when we have School on this achievement. The ad- has held deeply since escaping death in the enough faith in our students to chal- ministrators, teachers, parents, and South Pacific during World War II. lenge them to become the leaders this students of this school are an inspira- The son of a railroad worker and home- country so desperately needs. tion to the citizens of Kentucky. I look maker in rural Pennsylvania, Wick came to I congratulate Salyersville Grade forward to all that Christ the King Vermont in 1949 after graduating from Har- School accomplishes in the future.∑ vard Law School the previous year. He prac- School on this achievement. The ad- ticed law and continues the practice with his ministrators, teachers, parents, and f son Jim at Wick & Maddocks in Burlington; students of this school are an inspira- CONGRATULATING BRODHEAD he taught business law at the University of tion to the citizens of Kentucky. look ELEMENTARY SCHOOL Vermont; and he was president and later forward to all that Salyersville Grade ∑ chairman of the board of Chittenden Trust School accomplishes in the future.∑ Mr. BUNNING. Mr. President, today I Co. He ran for governor in 1984 and served a rise to congratulate Brodhead Elemen- f term as a state senator in 1988. tary School of Brodhead, KY. Brodhead His friends know him especially for his de- CONGRATULATING SAINT AGNES Elementary School is recognized as a votion to his family—his five children and PARISH SCHOOL his late wife Barbara, who died of breast can- 2005 No Child Left Behind Blue Ribbon cer in 2001—and his community. ∑ Mr. BUNNING. Mr. President, today I School. George Little, a former state senator who rise to congratulate Saint Agnes Par- The Blue Ribbon Schools Program served with Wick on a number of fund-rais- ish School of Louisville, KY. Saint has been celebrating high achieving ing drives, said his longtime friend has Agnes Parish School is recognized as a schools for over 20 years. Established raised more money for health care, edu- 2005 No Child Left Behind Blue Ribbon in 1982 by the U.S. Department of Edu- cation and other projects ‘‘than I can pos- cation, the program has recognized sibly count. School. ‘‘Hilton is an extraordinary human being The Blue Ribbon Schools Program more than 3,000 schools since its incep- who has made his life an example of thought- has been celebrating high achieving tion. This year, six Kentucky schools ful, unselfish generosity to his community,’’ schools for over 20 years. Established join this distinguished list, and I am Little said. in 1982 by the U.S. Department of Edu- proud to say that Brodhead Elemen- Lois McClure said Wick encouraged her cation, the program has recognized tary School is one of the worthy recipi- and her late husband, Mac, to give to a num- ents. ber of worthy projects including a building more than 3,000 schools since its incep- constructed in the 1980s at Fletcher Allen tion. This year, six Kentucky schools. By demanding excellence from each that bears the McClure name. ‘‘Mac said, join this distinguished list, and I am and every student, Brodhead Elemen- ‘When someone like Hilton feels I should do proud to say that Saint Agnes Parish tary School truly celebrates the blue it, I guess I had better do it.’ ’’ McClure re- School is one of the worthy recipients. ribbon standard of excellence that the called. By demanding excellence from each No Child Left Behind Program strives For Wick’s daughter, Julia, her father is a and every student, Saint Agnes Parish to achieve. Brodhead Elementary kind-hearted role model with a unique sense School truly celebrates the blue ribbon School is an example of what our Ken- of humor and a love of story-telling. He is tucky schools can achieve when we dedicated, she said, to helping those in need, standard of excellence that the No ‘‘a quiet and determined leader who imparts Child Left Behind Program strives to have enough faith in our students to his knowledge through inspiration.’’ achieve. Saint Agnes Parish School is challenge them to become the leaders Wick, who now lives at Shelburne Bay Sen- an example of how Kentucky’s Catholic this country so desperately needs. ior Living Community, said in an interview schools continue to inspire young I congratulate Brodhead Elementary Friday that he has enjoyed helping Bur- minds by providing a caring, faith- School on this achievement. The ad- lington, ‘‘a great place to live’’—and particu- based learning environment. ministrators, teachers, parents, and larly the hospital, where ‘‘the wonderful I congratulate Saint Agnes Parish students of this school are an inspira- medical personnel have kept me alive, when I’m not sure I was entitled to it.’’ School on this achievement. The ad- tion to the citizens of Kentucky. look Wick’s countless hours of public service ministrators, teachers, parents, and forward to all that Brodhead Elemen- have been recognized with numerous acco- students of this school are an inspira- tary School accomplishes in the fu- lades over the years, including several ‘‘Man tion to the citizens of Kentucky. look ture.∑ of the Year’’ awards from organizations and forward to all that Saint Agnes Parish f ‘‘Father of the Year’’ from the Lund Family School accomplishes in the future.∑ Center. But the real benefits are experienced CONGRATULATING SOUTHERN every day in the community, which has been f ELEMENTARY SCHOOL enriched and improved because of him. CONGRATULATING CHRIST THE ∑ Mr. BUNNING. Mr. President, today I Next time you walk across the plaza at KING SCHOOL Fletcher Allen Health Care, think of Hilton rise to congratulate Southern Elemen- Wick and the many contributions he has ∑ Mr. BUNNING. Mr. President, today I tary School of Beaver Dam, KY. South- made.∑ rise to congratulate Christ the King ern Elementary School is recognized as

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13357 a 2005 No Child Left Behind Blue Rib- EXECUTIVE MESSAGES REFERRED the House of Representatives and a condi- bon School. As in executive session the Presiding tional recess or adjournment of the Senate. The Blue Ribbon Schools Program Officer laid before the Senate messages f has been celebrating high achieving from the President of the United schools for over 20 years. Established States submitting sundry nominations ENROLLED BILL AND JOINT in 1982 by the U.S. Department of Edu- which were referred to the appropriate RESOLUTION SIGNED cation, the program has recognized committees. At 1:35 p.m., a message from the more than 3,000 schools since its incep- (The nominations received today are tion. This year, six Kentucky schools House of Representatives, delivered by printed at the end of the Senate pro- one of its clerks, announced that the join this distinguished list, and I am ceedings.) proud to say that Southern Elemen- Speaker has signed the following en- tary School is one of the worthy recipi- f rolled bill and joint resolution: ents. MESSAGES FROM THE HOUSE H.R. 4326. An act to authorize the Sec- By demanding excellence from each At 9:29 a.m., a message from the retary of the Navy to enter into a contract and every student, Southern Elemen- House of Representatives, delivered by for the nuclear refueling and complex over- haul of the U.S.S. Carl Vinson (CVN–70). tary School truly celebrates the blue Ms. Chiappardi, one of its reading ribbon standard of excellence that the H.J. Res. 72. An act making further con- clerks, announced that the House has tinuing appropriations for the fiscal year No Child Left Behind Program strives passed the following bill, in which it 2006, and for other purposes. to achieve. Southern Elementary requests the concurrence of the Senate: School is an example of what our Ken- The enrolled bill and joint resolution H.R. 4145. An act to direct the Joint Com- were signed subsequently by the Presi- tucky schools can achieve when we mittee on the Library to obtain a statue of dent pro tempore (Mr. STEVENS). have enough faith in our students to Rosa Parks and to place the statue in the challenge them to become the leaders United States Capitol in National Statuary At 1:56 p.m., a message from the this country so desperately needs. Hall, and for other purposes. House of Representatives, delivered by I congratulate Southern Elementary f School on this achievement. The ad- Mr. Hays, one of its reading clerks, an- ministrators, teachers, parents, and ENROLLED BILLS SIGNED nounced that the House has passed the students of this school are an inspira- At 9:50 a.m., a message from the following bill, with an amendment, in tion to the citizens of Kentucky. look House of Representatives, delivered by which it requests the concurrence of forward to all that Southern Elemen- Ms. Chiappardi, one of its reading the Senate: tary School accomplishes in the fu- clerks, announced that the Speaker has S. 1932: An act to provide for reconciliation ture.∑ signed the following enrolled bills: pursuant to section 202(a) of the concurrent resolution on the budget for fiscal year 2006 H.R. 126. An act to amend Public Law 89– f (H. Con. Res. 95). 366 to allow for an adjustment in the number CONGRATULATING LOST RIVER of free roaming horses permitted in Cape ELEMENTARY SCHOOL Lookout National Seashore. At 4:32 p.m., a message from the House of Representatives, delivered by ∑ Mr. BUNNING. Mr. President, today I H.R. 539. An act to designate certain Na- Ms. Niland, one of its reading clerks, rise to congratulate Lost River Ele- tional Forest System land in the Common- wealth of Puerto Rico as a component of the announced that the House agrees to mentary School of Bowling Green, KY. National Wilderness Preservation System. the report of the committee of con- Lost River Elementary School was re- H.R. 584. An act to authorize the Secretary ference on the disagreeing votes of the cently recognized as a 2005 No Child of the Interior to recruit volunteers to assist two Houses on the amendments of the Left Behind Blue Ribbon School. with, or facilitate, the activities of various The Blue Ribbon Schools Program agencies and offices of the Department of the Senate to the bill (H.R. 2528) making has been celebrating high achieving Interior. appropriations for military quality of schools for over 20 years. Established H.R. 606. An act to authorize appropria- life functions of the Department of De- in 1982 by the U.S. Department of Edu- tions to the Secretary of the Interior for the fense, military construction, the De- restoration of the Angel Island Immigration cation, the program has recognized partment of Veterans Affairs, and re- Station in the State of California. lated agencies for the fiscal year end- more than 3,000 schools since its incep- H.R. 1101. An act to revoke a Public Land tion. This year, six Kentucky schools Order with respect to certain lands erro- ing September 30, 2006, and for other join this distinguished list, and I am neously included in the Cibola National purposes. Wildlife Refuge, California. proud to say that Lost River Elemen- f tary School is one of the worthy recipi- H.R. 1972. An act to direct the Secretary of the Interior to conduct a special resource ents. MEASURES ORDERED HELD AT By demanding excellence from each study to determine the suitability and feasi- bility of including in the National Park Sys- THE DESK and every student, Lost River Elemen- tem certain sites in Williamson County, Ten- tary School truly celebrates the blue The following bill was discharged nessee, relating to the Battle of Franklin. from the Committee on Finance, ribbon standard of excellence that the H.R. 1973. An act to make access to safe No Child Left Behind Program strives water and sanitation for developing coun- passed without amendment, and or- to achieve. Lost River Elementary tries a specific policy objective of the United dered held at the desk, by unanimous School is an example of what our Ken- States foreign assistance programs, and for consent: tucky schools can achieve when we other purposes. S. 632. A bill to authorize the extension of S. 1234. An act to increase, effective as of unconditional and permanent nondiscrim- have enough faith in our students to December 1, 2005, the rates of compensation challenge them to become the leaders inatory treatment (permanent normal trade for veterans with service-connected disabil- relations treatment) to the products of this country so desperately needs. ities and the rates of dependency and indem- Ukraine, and for other purposes. I congratulate Lost River Elemen- nity compensation for the survivors of cer- tary School on this achievement. The tain disabled veterans. f administrators, teachers, parents, and The enrolled bills were signed subse- students of this school are an inspira- quently by the President pro tempore ENROLLED BILL PRESENTED tion to the citizens of Kentucky. look (Mr. STEVENS). The Secretary of the Senate reported forward to all that Lost River Elemen- that on today, November 18, 2005, she tary School accomplishes in the fu- At 11:30 a.m., a message from the had presented to the President of the ture.∑ House of Representatives, delivered by United States the following enrolled f Ms. Niland, one of its reading clerks, bill: announced that the House has agreed MESSAGES FROM THE PRESIDENT S. 1234. An act to increase, effective as of to the following concurrent resolution, December 1, 2005, the rates of compensation Messages from the President of the in which it requests the concurrence of for veterans with service-connected disabil- United States were communicated to the Senate: ities and the rates of dependency and indem- the Senate by Ms. Evans, one of his H. Con. Res. 307. Concurrent resolution nity compensation for the survivors of cer- secretaries. providing for a conditional adjournment of tain disabled veterans.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13358 CONGRESSIONAL RECORD — SENATE November 18, 2005 EXECUTIVE AND OTHER mitting, pursuant to law, the report of a rule received on November 15, 2005; to the Com- COMMUNICATIONS entitled ‘‘Airworthiness Directives; Empresa mittee on Commerce, Science, and Transpor- Brasileira de Aeronautica S.A. Model EMB– tation. The following communications were 135BJ, –135ER, –135KE, –135KL, –135LR, –145, EC–4721. A communication from the Pro- laid before the Senate, together with –145ER, –145MR, –145LR, –145XR, –145MP, and gram Analyst, Federal Aviation Administra- accompanying papers, reports, and doc- –145EP Airplanes’’ ((RIN2120–AA64)(2005– tion, Department of Transportation, trans- uments, and were referred as indicated: 0502)) received on November 15, 2005; to the mitting, pursuant to law, the report of a rule EC–4705. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- Transportation. Model 747 Airplanes’’ ((RIN2120–AA64)(2005– tion, Department of Transportation, trans- EC–4713. A communication from the Pro- 0521)) received on November 15, 2005; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- Transportation. EC–4722. A communication from the Pro- BURKHART GROB LUFT—UND mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- RAUMFAHRT GmbH and CO KG Models G103 entitled ‘‘Airworthiness Directives; Rolls- tion, Department of Transportation, trans- TWIN ASTIR, G103A TWIN II ACRO, and Royce plc RB211 Trent 875, 877, 884, 884B, 892, mitting, pursuant to law, the report of a rule G103C TWIN III ACRO Sailplanes’’ ((RIN2120– 892B, and 895 Series Turbofan Engines’’ entitled ‘‘Airworthiness Directives; British AA64)(2005–0507)) received on November 15, ((RIN2120–AA64)(2005–0518)) received on No- Aerospace Model HS 748 Airplanes’’ 2005; to the Committee on Commerce, vember 15, 2005; to the Committee on Com- ((RIN2120–AA64)(2005–0520)) received on No- Science, and Transportation. merce, Science, and Transportation. EC–4714. A communication from the Pro- vember 15, 2005; to the Committee on Com- EC–4706. A communication from the Pro- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–4723. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus Model A340–211, –212, –311, and –312 Air- mitting, pursuant to law, the report of a rule Model A330–200 and –300 and A340–200 and –300 planes’’ ((RIN2120–AA64)(2005–0517)) received entitled ‘‘Airworthiness Directives; The Series Airplanes’’ ((RIN2120–AA64)(2005–0508)) on November 15, 2005; to the Committee on Cessna Aircraft Company Models 401 401A, received on November 15, 2005; to the Com- Commerce, Science, and Transportation. 401B, 402, 402A, 402B, 402C, 404, 411, 411A, 414, mittee on Commerce, Science, and Transpor- EC–4715. A communication from the Pro- 414A, 421 421A, 421B, 421C, 425, and 441 Air- tation. gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(2005–0519)) received EC–4707. A communication from the Pro- tion, Department of Transportation, trans- on November 15, 2005; to the Committee on gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Dowty EC–4724. A communication from the Pro- mitting, pursuant to law, the report of a rule Aerospace Propellers Type R321/4–82–F/8, gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing R324/4–82–F/9, R333/4–82–F/12, and R334/4–82–F/ tion, Department of Transportation, trans- Model 757–200, –200CB, and –200PF Series Air- 13 Propeller Assemblies’’ ((RIN2120– mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(2005–0509)) received AA64)(2005–0516)) received on November 15, entitled ‘‘Airworthiness Directives; Rolls- on November 15, 2005; to the Committee on 2005; to the Committee on Commerce, Royce plc RB211 Trent 875, 877, 884, 884B, 892, Commerce, Science, and Transportation. Science, and Transportation. 892B, and 895 Series Turbofan Engines’’ EC–4708. A communication from the Pro- EC–4716. A communication from the Pro- ((RIN2120–AA64)(2005–0526)) received on No- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- vember 15, 2005; to the Committee on Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–4725. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- Model 737–100, –200, –200C, –300, –400, and –500 Model A319–100 Series Airplanes Model A320– tion, Department of Transportation, trans- Series Airplanes’’ ((RIN2120–AA64)(2005–0510)) 111 Airplanes; Model A320–200 Series Air- mitting, pursuant to law, the report of a rule received on November 15, 2005; to the Com- planes, and Model A321–100 and –200 Series entitled ‘‘Airworthiness Directives; Honey- mittee on Commerce, Science, and Transpor- Airplanes’’ ((RIN2120–AA64)(2005–0515)) re- well Flight Management System One Million tation. ceived on November 15, 2005; to the Com- Word Data Bases as Installed in, but Not EC–4709. A communication from the Pro- mittee on Commerce, Science, and Transpor- Limited to McDonnell Douglas Model MD–11 gram Analyst, Federal Aviation Administra- tation. and MD–11F Airplanes, Boeing Model 747–400 tion, Department of Transportation, trans- EC–4717. A communication from the Pro- Series Airplanes, and Boeing Model 757 and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 767 Airplanes’’ ((RIN2120–AA64)(2005–0525)) re- entitled ‘‘Airworthiness Directives; McDon- tion, Department of Transportation, trans- ceived on November 15, 2005; to the Com- nell Douglas Model DC–10–10 and DC–10–10F mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- Airplanes; Model DC–10–15 Airplanes; Model entitled ‘‘Airworthiness Directives; Boeing tation. DC–10–30 and DC–10–30F Airplanes; Model Model 727 Airplanes’’ ((RIN2120–AA64)(2005– EC–4726. A communication from the Pro- DC–10–40 and DC–10–40F Airplanes; Model 0514)) received on November 15, 2005; to the gram Analyst, Federal Aviation Administra- MD–10–10F and MD–10–30F Airplanes; and Committee on Commerce, Science, and tion, Department of Transportation, trans- Model MD–11 and MD–11F Airplanes’’ Transportation. mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2005–0511)) received on No- EC–4718. A communication from the Pro- entitled ‘‘Airworthiness Directives; Bell Hel- vember 15, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- icopter Textron Model 212, 412 and 412EP Hel- merce, Science, and Transportation. tion, Department of Transportation, trans- icopters’’ ((RIN2120–AA64)(2005–0523)) re- EC–4710. A communication from the Pro- mitting, pursuant to law, the report of a rule ceived on November 15, 2005; to the Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Airbus mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Model A300 B4–620, A310–304, A310–324, and tation. mitting, pursuant to law, the report of a rule A310–325 Airplanes’’ ((RIN2120–AA64)(2005– EC–4727. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing 0512)) received on November 15, 2005; to the gram Analyst, Federal Aviation Administra- Model 747–100, –200B, –200F, –200C, –100B, –300, Committee on Commerce, Science, and tion, Department of Transportation, trans- –100B SUD, –400, –400D, and –400F Series Air- Transportation. mitting, pursuant to law, the report of a rule planes; and Model 747 SR Series Airplanes’’ EC–4719. A communication from the Pro- entitled ‘‘Airworthiness Directives; Pratt ((RIN2120–AA64)(2005–0500)) received on No- gram Analyst, Federal Aviation Administra- and Whitney JT8D–200 Series Turbofan En- vember 15, 2005; to the Committee on Com- tion, Department of Transportation, trans- gines’’ ((RIN2120–AA64)(2005–0524)) received merce, Science, and Transportation. mitting, pursuant to law, the report of a rule on November 15, 2005; to the Committee on EC–4711. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Model 737–100, –200, and –200C Series Air- EC–4728. A communication from the Pro- tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64)(2005–0513)) received gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule on November 15, 2005; to the Committee on tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Model 757–200, –200PF, and –300 Series Air- EC–4720. A communication from the Pro- entitled ‘‘Airworthiness Directives; GROB– planes, Powered by Pratt and Whitney gram Analyst, Federal Aviation Administra- WERKE Model G120A Airplanes’’ ((RIN2120– PW2000 Series Engines’’ ((RIN2120– tion, Department of Transportation, trans- AA64)(2005–0545)) received on November 18, AA64)(2005–0501)) received on November 15, mitting, pursuant to law, the report of a rule 2005; to the Committee on Commerce, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; McDon- Science, and Transportation. Science, and Transportation. nell Douglas Model DC–9–14, DC–9–15, and EC–4729. A communication from the Pro- EC–4712. A communication from the Pro- DC–9–15F Airplanes; and McDonnell Douglas gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Model DC–9–20, DC–9–30, DC–9–40, and DC–9–50 tion, Department of Transportation, trans- tion, Department of Transportation, trans- Series Airplanes’’ ((RIN2120–AA64)(2005–0522)) mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13359 entitled ‘‘Airworthiness Directives; Pratt Performance Accountability Report for Fis- EC–4751. A communication from the Acting and Whitney JT8D–200 Series Turbofan En- cal Year 2005; to the Committee on Home- Chief, Publications and Regulations, Inter- gines’’ ((RIN2120–AA64)(2005–0546)) received land Security and Governmental Affairs. nal Revenue Service, Department of the on November 18, 2005; to the Committee on EC–4739. A communication from the Rail- Treasury, transmitting, pursuant to law, the Commerce, Science, and Transportation. road Retirement Board, transmitting, pursu- report of a rule entitled ‘‘Bureau of Labor EC–4730. A communication from the Pro- ant to law, the Board’s Performance and Ac- Statistics Price Indexes for Department gram Analyst, Federal Aviation Administra- countability Report for Fiscal Year 2005; to Stores—September 2005’’ (Rev. Rul. 2005–73) tion, Department of Transportation, trans- the Committee on Homeland Security and received on November 18, 2005; to the Com- mitting, pursuant to law, the report of a rule Governmental Affairs. mittee on Finance. entitled ‘‘Airworthiness Directives; General EC–4740. A communication from the Sec- EC–4752. A communication from the Acting Electric Company CT7–5, –7, and –9 Series retary of Housing and Urban Development, Chief, Publications and Regulations, Inter- Turboprop Engines’’ ((RIN2120–AA64)(2005– transmitting, pursuant to law, the Depart- nal Revenue Service, Department of the 0547)) received on November 18, 2005; to the ment’s Performance and Accountability re- Treasury, transmitting, pursuant to law, the Committee on Commerce, Science, and port for Fiscal Year 2005; to the Committee report of a rule entitled ‘‘Section 832 Dis- Transportation. on Homeland Security and Governmental Af- count Factors for 2005’’ (Rev. Proc. 2005–73) EC–4731. A communication from the Pro- fairs. received on November 18, 2005; to the Com- gram Analyst, Federal Aviation Administra- EC–4741. A communication from the Chair- mittee on Finance. tion, Department of Transportation, trans- man, International Trade Commission, EC–4753. A communication from the Acting mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the Commis- Chief, Publications and Regulations, Inter- nal Revenue Service, Department of the entitled ‘‘Airworthiness Directives; Honey- sion’s Performance and Accountability Re- Treasury, transmitting, pursuant to law, the well Flight Management System One Million port for Fiscal Year 2005; to the Committee report of a rule entitled ‘‘Section 846 Dis- Word Data Bases as Installed in, but Not on Homeland Security and Governmental Af- count Factors for 2005’’ (Rev. Proc. 2005–72) Limited to, McDonnell Douglas Model MD–11 fairs. received on November 18, 2005; to the Com- EC–4742. A communication from the Sec- and MD–11F Airplanes, Boeing Model 747–400 mittee on Finance. Series Airplanes, and Boeing Model 757 and retary of Transportation transmitting, pur- EC–4754. A communication from the United 767 Airplanes’’ ((RIN2120–AA64)(2005–0548)) re- suant to law, the Department’s Performance States Trade Representative, Executive Of- ceived on November 18, 2005; to the Com- and Accountability Report for Fiscal Year fice of the President, transmitting, pursuant mittee on Commerce, Science, and Transpor- 2005; to the Committee on Homeland Secu- to law, documents relating to the United tation. rity and Governmental Affairs. States–Bahrain Free Trade Agreement; to EC–4732. A communication from the Pro- EC–4743. A communication from the Sec- the Committee on Finance. gram Analyst, Federal Aviation Administra- retary of Labor, transmitting, pursuant to EC–4755. A communication from the Assist- tion, Department of Transportation, trans- law, the Department’s Performance and Ac- ant Secretary for Legislative Affairs, De- mitting, pursuant to law, the report of a rule countability Report for Fiscal Year 2005; to partment of State, transmitting, pursuant to entitled ‘‘Airworthiness Directives; Airbus the Committee on Homeland Security and the Arms Export Control Act, the certifi- Model A320–111 Airplanes, and Model A320– Governmental Affairs. cation of a proposed manufacturing license 200 Series Airplanes’’ ((RIN2120–AA64)(2005– EC–4744. A communication from the Gen- agreement for the manufacture of significant 0550)) received on November 18, 2005; to the eral Counsel, Office of Government Ethics, military equipment abroad to the United Committee on Commerce, Science, and transmitting, pursuant to law, the report of Kingdom; to the Committee on Foreign Rela- Transportation. a rule entitled ‘‘Additional Exemption’’ tions. EC–4733. A communication from the Pro- (RIN3209–AA09) received on November 16, EC–4756. A communication from the Assist- gram Analyst, Federal Aviation Administra- 2005; to the Committee on Homeland Secu- ant Secretary for Legislative Affairs, De- tion, Department of Transportation, trans- rity and Governmental Affairs. partment of State, transmitting, pursuant to mitting, pursuant to law, the report of a rule EC–4745. A communication from the Sec- the Arms Export Control Act, the certifi- entitled ‘‘Airworthiness Directives; retary of Homeland Security, transmitting, cation of a proposed license for the export of Mitsubishi Model YS–11 Airplanes, and pursuant to law, the Department’s Perform- defense articles or defense services sold com- Model YS–11A–200, YS–11A–300, YS–11A–500, ance and Accountability Report for Fiscal mercially under a contract in the amount of and YS–11A–600 Series Airplanes’’ ((RIN2120– Year 2005; to the Committee on Homeland $50,000,000 or more to Kazakhstan; to the AA64)(2005–0551)) received on November 18, Security and Governmental Affairs. Committee on Foreign Relations. 2005; to the Committee on Commerce, EC–4746. A communication from the Sec- EC–4757. A communication from the Sec- Science, and Transportation. retary of Education, transmitting, pursuant retary of Health and Human Services, trans- EC–4734. A communication from the Pro- to law, the Department’s Performance and mitting, pursuant to law, the report on the gram Analyst, Federal Aviation Administra- Accountability Report for Fiscal Year 2005; status of petitions for designating class of tion, Department of Transportation, trans- to the Committee on Homeland Security and employees as members of the special cohort; mitting, pursuant to law, the report of a rule Governmental Affairs. to the Committee on Health, Education, entitled ‘‘Airworthiness Directives; General EC–4747. A communication from the Pro- Labor, and Pensions. EC–4758. A communication from the Attor- Electric Company CF6–80E1 Series Turbofan gram Analyst, Federal Aviation Administra- ney, Office of Procurement and Assistance Engines’’ ((RIN2120–AA64)(2005–0552)) re- tion, Department of Transportation, trans- Policy, Department of Energy, transmitting, ceived on November 18, 2005; to the Com- mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- ‘‘Assistance Regulations’’ (RIN1991–AB72) re- Procedures; Miscellaneous Amendments (9)’’ tation. ceived on November 18, 2005; to the Com- EC–4735. A communication from the Pro- ((RIN2120–AA65)(2005–0033)) received on No- mittee on Energy and Natural Resources. gram Analyst, Federal Aviation Administra- vember 18, 2005; to the Committee on Com- EC–4759. A communication from the Direc- tion, Department of Transportation, trans- merce, Science, and Transportation. tor, Office of Surface Mining, Department of mitting, pursuant to law, the report of a rule EC–4748. A communication from the Pro- the Interior, transmitting, pursuant to law entitled ‘‘Establishment of Area Navigation gram Analyst, Federal Aviation Administra- the report of a rule entitled ‘‘Civil Penalty Instrument Flight Rules Terminal Transi- tion, Department of Transportation, trans- Adjustments’’ (RIN1029–AC48) received on tion Routes; Jacksonville, FL’’ ((RIN2120– mitting, pursuant to law, the report of a rule November 17, 2005; to the Committee on En- AA66)(2005–0255)) received on November 18, entitled ‘‘Airworthiness Directives; Boeing ergy and Natural Resources. 2005; to the Committee on Commerce, Model 727 Airplanes’’ ((RIN2120–AA64)(2005– EC–4760. A communication from the Direc- Science, and Transportation. 0549)) received on November 18, 2005; to the tor, Office of Hearings and Appeals, Depart- EC–4736. A communication from the Pro- Committee on Commerce, Science, and ment of the Interior, transmitting, pursuant gram Analyst, Federal Aviation Administra- Transportation. to law, the report of a rule entitled ‘‘Re- tion, Department of Transportation, trans- EC–4749. A communication from the Acting source Agency Procedures for Conditions and mitting, pursuant to law, the report of a rule Chief, Publications and Regulations, Inter- Prescriptions in Hydropower Licenses’’ entitled ‘‘Standard Instrument Approach nal Revenue Service, Department of the (RIN0596–AC42, RIN1094–AA51, RIN0648–AU01) Procedures; Miscellaneous Amendments Treasury, transmitting, pursuant to law, the received on November 18, 2005; to the Com- (73)’’ ((RIN2120–AA65)(2005–0032)) received on report of a rule entitled ‘‘CPI Adjustment for mittee on Energy and Natural Resources. November 18, 2005; to the Committee on Section 1274A for 2006’’ (Rev. Rul. 2005–76) re- f Commerce, Science, and Transportation. ceived on November 18, 2005; to the Com- EC–4737. A communication from the Chair- mittee on Finance. PETITIONS AND MEMORIALS man, Federal Election Commission, trans- EC–4750. A communication from the Acting The following petition or memorial mitting, pursuant to law, the Commission’s Chief, Publications and Regulations, Inter- Performance and Accountability Report for nal Revenue Service, Department of the was laid before the Senate and was re- fiscal year 2005; to the Committee on Home- Treasury, transmitting, pursuant to law, the ferred or ordered to lie on the table as land Security and Governmental Affairs. report of a rule entitled ‘‘CPI Adjustment for indicated: EC–4738. A communication from the Gen- Section 7872(g) for 2006’’ (Rev. Rul. 2005–75) POM–221. A resolution adopted by the Gen- eral Counsel, Office of Government Ethics, received on November 18, 2005; to the Com- eral Court of the Commonwealth of Massa- transmitting, pursuant to law, the Office’s mittee on Finance. chusetts relative to the early termination

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13360 CONGRESSIONAL RECORD — SENATE November 18, 2005 fees imposed by cellular telephone compa- ject to the nominee’s commitment to Maura Garland, none; William Burns Gar- nies; to the Committee on Commerce, respond to requests to appear and tes- land, none. Science, and Transportation. tify before any duly constituted com- 4. Parents: Bruce van Voorst, Barbara van Whereas, the issue of early termination mittee of the Senate. Voorst, (stepmother) (joint contributions): fees imposed by cellular phone companies is $100, 3/16/05, Friends of Hillary Rodham Clin- one of great importance to the citizens of the f ton; $100, 7/11/05, Bill Nelson for Senate; $100, Commonwealth of Massachusetts; and 2/11/04, Democratic Congressional Campaign Whereas, lawsuits by customers adversely DISCHARGED NOMINATIONS Committee; $50, 2/11/04, Nelson for U.S. Sen- affected by early termination fees have been The Senate Committee on Foreign Rela- ate; $500, 3/12/04, John Kerry for President; filed in courts in California, Florida and Illi- tions was discharged from further consider- $1,000, 7/8/04, Kerry Victory 2004; $200, 6/27/03, nois; and ation of the following nominations and the Bob Graham for President; $500, 11/12/03, Whereas, a ‘‘petition of the Cellular Tele- nominations were confirmed: Dean for America; $100, 2/25/02, Democratic communications and Internet Association Ronald L. Schlicher, of Tennessee, to be Senatorial Campaign Committee; $100, 5/7/01, for an expedited declaratory ruling’’ has re- Ambassador to the Republic of Cyprus. Democratic Senatorial Campaign Com- cently been filed with the Federal Commu- Nominee: Ronald Lewis Schlicher. mittee; $100, 5/7/01, Democratic Congressional nications Commission (FCC); and Post: Cyprus. Campaign Committee. Whereas, the major cellular phone compa- The following is a list of all members of Marilyn van Voorst, deceased. nies are now mounting efforts to preempt my immediate family and their spouses. I 5. Grandparents: Dorothy van Voorst, de- strong State consumer protection statutes in have asked each of these persons to inform ceased; Jacob van Voorst, deceased; Martin an effort to circumvent legal challenges in a me of the pertinent contributions made by Van Hekken, deceased; Minnie Van Hekken, number of States by their petition to the them. To the best of my knowledge, the in- deceased. FCC on March 15, 2005; and formation contained in this report is com- 6. Brothers and spouses: Mark van Voorst, Whereas, this petition from the cellular plete and accurate. none; Cindi van Voorst, none. phone industry requests that early termi- Contributions, amount, date, and donee: 7. Sisters and spouses: Susan Prins, none; nation fees should not be defined as penalties 1. Self: None. Michael Prins, none. designed to restrict consumer choice, but 2. Spouse: Not applicable. Kathryn Marchmont Robinson, Hugh rather as part of the rates that the compa- 3. Children and spouses: Not applicable. Marchmont Robinson (jointly): $300, 2000, Re- nies charge their customers for cellular 4. Parents: Father, deceased; Mother, Thel- publican National Committee; $150, 2000, Re- phone services; and ma Schlicher, none. publican National Committee. Whereas, recent reports dispute the indus- 5. Grandparents: Deceased. try’s claims and find that 89 per cent of con- 6. Brothers and spouses: Brother, Michael Ross Wilson, of Maryland, to be Ambas- sumers believe that early termination fees Schlicher, none. sador to the Republic of Turkey. are used as penalties to prevent consumers 7. Sisters and spouses: Sister, Deborah Nominee: Ross Wilson. from shopping for better, more fairly-priced Rankin, none. Post: Ankara service; now therefore be it The following is a list of all members of Resolved, that the Massachusetts General Alejandro Daniel Wolff, of California, to be my immediate family and their spouses. I Court joins and asks the Federal Commu- the Deputy Representative of the United have asked each of these persons to inform nications Commission to deny the ‘‘petition States of America to the United Nations, me of the pertinent contributions made by of the cellular telecommunications and with the rank and status of Ambassador, and them. To the best of my knowledge, the in- internet association for an expedited declar- the Deputy Representative of the United formation contained in this report is com- atory ruling’’ and that the FCC not recognize States of America in the Security Council of plete and accurate. early termination fees as part of a com- the United Nations. Contributions, amount, date, and donee: pany’s rate structure and allow for contin- Alejandro Daniel Wolff, of California, a Ca- 1. Self: none. ued State action; and be it further reer Member of the Senior Foreign Service, 2. Spouse: Marguerite H. Squire, none. Resolved, that the Massachusetts Senate Class of Minister-Counselor, to be Represent- 3. Children and Spouses: C. Blake Wilson, memorializes the Federal Communications ative of the United States of America to the none; Grady S. Wilson, none. Commission, the Bush Administration, and Sessions of the General Assembly of the 4. Parents: Winnidell Wilson, John Wilson, Congress of the United States not to take United Nations, during his tenure of service deceased. any steps requested by cellular phone compa- as Deputy Representative of the United 5. Grandparents: All deceased 1974 or ear- nies of their industry representatives that States of America to the United Nations. lier, none. are designed to prevent cellular phone com- Nominee: Alejandro Daniel Wolff. 6. Brothers and Spouses: Murray Wilson, panies from being held legally accountable Post: USUN. none; Rebecca Wilson, none. at the local, State of Federal levels, for the The following is a list of all members of 7. Sisters and Spouses: Joanne Lindahl, negative impacts of early termination fees; my immediate family and their spouses. I none; Duane Lindahl, none. and be it further have asked each of these persons to inform Resolved, that a copy of these resolutions me of the pertinent contributions made by Donald M. Payne, of New Jersey, to be a be transmitted forthwith by the Clerk of the them. To the best of my knowledge, the in- Representative of the United States of Amer- Senate to the Federal Communications Com- formation contained in this report is com- ica to the Sixtieth Session of the General As- mission, President George W. Bush, and the plete and accurate. sembly of the United Nations. members of the United States Congress from Contributions, amount, date, and donee: Edward Randall Royce, of California, to be the Commonwealth of Massachusetts. 1. Self: Alejandro Wolff, none. a Representative of the United States of f 2. Spouse: Alexandra Wolff, none. America to the Sixtieth Session of the Gen- 3. Children and spouses: Philip and Michael eral Assembly of the United Nations. REPORTS OF COMMITTEES Wolff, none. Foreign Service nominations beginning The following reports of committees 4. Parents: Gerard and Toni Wolff, none. with R. Nicholas Burns and ending with were submitted: 5. Grandparents: All deceased in Argentina, Charles E. Wright, which nominations were none. received by the Senate and appeared in the By Mr. COCHRAN, from the Committee on 6. Brothers and spouses: Claudio and Sarah Congressional Record on October 17, 2005. Appropriations: Wolff, none; Richard and Susan Wolff, none. Special Report entitled ‘‘Further Revised f Allocation to Subcommittees of Budget To- Carol van Voorst, of Virginia, to be Ambas- INTRODUCTION OF BILLS AND tals from the Concurrent Resolution for Fis- sador to the Republic of Iceland. JOINT RESOLUTIONS cal Year 2006’’ (Rept. No. 109–184). Nominee: Carol van Voorst. The following bills and joint resolu- f Post: Ambassador to Iceland. tions were introduced, read the first EXECUTIVE REPORT OF The following is a list of all members of my immediate family and their spouses. I and second times by unanimous con- COMMITTEE have asked each of these persons to inform sent, and referred as indicated: The following executive report of me of the pertinent contributions made by By Mr. ROBERTS (for himself, Mr. committee was submitted: them. To the best of my knowledge, the in- NELSON of Nebraska, Mr. ISAKSON, formation contained in this report is com- and Mr. SANTORUM): By Mr. ENZI for the Committee on Health, plete and accurate. S. 2052. A bill to amend the Internal Rev- Education, Labor, and Pensions. Contributions, amount, date, and donee: enue Code of 1986 to provide a credit to cer- *Bruce Cole, of Indiana, to be Chairperson 1. Self: Carol van Voorst, none. tain agriculture-related businesses for the of the National Endowment for the Human- 2. Spouse: William A. Garland, none. cost of protecting certain chemicals; to the ities for a term of four years. 3. Children and spouses (stepchildren): Ju- Committee on Finance. *Nomination was reported with rec- dith Garland, none; Karen Garland By Mrs. CLINTON (for herself, Mr. ommendation that it be confirmed sub- Fructuoso, none; Bernard Fructuoso, none; DEWINE, Mr. OBAMA, and Mr. SMITH):

VerDate Aug 31 2005 06:21 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18NO5.REC S18NO5 hmoore on PROD1PC68 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — SENATE S13361 S. 2053. A bill to amend the Internal Rev- S. 2065. A bill to amend the Occupational States as children, and for other purposes; to enue Code of 1986 to provide a tax credit for Safety and Health Act of 1970 to further im- the Committee on the Judiciary. property owners who remove lead-based prove the safety and health of working envi- By Mr. LEAHY (for himself, Mr. paint hazards; to the Committee on Finance. ronments, and for other purposes; to the HATCH, Ms. MIKULSKI, Mr. DURBIN, By Mr. JEFFORDS: Committee on Health, Education, Labor, and Mr. DEWINE, Mr. BIDEN, Mrs. FEIN- S. 2054. A bill to direct the Secretary of the Pensions. STEIN, Mr. FEINGOLD, Mr. SMITH, Mr. Interior to conduct a study of water re- By Mr. ENZI (for himself, Mr. ISAKSON, DODD, Mr. CHAMBLISS, Mr. ROCKE- sources in the State of Vermont; to the Com- Mr. CRAIG, Mr. BURR, Mr. ROBERTS, FELLER, Mr. LIEBERMAN, Mrs. BOXER, mittee on Energy and Natural Resources. Mr. SESSIONS, Mr. WARNER, Mr. Mr. WYDEN, Mr. NELSON of Florida, By Mr. KERRY: GREGG, and Mr. DEMINT): and Mr. CORZINE): S. 2055. A bill to amend titles 10 and 14, S. 2066. A bill to amend the Occupational S. 2076. A bill to amend title 5, United United States Code to provide for the use of Safety and Health Act of 1970 to further im- States Code, to provide to assistant United gold in the metal content of the Medal of prove the safety and health of working envi- States attorneys the same retirement bene- Honor; to the Committee on Banking, Hous- ronments, and for other purposes; to the fits as are afforded to Federal law enforce- ing, and Urban Affairs. Committee on Health, Education, Labor, and ment officers; to the Committee on Home- By Mr. ALLEN (for himself and Mr. Pensions. land Security and Governmental Affairs. WARNER): By Mr. ENZI (for himself, Mrs. MUR- By Mr. SESSIONS: S. 2056. A bill to require the Secretary of RAY, Mr. ISAKSON, Mr. BURR, Mr. SES- S. 2077. A bill to amend the Internal Rev- the Treasury to redesign $1 Federal reserve SIONS, and Mr. GREGG): enue Code of 1986 to allow income averaging notes so as to incorporate the preamble of S. 2067. A bill to assist chemical manufac- for private forest landowners; to the Com- the Constitution of the United States, a list turers and importers in preparing material mittee on Finance. describing the Articles of the Constitution, safety data sheets pursuant to the require- By Mr. MCCAIN: and a list describing the Amendments to the ments of the Hazard Communication stand- S. 2078. A bill to amend the Indian Gaming Constitution, on the reverse side of such ard and to establish a Commission to study Regulatory Act to clarify the authority of note; to the Committee on Banking, Hous- and make recommendations regarding the the National Indian Gaming Commission to ing, and Urban Affairs. implementation of the Globally Harmonized regulate class III gaming, to limit the lands By Mrs. CLINTON (for herself, Mr. System of Classification and Labeling of eligible for gaming, and for other purposes; HARKIN, Mr. DURBIN, Mr. KENNEDY, Chemicals; to the Committee on Health, to the Committee on Indian Affairs. Mr. KERRY, Ms. LANDRIEU, Mr. LAU- Education, Labor, and Pensions. By Mr. SMITH (for himself, Mr. THUNE, TENBERG, and Mr. INOUYE): By Ms. COLLINS (for herself, Mr. Mr. ALLARD, Mr. BURNS, and Mr. S. 2057. A bill to establish State infrastruc- VOINOVICH, and Mr. AKAKA): THOMAS): ture banks for education, and for other pur- S. 2068. A bill to preserve existing judge- S. 2079. A bill to improve the ability of the poses; to the Committee on Health, Edu- ships on the Superior Court of the District of Secretary of Agriculture and the Secretary cation, Labor, and Pensions. Columbia; to the Committee on Homeland of the Interior to promptly implement recov- By Mr. FEINGOLD: Security and Governmental Affairs. ery treatments in response to catastrophic S. 2058. A bill to promote transparency and By Mr. COLEMAN (for himself, Mr. events affecting the natural resources of reduce anti-competitive practices in the DAYTON, and Mr. DEWINE): Forest Service land and Bureau of Land radio and concert industries; to the Com- S. 2069. A bill to improve the safety of all- Management land, respectively, to support mittee on Commerce, Science, and Transpor- terrain vehicles in the United States, and for the recovery of non-Federal land damaged by tation. other purposes; to the Committee on Com- catastrophic events, to assist impacted com- By Mrs. CLINTON (for herself, Mr. merce, Science, and Transportation. munities, to revitalize Forest Service experi- LEAHY, Mr. SCHUMER, and Mr. JEF- By Mr. SCHUMER: mental forests, and for other purposes; to the FORDS): S. 2070. A bill to provide certain require- Committee on Energy and Natural Re- S. 2059. A bill to establish the Hudson-Ful- ments for hydroelectric projects on the Mo- sources. ton-Champlain 400th Commemoration Com- hawk River in the State of New York; to the mission, and for other purposes; to the Com- Committee on Energy and Natural Re- f mittee on Energy and Natural Resources. sources. SUBMISSION OF CONCURRENT AND By Mr. VOINOVICH (for himself and By Ms. SNOWE (for herself, Mr. BINGA- Mr. AKAKA): MAN, Ms. COLLINS, Mr. DORGAN, and SENATE RESOLUTIONS S. 2060. A bill to extend the District of Co- Mr. ROCKEFELLER): The following concurrent resolutions lumbia College Access Act of 1999 and make S. 2071. A bill to amend title XVIII of the and Senate resolutions were read, and certain improvements; to the Committee on Social Security Act to clarify congressional referred (or acted upon), as indicated: Homeland Security and Governmental Af- intent regarding the counting of residents in fairs. the nonhospital setting under the medicare By Mr. ENSIGN (for himself and Mr. By Mr. NELSON of Nebraska (for him- program; to the Committee on Finance. DURBIN): self, Mr. SESSIONS, and Mr. COBURN): By Mr. REID: S. Res. 320. A resolution calling the Presi- S. 2061. A bill to amend the Immigration S. 2072. A bill to provide for the convey- dent to ensure that the foreign policy of the and Nationality Act and other Act to provide ance of certain public lands in and around United States reflects appropriate under- for true enforcement and border security, historic mining townsites in Nevada, and for standing and sensitivity concerning issues and for other purposes; to the Committee on other purposes; to the Committee on Energy related to human rights, ethnic cleansing, the Judiciary. and Natural Resources. and genocide documented in the United By Mr. VITTER: By Mrs. CLINTON: States record relating to the Armenian S. 2062. A bill to amend the Internal Rev- S. 2073. A bill to amend the Internal Rev- Genocide; to the Committee on Foreign Re- enue Code of 1986 to provide that certain de- enue Code of 1986 to provide a tax credit for lations. ductions of school bus owner-operators shall property owners who remove lead-based By Mr. DEWINE (for himself and Mr. be allowable in computing adjusted gross in- paint hazards; to the Committee on Finance. HARKIN): come; to the Committee on Finance. By Mr. BINGAMAN (for himself, Mr. S. Res. 321. A resolution commemorating By Mr. VITTER: BAUCUS, Mr. DORGAN, Mrs. MURRAY, the life, achievements, and contributions of S. 2063. A bill to amend the Higher Edu- Ms. CANTWELL, and Mr. JOHNSON): Alan A. Reich; to the Committee on the Ju- cation Act of 1965 to require institutions of S. 2074. A bill to amend title XIX of the So- diciary. higher education to preserve the educational cial Security Act to provide for fair treat- By Mr. BIDEN (for himself, Mr. status and financial resources of military ment of services furnished to Indians under MCCAIN, and Mr. OBAMA): personnel called to active duty; to the Com- the medicaid program, and for other pur- S. Res. 322. A resolution expressing the mittee on Health, Education, Labor, and poses; to the Committee on Finance. sense of the Senate on the trial, sentencing Pensions. By Mr. DURBIN (for himself, Mr. and imprisonment of Mikhail Khodorkovsky By Mr. LUGAR (for himself and Mr. HAGEL, Mr. LUGAR, Mr. KENNEDY, Mr. and Platon Lebedev; considered and agreed BAYH): MCCAIN, Mr. LEAHY, Mr. COLEMAN, to. S. 2064. A bill to designate the facility of Mr. LIEBERMAN, Mr. CRAIG, Mr. FEIN- By Mr. COLEMAN (for himself, Mr. the United States Postal Service located at GOLD, Mr. DEWINE, Mr. OBAMA, and WARNER, Mr. PRYOR, Mr. SMITH, Mr. 122 South Bill Street in Francesville, Indi- Mr. CRAPO): DEMINT, Mr. BENNETT, Mr. NELSON of ana, as the Malcolm Melville ‘‘Mac’’ Law- S. 2075. A bill to amend the Illegal Immi- Florida, Mr. KYL, Mr. ALLEN, Mr. rence Post Office; to the Committee on gration Reform and Immigrant Responsi- MARTINEZ, Mr. BUNNING, and Mr. Homeland Security and Governmental Af- bility Act of 1996 to permit States to deter- CHAMBLISS): fairs. mine State residency for higher education S. Res. 323. A resolution expressing the By Mr. ENZI (for himself, Mr. ISAKSON, purposes and to authorize the cancellation of sense of the Senate that the United Nations Mr. CRAIG, Mr. BURR, Mr. ROBERTS, removal and adjustment of status of certain and other international organizations should Mr. SESSIONS, Mr. WARNER, and Mr. alien students who are long-term United not be allowed to exercise control over the GREGG): States residents and who entered the United Internet; considered and agreed to.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13362 CONGRESSIONAL RECORD — SENATE November 18, 2005 By Mr. MCCAIN (for himself, Mr. (Mr. SESSIONS) was added as a cospon- fare Act to strengthen the ability of BIDEN, and Mr. LUGAR): sor of S. 333, a bill to hold the current the Secretary of Agriculture to regu- S. Res. 324. A resolution expressing support regime in Iran accountable for its late the pet industry. for the people of Sri Lanka in the wake of the tsunami and the assassination of the Sri threatening behavior and to support a S. 1151 Lankan Foreign Minister and urging support transition to democracy in Iran. At the request of Mr. MCCAIN, the and respect for free and fair elections in Sri S. 418 name of the Senator from Maine (Ms. Lanka; considered and agreed to. At the request of Mr. ENZI, the name SNOWE) was added as a cosponsor of S. By Mr. LOTT: of the Senator from Kentucky (Mr. 1151, a bill to provide for a program to S. Res. 325. A resolution to authorize the accelerate the reduction of greenhouse printing of a revised edition of the Senate BUNNING) was added as a cosponsor of Election Law Guidebook; considered and S. 418, a bill to protect members of the gas emissions in the United States by agreed to. Armed Forces from unscrupulous prac- establishing a market-driven system of By Mr. CHAMBLISS (for himself, Mr. tices regarding sales of insurance, fi- greenhouse gas tradeable allowances, ISAKSON, and Mrs. LINCOLN): nancial, and investment products. to limit greenhouse gas emissions in S. Res. 326. A resolution designating No- S. 453 the United States and reduce depend- vember 27, 2005, as ‘‘Drive Safer Sunday.’’; At the request of Mr. SMITH, the ence upon foreign oil, to support the considered and agreed to. deployment of new climate change-re- By Mr. FEINGOLD (for himself, Mr. name of the Senator from California lated technologies, and ensure benefits DODD, and Mr. LEAHY): (Mrs. BOXER) was added as a cosponsor S. Res. 327. A resolution remembering and of S. 453, a bill to amend section 402 of to consumers. commemorating the lives and work of the Personal Responsibility and Work S. 1264 Maryknoll Sisters Maura Clarke and Ita Opportunity Reconciliation Act of 1996 At the request of Mr. SPECTER, his Ford, Ursuline Sister Dorothy Kazel, and to provide for an extension of eligi- name was added as a cosponsor of S. Cleveland Lay Mission Team Member Jean bility for supplemental security in- 1264, a bill to provide for the provision Donovan, who were executed by members of by hospitals of emergency contracep- the Armed Forces of El Salvador on Decem- come through fiscal year 2008 for refu- ber 2, 1980; to the Committee on Foreign Re- gees, asylees, and certain other human- tives to women, and post-exposure pro- lations. itarian immigrants. phylaxis for sexually transmitted dis- By Mr. ENZI (for himself, Mr. KEN- S. 633 ease to individuals, who are survivors NEDY, Mr. ROBERTS, Mr. REED, Mr. of sexual assault. At the request of Mr. JOHNSON, the BURR, Mr. JEFFORDS, Mr. GREGG, Mrs. name of the Senator from South Caro- S. 1272 MURRAY, Mr. HATCH, Mrs. CLINTON, lina (Mr. GRAHAM) was added as a co- At the request of Mr. NELSON of Ne- Mr. DEWINE, Mr. BINGAMAN, Ms. MI- braska, the name of the Senator from KULSKI, Mr. HARKIN, and Mr. DODD): sponsor of S. 633, a bill to require the S. Res. 328. A resolution recognizing the Secretary of the Treasury to mint Washington (Ms. CANTWELL) was added 30th anniversary of the enactment of the coins in commemoration of veterans as a cosponsor of S. 1272, a bill to Education for All Handicapped Children Act who became disabled for life while amend title 46, United States Code, and of 1975 and reaffirming the commitment of serving in the Armed Forces of the title II of the Social Security Act to Congress to the Individuals with Disabilities United States. provide benefits to certain individuals Education Act so that all children with dis- who served in the United States mer- S. 877 abilities receive a free appropriate public chant marine (including the Army education in the least restrictive environ- At the request of Mr. DOMENICI, the Transport Service and the Naval ment; to the Committee on Health, Edu- name of the Senator from Georgia (Mr. Transport Service) during World War cation, Labor, and Pensions. CHAMBLISS) was added as a cosponsor of II. By Mr. ROBERTS (for himself and Mr. S. 877, a bill to provide for a biennial BROWNBACK): At the request of Mrs. CLINTON, her S. Res. 329. A resolution congratulating budget process and a biennial appro- name was added as a cosponsor of S. Coach Bill Snyder for his achievements dur- priations process and to enhance over- 1272, supra. ing 17 years as the head football coach of the sight and the performance of the Fed- S. 1504 Kansas State University Wildcats; to the eral Government. At the request of Mr. ENSIGN, the Committee on the Judiciary. S. 1016 By Mr. COLEMAN: name of the Senator from Georgia (Mr. S. Con. Res. 67. A concurrent resolution At the request of Mr. NELSON of Flor- ISAKSON) was added as a cosponsor of S. urging Japan to honor its commitments ida, his name was added as a cosponsor 1504, a bill to establish a market driven under the 1986 Market-Oriented Sector-Se- of S. 1016, a bill to direct the Secretary telecommunications marketplace, to lective (MOSS) Agreement on Medical Equip- of Energy to make incentive payments eliminate government managed com- ment and Pharmaceuticals, and for other to the owners or operators of qualified petition of existing communication purposes; to the Committee on Foreign Rela- desalination facilities to partially off- tions. service, and to provide parity between set the cost of electrical energy re- functionally equivalent services. f quired to operate the facilities, and for S. 1597 other purposes. ADDITIONAL COSPONSORS At the request of Mr. ENZI, the name S. 1023 S. 103 of the Senator from Georgia (Mr. ISAK- At the request of Mrs. FEINSTEIN, the At the request of Mr. DODD, the name SON) was added as a cosponsor of S. name of the Senator from Ohio (Mr. of the Senator from Massachusetts 1597, a bill to award posthumously a DEWINE) was added as a cosponsor of S. (Mr. KENNEDY) was added as a cospon- Congressional gold medal to 103, a bill to respond to the illegal pro- sor of S. 1023, a bill to provide for the Constantino Brumidi. duction, distribution, and use of meth- establishment of a Digital Opportunity S. 1719 amphetamine in the United States, and Investment Trust. At the request of Mr. INOUYE, the for other purposes. S. 1120 name of the Senator from Utah (Mr. S. 291 At the request of Mr. DURBIN, the HATCH) was added as a cosponsor of S. At the request of Mr. ENSIGN, the name of the Senator from Delaware 1719, a bill to provide for the preserva- name of the Senator from Louisiana (Mr. BIDEN) was added as a cosponsor of tion of the historic confinement sites (Mr. VITTER) was added as a cosponsor S. 1120, a bill to reduce hunger in the where Japanese Americans were de- of S. 291, a bill to require the with- United States by half by 2010, and for tained during World War II, and for holding of United States contributions other purposes. other purposes. to the United Nations until the Presi- S. 1139 S. 1779 dent certifies that the United Nations At the request of Mr. SANTORUM, the At the request of Mr. AKAKA, the is cooperating in the investigation of names of the Senator from Massachu- names of the Senator from Massachu- the United Nations Oil-for-Food Pro- setts (Mr. KERRY), the Senator from setts (Mr. KENNEDY) and the Senator gram. Connecticut (Mr. DODD) and the Sen- from New York (Mrs. CLINTON) were S. 333 ator from Massachusetts (Mr. KEN- added as cosponsors of S. 1779, a bill to At the request of Mr. SANTORUM, the NEDY) were added as cosponsors of S. amend the Humane Methods of Live- name of the Senator from Alabama 1139, a bill to amend the Animal Wel- stock Slaughter Act of 1958 to ensure

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13363 the humane slaughter of non- S. RES. 319 (5) Current Federal lead abatement pro- ambulatory livestock, and for other At the request of Ms. MIKULSKI, the grams, such as the Lead Hazard Control purposes. names of the Senator from Maryland Grant Program of the Department of Hous- ing and Urban Development, only have re- S. 1780 (Mr. SARBANES), the Senator from New sources sufficient to make approximately Mexico (Mr. BINGAMAN) and the Sen- At the request of Mr. SANTORUM, the 7,000 homes lead-safe each year. In many name of the Senator from Virginia (Mr. ator from New York (Mrs. CLINTON) cases, when State and local public health de- WARNER) was added as a cosponsor of S. were added as cosponsors of S. Res. 319, partments identify a lead-poisoned child, re- 1780, a bill to amend the Internal Rev- a resolution commending relief efforts sources are insufficient to reduce or elimi- enue Code of 1986 to provide incentives in response to the earthquake in South nate the hazards. for charitable contributions by individ- Asia and urging a commitment by the (6) Old windows typically pose significant uals and businesses, to improve the United States and the international risks because wood trim is more likely to be painted with lead-based paint, moisture public disclosure of activities of ex- community to help rebuild critical in- frastructure in the affected areas. causes paint to deteriorate, and friction gen- empt organizations, and to enhance the erates lead dust. The replacement of old win- AMENDMENT NO. 2365 ability of low-income Americans to dows that contain lead based paint signifi- gain financial security by building as- At the request of Mr. BINGAMAN, the cantly reduces lead poisoning hazards in ad- sets, and for other purposes. names of the Senator from Wisconsin dition to producing significant energy sav- (Mr. KOHL) and the Senator from S. 1841 ings. Vermont (Mr. JEFFORDS) were added as At the request of Mr. NELSON of Flor- (7) Childhood lead poisoning can be dra- cosponsors of amendment No. 2365 pro- ida, the names of the Senator from matically reduced by the abatement or com- posed to S. 1932, an original bill to pro- plete removal of all lead-based paint. Empir- South Dakota (Mr. JOHNSON), the Sen- vide for reconciliation pursuant to sec- ical studies also have shown substantial re- ator from New Mexico (Mr. BINGAMAN) tion 202(a) of the concurrent resolution ductions in lead poisoning when the affected and the Senator from Illinois (Mr. on the budget for fiscal year 2006 (H. properties have undergone so-called ‘‘interim OBAMA) were added as cosponsors of S. Con. Res. 95). control measures’’ that are far less costly 1841, a bill to amend title XVIII of the than abatement. AMENDMENT NO. 2601 Social Security Act to provide ex- (c) PURPOSE.—The purpose of this section At the request of Mr. NELSON of Flor- is to encourage the safe removal of lead haz- tended and additional protection to ida, the name of the Senator from Con- Medicare beneficiaries who enroll for ards from homes and thereby decrease the necticut (Mr. LIEBERMAN) was added as number of children who suffer reduced intel- the Medicare prescription drug benefit a cosponsor of amendment No. 2601 pro- ligence, learning difficulties, behavioral during 2006. posed to S. 2020, an original bill to pro- problems, and other health consequences due S. 1969 vide for reconciliation pursuant to sec- to lead-poisoning. At the request of Mr. BAUCUS, the tion 202(b) of the concurrent resolution SEC. 2. HOME LEAD HAZARD REDUCTION ACTIV- name of the Senator from Rhode Island on the budget for fiscal year 2006. ITY TAX CREDIT. (a) IN GENERAL.—Subpart B of part IV of (Mr. REED) was added as a cosponsor of f S. 1969, a bill to express the sense of subchapter A of chapter 1 of the Internal the Senate regarding Medicaid rec- STATEMENTS ON INTRODUCED Revenue Code of 1986 (relating to foreign tax BILLS AND JOINT RESOLUTIONS credit, etc.) is amended by adding at the end onciliation legislation to be reported the following new section: by a conference committee during the By Mrs. CLINTON (for herself, ‘‘SEC. 30D. HOME LEAD HAZARD REDUCTION AC- 109th Congress. Mr. DEWINE, Mr. OBAMA, and TIVITY. S. 2006 Mr. SMITH): ‘‘(a) ALLOWANCE OF CREDIT.—There shall be At the request of Mr. INHOFE, the S. 2053. A bill to amend to amend the allowed as a credit against the tax imposed name of the Senator from Louisiana Internal Revenue Code of 1986 to pro- by this chapter for the taxable year an (Mr. VITTER) was added as a cosponsor vide a tax credit for property owners amount equal to 50 percent of the lead haz- of S. 2006, a bill to provide for recovery who remove lead-based paint hazards; ard reduction activity cost paid or incurred to the Committee on Finance by the taxpayer during the taxable year for efforts relating to Hurricanes Katrina each eligible dwelling unit. and Rita for Corps of Engineers Mrs. CLINTON. Mr. President, I ask unanimous consent that the text of the ‘‘(b) LIMITATION.—The amount of the credit projects. allowed under subsection (a) for any eligible bill be printed in the RECORD. S. 2019 dwelling unit for any taxable year shall not There being no objection, the bill was At the request of Mr. SMITH, the exceed— ordered to be printed in the RECORD, as name of the Senator from Ohio (Mr. ‘‘(1) either— follows: ‘‘(A) $3,000 in the case of lead hazard reduc- DEWINE) was added as a cosponsor of S. S. 2053 tion activity cost including lead abatement 2019, a bill to provide for a research Be it enacted by the Senate and House of Rep- measures described in clauses (i), (ii), (iv) program for remediation of closed resentatives of the United States of America in and (v) of subsection (c)(1)(A), or methamphetamine production labora- Congress assembled, ‘‘(B) $1,000 in the case of lead hazard reduc- tories, and for other purposes. SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. tion activity cost including interim lead S. 2046 (a) SHORT TITLE.—This Act may be cited as control measures described in clauses (i), At the request of Mr. DEWINE, the the ‘‘Home Lead Safety Tax Credit Act of (iii), (iv), and (v) of subsection (c)(1)(A), re- name of the Senator from Vermont 2005’’. duced by (b) FINDINGS.—Congress finds that: ‘‘(2) the aggregate lead hazard reduction (Mr. LEAHY) was added as a cosponsor (1) Of the 98,000,000 housing units in the activity cost taken into account under sub- of S. 2046, a bill to establish a National United States, 38,000,000 have lead-based section (a) with respect to such unit for all Methamphetamine Information Clear- paint. preceding taxable years. inghouse to promote sharing informa- (2) Of the 38,000,000 housing units with lead- ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For tion regarding successful law enforce- based paint, 25,000,000 pose a hazard, as de- purposes of this section: ment, treatment, environmental, so- fined by Environmental Protection Agency ‘‘(1) LEAD HAZARD REDUCTION ACTIVITY cial services, and other programs re- and Department of Housing and Urban De- COST.— lated to the production, use, or effects velopment standards, due to conditions such ‘‘(A) IN GENERAL.—The term ‘lead hazard of methamphetamine and grants avail- as peeling paint and settled dust on floors reduction activity cost’ means, with respect and windowsills that contain lead at levels to any eligible dwelling unit— able for such programs, and for the above Federal safety standards. ‘‘(i) the cost for a certified risk assessor to other purposes. (3) Though the number of children in the conduct an assessment to determine the S. RES. 302 United States ages 1 through 5 with blood presence of a lead-based paint hazard, At the request of Mr. BINGAMAN, the levels higher than the Centers for Disease ‘‘(ii) the cost for performing lead abate- name of the Senator from Indiana (Mr. Control action level of 10 micrograms per ment measures by a certified lead abatement BAYH) was added as a cosponsor of S. deciliter has declined to 300,000, lead poi- supervisor, including the removal of paint Res. 302, a resolution to express the soning remains a serious, entirely prevent- and dust, the permanent enclosure or encap- able threat to a child’s intelligence, behav- sulation of lead-based paint, the replacement sense of the Senate regarding the im- ior, and learning. of painted surfaces, windows, or fixtures, or pact of medicaid reconciliation legisla- (4) The Secretary of Health and Human the removal or permanent covering of soil tion on the health and well-being of Services has established a national goal of when lead-based paint hazards are present in children. ending childhood lead poisoning by 2010. such paint, dust, or soil,

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‘‘(iii) the cost for performing interim lead ‘‘(8) DOCUMENTATION REQUIRED FOR CREDIT ‘‘Sec. 30D. Home lead hazard reduction ac- control measures to reduce exposure or like- ALLOWANCE.—No credit shall be allowed tivity.’’. ly exposure to lead-based paint hazards, in- under subsection (a) with respect to any eli- (c) EFFECTIVE DATE.—The amendments cluding specialized cleaning, repairs, mainte- gible dwelling unit for any taxable year un- made by this section shall apply to lead haz- nance, painting, temporary containment, on- less— ard reduction activity costs incurred after going monitoring of lead-based paint haz- ‘‘(A) after lead hazard reduction activity is December 31, 2005, in taxable years ending ards, and the establishment and operation of complete, a certified inspector or certified after that date. management and resident education pro- risk assessor provides written documenta- Mr. OBAMA. Mr. President, today I grams, but only if such measures are evalu- tion to the taxpayer that includes— rise in support of Senator CLINTON’s ated and completed by a certified lead abate- ‘‘(i) evidence that— bill which would provide tax credits of ‘‘(I) the eligible dwelling unit passes the ment supervisor using accepted methods, are $1,000 to $3,000 to property owners who conducted by a qualified contractor, and clearance examinations required by the De- have an expected useful life of more than 10 partment of Housing and Urban Development eliminate or contain lead-based paint years, under part 35 of title 40, Code of Federal Reg- hazards in homes where low-income ‘‘(iv) the cost for a certified lead abate- ulations, young children or women of child- ment supervisor, those working under the ‘‘(II) the eligible dwelling unit does not bearing age live. supervision of such supervisor, or a qualified contain lead dust hazards (as defined by sec- Children who eat lead paint chips in- contractor to perform all preparation, clean- tion 745.227(e)(8)(viii) of such title 40), or gest a highly toxic substance that can up, disposal, and clearance testing activities ‘‘(III) the eligible dwelling unit meets lead produce a range of health effects in- associated with the lead abatement measures hazard evaluation criteria established under cluding reduced IQ, reading and learn- or interim lead control measures, and an authorized State or local program, and ‘‘(ii) documentation showing that the lead ing disabilities, reduced attention ‘‘(v) costs incurred by or on behalf of any spans, kidney damage, and hyper- occupant of such dwelling unit for any relo- hazard reduction activity meets the require- cation which is necessary to achieve occu- ments of this section, and activity. The sad fact is that there are pant protection (as defined under section ‘‘(B) the taxpayer files with the appro- still over 400,000 children suffering 35.1345 of title 24, Code of Federal Regula- priate State agency and attaches to the tax from lead poisoning in this country, tions). return for the taxable year— many of them poor and many of them ‘‘(B) LIMITATION.—The term ‘lead hazard ‘‘(i) the documentation described in sub- minorities. My home State, Illinois, is reduction activity cost’ does not include any paragraph (A), the State with the highest number of ‘‘(ii) documentation of the lead hazard re- cost to the extent such cost is funded by any these children. grant, contract, or otherwise by another per- duction activity costs paid or incurred dur- ing the taxable year with respect to the eli- The loss of IQ and ability to learn af- son (or any governmental agency). fects these children and their families ‘‘(2) ELIGIBLE DWELLING UNIT.— gible dwelling unit, and ‘‘(A) IN GENERAL.—The term ‘eligible dwell- ‘‘(iii) a statement certifying that the for the rest of their lives and imposes ing unit’ means, with respect to any taxable dwelling unit qualifies as an eligible dwell- an economic burden on the rest of us year, any dwelling unit— ing unit for such taxable year. because of their reduced productivity. ‘‘(i) placed in service before 1960, ‘‘(9) BASIS REDUCTION.—The basis of any I urge my colleagues to join Senators ‘‘(ii) located in the United States, property for which a credit is allowable CLINTON, SMITH, DEWINE, and me in ‘‘(iii) in which resides, for a total period of under subsection (a) shall be reduced by the preventing future lead poisonings by not less than 50 percent of the taxable year, amount of such credit (determined without regard to subsection (d)). giving property owners a tax incentive at least 1 child who has not attained the age to eliminate this problem. of 6 years or 1 woman of child-bearing age, ‘‘(10) NO DOUBLE BENEFIT.—Any deduction and allowable for costs taken into account in computing the amount of the credit for lead- By Mr. KERRY: ‘‘(iv) each of the residents of which during S. 2055. A bill to amend titles 10 and such taxable year has an adjusted gross in- based paint abatement shall be reduced by come of less than 185 percent of the poverty the amount of such credit attributable to 14, United States Code, to provide for line (as determined for such taxable year in such costs. the use of gold in the metal content of accordance with criteria established by the ‘‘(d) LIMITATION BASED ON AMOUNT OF the Medal of Honor; to the Committee Director of the Office of Management and TAX.—The credit allowed under subsection on Banking, Housing, and Urban Af- Budget). (a) for the taxable year shall not exceed the fairs. ‘‘(B) DWELLING UNIT.—The term ‘dwelling excess of— Mr. KERRY. Mr. President, today I unit’ has the meaning given such term by ‘‘(1) the sum of the regular tax liability (as introduce a bill requiring that the Con- section 280A(f)(1). defined in section 26(b)) plus the tax imposed by section 55, over gressional Medal of Honor be made out ‘‘(3) LEAD-BASED PAINT HAZARD.—The term of 90 percent gold instead of gold-plat- ‘lead-based paint hazard’ has the meaning ‘‘(2) the sum of the credits allowable under given such term by section 745.61 of title 40, subpart A and sections 27, 29, 30, 30A, 30B, ed brass as is currently the case. Code of Federal Regulations. and 30C for the taxable year. The Congressional Medal of Honor is ‘‘(4) CERTIFIED LEAD ABATEMENT SUPER- ‘‘(e) CARRYFORWARD ALLOWED.— the highest award our country bestows VISOR.—The term ‘certified lead abatement ‘‘(1) IN GENERAL.—If the credit amount al- for valor in action against an enemy supervisor’ means an individual certified by lowable under subsection (a) for a taxable force. Its recipients are ordinary Amer- the Environmental Protection Agency pursu- year exceeds the amount of the limitation icans who perform extraordinary deeds ant to section 745.226 of title 40, Code of Fed- under subsection (d) for such taxable year in battle, often giving their lives. eral Regulations, or an appropriate State (referred to as the ‘unused credit year’ in This is the medal awarded post- this subsection), such excess shall be allowed agency pursuant to section 745.325 of title 40, humously to Sergeant First Class Paul Code of Federal Regulations. as a credit carryforward for each of the 20 ‘‘(5) CERTIFIED INSPECTOR.—The term ‘cer- taxable years following the unused credit R. Smith. Under attack at Baghdad tified inspector’ means an inspector certified year. International Airport, Sergeant Smith by the Environmental Protection Agency ‘‘(2) RULES.—Rules similar to the rules of quickly organized the defense of his po- pursuant to section 745.226 of title 40, Code of section 39 shall apply with respect to the sition, engaging a company-sized Federal Regulations, or an appropriate State credit carryforward under paragraph (1).’’. enemy force. He showed no concern for agency pursuant to section 745.325 of title 40, (b) CONFORMING AMENDMENTS.— his own personal safety when in the Code of Federal Regulations. (1) Section 1016(a) of the Internal Revenue face of hostile-fire he mounted an ar- ‘‘(6) CERTIFIED RISK ASSESSOR.—The term Code of 1986 is amended by striking ‘‘and’’ in mored personnel carrier and manned a ‘certified risk assessor’ means a risk assessor paragraph (36), by striking the period and in- certified by the Environmental Protection serting ‘‘, and’’ in paragraph (37), and by in- .50 caliber machine gun. As the cita- Agency pursuant to section 745.226 of title 40, serting at the end the following new para- tions accompanying his award put it, Code of Federal Regulations, or an appro- graph: ‘‘In total disregard for his own life, he priate State agency pursuant to section ‘‘(38) in the case of an eligible dwelling maintained his exposed position in 745.325 of title 40, Code of Federal Regula- unit with respect to which a credit for any order to engage the attacking enemy tions. lead hazard reduction activity cost was al- force. During this action, he was mor- ‘‘(7) QUALIFIED CONTRACTOR.—The term lowed under section 30D, to the extent pro- tally wounded. His courageous actions ‘qualified contractor’ means any contractor vided in section 30D(c)(9).’’. helped defeat the enemy attack, and who has successfully completed a training (2) The table of sections for subpart B of course on lead safe work practices which has part IV of subchapter A of chapter 1 of such resulted in as many as 50 enemy sol- been approved by the Department of Housing Code is amended by inserting after the item diers killed, while allowing the safe and Urban Development and the Environ- relating to section 30C the following new withdrawal of numerous wounded sol- mental Protection Agency. item: diers.’’

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13365 This is the medal won by Captain sional Medal of Honor, the president While this document has created a Humbert Roque Versace. During an in- enrolls the recipient in a sacred club of strong national government that is tense attack by the Viet Cong in the heroes. unrivaled in the world, it has also kept Xuyen Province, Captain Versace was The medal itself, however, while in- the power in the States to decide how wounded twice while engaging the valuable in significance and tribute, to govern themselves. As governor of enemy but continued to fight until ex- does not do enough to show our appre- the Commonwealth of Virginia and haustion and lack of ammunition led ciation. The medal is gold in color but now as United States Senator I have to his capture. The citation accom- is actually brass plated with gold and had the unique opportunity to experi- panying his award reads: ‘‘Taken pris- only costs approximately $30 to ence how this ingenious system of fed- oner by the Viet Cong, he exemplified produce. Other Congressional medals eralism plays out in every action we the tenets of the Code of Conduct from given to foreign dignitaries, famous en- take as leaders. the time he entered into Prisoner of tertainers, and other worthy citizens This legislation that I am intro- War status. Captain Versace assumed can cost $30,000 to produce. Now I will ducing today will serve to remind all command of his fellow American sol- be the first to tell you that I believe Americans of the freedoms embodied in diers, scorned the enemy’s exhaustive the value of this medal is found in the the Constitution. For many of us, it interrogation and indoctrination ef- deeds of every American who has has been a long time since we have had forts, and made three unsuccessful at- earned it. But also believe that we can the opportunity to sit down and actu- tempts to escape, despite his weakened do better. ally read this historic document. By condition which was brought about by Put simply, this legislation will forge placing the headings of the articles and his wounds and the extreme privation a medal more worthy of the esteem the amendments on the back of the and hardships he was forced to endure. with which the Nation holds those few dollar bill, all people will have the During his captivity, Captain Versace who have earned the Congressional chance to look at the provisions. I sin- was segregated in an isolated prisoner Medal of Honor through valor and her- cerely hope that when children take a of war cage, manacled in irons for pro- oism beyond compare. look at the reverse side of a dollar bill, longed periods of time, and placed on I ask unanimous consent that the they will take the time to ask their extremely reduced ration. The enemy text of the bill be printed in the parents about what they are reading so was unable to break his indomitable RECORD. they can gain a better understanding of will, his faith in God, and his trust in There being no objection, the bill was our great Nation and the principals our the United States of America. Captain ordered to be printed in the RECORD, as country was founded. Versace, an American fighting man follows: By looking at the order of the who epitomized the principles of his S. 2055 amendments to the constitution, stu- country and the Code of Conduct, was Be it enacted by the Senate and House of Rep- dents can also trace the history of our executed by the Viet Cong on 26 Sep- resentatives of the United States of America in country. The amendments to the con- tember 1965.’’ Congress assembled, stitution embody the four pillars of a This is the medal won by Marine SECTION 1. GOLD CONTENT FOR MEDAL OF free and just society. The first of these Corps Second Lieutenant Robert Dale HONOR. pillars is freedom of religion, this im- (a) REQUIREMENT FOR GOLD CONTENT.—Sec- Reem, who on the night of November 6, tions 3741, 6241, and 8741 of title 10, United portant freedom is protected by the 1950, after leading three separate as- States Code, and section 491 of title 14, First Amendment which allows all peo- saults on an enemy position in the vi- United States Code, are each amended by in- ple of all religions to freely practice cinity of Chinhung-ni, Korea, threw serting after ‘‘appropriate design,’’ the fol- their chosen religion without fear of himself on top of an enemy grenade lowing: ‘‘the metal content of which is 90 government interference. The second that landed amidst his men. percent gold and 10 percent alloy and’’. pillar is the freedom of expression, This is the medal won by Lieutenant, (b) EFFECTIVE DATE.—The amendments which again is protected in the First Junior Grade, Donald Gary, who, while made by subsection (a) shall apply with re- spect to any Medal of Honor awarded after Amendment. The third pillar is the pri- serving aboard the U.S.S. Franklin on the date of the enactment of this Act. vate ownership of property. This im- July 23, 1945, calmly led his crewmates portant freedom is protected by the to safety after their ship was attacked. By Mr. ALLEN (for himself and Fifth Amendment which limits the His citation reads: ‘‘Stationed on the Mr. WARNER): government’s power to take private third deck when the ship was rocked by S. 2056. A bill to require the Sec- property. This freedom is also pro- a series of violent explosions set off in retary of the Treasury to redesign $1 tected in the Third. The fourth Amend- her own ready bombs, rockets, and am- Federal reserve notes so as to incor- ment which protects citizens from munition by the hostile attack, Lt. porate the preamble of the Constitu- being forced to quarter solders in their (j.g.) Gary unhesitatingly risked his tion of the United States, a list de- homes and protects private property life to assist several hundred men scribing the Articles of the Constitu- from unreasonable searches and sei- trapped in a messing compartment tion, and a list describing the amend- zures respectively. The fourth pillar is filled with smoke, and with no appar- ments to the Constitution, on the re- the rule of law. Protection of the rule ent egress. As the imperiled men below verse side of such note; to the Com- of law runs throughout the Constitu- decks became increasingly panic mittee on Banking, Housing, and tion, most notably in the Sixth Amend- stricken under the raging fury of inces- Urban Affairs. ment which guarantees the right to a sant explosions, he confidently assured Mr. ALLEN. Mr. President, I rise speedy trial and the Fifth and Four- them he would find a means of effect- today to introduce a piece of legisla- teenth Amendments which require due ing their release and, groping through tion that is designed to honor the docu- process of law. the dark, debris-filled corridors, ulti- ment allows us to all be here today. Looking at the remaining amend- mately discovered an escapeway. The document I am referring to is the ments one can trace the evolution of Staunchly determined, he struggled Constitution of the United States of the Constitution and the United States back to the messing compartment America, the greatest and longest last- from the Thirteenth Amendment pro- three times despite menacing flames, ing political document in the history of hibiting slavery, to the Fifteenth flooding water, and the ominous threat the world. Drafted in part by the great Amendment providing for the right to of sudden additional explosions, on patriot Thomas Jefferson, this docu- vote regardless of race, the Nineteenth each occasion calmly leading his men ment sets forth both the structure of Amendment granting women the right through the blanketing pall of smoke our government and the fundamental to vote and the Twenty Fourth Amend- until the last one had been saved.’’ freedoms we enjoy every day. Ingenious ment prohibiting the poll tax. As I have said previously, those who by its simplicity, the Constitution is a Throughout our history, hundreds of earned these medals are the stuff of living breathing document that has al- thousands of brave men and women legend. But they are more than leg- lowed our country to evolve from 13 have laid down their lives protecting ends. They are actual people whose colonies who banded together to win the freedoms granted to us in the con- deeds inspire humility and gratitude in her independence from Great Britain to stitution. Having it been Veterans Day all of us. In bestowing the Congres- the most powerful Nation in the world. a few days ago, I feel it is high time

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13366 CONGRESSIONAL RECORD — SENATE November 18, 2005 that we do all we can to publicize what An article from 2004 in the Pough- school buildings hampers today’ s most these freedom are that we hold so dear- keepsie Journal described how, in Hyde promising and innovative efforts to ly. Park, New York along the Hudson boost student achievement. Before I yield the floor I would like River, ventilation problems at the 45- Charter schools hold the promise of to recognize the contributions of one of year-old Franklin D. Roosevelt High expanding the supply of high-quality my constituents, Mr. Randy Wright School sickened students and staff public schools, especially in disadvan- who teaches at Liberty Middle School causing watery eyes, headaches, nau- taged communities. But most charter in Hanover, VA. Mr. Wright brought sea, and dizziness. I would like to in- schools have limited credit histories this idea to my attention several years clude this article in the CONGRESSIONAL and lack access to public school facili- ago and he along with his students over RECORD. State Infrastructure Banks ties or traditional funding streams the years have been instrumental is would make funding available to ad- such as bonds. One in three charter providing support for this piece of leg- dress environmental hazards including school operators report that school islation. I therefore urge my colleagues poor ventilation and bad air quality. construction costs are a major obstacle to join me in support this legislation. They would help more schools become to their schools’ success. healthy and high-performing. The No Child Left Behind Act prom- By Mrs. CLINTON (for herself, An article in Newsday newspaper de- ised that children in underperforming Mr. HARKIN, Mr. DURBIN, Mr. scribed how, in Hempstead New York, schools would have the opportunity to KENNEDY, Mr. KERRY, Ms. LAN- on Long Island, Prospect Elementary, transfer to better public schools. But DRIEU, Mr. LAUTENBERG, and a 100-year-old school, was closed in the in many communities, more students Mr. INOUYE): fall of 2003 after administrators discov- seek transfers than are spaces avail- S. 2057. A bill to establish State in- ered a rodent problem, mold in the caf- able. In New York City last year, 33,000 frastructure banks for education, and eteria, and a crumbling chimney in a students applied to transfer out of for other purposes; to the Committee classroom. underperforming schools but only 7,000 on Health, Education, Labor, and Pen- The Marguerite Golden Rhodes Ele- could be accommodated. sions. mentary School was closed after state Charter school operators should have Mrs. CLINTON. Mr. President, I rise education officials found a gap between access to affordable financing for today to introduce legislation co-spon- where the paint on the walls ended and school construction. Schoolchildren sored with Senator HARKIN that would where the ceiling began—an indication promised public school choice should begin to rebuild America’s schools. If that either the wall or the ceiling was be able to exercise that right. Innova- approved, the Investing for Tomorrow’s moving. tive reforms should not be blocked by Schools Act would enable states to de- Hempstead High School was closed inadequate school buildings. velop State Infrastructure Banks—a for a week, after a blackboard fell off a In 2004, an editorialist for Newsday flexible and inexpensive way to finance wall exposing asbestos left over from a newspaper on Long Island wrote, school construction and renovation. botched cleanup in 1990. 1’d like to in- ‘‘School construction is one area where This approach offers an innovative so- clude this article in the CONGRESSIONAL the federal government could do more. lution to the urgent problem of fixing RECORD. Little . . . has been heard on the sub- deteriorating schools. Every dollar in- The school closures worsened over- ject since the late 90s—that’s a shame. vested to create State Infrastructure crowding, as parents Celia Ridely and . . . Money must be found to keep Banks would be reused to support Olive Warner pointed out to Newsday schools safe, functional, and welcoming project after project in the form of and the New York Times. With schools places.’’ loans and credit support. in such poor condition, is it surprising Senator HARKIN and I agree. That’s According to the National Center for that just 38 percent of students in why today we are introducing the In- Education Statistics, three in four Hempstead graduate from high school? vesting for Tomorrow’s Schools Act. At schools in America need assistance to In Washingtonville, 54 miles north of the heart of our proposal is the cre- come into ‘‘good overall condition.’’ New York City, the roof over a class- ation of State Infrastructure Banks, Repairs and modernizations will cost, room in 44–year-old Taft Elementary which would improve financing for according to the National Education collapsed. Fortunately the cata- school construction. This financing Association, $322 billion. New York strophic collapse occurred in August of mechanism has been used since the State has a greater need than any 2004, before the school year began, and Reagan Administration to help local other state—estimated at $51 billion. no one was injured. communities fund water treatment and Just in New York City, schools are es- Unfortunately, the U-shaped joist clean water facilities and transpor- timated to need $21 billion. The city’s which contributed to the collapse was tation projects. For example, my own schools are so old that they would popular in school construction across State of New York received $2.48 billion nearly qualify for social security, aver- New York and throughout America in Federal support for its Clean Water aging 61-years-old. from 1900 to the early 1970s. Many of State Revolving Fund between 1989 and Acute need for school repair and these schools are still in operation. 2004. It leveraged that money into more modernization exists nationwide. Need New York’s Department of Education than $10 billion of loans to local com- is estimated at $33 billion in California, took the precaution of advising school munities. $25 billion in Ohio, $22 billion in New districts to check similar joists to For example, State Infrastructure Jersey, $13 billion in Texas, and $10 bil- make sure they are in good condition. Banks would offer school districts a lion each in Illinois, Massachusetts, The lack of funding for school con- flexible menu of loan and credit en- Michigan, Pennsylvania, and Utah. Na- struction can lead school districts to hancement assistance, such as low in- tion-wide costs add up to $322 billion. put off maintenance. Paul Abramson, a terest loans, bond-financing security, In 2005, an estimated $19.6 billion was consultant based in Westchester Coun- loan guarantees, and credit support for spent nation-wide on school construc- ty, New York told a school construc- financing projects, which result in tion. At that rate, it will take more tion website, ‘‘What happens, unfortu- lower interest rates. than 16 years to modernize school nately, is [that] school districts cut State Infrastructure Banks would buildings. Last year in New York, $984 down on maintenance.’’ not strain Federal Treasury or the million was spent on school construc- Barbara Knisely-Michelman of the American taxpayer. After initial fund- tion. At that rate, it will take more American Association of School Ad- ing, they would require no ongoing fed- than 50 years to modernize New York’s ministrators said, ‘‘It comes down to eral appropriations. As each loan is re- schools—and that’s assuming that in the issue of resource. If school adminis- paid, the money can be offered as a new the meantime we don’t need to build trators had unlimited resources, [main- loan. more new schools and that no schools tenance] would be at the top of the Passage of this bill would lay the fall apart! agenda.’’ groundwork for a robust system of When students attend schools in dis- We can do better. Schoolchildren State Infrastructure Banks that pro- repair, the consequences are all too should not have to contend with fall- vide immediate aid to the neediest clear. ing-down schools. The lack of adequate schools and help local communities

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13367 fund affordable construction far into And there’s still more: the school district ownership consolidation and the anti- the future. is facing $100 million worth of lawsuits, in- competitive practices common in the This modest proposal is one piece of cluded in these are suits filed by school em- industry. These practices include tacit the school construction solution. I ask ployees making charges of sexual harass- or explicit pay-for-play, or ‘‘payola,’’ ment and discrimination. In addition, school payments, and corporate radio stations my Senate colleagues to join me today board member Thomas Parsley is suing col- to pass this legislation without delay. league Ralph Schneider over something per- putting untoward pressure on artists to Mr. President, I ask unanimous con- sonal. play at the same corporation’s venues sent that 2 articles be printed in the Parsley himself was charged in September use affiliated concert promoters. While RECORD. with stealing an ATM card from a principal, I continue to be concerned by consoli- There being no objection, the articles though he has said the charge was politically dation and believe this centralization were ordered to be printed in the motivated. exacerbates the potential for abuse, the Neither the district superintendent nor RECORD, as follows: bill I introduce today focuses instead any of the five board members returned re- [From Poughkeepsie Journal, Dec. 9, 2004.] on the anti-competitive practices, peated calls. whether they occur at a radio station VENTILATION BLAMED FOR FDR HIGH The 6,800-student district is struggling group of a handful of stations or one ILLNESSES with the problems that plague so many fi- that owns thousands of stations. (By John Davis) nancially-strapped communities. Almost three-quarters of the Hempstead district’s Some might question why we need Ventilation problems were the cause of a students qualify for free lunch. added scrutiny and accountability for rash of complaints about the air at Franklin Less than 40% of its high school students the radio and concert industries spe- D. Roosevelt High School in October and No- graduate, compared to wealthy next-door cifically. Besides the unique role radio vember, according to health officials. neighbor Garden City, where 99% graduate. After weeks of testing and monitoring con- plays for communication and enter- Reading and math scores continue to lag be- ditions at the Hyde Park high school, tainment in each American’s life, radio hind the county average. Dutchess County Health Commissioner Dr. also is, in a sense, a public-private And school buildings have not been prop- Michael Caldwell recently relayed his find- partnership. With radio’s use of the erly maintained. ings in a letter to Hyde Park schools Super- Prospect Elementary was closed last year public airwaves, it also has a responsi- intendent Carole Pickering. after mold was discovered in the cafeteria. bility to serve the public good. ‘‘The reported symptoms and effects Marguerite Golden Rhodes Elementary The abuses within the radio and con- among students and staff in the school are School also was closed after it appeared the cert industry are not entirely new. In consistent with those reported in a building building was shifting dangerously. Both fact, problems have occasionally with inadequate ventilation,’’ Caldwell schools’ students are attending classes held wrote. sprung up almost throughout the en- in trailers. In response to the complaints by students tire history of the medium. There al- Last year, a problem with the hot water and staff reporting headaches, dizziness and most seems to be a cyclical pattern as heater sickened staffers and students at watery eyes, the county health department the payola is rooted out and then sev- Alverta Bray Schultz Middle School, which considered a number of factors as being the eral years later is reincarnated in also was found to be serving spoiled food in source of the problem. its cafeteria. And Hempstead High was shut slightly different form to grow to be- The health department has ruled out mold, down for a week last year after a chalkboard come pervasive again. So while the toxic agents or germs as being the culprit. fell, exposing asbestos. original payola practices predated the ‘‘Recent modifications made to the Amid all these problems, the school board recent rapid consolidation in the indus- school’s ventilation system appear to have last month fired Superintendent Nathaniel had a beneficial effect upon the FDR high try, the concentration of power has Clay, replacing him with Susan Johnson. school community,’’ Caldwell noted in his made the problem more widespread and Johnson, who was fired as the district’s di- letter. its effects possibly more severe on rector of personnel just two months before Pickering expressed sympathy Wednesday local stations, promoters, artists and getting the top job, had launched her own for those who suffered during the period of consumers. lawsuit against the district, charging wrong- the air problem. While paying a radio station or radio ful termination. ‘‘I regret that even one single person was Parents are planning a Dec. 4 rally and station employee to play a certain song ill due to the air quality problems over the march—from Village Hall to school district without telling the audience has a long last seven weeks,’’ Pickering said in a pre- offices—in an attempt to get local school history in radio, this does not make pared statement Wednesday. ‘‘We will con- leaders to perform dutifully. the fraud and bribery any more accept- tinue to monitor FDR and to proactively as- ‘‘Taxpayers, parents and students are fum- sess heating and ventilation systems in all able. In the 1950s, the practice was rel- ing,’’ Mazile said. ‘‘We’re going to hold their our buildings.’’ atively simple. Artists, their labels or feet to fire.’’ managers would often directly bribe DJs to play their songs either in cash [From Daily News (New York), Nov. 21, 2004.] By Mr. FEINGOLD: IT’SAFOUL SCHOOL STEW—FIRINGS, PROBES or through other consideration. When S. 2058. A bill to promote trans- this practice became public, there were AND LAWSUITS IN HEMPSTEAD parency and reduce anti-competitive (By Laura Williams) investigations and Congress and the practices in the radio and concert in- Federal Communications Commission It already seemed more than the Hemp- dustries; to the Committee on Com- stead School District could bear. Asbestos (FCC) took actions to block this pay- merce, Science, and Transportation. ola. and mold forced school closings. The school Mr. FEINGOLD. Mr. President, I am board abruptly fired the superintendent. The most recent incarnation of pay- Board members were suing each other amid pleased to introduce legislation today ola takes a more complicated and so- accusations of corruption. that will promote openness and fair phisticated—corporate, if you will—ap- Then last week came word that the State competition in the radio and concert proach to skirt the current rules that Education Department is launching an inves- industries. prevent direct pay-for-play. Indirect tigation into financial hanky-panky by I have followed the changes in the payments through independent music school board members. That revelation, in radio and concert industries since the promoters have been an open secret, as fact, was welcome news to fed-up parents. 1996 Telecommunication Act with great have more direct payments, as the Board members ‘‘cannot get through a concern. For years, I have heard com- school board meeting without arguing about ground-breaking investigation of New which friend is going to benefit and how plaints from my constituents about the York Attorney General Eliot Spitzer they’re going to get money back from the increasing concentration of ownership demonstrates. While the Spitzer inves- district,’’ said Ron Mazile, co-chairman of in the radio and concert industries and, tigation is ongoing, he has already un- Hempstead Parents Community United. in turn, the increasingly uneven play- covered significant abuses and this The investigation will be conducted in ad- ing field for small radio stations and summer reached a $10 million settle- dition to an in-depth audit of the district’s independent concert promoters. For ment with a record label. books being done by State Controller Alan consumers this has meant less diver- While not traditionally considered Hevesi. sity, less local content and growing As if all that weren’t enough, a Hempstead payola, there are other abuses of power High student was stabbed to death near the dissatisfaction with the radio and con- over airplay decisions by radio stations school Tuesday. A former gang member was certs they are offered. and their corporate parents, especially arrested, and cops were seeking two more Most recently in the last Congress, I when the conglomerate also owns con- suspects last week. introduced broad legislation to address cert promoters and venues. This cross-

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13368 CONGRESSIONAL RECORD — SENATE November 18, 2005 ownership sets up a situation where other consideration travels, if it is for cording Arts and Sciences, Inc.; and the same corporation that is negoti- airplay and not disclosed, it is payola. the Recording Artists’ Coalition. I urge ating a contract for an artist to per- Cross-ownership of radio stations and my colleagues to join me and support form at its concert also controls the concert promoters or venues poses a se- this legislation to promote fair com- lifeblood of that artist’s success— rious problem for fair competition. petition in the radio and concert indus- airplay of his or her songs. The result Without controls, the relationship in- tries. I urge my colleagues to join me can be intense pressure on artists to jects the profitability of a concert and and support this legislation to promote play radio station-promoted shows and, not artistic merit into airplay deci- fair competition in the radio and con- often, to do so for less than the normal sions. The bill would either prohibit cert industries. rate. This practice hurts the artist, this, in the case of cross-ownership, or I ask unanimous consent that the hurts competing independent stations place controls to ensure fair competi- text of the bill be printed in the and promoters and, ultimately, hurts tion in the concert promotion industry. RECORD. the listening public, which ends up The final element of the bill—in- There being no objection, the bill was choosing from songs on the radio that creased transparency—hopefully will ordered to be printed in the RECORD, as have been selected based on where and have the biggest impact by deterring follows: for whom the artist is performing a payola in all its past, present and fu- S. 2058 concert, and for the songs’ artistic ture incarnations. The bill requires Be it enacted by the Senate and House of Rep- merit. Moreover, for any artist who radio stations to disclose all receipts of resentatives of the United States of America in deigns to refuse the direct or implied payments or consideration that could Congress assembled, extortion from the conglomerate, as be used as a front for payola along with SECTION 1. SHORT TITLE. Don Henley’s courageous testimony in a list of the songs played every month, This Act may be cited as the ‘‘Radio and a 2003 Commerce Committee hearing broken down by label and artist. While Concert Disclosure and Competition Act of clearly explained, there is the risk of corporations may not fear the current 2005’’. retaliation—either immediately or by hard-to-prove $10,000 fines, they do un- SEC. 2. DISCLOSURE REGULATIONS. (a) MODIFICATION OF REGULATIONS.— boycotting the next single or album derstand public relations. The poten- (1) IN GENERAL.—Not later than 1 year after the artist produces. And with the con- tial for consumers and the media to use the date of the enactment of this Act, the solidation in the industry, that boycott these records to connect the dots Federal Communications Commission shall might not just be in one station in one should have a chilling effect on the modify its regulations under sections 317 and market; it could be forty stations in practice and may mean that the FCC 507 of the Communications Act of 1934 (47 many markets. Facing this kind of po- Enforcement Bureau will rarely even U.S.C. 317 and 508), to prohibit the licensee tential threat, you can see why even need to be involved. But if problems or permittee of any radio station, including the most popular acts are afraid to persist, this bill will provide the Bu- any employee or affiliate of such licensee or permittee, from receiving money, services, speak publicly. reau with better powers and evidence or other valuable consideration, whether di- The bill I introduce today proposes a to combat payola in all its forms. rectly or indirectly, from a record company, multi-faceted approach to the various Finally let me put this in context recording artist, concert promoter, music entrenched forms of payola. The bill and remind my colleagues that radio promoter, or music publisher, or an agent or would simultaneously strengthen the stations use a public resource, the air- representative thereof, unless the licensee or FCC’s ability to prove and punish vio- waves, to reach their listeners. With permittee discloses at least monthly the re- lators, close the loophole allowing indi- this use comes a responsibility to the ceipt of such money, services, or other con- rect payola, prevent cross-ownership public and an understanding that they sideration to the Federal Communications Commission (in this Act referred to as the from hindering fair competition, and, accept a degree of increased scrutiny. ‘‘Commission’’) and the public in a manner perhaps most importantly, increase My legislation strives to ensure that that the Commission shall specify. transparency through disclosure of the the public knows when it hears a song (2) EXCEPTION.—The Commission in modi- payments to radio stations from art- on the radio that it is because the sta- fying its regulations as required under para- ists, labels, promoters and others who tion, the DJ, the public, or even a focus graph (1) may create an exception to the pro- may have an interest in improperly in- group, believes it has artistic merit hibition described under paragraph (1) for— fluencing airplay decisions. and that it is something the listeners (A) transactions provided at nominal cost; The bill improves the FCC’s ability will enjoy. Too often, today’s radio lis- or to enforce payola violations through (B) paid broadcasting disclosed under sec- teners are left to wonder whether a tion 317 of the Communications Act of 1934 several means. It requires radio sta- song was played because the station (47 U.S.C. 317), if the monthly disclosure de- tions to make transactions with enti- manager got a new laptop or because scribed in paragraph (1) includes the propor- ties like record labels that might have the station’s parent company is pro- tion of total airplay considered paid broad- an interest in influencing airplay on an ducing the artist’s upcoming concert. casting. ‘‘arm’s length basis.’’ Moreover the bill It boils down to choices. This bill will (b) PLAYLIST.—The monthly disclosure by requires record-keeping of such trans- reinstate choices, the fundamental a radio station licensee or permittee re- actions and makes the records avail- basis of competition; choice for the quired under subsection (a) shall include a able to the FCC in the event of an in- artists to pick which concerts to play list of songs and musical recordings aired during the disclosure period, indicating the vestigation. In addition, the bill sig- and who they want to promote their artist, record label, and number of times the nificantly increases penalties for pay- concerts; choices for the radio stations song was aired. ola violations and allows the FCC to to play songs based on merit, or at SEC. 3. ARM’S LENGTH TRANSACTIONS. consider revoking a station’s license. least not based on narrow financial in- (a) IN GENERAL.—Not later than 1 year As we have seen in the realm of inde- terests; and ultimately choices for con- after the date of the enactment of this Act, cency, multimillion dollar companies sumers as artistic merit instead of the the Federal Communications Commission do not blink at the current fines of ability to pay carefully disguised shall modify its regulations under sections $10,000 per violation, but the prospect bribes broadens the field of artists who 317 and 507 of the Communications Act of of putting a license in jeopardy will get can compete. 1934 (47 U.S.C. 317 and 508), to require that all transactions between a licensee or permittee their attention. I am pleased that my bill has been of any radio station, including any employee As I’ve already mentioned, the cur- endorsed by the following groups, and I or affiliate of such licensee or permittee, and rent payola rules were put in place for am grateful for the input they have a record company, recording artist, concert an earlier, simpler incarnation of the provided about problems in the radio promoter, music promoter, or music pub- practice—the direct bribing of DJs and and concert industries: the American lisher, or an agent or representative thereof, stations. Payola has changed, often Association of Independent Music/ shall be conducted at an arm’s length basis going through third parties such as A2IM; the American Federation of Tel- with any such transaction reduced to writing independent music promoters or under evision and Radio Artists; the Amer- and retained by the licensee or permittee for the period of the license term or 5 years, the guise of a legitimate transaction. ican Federation of Musicians of the whichever is greater. The bill broadens the current rules to United States and Canada; Consumers (b) RECORDS.—A record of each transaction include these indirect payments, so no Union; Free Press; the Future of Music described under subsection (a) shall be— matter what tortured path money or Coalition; the National Academy of Re- (1) made available upon request to—

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(A) the Commission; and (B) WAIVER.—The Commission may waive section 2, 3, 4, or 6 of the Radio and Concert (B) any State enforcement agency; and the prohibition required under subparagraph Disclosure and Competition Act of 2005.’’. (2) subject to a random audit by the Com- (A) if— SEC. 9. INCREASED MAXIMUM PENALTIES. mission to ensure compliance on a basis to (i) the Commission determines that be- (a) PENALTIES FOR DISCLOSURE OF PAY- be determined by the Commission. cause of the nature of the cross-ownership MENTS TO INDIVIDUALS CONNECTED WITH (c) EXEMPTION.—The Commission may cre- and market served— BROADCASTS.—Section 507(g)(1) of the Com- ate an exemption to the record keeping re- (I) the affected radio station, concert pro- munications Act of 1934 (47 U.S.C. 508(g)(1)) is quirement described in subsection (b)— moter, or venue would be subjected to undue amended by striking ‘‘$10,000’’ and inserting (1) for a transaction that is of a nominal economic distress or would not be economi- ‘‘$50,000’’. value; and cally viable if such provisions were enforced; (b) PENALTIES FOR PROHIBITED PRACTICES IN (2) for a radio station that is a small busi- and CONTESTS OF KNOWLEDGE, SKILL, OR ness, as recognized by the Commission and (II) the anti-competitive effects of the pro- CHANCE.—Section 508(c)(1) of the Commu- established by the Small Business Adminis- posed transaction are clearly outweighed in nications Act of 1934 (47 U.S.C. 509(c)(1)) is tration under section 121 of title 13, Code of the public interest by the probable effect of amended— Federal Regulations, if the Commission de- the transaction in meeting the needs of the (1) by striking ‘‘$10,000’’ and inserting termines that such record keeping poses an community to be served; and ‘‘$50,000’’; and undue burden to that small business. (ii) the affected radio station, concert pro- (2) by inserting ‘‘, for each violation’’ be- SEC. 4. COMPETITION REGULATIONS. moter, or venue demonstrates to the Com- fore the period. Not later than 1 year after the date of the mission that decisions regarding the broad- enactment of this Act, the Federal Commu- cast of matter, including any sound record- By Mr. VOINOVICH (for himself nications Commission shall modify its regu- ing, will be made at arm’s length and not and Mr. AKAKA): lations under sections 317 and 507 of the based, in whole or in part, upon whether or S. 2060. A bill to extend the District Communications Act of 1934 (47 U.S.C. 317 not the creator, producer, or promoter of and 508), to accomplish the following: of Columbia College Access Act of 1999 such matter engages the services of the li- and make certain improvements; to the (1) GENERAL PROHIBITION.—To prohibit the censee or permittee, or an affiliate thereof. licensee of any radio station, including any Committee on Homeland Security and SEC. 5. REVIEW OF TRANSACTIONS. parent, subsidiary, or affiliated entity of (a) IN GENERAL.—Upon petition by a musi- Governmental Affairs. such licensee, from using its control over cian, recording artist, or interested party, Mr. VOINOVICH. Mr. President, any non-advertising matter broadcast by the Commission shall review any transaction today I rise to introduce legislation to such licensee to extract or receive money or reauthorize the District of Columbia any other form of consideration, whether di- entered into under section 3 or section 4. (b) COPY OF PETITION.—A copy of any peti- rectly or indirectly, from a record company, Tuition Assistance Grant (D.C. TAG) tion submitted to Commission under sub- artist, concert promoter, or any agent or program for five additional years. This section (a) shall be provided by the person representative thereof. program has had a tremendously bene- filing such petition to the licensee or per- (2) RADIO STATION CONCERTS.— ficial impact on promoting higher edu- mittee, or musician or recording artist, as (A) IN GENERAL.—To prohibit a licensee or cation for high school graduates in our permittee of a commercial radio station, or applicable. (c) PUBLIC DISCLOSURE.—If the Commis- Nation’s capital. affiliate thereof, from— sion, after reviewing a petition submitted The aim of this program is to assist (i) engaging, receiving, making an offer under subsection (a) finds a transaction vio- for, or directly profiting from concert serv- District students, who do not have ac- lated any provision of this paragraph or sec- ices of any musician or recording artist un- cess to state-supported education sys- tion 3, the Commission shall publicly, after less the licensee or permittee does not dis- tems, in attending college. D.C. TAG criminate, in whole or in part, about the all parties have had a reasonable oppor- scholarships are used by District resi- broadcast of non-advertising matter, includ- tunity to comment, disclose its finding and dents to pay the difference between in- grant appropriate relief. ing any sound recording, by that particular State and out-of-State tuition at State SEC. 6. PENALTIES. artist upon whether or not that artist per- universities nationwide, up to $10,000 forms at the radio station affiliated concert; The regulations promulgated under sec- and tions 2, 3 and 4 shall set forth appropriate per student per school year, with a cu- (ii) engaging or receiving concert services penalties for violations including an imme- mulative cap of $50,000 per student. In of any musician or recording artist unless diate hearing before the Commission upon addition, since March 2002, District the licensee or permittee provides the musi- the issuance of a notice of apparent liability students attending private institutions cian or recording artist with compensation or violation, with possible penalties to in- in Maryland and Virginia, as well as for such services at the fair market value for clude license revocation. Historically Black Colleges and Uni- the performance. SEC. 7. REPORT. versities nationwide, started receiving Not later than 2 years after the date of en- (B) DEFINITION.—For purposes of subpara- tuition grants under the program of graph (A), the term ‘‘fair market value’’ actment of this Act, and every 2 years there- shall include such factors as— after, the Commission shall issue a report to $2,500 per student per school year, with (i) the rate typically charged by the musi- Congress and the public that— a cumulative cap of $12,500 per student. cian or recording artist for a concert of the (1) summarizes the disclosures made by li- Since the first grants were awarded size being put on for the station; censees and permittees as required under in 2000, the program has dispersed over (ii) the expenses of the musician or record- section 2; $98 million to 8,454 District students; ing artist to travel to, and perform at, the (2) summarizes the audits conducted by the many are the first in their family to concert location; and Commission as required under section 3(b)(2); attend college. Moreover, District high (iii) the length of the performance in rela- (3) summarizes the cross-ownership waiv- school graduating seniors have seen a tion to the standard duration for a concert ers, if any, awarded by the Commission by the musician or recording artist. under section 4(3)(B); 28 percent increase in college attend- (C) LIMITATIONS AND EXCLUSIONS.—The pro- (4) evaluates ownership concentration and ance. Seventy five percent of District visions of this paragraph shall not— market power in the radio industry in a students said that D.C. TAG made a (i) prohibit consideration for the concert manner similar to the most recent in the dis- difference in their decision to continue services being made in the form of pro- continued series of FCC reports, ‘‘Radio In- their education beyond high school. motional value, cash, or a combination of dustry Review 2002: Trends in Ownership, Sixty five percent of District students both; or Format, and Finance’’; and have indicated that D.C. TAG has en- (ii) apply to— (5) describes any violations of section 2, 3, abled them to choose a college that (I) a radio station that is a small business, or 4, and penalty proceedings under section as recognized by the Commission and estab- 6, and includes recommendations for any ad- best suits their educational needs. lished by the Small Business Administration ditional statutory authority the Commission Because of the great success and under section 121 of title 13, Code of Federal determines would improve compliance with positive impact of this program, I pro- Regulations; regulations issued under this Act. pose to expand the program to private (II) in-studio live interviews and perform- SEC. 8. LICENSE REVOCATION. schools nationwide, thereby creating ances; or Section 312(a) of the Communications Act greater equity between all private col- (III) concerts whose proceeds are intended of 1934 (47 U.S.C. 312) is amended— leges, while establishing a cap on pro- and provided for charitable purposes. (1) in paragraph (6), by striking ‘‘; or’’ and gram funding at the current appropria- (3) RADIO AND CONCERT CROSS-OWNERSHIP.— inserting a semicolon; tion of $33.2 million annually. In addi- (A) IN GENERAL.—To prohibit a licensee or (2) in paragraph (7), by striking the period permittee of a radio station, or affiliate at the end and inserting ‘‘; or’’; and tion, this legislation will require the thereof, from owning or controlling a con- (3) by adding at the end the following: Mayor of the District of Columbia to cert promoter or venue primarily used for ‘‘(8) for violation of or failure to follow any submit an annual report to Congress on live concert performances. regulation established in accordance with the program’s status.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13370 CONGRESSIONAL RECORD — SENATE November 18, 2005 As Chairman of the District of Co- By Mr. ENZI (for himself, Mr. myth. It is dangerous because it pro- lumbia authorizing subcommittee, lev- ISAKSON, Mr. CRAIG, Mr. BURR, motes and perpetuates an adversarial eling the playing field for high school Mr. ROBERTS, Mr. SESSIONS, Mr. relationship between employers and graduates in the District and enhanc- GREGG, Mr. WARNER, and Mr. government safety agencies at the very ing their educational opportunities DEMINT): time that we need precisely the oppo- continues to be a top priority. I urge S. 2066. A bill to amend the Occupa- site. Cooperation, not confrontation is all of my colleagues to support this tional Safety and Health Act of 1970 to essential in making our workplaces legislation. further improve the safety and health safer. I ask unanimous consent that the of working environments, and for other It is fortunate that most employers text of the bill be printed in the purposes; to the Committee on Health, want to do the right thing since with- RECORD. Education, Labor, and Pensions. out the cooperation of the employer There being no objection, the bill was community there is little realistic ordered to be printed in the RECORD, as By Mr. ENZI (for himself, Mrs. hope of continuing to improve work- follows: MURRAY, Mr. ISAKSON, Mr. place safety. That is the second funda- S. 2060 BURR, Mr. SESSIONS, and Mr. mental reality we must accept. Where Be it enacted by the Senate and House of Rep- GREGG): the vast majority of employers are resentatives of the United States of America in S. 2067. A bill to assist chemical man- committed to establishing and main- Congress assembled, ufacturers and importers in preparing taining a safe workplace, it makes lit- SECTION 1. 5-YEAR REAUTHORIZATION OF TUI- material safety data sheets pursuant to tle sense to perpetuate a system built TION ASSISTANCE PROGRAMS. the requirements of the Hazard Com- largely on a system of inspections and (a) PUBLIC SCHOOL PROGRAM.—Section 3(i) munication standard and to establish a sanctions. Any system aimed at fos- of the District of Columbia College Access Commission to study and make rec- tering workplace safety that relies Act of 1999 (sec. 38–2702(i), D.C. Official Code) ommendations regarding the imple- principally on such measures is not is amended by striking ‘‘each of the 7 suc- mentation of the Globally Harmonized only improperly focused; it cannot, as ceeding fiscal years’’ and inserting ‘‘each of a practical matter, even hope to the 11 succeeding fiscal years’’. System of Classification and Labeling (b) PRIVATE SCHOOL PROGRAM.—Section 5(f) of Chemicals; to the Committee on achieve its intended goal. of such Act (sec. 38–2704(f), D.C. Official Health, Education, Labor, and Pen- Simple mathematics makes it clear Code) is amended by striking ‘‘each of the 7 sions. that we cannot inspect or sanction our succeeding fiscal years’’ and inserting ‘‘each Mr. ENZI. Mr. President, I am way to greater job safety. Today, the of the 11 succeeding fiscal years’’. pleased today to announce the intro- total number of OSHA inspectors, in- cluding those employed by the states, SEC. 2. EXPANSION TO PRIVATE SCHOOLS NA- duction of legislation designed to im- TIONWIDE. as well as those employed by the Fed- prove our workplace health and safety. Section 5(c)(1)(A)(i) of the District of Co- eral Government, is less than 2,400. The Senate Committee on Health, Edu- lumbia College Access Act of 1999 (sec. 38– Each of these individuals conducts an cation, Labor and Pensions, that I 2704(c)(1)(A)(i); D.C. Official Code) is amend- average of about 40 inspections a year. ed by striking ‘‘the main campus’’ through Chair, has a broad range of responsibil- In other words, there will be less than the end and inserting ‘‘located in the United ities. None of them is more important States;’’. 100,000 work sites inspected by State than the oversight of our occupational and Federal OSHA combined in any SEC. 3. CAPPED FUNDING. safety and health laws. Section 7 of the District of Columbia Col- given year. At the present time, there In the past decade or so we have wit- are well over seven million worksites lege Access Act of 1999 (sec. 38–2706; D.C. Offi- nessed steady progress toward safer cial Code) is amended— in the United States. At current in- (1) in paragraph (2), by striking ‘‘or’’ after and healthier workplaces. For example, spection rates, we would need nearly the semicolon; in 1992, approximately 9 out of every 170,000 OSHA inspectors in order to in- (2) in paragraph (3), by striking the period 100 American workers suffered a work- spect all U.S. work sites just once a and inserting ‘‘; or’’; and place injury. By 2003, that injury rate year. In addition, since most industrial (3) by adding at the end the following: had been cut nearly in half. Over the accidents occur in a split second, and ‘‘(4) $33,200,000, in the case of the aggregate same period we have seen more than a since many are caused by unsafe acts amount for fiscal year 2006 and each suc- 20 percent decline in the annual rate of ceeding fiscal year.’’. rather than unsafe conditions, even an fatalities from workplace injuries. army of inspectors could not ade- SEC. 4. MAYOR’S REPORT. As encouraging as this progress is, Section 3(g) of the District of Columbia quately address the issue. College Access Act of 1999 (sec. 38–2703(g); however, it should not be cause for It is my view that any practical ap- D.C. Official Code) is amended to read as fol- anyone to become complacent. The proach to addressing the issue of work- lows: number of work-related deaths and in- place safety must recognize these reali- ‘‘(g) MAYOR’S REPORT.—Not later than Au- juries remains unacceptably high. For ties and be designed to encourage and gust 1, the Mayor shall report to Congress example, last year, despite the efforts assist employers in achieving this annually regarding: of all concerned, some 4.4 million end—not merely punish them for fail- ‘‘(1) The number of students applying for workers suffered work-related injuries, ing to do so. For these reasons, the leg- the program and the number of students with 1.3 million of those injuries in- graduating from the program. islation that I have introduced today ‘‘(2) The number of eligible students at- volving lost work days. Such work- contains a number of provisions de- tending each eligible institution and the place injuries continue to bring hard- signed to enhance voluntary compli- amount of the grant awards paid to those in- ship to employees and their families ance, and to provide technical assist- stitutions on behalf of the eligible students. and to impose significant burdens on ance to the vast majority of employers ‘‘(3) The extent, if any, to which a ratable our economy. We need to continue our that strive every day to ensure the reduction was made in the amount of tuition efforts to improve workplace safety. health and safety of their employees. and fee payments made on behalf of eligible If we are to be successful in our ef- Thus, these bills contain provisions students. forts we must be prepared to cast aside ‘‘(4) The progress in obtaining recognized that encourage employers to engage academic credentials of the cohort of eligible old assumptions, be willing to embrace the services of highly qualified third- students for each year.’’. new ideas, and be candid enough to party safety consultants to assist them agree on some fundamental realities. in creating safer workplaces. The legis- By Mr. ENZI (for himself, Mr. First among these realities is that the lation also seeks to extend the benefits ISAKSON, Mr. CRAIG, Mr. BURR, overwhelming number of employers are of such worthwhile initiatives as the Mr. ROBERTS, Mr. SESSIONS, Mr. concerned about the welfare of their current Voluntary Protection Plan to WARNER, and Mr. GREGG): employees and are fully prepared to smaller employers; and it increases the S. 2065. A bill to amend the Occupa- comply with laws aimed at enhancing level of government outreach and tech- tional Safety and Health Act of 1970 to their safety on the job. The notion that nical help to employers seeking assist- further improve the safety and health employers care little about worker ance in making their workplaces safer. of working environments, and for other safety, or are prepared to sacrifice It also provides for increased training purposes; to the Committee on Health, worker health in the pursuit of higher of OSHA personnel and fosters a great- Education, Labor, and Pensions. profits is a dangerously inaccurate er understanding of specific workplace

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The safest ates a commission designed to review the more likely it is that we will conceivable conditions and systems and make recommendations regarding achieve the desired result. can be rendered useless in that instant the implementation of the global har- While I believe that the interests of by an employee whose judgment or re- monization of chemical labeling, haz- workplace safety compel us to dra- actions are impaired. ard communication and a variety of re- matically increase our efforts at en- Apart from substance abuse, we also lated issues. I am particularly proud of couraging voluntary compliance, we cannot ignore the fact that any em- the fact that this bill is the product of cannot be unmindful that the Occupa- ployer’s safety policies and procedures considerable bi-partisan effort, and I tional Safety and Health Act is a regu- can be rendered useless whenever some- am particularly pleased to have Sen- latory statute; and that, like all regu- one breaks the rules. ator MURRAY as its cosponsor. I am lation, there are points at which the If we are serious about workplace deeply grateful for all her efforts in process becomes adversarial. I cer- safety we have to understand that the bringing this legislation to this point. tainly believe there should be a less ad- employer is not the only factor in the It is my belief that the three bills in- versarial process, however, when it equation. And, if we propose to achieve troduced today reflect the correct and does occur I believe it needs to be fair workplace safety solely by regulating balanced approach to the goal of in- and regular. In the regulatory context, employer conduct, then we fail to ade- creased work place safety that all of us the power and resources of the Federal quately address the entire issue. At a want to achieve. Government can be overwhelming, par- minimum, we need to provide employ- I ask unanimous consent that the ticularly to small businesses. We need ers some tools and encouragement to text of the bills be printed in the to make sure that the adversarial play- control the safety-related behavior of RECORD. ing field is a level one, and that the le- others. We cannot mandate that em- There being no objection, the bills gitimate expectations of fairness and ployers take disciplinary action were ordered to be printed in the regularity of process are adequately against their employees who violate RECORD, as follows: met. For this reason, the bills which I safety rules, but we can encourage S. 2065 have introduced today contain a num- them to enforce such rules appro- Be it enacted by the Senate and House of Rep- ber of provisions aimed at ensuring priately and consistently. We likewise resentatives of the United States of America in this result. Thus, the bill provides for cannot compel employers to institute Congress assembled, the recovery of attorney’s fees by small drug and alcohol testing programs, but SECTION 1. SHORT TITLE; REFERENCES. businesses that prevail in litigation we can remove the legal barriers to (a) SHORT TITLE.—This Act may be cited as the ‘‘Occupational Safety Partnership Act’’. against the government in an OSHA their doing so. Today’s legislation, by (b) REFERENCE.—Whenever in this Act an claim, and codifies procedural flexi- codifying the third party misconduct amendment or repeal is expressed in terms of bility and fairness in the issuance and defense, and authorizing the establish- an amendment to, or repeal of, a section or processing of disputed claims. The leg- ment of substance testing, provides ex- other provision, the reference shall be con- islation also recognizes that no one, actly the type of tools and encourage- sidered to be made to a section or other pro- least of all employees, are well served ment that are necessary. vision of the Occupational Safety and Health by lengthy delays in the resolution of It may be the employer’s workplace, Act of 1970 (29 U.S.C. 651 et seq.). but workplace safety is everybody’s SEC. 2. PURPOSE. contested claims by increasing the size Section 2(b) of the Act (29 U.S.C. 651(b)) is of the Review Commission and making job. We need laws that reflect the fact amended— additional changes designed to insure that a safer workplace is everybody’s (1) in paragraph (13), by striking the period the issuance of more timely decisions. responsibility. For this reason today’s and inserting ‘‘; and’’; and The legislation also returns the Review legislation also contains a provision (2) by adding at the end the following: Commission to the status of a fully that allows OSHA to issue citations ‘‘(14) by increasing the joint cooperation of independent adjudicatory body as envi- and impose limited fines on employees employers, employees, and the Secretary of sioned in the original OSHA legislation that violate rules and procedures re- Labor in the effort to ensure safe and health- ful working conditions for employees.’’. by insuring that its decisions are ac- garding the use of company-supplied SEC. 3. THIRD PARTY CONSULTATION SERVICES corded appropriate legal deference. The personal protective equipment. As PROGRAM. legislation also injects some much noted, the authority here, although (a) PROGRAM.—The Act (29 U.S.C. 651 et needed flexibility into the administra- limited, is nonetheless intended to seq.) is amended by inserting after section 8 tion and enforcement of the statute by make clear the notion that safety is the following: permitting the use of alternative, site- everybody’s responsibility. ‘‘SEC. 8A. THIRD PARTY CONSULTATION SERV- specific compliance methods, giving in- Lastly, our current law provides that ICES PROGRAM. ‘‘(a) PURPOSE.—It is the purpose of this spectors a degree of compliance discre- employers must communicate work- place hazards to their employees. This section to encourage employers to conduct tion, and encouraging the prompt cor- voluntary safety and health audits using the rection of certain non-serious viola- is an important, and appropriate goal. expertise of qualified safety and health con- tions. ‘‘Communication,’’ however, requires sultants and to proactively seek individual- In addition to these changes that are the delivery of clear, and meaningful ized solutions to workplace safety and health based upon procedural and regulatory information to the recipient. Unfortu- concerns. fairness, the legislation also contains nately, in many respects our hazard ‘‘(b) ESTABLISHMENT OF PROGRAM.— provisions designed to address the root communication efforts have become so ‘‘(1) IN GENERAL.—Not later than 18 months complicated that the complexity after the date of enactment of this section, cause of many industrial injuries, and the Secretary shall establish and implement, others aimed at bringing a much-need- stands in the way of the original no- by regulation, a program that qualifies indi- ed measure of simplicity and uni- tion that employees need plain infor- viduals to provide consultation services to formity to our workplace safety laws. mation about workplace hazards so employers to assist employers in the identi- In the first instance, for too long we that they can take adequate pre- fication and correction of safety and health have held the one-dimensional view cautions to protect themselves. This hazards in the workplaces of employers. that work conditions and employer process has become even more com- ‘‘(2) ELIGIBILITY.—The following individ- practices are the principal, if not ex- plicated by the globalization of our uals shall be eligible to be qualified under clusive, factors in workplace safety. economy, and the fact that many haz- this program as certified safety and health consultants: The reality is that unsafe individual ardous substances routinely in use in ‘‘(A) An individual who is licensed by a behavior also has an extraordinary im- our workplaces originate outside our State authority as a physician, industrial pact. For example, it is estimated that borders. These are likewise realities hygienist, professional engineer, safety engi- 47 percent of all serious workplace ac- that we must address, and that the leg- neer, safety professional, or registered nurse.

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‘‘(B) An individual who has been employed ‘‘(C) SAFETY AND HEALTH PROGRAM.—The are under control, and elements of the safety as an inspector for a State plan State or as consultation report shall contain a rec- and health program are operating effec- a Federal occupational safety and health in- ommended safety and health plan designed tively. spector for not less than a 5-year period. to reduce injuries, illness, and fatalities and ‘‘(i) NON-FIXED WORKSITES.—With respect ‘‘(C) An individual who is qualified in an to otherwise manage workplace health and to employer worksites that do not have a occupational health or safety field by an or- safety. Such safety and health program fixed location, a certificate of compliance ganization whose program has been accred- shall— shall only apply to that worksite which sat- ited by a nationally recognized private ac- ‘‘(i) be appropriate to the conditions of the isfies the criteria under this section and such creditation organization or by the Secretary. workplace involved; certificate shall not be portable to any other ‘‘(D) An individual who has not less than 10 ‘‘(ii) be in writing, and contain policies, worksite. This section shall not apply to em- years experience in workplace safety and procedures, and practices designed to recog- ployers that perform essentially the same health. nize and protect employees from occupa- work, utilizing the same equipment, at each ‘‘(E) Other individuals determined to be tional safety and health hazards, such proce- non-fixed worksite. qualified by the Secretary. dures to include provisions for the identifica- ‘‘(j) ACCESS TO RECORDS.—Any records re- ‘‘(3) GEOGRAPHICAL SCOPE OF CONSULTATION tion, evaluation, and prevention or control lating to consultation services provided by SERVICES.—A consultant qualified under this of workplace hazards; an individual qualified under this program, program may provide consultation services ‘‘(iii) be based upon the professional judg- or records, reports, or other information pre- in any State. ment of the consultant and include such ele- pared in connection with safety and health ‘‘(4) LIMITATION BASED ON EXPERTISE.—A ments as are necessary to the specific work- inspections, audits, or reviews conducted by consultant qualified under this program may site involved as determined by the consult- or for an employer and not required under only provide consultation services to an em- ant and employer; this Act, shall not be admissible in a court of ployer with respect to a worksite if the work ‘‘(iv) contain provisions for the periodic re- law or administrative proceeding or enforce- performed at that worksite coincides with view and modification of the program as cir- ment proceeding against the employer ex- the particular expertise of the individual. cumstances warrant; cept that such records may be used as evi- ‘‘(c) SAFETY AND HEALTH REGISTRY.—The ‘‘(v) be developed and implemented with dence for purposes of a disciplinary action Secretary shall develop and maintain a reg- the participation of affected employees; under subsection (d).’’. istry that includes all consultants that are ‘‘(vi) make provision for the effective safe- SEC. 4. PREVENTION OF ALCOHOL AND SUB- qualified under the program under sub- STANCE ABUSE. ty and health training of all personnel, and section (b)(1) to provide the consultation The Act (29 U.S.C. 651 et seq.) is amended the dissemination of appropriate health and services described in subsection (b) and shall by adding at the end the following: safety information to all personnel; and publish and make such registry readily ‘‘(vii) contain appropriate procedures for ‘‘SEC. 34. ALCOHOL AND SUBSTANCE ABUSE available to the general public. TESTING. the reporting of potential hazards, accidents ‘‘(d) DISCIPLINARY ACTIONS.—The Secretary ‘‘(a) PROGRAM PURPOSE.—In order to secure and near accidents may revoke the status of a consultant, or the a safe workplace, employers may establish participation of an employer in the third The Secretary may, by regulation, prescribe and carry out an alcohol and substance party consultation program, if the Secretary additional specific elements that may be re- abuse testing program in accordance with determines that the consultant or em- quired for any qualifying program. subsection (b). ployer— ‘‘(D) ACTION PLAN.—The consultation re- ‘‘(b) FEDERAL GUIDELINES.— ‘‘(1) has failed to meet the requirements of port shall also contain a written action plan ‘‘(1) REQUIREMENTS.—An alcohol and sub- the program; or that shall— stance abuse testing program described in ‘‘(2) has committed malfeasance, gross neg- ‘‘(i) outline the specific steps that must be subsection (a) shall meet the following re- ligence, collusion or fraud in connection accomplished by the employer prior to re- quirements: with any consultation services provided by ceiving a certificate of compliance; ‘‘(A) SUBSTANCE ABUSE.—A substance abuse the qualified consultant. ‘‘(ii) be established in consultation with testing program shall permit the use of on- ‘‘(e) PROGRAM REQUIREMENTS.— the employer; and site or offsite testing. ‘‘(1) GENERAL REQUIREMENTS.—The con- ‘‘(iii) address in detail— ‘‘(B) ALCOHOL.—The alcohol testing compo- sultation services described in subsection ‘‘(I) the employer’s correction of all identi- nent of the program shall take the form of (b), and provided by a consultant qualified fied safety and health conditions or practices alcohol breath analysis and shall conform to under this program shall, at a minimum, that are in violation of this Act, with appli- any guidelines developed by the Secretary of consist of the following elements: cable timeframes; and Transportation for alcohol testing of mass ‘‘(A) A comprehensive, on-site, survey and ‘‘(II) the steps necessary for the employer transit employees under the Department of audit of the participating employer’s work- to implement an effective safety and health Transportation and Related Agencies Appro- place and operations by the consultant. program, with applicable timeframes. priations Act, 1992. ‘‘(B) The preparation of a consultation re- ‘‘(3) CERTIFICATE OF COMPLIANCE.—Upon ‘‘(2) DEFINITION.—For purposes of this sec- port by the consultant. completion of the steps described in the Ac- tion the term ‘alcohol and substance abuse The Secretary may, by regulation, prescribe tion Plan the qualified consultant shall issue testing program’ means any program under additional requirements for qualifying serv- to the employer a Certificate of Compliance which test procedures are used to take and ices. in a form prescribed by the Secretary. analyze blood, breath, hair, urine, saliva, or ‘‘(2) CONSULTATION REPORT.— ‘‘(f) EXEMPTION FROM CIVIL PENALTIES FOR other body fluids or materials for the pur- ‘‘(A) IN GENERAL.—Following the consult- COMPLIANCE.— pose of detecting the presence or absence of ant’s physical survey of the employer’s ‘‘(1) IN GENERAL.—If an employer receives a alcohol or a drug or its metabolites. In the workplace and operations, the consultant certificate of compliance, the employer shall case of urine testing, the confirmation tests shall prepare and deliver to the employer a be exempt from the assessment of any civil must be performed in accordance with the written report summarizing the consultant’s penalty under section 17 for a period of 2 mandatory guidelines for Federal workplace health and safety findings and recommenda- years after the date on which the employer testing programs published by the Secretary tions. Such consultation report shall, at a receives such certificate. of Health and Human Services on April 11, minimum, contain the following elements: ‘‘(2) EXCEPTIONS.—An employer shall not 1988, at section 11979 of title 53, Code of Fed- ‘‘(i) The findings of the consultant’s health be exempt under paragraph (1)— eral Regulations (including any amendments and safety audit, and, where applicable, ap- ‘‘(A) if the employer has not made a good to such guidelines). Proper laboratory proto- propriate remedial recommendations. faith effort to remain in compliance as re- cols and procedures shall be used to assure ‘‘(ii) A recommended health and safety pro- quired under the certificate of compliance; accuracy and fairness, and, laboratories gram and an action plan as described in this or must be subject to the requirements of sub- paragraph. ‘‘(B) if there has been a fundamental part B of the mandatory guidelines, State The Secretary may, by regulation, prescribe change in the hazards of the workplace after certification, the Clinical Laboratory Im- additional required elements for qualifying the issuance of the certificate. provements Act of the College of American reports. ‘‘(g) RIGHT TO INSPECT.—Nothing in this Pathologists. ‘‘(B) AUDIT AND RECOMMENDATIONS.—The section shall be construed to affect the ‘‘(c) TEST REQUIREMENTS.—This section consultation report shall include an evalua- rights of the Secretary to inspect and inves- shall not be construed to prohibit an em- tion of the workplace of the participating tigate worksites covered by a certificate of ployer from requiring— employer to determine if the employer is in compliance. ‘‘(1) an applicant for employment to sub- compliance with the requirements of this ‘‘(h) RENEWAL REQUIREMENTS.—An em- mit to and pass an alcohol or substance Act, including any regulations promulgated ployer that is granted a certificate of com- abuse test before employment by the em- pursuant to this Act. The report shall iden- pliance under this section may receive a 2 ployer; or tify any practice or condition the consultant year renewal of the certificate if a qualified ‘‘(2) an employee, including managerial believes to be a violation of this Act, and consultant conducts a complete onsite safety personnel, to submit to and pass an alcohol will set out any appropriate corrective meas- and health survey to ensure that the safety or substance abuse test— ures to address such identified practice or and health program has been effectively ‘‘(A) on a for-cause basis or where the em- condition. maintained or improved, workplace hazards ployer has reasonable suspicion to believe

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The Sec- part of a scheduled medical examination; this paragraph shall not apply to inspections retary shall issue a citation as prescribed ‘‘(C) in the case of an accident or incident, or investigations arising from employee under section 5 if, after such visits, the em- involving the actual or potential loss of complaints, fatalities, catastrophes, or sig- ployer has failed to carry out the corrective human life, bodily injury, or property dam- nificant toxic releases. measures. age; SEC. 6. EXPANDED ACCESS TO VVP FOR SMALL ‘‘(5) Not later than 90 days after the termi- ‘‘(D) during the participation of an em- BUSINESSES. nation of the program under paragraph (1), ployee in an alcohol or substance abuse The Secretary of Labor shall establish and the Secretary shall prepare and submit a re- treatment program, and for a reasonable pe- implement, by regulation, a program to in- port to the appropriate committees of Con- riod of time (not to exceed 5 years) after the crease participation by small businesses (as gress that contains an evaluation of the im- conclusion of such program; or the term is defined by the Administrator of plementation of the pilot program.’’. ‘‘(E) on a random selection basis in work the Small Business Administration) in the SEC. 8. CONTINUING EDUCATION AND PROFES- units, locations, or facilities. voluntary protection program through out- SIONAL CERTIFICATION FOR CER- ‘‘(d) CONSTRUCTION.—Nothing in this sec- reach and assistance initiatives and the de- TAIN OCCUPATIONAL SAFETY AND tion shall be construed to require an em- velopment of program requirements that ad- HEALTH ADMINISTRATION PER- ployer to establish an alcohol and substance dress the needs of small businesses. SONNEL. abuse testing program for applicants or em- SEC. 7. TECHNICAL ASSISTANCE PROGRAM. Section 8 of the Act (29 U.S.C. 657) is ployees or make employment decisions based amended by adding at the end the following: (a) IN GENERAL.—Section 21(c) of the Act on such test results. ‘‘(i) Any Federal employee responsible for ‘‘(e) PREEMPTION.—The provisions of this (29 U.S.C. 670(c)) is amended— (1) by striking ‘‘(c) The’’ and inserting enforcing this Act shall, not later than 2 section shall preempt any provision of State years after the date of enactment of this sub- law to the extent that such State law is in- ‘‘(c)(1) The’’; (2) by striking ‘‘(1) provide’’ and inserting section or 2 years after the initial employ- consistent with this section. ment of the employee involved, meet the eli- ‘‘(f) INVESTIGATIONS.—The Secretary is au- ‘‘(A) provide’’; gibility requirements prescribed under sub- thorized to conduct testing of employees (in- (3) by striking ‘‘(2) consult’’ and inserting section (b)(2) of section 8A. cluding managerial personnel) of an em- ‘‘(B) consult’’; and ployer for use of alcohol or controlled sub- (4) by adding at the end the following: ‘‘(j) The Secretary shall ensure that any stances during any investigations of a work- ‘‘(2)(A) The Secretary shall, through the Federal employee responsible for enforcing related fatality or serious injury. Such test- authority granted under section 7(c) and this Act who carries out inspections or in- ing shall be done as soon as practicable after paragraph (1), enter into cooperative agree- vestigations under this section, receive pro- the incident giving rise to such work-related ments with States for the provision of con- fessional education and training at least fatality or serious injury.’’. sultation services by such States to employ- every 5 years as prescribed by the Sec- SEC. 5. VOLUNTARY PROTECTION PROGRAMS. ers concerning the provision of safe and retary.’’. (a) COOPERATIVE AGREEMENTS.—The Sec- healthful working conditions. SEC. 9. OSHA AND INDUSTRY TRAINING EX- retary of Labor shall establish cooperative ‘‘(B)(i) As provided in clause (ii), the Sec- CHANGE DEMONSTRATION PRO- agreements with employers to encourage the retary shall reimburse a State that enters GRAM. establishment of comprehensive safety and into a cooperative agreement under subpara- (a) IN GENERAL.—The Secretary of Labor, health management systems that include— graph (A) in an amount that equals 90 per- acting through the Occupational Safety and (1) requirements for systematic assessment cent of the costs incurred by the State for Health Administration, is authorized to de- of hazards; the provision of consultation services under velop and implement at least one training (2) comprehensive hazard prevention, miti- such agreement. and educational exchange program with a gation, and control programs; ‘‘(ii) A State shall be reimbursed by the specialty trade in the construction industry (3) active and meaningful management and Secretary for 90 percent of the costs incurred for the purpose of— employee participation in the voluntary pro- by the State for the provision of— (1) facilitating the exchange of expertise gram described in subsection (b); and ‘‘(I) training approved by the Secretary for and ideas related to the interpretation, ap- (4) employee safety and health training. State personnel operating under a coopera- plication, and implementation of Federal oc- (b) VOLUNTARY PROTECTION PROGRAM.— tive agreement; and cupational safety and health standards and (1) IN GENERAL.—The Secretary of Labor ‘‘(II) specified out-of-State travel expenses regulations applicable to the specialty trade shall establish and carry out a voluntary incurred by such personnel. involved (referred to in this section as protection program (consistent with sub- ‘‘(iii) A reimbursement paid to a State ‘‘OSHA Rules’’); section (a)) to encourage excellence and rec- under this subparagraph shall be limited to (2) improving collaboration and coordina- ognize the achievement of excellence in both costs incurred by such State for the provi- tion between the Occupational Safety and the technical and managerial protection of sion of consultation services under this para- Health Administration and such specialty employees from occupational hazards. graph and the costs described in clause (ii).’’. trade regarding OSHA Rules; (2) PROGRAM REQUIREMENT.—The voluntary (b) PILOT PROGRAM.—Section 21 of the Act (3) identifying OSHA Rules which the spe- protection program shall include the fol- (29 U.S.C. 670) is amended by adding at the cialty trade and Occupational Safety and lowing: end the following: Health Administration compliance officers (A) APPLICATION.—Employers who volun- ‘‘(e)(1) Not later than 90 days after the date have repeatedly found to be difficult to in- teer under the program shall be required to of enactment of this subsection, the Sec- terpret, apply, or implement; submit an application to the Secretary of retary shall establish and carry out a pilot (4) allowing qualified safety directors from Labor demonstrating that the worksite with program in 3 States to provide expedited the specialty trade to train such compliance respect to which the application is made consultation services, with respect to the officers and others within the Administra- meets such requirements as the Secretary of provision of safe and healthful working con- tion responsible for writing and interpreting Labor may require for participation in the ditions, to employers that are small busi- OSHA Rules, both on the jobsite and off, on program. nesses (as the term is defined by the Admin- the unique nature of the specialty trade and (B) ONSITE EVALUATIONS.—There shall be istrator of the Small Business Administra- the difficulties contractors and safety direc- onsite evaluations by representatives of the tion). The Secretary shall carry out the pro- tors encounter when attempting to comply Secretary of Labor to ensure a high level of gram for a period not to exceed 2 years. with OSHA Rules as well as the best prac- protection of employees. The onsite visits ‘‘(2) The Secretary shall provide consulta- tices within the specialty trade; shall not result in enforcement of citations tion services under paragraph (1) not later (5) seeking the means to ensure greater under the Occupational Safety and Health than 4 weeks after the date on which the compliance with the identified OSHA Rules, Act of 1970 (29 U.S.C. 651 et seq.). Secretary receives a request from an em- and reducing the number of citations based (C) INFORMATION.—Employers who are ap- ployer. on any misunderstanding by such compli- proved by the Secretary of Labor for partici- ‘‘(3) The Secretary may impose a nominal ance officers as to the scope and application pation in the program shall assure the Sec- fee to an employer requesting consultation of an OSHA Rule or the unique nature of the retary of Labor that information about the services under paragraph (1). The fee shall be workplace construction; and safety and health program shall be made in an amount determined by the Secretary. (6) establishing within the Occupational readily available to the Secretary of Labor Employers paying a fee shall receive priority Safety and Health Administration Training to share with employees. consultation services by the Secretary. Institute a trade-specific curriculum to be (D) REEVALUATIONS.—Periodic reevalua- ‘‘(4) In lieu of issuing a citation under sec- taught jointly by qualified trade safety di- tions by the Secretary of Labor of the em- tion 9 to an employer for a violation found rectors and compliance officers. ployers shall be required for continued par- by the Secretary during a consultation under (b) INITIAL PROGRAM.—The initial training ticipation in the program. paragraph (1), the Secretary shall permit the and educational exchange program shall be (3) EXEMPTIONS.—A site with respect to employer to carry out corrective measures established under subsection (a) with the which a program has been approved shall, to correct the conditions causing the viola- masonry construction industry.

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(c) REPORTS.—Upon the expiration of the 2- SEC. 4. EXPANDED INSPECTION METHODS. ‘‘(a) ADMINISTRATIVE PROCEEDINGS.—An year program under subsection (a), the Ad- (a) PURPOSE.—It is the purpose of this sec- employer who— ministrator of the Occupational Safety and tion to empower the Secretary of Labor to ‘‘(1) is the prevailing party in any adver- Health Administration, jointly with spe- achieve increased employer compliance by sary adjudication instituted under this Act, cialty trades that participate in programs using, at the Secretary’s discretion, more ef- and under such subsection, shall prepare and sub- ficient and effective means for conducting ‘‘(2) had not more than 100 employees and mit to the Committee on Health, Education, inspections. a net worth of not more than $7,000,000 at the Labor, and Pensions of the Senate and the (b) GENERAL.—Section 8(f) of the Act (29 time the adversary adjudication was initi- Committee on Education and Workforce of U.S.C. 657(f) is amended— ated, the House of Representatives a report on the (1) by adding at the end the following: shall be awarded fees and other expenses as activities and results of the training and ‘‘(3) The Secretary or an authorized rep- a prevailing party under section 504 of title educational exchange program. resentative of the Secretary may, as a meth- 5, United States Code, in accordance with (d) DEFINITION.—In this section, the term od of investigating an alleged violation or the provisions of that section, but without ‘‘qualified safety director’’ means an indi- danger under this subsection, attempt, if fea- regard to whether the position of the Sec- vidual who has, at a minimum, taken the 10- sible, to contact an employer by telephone, retary was substantially justified or special hour Occupational Safety and Health Admin- facsimile, or other appropriate methods to circumstances make an award unjust. For istration course and been employed a min- determine whether— purposes of this section the term ‘adversary imum of 5 years as a safety director in the ‘‘(A) the employer has taken corrective ac- adjudication’ has the meaning given that construction industry. tions with respect to the alleged violation or term in section 504(b)(1)(C) of title 5, United (e) AUTHORIZATION OF APPROPRIATIONS.— danger; or States Code. There are authorized to be appropriated, ‘‘(B) there are reasonable grounds to be- ‘‘(b) PROCEEDINGS.—An employer who— such sums as may be necessary to carry out lieve that a hazard exists. ‘‘(1) is the prevailing party in any pro- this section. ‘‘(4) The Secretary is not required to con- ceeding for judicial review of any action in- (f) TERMINATION.—The programs estab- duct an inspection under this subsection if lished under subsection (a) shall terminate stituted under this Act, and the Secretary believes that a request for an ‘‘(2) had not more than 100 employees and on the date that is 2 years after the date on inspection was made for reasons other than which the first program is so established. a net worth of not more than $7,000,000 at the the safety and health of the employees of an time the action addressed under subsection S. 2066 employer or that the employees of an em- (1) was filed, Be it enacted by the Senate and House of Rep- ployer are not at risk.’’. shall be awarded fees and other expenses as resentatives of the United States of America in SEC. 5. OCCUPATIONAL SAFETY AND HEALTH RE- a prevailing party under section 2412(d) of Congress assembled, VIEW COMMISSION. title 28, United States Code, in accordance (a) INCREASE IN NUMBER OF MEMBERS AND SECTION 1. SHORT TITLE; REFERENCES. with the provisions of that section, but with- REQUIREMENT FOR MEMBERSHIP.—Section 12 (a) SHORT TITLE.—This Act may be cited as out regard to whether the position of the of the Act (29 U.S.C. 661) is amended— the ‘‘Occupational Safety Fairness Act’’. United States was substantially justified or (b) REFERENCE.—Whenever in this Act an (1) in the second sentence of subsection special circumstances make an award unjust. amendment or repeal is expressed in terms of (a)— Any appeal of a determination of fees pursu- an amendment to, or repeal of, a section or (A) by striking ‘‘three members’’ and in- ant to subsection (a) of this subsection shall other provision, the reference shall be con- serting ‘‘five members’’; and be determined without regard to whether the sidered to be made to a section or other pro- (B) by inserting ‘‘legal’’ before ‘‘training’’; position of the United States was substan- vision of the Occupational Safety and Health (2) in the first sentence of subsection (b), tially justified or special circumstances Act of 1970 (29 U.S.C. 651 et seq.). by striking ‘‘except that’’ and all that fol- make an award unjust. SEC. 2. WORKSITE-SPECIFIC COMPLIANCE METH- lows through the period and inserting the ‘‘(c) APPLICABILITY.— ODS. following: ‘‘except that the President may ‘‘(1) COMMISSION PROCEEDINGS.—Subsection Section 9 of the Act (29 U.S.C. 658) is extend the term of a member for no more (a) shall apply to proceedings commenced on amended by adding at the end the following: than 365 consecutive days to allow a continu- or after the date of enactment of this sec- ‘‘(d) A citation issued under subsection (a) ation in service at the pleasure of the Presi- tion. to an employer who violates section 5, any dent after the expiration of the term of that ‘‘(2) COURT PROCEEDINGS.—Subsection (b) standard, rule, or order promulgated pursu- member until a successor nominated by the shall apply to proceedings for judicial review ant to section 6, or any regulation promul- President has been confirmed to serve. Any commenced on or after the date of enact- gated under this Act shall be vacated if such vacancy caused by the death, resignation, or ment of this section.’’. employer demonstrates that the employees removal of a member before the expiration of of such employer were protected by alter- a term for which a member was appointed SEC. 7. JUDICIAL DEFERENCE. native methods that are substantially equiv- shall be filled only for the remainder of such Section 11(a) of the Act (29 U.S.C. 660(a)) is alent or more protective of the safety and term.’’; and amended in the sixth sentence by inserting health of the employees than the methods (3) by striking subsection (f), and inserting before the period the following: ‘‘, and the required by such standard, rule, order, or the following: conclusions of the Commission with respect regulation in the factual circumstances un- ‘‘(f) For purposes of carrying out its func- to questions of law that are subject to agen- derlying the citation. tions under this Act, two members of the cy deference under governing court prece- ‘‘(e) Subsection (d) shall not be construed Commission shall constitute a quorum and dent shall be given deference if reasonable’’. to eliminate or modify other defenses that official action can be taken only on the af- SEC. 8. CONTESTING CITATIONS UNDER THE OC- may exist to any citation.’’. firmative vote of at least a majority of the CUPATIONAL SAFETY AND HEALTH ACT OF 1970. SEC. 3. DISCRETIONARY COMPLIANCE ASSIST- members participating but in no case fewer (a) IN GENERAL.—Section 10 of the Act (29 ANCE. than two.’’. U.S.C. 659) is amended— Subsection (a) of section 9 of the Act (29 (b) NEW POSITIONS.—Of the two vacancies U.S.C. 658(a)) is amended— for membership on the Occupational Safety (1) in the second sentence of subsection (a), (1) by striking the last sentence; and Health Review Commission created by by inserting after ‘‘assessment of penalty’’ (2) by striking ‘‘If, upon’’ and inserting ‘‘(1) subsection (a)(1)(A), one shall be appointed the following: ‘‘(unless such failure results If, upon’’; and by the President for a term expiring on April from mistake, inadvertence, surprise, or ex- (3) by adding at the end the following: 27, 2009, and the other shall be appointed by cusable neglect)’’; and ‘‘(2) Nothing in this Act shall be construed the President for a term expiring on April 27, (2) in the second sentence of subsection (b), as prohibiting the Secretary or the author- 2011. by inserting after ‘‘assessment of penalty’’ ized representative of the Secretary from (c) EFFECTIVE DATE FOR LEGAL TRAINING the following: ‘‘(unless such failure results providing technical or compliance assistance REQUIREMENT.—The amendment made by from mistake, inadvertence, surprise, or ex- to an employer in correcting a violation dis- subsection (a)(1)(B), requiring a member of cusable neglect)’’. covered during an inspection or investiga- the Commission to be qualified by reason of (b) EFFECTIVE DATE.—The amendments tion under this Act without issuing a cita- a background in legal training, shall apply made by this section shall apply to a cita- tion, as prescribed in this section. beginning with the two vacancies referred to tion or proposed assessment of penalty ‘‘(3) The Secretary or the authorized rep- in subsection (b) and all subsequent appoint- issued by the Occupational Safety and resentative of the Secretary— ments to the Commission. Health Administration that is issued on or ‘‘(A) may issue a warning in lieu of a cita- after the date of the enactment of this Act. tion with respect to a violation that has no SEC. 6. AWARD OF ATTORNEYS’ FEES AND COSTS. The Act (29 U.S.C. 651 et seq.) is amended SEC. 9. RIGHT TO CORRECT VIOLATIVE CONDI- significant relationship to employee safety TION. by redesignating sections 32, 33, and 34 as or health; and Section 9 of the Act (29 U.S.C. 658), as sections 33, 34, and 35, respectively, and by ‘‘(B) may issue a warning in lieu of a cita- amended by section 2, is amended by adding inserting after section 31 the following new tion in cases in which an employer in good at the end the following: faith acts promptly to abate a violation if section: ‘‘(f) The Commission may not assess a pen- the violation is not a willful or repeated vio- ‘‘AWARD OF ATTORNEYS’ FEES AND COSTS alty under section 17(c) for a non-serious vio- lation.’’. ‘‘SEC. 32. lation that is not repeated or willful if the

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employer corrects the violative condition actions by any person that are contrary to ‘‘(2) ISSUANCE OF FINAL ORDER.—The Com- and provides the Secretary an abatement established, communicated, and enforced mission, after a hearing described in para- certification within 72 hours.’’. work rules that would have prevented the graph (1), shall issue an order, based on find- SEC. 10. WRITTEN STATEMENT TO EMPLOYER violation. This subsection shall not be con- ings of fact, affirming, modifying, or FOLLOWING INSPECTION. strued to eliminate or modify elements of vacating the Secretary’s citation or proposed Section 8 of the Act (29 U.S.C. 657) is proof currently required to support a cita- penalty, or directing other appropriate re- amended by adding at the end the following: tion.’’. lief. Such order shall become final 30 days ‘‘(i) At the closing conference after the SEC. 15. ADOPTION OF NON-GOVERNMENTAL after issuance of the order.’’. completion of an inspection, the inspector STANDARDS. S. 2067 shall— The Act (29 U.S.C. 651 et seq.) is amended ‘‘(1) inform the employer or a representa- by adding after section 4 the following: Be it enacted by the Senate and House of Rep- resentatives of the United States of America in tive of the employer of the right of such em- ‘‘SEC. 4A. ADOPTION OF NON-GOVERNMENTAL ployer to request a written statement de- STANDARDS. Congress assembled, scribed in paragraph (2); and ‘‘The Secretary shall not promulgate or SECTION 1. SHORT TITLE. ‘‘(2) provide to the employer or a rep- enforce any finding, guideline, standard, This Act may be cited as the ‘‘HazCom resentative of the employer, upon the re- limit, rule, or regulation that is subject to Simplification and Modernization Act of quest of such employer or representative, incorporation by reference, or modification, 2005’’. with a written statement that clearly and as the result of a determination reached by SEC. 2. PURPOSE. concisely provides the following informa- any organization, unless the Secretary af- It is the purpose of this Act to assist chem- tion: firmatively finds that the determination has ical manufacturers and importers in pre- ‘‘(A) The results of the inspection, includ- been made by an organization and procedure paring material safety data sheets pursuant ing each alleged hazard, if any, and each ci- that complies with the requirements of sec- to the requirements of the Hazard Commu- tation that will be issued, if any. tion 3(9). Such finding and a summary of its nication standard published at section ‘‘(B) The right of the employer to contest basis shall be published in the Federal Reg- 1910.1200 of title 29, Code of Federal Regula- a citation, a penalty assessment, an amended ister and shall be deemed a final agency ac- tions, and the Hazard Communication stand- citation, and an amended penalty assess- tion subject to review by a United States ard published at part 47 of title 30, Code of ment. District Court in accordance with section 706 Federal Regulations, and to improve the ac- ‘‘(C) An explanation of the procedure to of title 5, United States Code.’’. curacy, consistency, and comprehensibility follow in order to contest a citation and a SEC. 16. EMPLOYEE RESPONSIBILITY. of such material safety data sheets and to es- penalty assessment, including when and The Act (29 U.S.C. 651 et seq.) is amended tablish a Commission for the purpose of where to contest a citation and the required by adding after section 9 the following: studying and making recommendations re- contents of the notice of intent to contest. ‘‘SEC. 9A. EMPLOYEE RESPONSIBILITY. garding the implementation of the United ‘‘(D) The Commission’s responsibility to ‘‘(a) IN GENERAL.—Notwithstanding any Nations’ Globally Harmonized System of affirm, modify, or vacate the citation and other provision of this Act, an employee Classification and Labeling of Chemicals. proposed penalty, if any. who, with respect to employer-provided per- SEC. 3. HAZARD COMMUNICATION. ‘‘(E) The informal review process. sonal protective equipment, willfully vio- (a) IN GENERAL.— ‘‘(F) The procedures before the Occupa- lates any requirement of section 5 or any (1) MODEL MATERIAL SAFETY DATA SHEETS tional Safety and Health Review Commis- standard, rule, or order promulgated pursu- FOR HIGHLY HAZARDOUS CHEMICALS.—The Sec- sion. ant to section 6, or any regulation prescribed retary of Labor shall develop model material ‘‘(G) The right of the employer to seek ju- pursuant to this Act, may be assessed a civil safety data sheets for the list of highly haz- dicial review. penalty, as determined by the Secretary, but ‘‘(j) No monetary penalty may be assessed not to exceed $50 for each violation. ardous chemicals contained in Appendix A to with respect to any violation not identified ‘‘(b) CITATIONS.—If, upon inspection or in- the Process Safety Management of Highly in the written statement requested under vestigation, the Secretary or the authorized Hazardous Chemicals standard published at subsection (i).’’. representative of the Secretary believes that section 1910.119 of title 29, Code of Federal SEC. 11. TIME PERIODS FOR ISSUING CITATIONS. an employee of an employer has, with re- Regulations. Such model material safety Section— spect to employer-provided personal protec- data sheets shall— (1) 9(a) of the Act (29 U.S.C. 658(a)) is tive equipment, violated any requirement of (A) comply with the requirements of the amended— section 5 or any standard, rule, or order pro- Hazard Communication standard published (A) by striking ‘‘upon inspection’’ and in- mulgated pursuant to section 6, or any regu- at section 1910.100 of such title 29 and the serting ‘‘upon the initiation of inspection’’; lation prescribed pursuant to this Act, the Hazard Communication standard published (B) by striking ‘‘with reasonable prompt- Secretary shall within 30 days issue a cita- at part 47 of title 30, Code of Federal Regula- ness’’ and inserting ‘‘within thirty working tion to the employee. Each citation shall be tions; days’’; and in writing and shall describe with particu- (B) be presented in a consistent format (C) by inserting after the first sentence, larity the nature of the violation, including that enhances the reliability and comprehen- the following: ‘‘Such 30 day period may be a reference to the provision of this Act, sibility of information about chemical haz- waived by the Secretary for good cause standard, rule, regulation, or order alleged ards in the workplace and protective meas- shown, including, but not limited to, cases to have been violated. No citation may be ures; and involving death, novel issues, large or com- issued under this section after the expiration (C) be made available to the public, includ- plex worksites, or pursuant to an agreement of 6 months following the occurrence of any ing through posting on the Occupational by the parties to extend such period.’’; and violation. Safety and Health Administration’s website (2) 10(a) of the Act (29 U.S.C. 659(a)) is ‘‘(c) NOTIFICATION.— and the Mine Safety and Health Administra- amended— ‘‘(1) IN GENERAL.—The Secretary shall no- tion’s website, within 18 months after the (B) by striking ‘‘within a reasonable time’’ tify an employee— date of enactment of this Act. and inserting ‘‘within thirty days’’; and ‘‘(A) by certified mail of a citation under (2) CONSTRUCTION.—Nothing in this sub- (C) by inserting after the first sentence, subsection (b) and the proposed penalty; and section shall be construed to— the following: ‘‘Such 30 days period may be ‘‘(B) that such employee has 30 working (A) modify or amend the Hazard Commu- waived by the Secretary for good cause days within which to notify the Secretary nication standard published at section shown, including, but not limited to, cases that the employee wishes to contest the cita- 1910.1200 of title 29, Code of Federal Regula- involving death, novel issues, large or com- tion or proposed penalty. tions, the Process Safety Management of plex worksites, or pursuant to an agreement ‘‘(2) FINAL ORDER.—If an employee does not Highly Hazardous Chemicals standard pub- by the parties to extend such period.’’. file a notification described in paragraph lished at section 1910.119 of such title 29, the SEC. 12. TIME PERIODS FOR CONTESTING CITA- (1)(B) with the Secretary within 30 working Hazard Communication standard published TIONS. days, the citation and proposed penalty at part 47 of title 30, Code of Federal Regula- Section 10 of the Act (29 U.S.C. 659) is shall— tions, or any other provision of law; and amended by striking ‘‘fifteen’’ each place it ‘‘(A) be deemed a final order of the Com- (B) authorize the Secretary of Labor to in- appears and inserting ‘‘thirty’’. mission; and clude in the model material safety data SEC. 13. PENALTIES. ‘‘(B) not be subject to review by any court sheet developed under this subsection any Section 17 of the Act (29 U.S.C. 666) is or agency. suggestion or recommendation as to permis- amended by inserting the following: ‘‘(d) CONTESTING OF CITATION.— sible or appropriate workplace exposure lev- ‘‘(m) The Secretary shall not use ‘other ‘‘(1) IN GENERAL.—If an employee files a no- els for these chemicals, except as required by than serious’ citations as a basis for issuing tification described in paragraph (1)(B) with the Hazard Communication standard pub- repeat or willful citations.’’. the Secretary within 30 working days, the lished at section 1910.1200 of such title 29, and SEC. 14. UNANTICIPATED CONDUCT. Secretary shall immediately advise the Com- the Hazard Communication standard pub- Section 9 of the Act (29 U.S.C. 658) is mission of such notification, and the Com- lished at part 47 of title 30, Code of Federal amended by adding at the end the following: mission shall afford the employee an oppor- Regulations. ‘‘(d) No citation may be issued under this tunity for a hearing in accordance with sec- (3) AUTHORIZATION OF APPROPRIATIONS.— section for any violation that is the result of tion 554 of title 5, United States Code. There are authorized to be appropriated to

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13376 CONGRESSIONAL RECORD — SENATE November 18, 2005 the Department of Labor such sums as may (v) The impact of adopting the Globally to develop, implement, or evaluate strate- be necessary to carry out this subsection. Harmonized System on occupational safety gies or programs to improve chemical hazard (b) GLOBALLY HARMONIZED SYSTEM COMMIS- and health in the United States. communication in the workplace through SION.— (vi) The impact of adopting the Globally the use of technology, which may include (1) ESTABLISHMENT.—Not later than 6 Harmonized System on tort, insurance, and electronic or Internet-based hazard commu- months after the date of enactment of this workers compensation laws in the United nication systems.’’. Act, there shall be established a commission, States. (2) AUTHORIZATION OF APPROPRIATIONS.— to be known as the Global Harmonization (vii) The impact of adopting the Globally There are authorized to be appropriated such Commission (referred to in this subsection as Harmonized System on the ability to bring sums as may be necessary to carry out the the ‘‘Commission’’), to consider the imple- new products to the market in the United amendment made by paragraph (1). mentation of the United Nations Globally States. Harmonized System of Classification and La- (viii) The cost and benefits of adopting the By Ms. COLLINS (for herself, Mr. beling of Chemicals to improve chemical Globally Harmonized System to businesses, VOINOVICH, and Mr. AKAKA): hazard communication and to make rec- including small businesses, in the United S. 2068. A bill to preserve existing ommendations to Congress. States. judgeships on the Superior Court of the (2) MEMBERSHIP.—The Commission shall be (ix) How effective compliance assistance, District of Columbia; to the Committee composed of 17 members of whom— training, and outreach can be used to help (A) 1 shall be the Secretary of Labor (re- chemical manufacturers, importers, and on Homeland Security and Govern- ferred to in this Act as the ‘‘Secretary’’); users, particularly small businesses, under- mental Affairs. (B) 1 shall be the Secretary of Transpor- stand and comply with the Globally Har- Ms. COLLINS. Mr. President, today I tation; monized System. am pleased to introduce legislation (C) 1 shall be the Secretary of Health and (B) REPORT.—Not later than 18 months that would preserve existing seats on Human Services; after the date of enactment of this Act, the the District of Columbia Superior (D) 1 shall be the Administrator of the En- Commission shall submit to the appropriate Court. I am pleased to be joined in this vironmental Protection Agency; committees of Congress a report containing effort by Senators VOINOVICH and (E) 1 shall be the Chairman of the Con- a detailed statement of the findings and con- AKAKA. sumer Product Safety Commission; clusions of the Commission, together with (F) 1 shall be the Chairman of the Chem- its recommendations for such legislation as The Superior Court is the trail court ical Safety and Hazard Investigation Board the Commission considers appropriate. of general jurisdiction over local mat- (or his or her designee); (5) POWERS.— ters in the District of Columbia. The (F) 11 shall be appointed by the Secretary (A) HEARINGS.—The Commission shall hold associate judges on the court are se- of Labor, of whom— at least one public hearing, and may hold ad- lected through a two-step review proc- (i) 2 shall be representatives of manufac- ditional hearings, sit and act at such times ess. When a vacancy on the court oc- turers of hazardous chemicals, including a and places, take such testimony, and receive curs, usually because of a retiring representative of small businesses; such evidence as the Commission considers judge, the District of Columbia Judi- (ii) 2 shall be representatives of employers advisable to carry out this section. The Com- cial Nominations Commission solicits who are extensive users of hazardous chemi- mission shall, to the maximum extent pos- cals supplied by others, including a rep- sible, use existing data and research to carry applicants to fill the vacancy. The resentative of small businesses; out this section. commission narrows the possible num- (iii) 2 shall be representatives of labor or- (B) INFORMATION FROM FEDERAL AGENCIES.— ber of candidates to three and sends ganizations; The Commission may secure directly from those three names to the President. (iv) 2 shall be individuals who are qualified any Federal department or agency such in- The President then selects one of those in an occupational health or safety field by formation as the Commission considers nec- three candidates and sends the nomi- an organization whose program has been ac- essary to carry out this section. Upon re- credited by a nationally recognized private nee to the Senate for confirmation. Ex- quest by the Commission, the head of such isting law caps the total number of accreditation organization or by the Sec- department or agency shall promptly furnish retary, who have expertise in chemical haz- such information to the Commission. judges on the superior court at 59. Unfortunately, two nominees cur- ard communications; (C) POSTAL SERVICES.—The Commission (v) 1 shall be a representative of mining in- may use the United States mails in the same rently pending in the Committee on dustry employers; manner and under the same conditions as Homeland Security and Governmental (vi) 1 shall be a representative of mining other departments and agencies of the Fed- Affairs and an additional candidate ex- industry employees; and eral Government. pected to be nominated in the coming (vii) 1 shall be a safety and health profes- (6) PERSONNEL MATTERS.— months may not be able to be seated on sional with expertise in mining. (A) COMPENSATION; TRAVEL EXPENSES.— the court even if they are confirmed by (3) CHAIR AND VICE-CHAIR.—The members of Each member of the Commission shall serve the Commission shall select a chair and vice- the Senate. The three seats that these without compensation but shall be allowed candidates are intended to fill were left chair from among its members. travel expenses, including per diem in lieu of (4) DUTIES.— subsistence, at rates authorized for employ- open by retiring judges, so they are not (A) STUDY AND RECOMMENDATIONS.—The ees of agencies under subchapter I of chapter new seats on the court. Commission shall conduct a thorough study 57 of title 5, United States Code, while away The cause of this unusual problem is of, and shall develop recommendations on, from their homes or regular places of busi- the District of Columbia Family Court the following issues relating to the global ness in the performance of services for the Act, enacted during the 107th Congress. harmonization of hazardous chemical com- Commission. That act created three new seats for munication: (B) STAFF AND EQUIPMENT.—The Depart- the family court, which is a division of (i) Whether the United States should adopt ment of the Labor shall provide all financial, any or all of the elements of the United Na- the superior court, but failed to in- administrative, and staffing requirements crease the overall cap on the number of tion’s Globally Harmonized System of Clas- for the Commission including— sification and Labeling of Chemicals (re- (i) office space; judges seated on the court. As a result, ferred to in this subsection and the ‘‘Glob- (ii) furnishings; and the Family Court Act effectively elimi- ally Harmonized System’’). (iii) equipment. nated three existing seats in the other (ii) How the Globally Harmonized System (7) TERMINATION.—The Commission shall divisions of the court, including the should be implemented by the Federal agen- terminate on the date that is 90 days after criminal and civil divisions. cies with relevant jurisdiction, taking into the date on which the Commission submits As a result of this situation, the Com- consideration the role of the States acting the report required under paragraph (3)(B). under delegated authority. mittee on Homeland Security and Govern- (8) AUTHORIZATION OF APPROPRIATIONS.— mental Affairs currently has two nomina- (iii) How the Globally Harmonized System There are authorized to be appropriated to compares to existing chemical hazard com- tions pending for the superior court but no the Department of Labor, such sums as may seats left to fill. I also understand that there munication laws and regulations, including be necessary to carry out this subsection. the Hazard Communication standard pub- is yet another nomination expected in the (c) HAZARD COMMUNICATION DEMONSTRATION coming months. Since existing law sets lished at section 1910.1200 of title 29, Code of PROJECTS.— Federal Regulations and the Hazard Commu- strict requirements on both the DC Judicial (1) IN GENERAL.—Section 20(a) of the Act Nominations Commission as well as the nication standard published at part 47 of (29 U.S.C. 670(a)) is amended by adding at the title 30, Code of Federal Regulations. White House on how quickly they must proc- end the following: ess potential candidates and make a nomina- (iv) The impact of adopting the Globally ‘‘(8) Subject to the availability of appro- tion, it is unclear whether they have legal Harmonized System on the consistency, ef- priations, the Secretary, after consultation grounds to halt their processes. fectiveness, comprehensiveness, timing, ac- with others, as appropriate, shall award curacy, and comprehensibility of chemical grants to one or more qualified applicants in This is a highly unusual situation for hazard communication in the United States. order to carry out a demonstration project this body to have nominations pending

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13377 before it for which there are no open training for graduate medical edu- We have received strong support from positions. The bill I introduce today cation, GME, programs. These pro- a number of organizations who are in would rectify this problem by amend- grams often rely upon volunteer physi- the forefront of training America’s fu- ing the District of Columbia Code to cian faculty to provide educational op- ture physicians and who have con- increase the cap on the number of asso- portunities in practice settings which firmed the critical need for this legisla- ciate judges on the superior court. This are similar to those in which these tion, including the Association of is not intended to create new seats on physicians in training will ultimately American Medical Colleges, the Aca- the Court; that was already done when practice. demic Family Medicine Advocacy Alli- the DC Family Court Act was enacted. Congress clearly stated support for ance, representing the Society of Instead, this would preserve existing this concept as part of the Balanced Teachers of Family Medicine, the Asso- seats on the court and remedy a prob- Budget Act of 1997, when they reformed ciation of Departments of Family Med- lem that is affecting not only the court the GME funding formulas to allow icine, the Association of Family Medi- but the Senate as well. funding for residents training in non- cine Residency Directors, and the I believe that it is also important to hospital settings. However, recent rule- North American Primary Care Re- not only remedy the immediate prob- making, agency interpretations, and search Group, and the American Osteo- lem before the Senate but also to en- guidance issued by the Centers for pathic Association. sure that all of the divisions of the su- Medicare and Medicaid Services, CMS, I ask unanimous consent that the perior court are fully staffed. This is are creating a chilling effect on these text of the bill and the letters of sup- training programs. Teaching programs more than just a procedural issue. It is port from these organizations printed across the Nation are facing audits and also important for the citizens of the in the RECORD. District of Columbia to know that all scrutiny as a result of confusing and There being no objection, the mate- of the divisions, including criminal and unclear CMS policies and guidance on rial was ordered to be printed in the this issue. This has happened in my civil, are operating at full capacity. RECORD, as follows: State, as well as many others, and is Eliminating existing seats in the S. 2071 criminal and civil divisions will not posing a serious threat to our future physician workforce and to teaching Be it enacted by the Senate and House of Rep- improve the administration of justice resentatives of the United States of America in hospitals and medical schools which in the District, but can only result an Congress assembled, offer these programs. increased judicial caseload and delays SECTION 1. SHORT TITLE. If these agency policies are not halt- at the courthouse. This Act may be cited as the ‘‘Community ed and reversed, teaching hospitals The legislation I introduce today is and Rural Medical Residency Preservation throughout the country will be forced similar to legislation that was favor- Act of 2005’’. to train all residents in the hospital SEC. 2. CLARIFICATION OF CONGRESSIONAL IN- ably reported by the Committee on setting or potentially eliminate their Governmental Affairs and subsequently TENT REGARDING THE COUNTING residency programs. Not only does this OF RESIDENTS IN A NONHOSPITAL passed by the Senate by unanimous do a disservice to medical residents SETTING. consent during the 108th Congress. I who are able to obtain practical experi- (a) D–GME.—Section 1886(h)(4)(E) (42 hope that my colleagues will join me in ence and be exposed to settings where U.S.C. 1395ww(h)(4)(E)) is amended by adding supporting this important legislation. at the end the following new sentences: ‘‘For they may ultimately practice, but purposes of the preceding sentence, the term these programs provide individuals liv- By Ms. SNOWE (for herself, Mr. ‘all, or substantially all, of the costs for the ing in medically underserved and rural BINGAMAN, Ms. COLLINS, Mr. training program’ means the stipends and areas with access to health care which benefits provided to the resident and other DORGAN, and Mr. ROCKE- might otherwise not be available. amounts, if any, as determined by the hos- FELLER): Training medical residents outside pital and the entity operating the nonhos- S. 2071. A bill to amend title XVIII of the hospital setting is sound edu- pital setting. The hospital is not required to the Social Security Act to clarify con- cational policy and a worthwhile public pay the entity any amounts other than those gressional intent regarding the count- policy goal that Congress clearly man- determined by the hospital and the entity in ing of residents in the nonhospital set- dated in 1997. In an effort to preserve order for the hospital to be considered to have incurred all, or substantially all, of the ting under the medicare program; to the utilization of nonhospital training the Committee on Finance. costs for the training program in that set- sites, I am therefore introducing legis- ting.’’. Ms. SNOWE. Mr. President, I rise lation today which would clarify the today to introduce the Community and (b) IME.—Section 1886(d)(5)(B)(iv) (42 meaning of the term ‘‘all, or substan- U.S.C. 1395ww(d)(5)(B)(iv)) is amended by Rural Medical Residency Preservation tially all, of the costs for the training adding at the end the following new sen- Act of 2005, which will serve to ensure program,’’ a phrase which has been tences: ‘‘For purposes of the preceding sen- the continued viability of medical resi- subject to differing, and confusing, in- tence, the term ‘all, or substantially all, of dency training programs in our local terpretations by CMS. the costs for the training program’ means communities. I am particularly pleased My legislation would clarify that, for the stipends and benefits provided to the resident and other amounts, if any, as deter- to introduce this bill with several of teaching hospitals and entities oper- my colleagues, Senators BINGAMAN, mined by the hospital and the entity oper- ating training programs outside the ating the nonhospital setting. The hospital COLLINS, DORGAN, and ROCKEFELLER, hospital setting, the teaching hospital is not required to pay the entity any who share my concerns about the need shall not be required to pay the entity amounts other than those determined by the to clarify congressional intent so that operating the nonhospital setting any hospital and the entity in order for the hos- teaching hospitals will be able to offer amounts other than those determined pital to be considered to have incurred all, or these essential residency training pro- by the hospital and the entity for the substantially all, of the costs for the train- grams in the community and so that hospital to be considered to have in- ing program in that setting.’’. medical residents, as well as many who curred all, or substantially all, of the (c) EFFECTIVE DATE.—The amendments live in these communities, will be able made by this section shall take effect on costs for the training program. Medical January 1, 2005. to continue to benefit from these pro- associations, teaching hospitals, and grams. academic medicine all strongly support AMERICAN OSTEOPATHIC Many medical residency training pro- this legislation. ASSOCIATION, grams have traditionally operated in This language will also make clear DEPARTMENT OF GOVERNMENT sites located outside the hospital set- that hospitals shall not be required to RELATIONS, ting for their educational programs. pay an entity operating a nonhospital Washington, DC, November 2, 2005. These nonhospital settings are, in fact, setting for any actual or imputed costs Hon. OLYMPIA J. SNOWE, where most of this type of physician of time voluntarily spent supervising Russell Senate Office Building, training occurs. The community and interns or residents as a condition for Washington, DC. DEAR SENATOR SNOWE: As President of the rural sites which operate these pro- computing residents for purposes of re- American Osteopathic Association (AOA), I grams include physician offices, nurs- ceiving either direct graduate medical write to express our strong support for the ing homes, and community health cen- education payments or indirect med- ‘‘Community and Rural Medical Residency ters—cornerstones of ambulatory ical education payments. Preservation Act of 2005.’’ On behalf of the

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13378 CONGRESSIONAL RECORD — SENATE November 18, 2005 56,000 osteopathic physicians represented by hospital setting, rather than a complicated in this area. We look forward to your moving the AOA, thank you for your tireless efforts formula requiring unreasonable administra- this legislation forward. to protect and promote quality graduate tive burdens on both the teaching programs Sincerely, medical education. and nonhospital training settings. WILLIAM K. MYGDAL, EDD, A majority of osteopathic residency pro- We appreciate your continued interest in President, Society of grams, in all specialties, use non-hospital this issue and your efforts to ensure the via- Teachers of Family settings in their educational programs. bility of community and rural residency Medicine. These non-hospital sites, which consist of training. The AAMC looks forward to con- PENNY TENZER, MD, physician offices, nursing homes, community tinuing to work with you and your staff to President, Association health centers, and other ambulatory set- advance this important legislation. of Family Practice tings, provide resident physicians with valu- Sincerely, Residency Directors. able educational experiences in settings JORDAN COHEN, M.D. WARREN NEWTON, MD, similar to those in which they ultimately President, Association will practice. This concept is a cornerstone ACADEMIC FAMILY MEDICINE ADVOCACY of Departments of of osteopathic graduate medical education. ALLIANCE, Family Medicine. The training of residents in non-hospital November 11, 2005. PERRY DICKINSON, MD, settings is sound educational policy and a Hon. OLYMPIA J. SNOWE, President, North worthwhile public policy goal that Congress Russell Senate Office Building, American Primary clearly mandated in 1997. It continues to Washington, DC. Care Research enjoy strong Congressional support. Con- DEAR SENATOR SNOWE: On behalf of the un- Group. gress endorsed this concept as part of the dersigned academic family medicine organi- Balanced Budget Act of 1997, when the grad- zations I would like to commend you for in- uate medical education, GME, funding for- troducing the ‘‘Community and Rural Med- By Mr. REID: mulas were reformed to allow funding for ical Residency Preservation Act of 2005’’, leg- S. 2072. A bill to provide for the con- residents training in non-hospital settings islation intended to solve a longstanding with volunteer faculty. veyance of certain public lands in and problem in Medicare regulations that deals around historic mining townsites in However, recent rule-making, agency in- with volunteer teachers of residents in non- terpretations, and guidance issued by the hospital settings. Nevada, and for other purposes; to the Centers for Medicare and Medicaid Services, We have appreciated your support through Committee on Energy and Natural Re- CMS, create a chilling effect on residency the years on this issue, and value your con- sources. training programs. If CMS policy is not halt- tinued efforts to find a solution to the prob- Mr. REID. Mr. President, I rise today ed, hospitals will be forced to train all resi- lem. As you know, the Balanced Budget Act, dents in the hospital setting or potentially BBA, included a change in statute that al- to introduce the Nevada Mining Town- eliminate programs. Teaching programs lowed forthe counting of training time in site Conveyance Act, which addresses across the nation face audits and scrutiny as non-hospital settings to be included in Medi- an important public land issue in rural a result of confusing and unclear CMS policy care cost reports forboth IME and DME FTE Nevada. As you may know, the Federal on this issue. counts. As part of that change, the statute, Your legislation establishes, in statute, Government controls more than 87 per- stated that a hospital must incur ‘‘all pr sub- cent of the land in Nevada. That is clear and concise guidance on the use of am- stantially all’’ the costs ofthe training in bulatory sites in teaching programs. If en- that setting. In the implementing regula- more than 61 million acres of land. acted, it will preserve the quality education tions CMS (then HCFA) added the faculty This fact makes it necessary for our of resident physicians originally envisioned costs to the already included residents’ sal- State and our communities to pursue by Congress in 1997. The AOA and our mem- ary and benefits, and required a written Federal remedies for problems that in bers stand ready to use all available re- agreement between the hospital and the non other States can be handled in a much sources to ensure enactment of this impor- hospital site. more expeditious manner. tant legislation. This change in regulation, and the inter- Sincerely, pretations of it that CMS has used during The residents of Ione and Gold Point PHILIP SHETTLE, D.O., audits have caused many hospitals to lose in Nevada have asked for our help in President. the ability to count residents that train in settling longstanding trespass issues non-hospital settings, and required them to that affect these historic mining com- ASSOCIATION OF AMERICAN MEDICAL refund large sums of IMEand DME money to munities. These communities have COLLEGES, CMS. Washington, DC, November 18, 2005. Congress made the change in statute. to been continuously occupied for over 100 Hon. OLYMPIA SNOWE, encourage training in rural and underserved years. Many residents live on land that Russell Senate Office Building, settings. Unfortunately. CMS’s, actions have their families have ostensibly owned Washington, DC. had just the opposite effect. It has had a for several decades. These citizens have DEAR SENATOR SNOWE: On behalf of the As- dampening effect on training in the non-hos- paid their property taxes and made im- sociation of the American Medical Colleges, pital setting—including rural rotations. It provements to their properties, reha- AAMC, I write to endorse the ‘‘Community has resulted in much training being brought bilitated historic structures and built and Rural Medical Residency Preservation back into the hospital, ironically both at a Act of 2005.’’ The AAMC represents 125 ac- time when accrediting bodies are requiring new ones. credited U.S. medical schools; approximately more training outside the hospital, and con- The documents by which many of 400 major teaching hospitals and health sys- trary to the wishes of Congress. these people claim possession of the tems, 94 academic and professional societies, As you are well aware, several of the Fam- properties date back many years. In ily Medicine residency programs in Maine representing 109,000 faculty members; and fact, some of the deeds are historic doc- the nation’s 67,000 medical students and are at risk of closing due to the financial im- 104,000 residents. plications of CMS’s interpretations. We are uments themselves. Yet because many Your bill would ensure that CMS regula- also aware of similar situations throughout of these documents do not satisfy mod- tions and guidance no longer impede the the United States. For example, if the cur- ern requirements for demonstrating ability of teaching programs to train resi- rent situation continues, we have heard that land title, they have been deemed in- dent physicians in ambulatory and rural set- in Iowa, four of the eight Family Medicine valid. In other words, the Bureau of tings. As you know, ambulatory training is a training programs are at risk of closing in Land Management has determined that vital aspect of every resident’s training and the next couple of years. In Oregon, several is designed to expose residents to a variety residencies are at risk of losing many FTE’s, some of the residents of Ione and Gold of rural, suburban and urban settings in including Internal Medicine, Surgery, OB- Point are trespassing on Federal land. which they ultimately choose to practice Gyn, and Emergency Medicine. In Montana, This unfortunate situation puts the such as physicians offices, nursing homes, the only Family Medicine residency program BLM at odds with the local residents and community health centers. Such train- in the state is in danger of losing funding oJ and county governments and is ham- ing is coordinated by program directors at all it’s outside rotations due to CMS’s unrea- pering efforts to improve basic commu- teaching hospitals in conjunction with com- sonable requirements related to non-hospital nity services such as fire protection, munity physicians—many of whom volunteer rotations. Across the country, residency pro- their time as a professional commitment to grams are at risk. CMS has had several years and water supply and treatment facili- train the next generation of physicians. to solve the problem. The report of the Office ties. Specifically, your bill clarifies that super- of Inspector General (OIG) that was required Nye County, Esmeralda County, and vising physicians in non-hospital settings by Congress in the MMA has given CMS sev- the BLM have worked together for would be allowed to volunteer their teaching eral options, and yet nothing has been done. time. It also ensures that any teaching costs We appreciate your efforts to put an end to nearly a decade to solve this problem. associated with supervising physicians who this war of attrition. Please count on us to All of these parties support the legisla- are not volunteers would be based on nego- support your efforts at resolving this situa- tion that we offer today as a solution tiations between the hospital and the non- tion legislatively. Thank you for your help to these land ownerships conflicts, and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13379 as a means of promoting responsible re- ministrative efficiency and effectiveness, (1) section 2320 of the Revised Statutes (30 source management. All of the land in- and the Bureau of Land Management has al- U.S.C. 21 et seq.); cluded in this bill has been identified ready identified certain parcels of the real (2) the Federal Land Policy and Manage- by the BLM for disposal. property for disposal. ment Act of 1976 (43 U.S.C. 1701 et seq.); or This legislation represents the first (5) Some of the real property contains his- (3) subtitle B of title X of the Omnibus toric and cultural values that must be pro- Budget Reconciliation Act of 1993 (30 U.S.C. of a two-part solution. Under this bill, tected. 28(f)–(k)), including regulations promulgated specified lands within the historic min- (6) To promote responsible resource man- under section 3833.1 of title 43, Code of Fed- ing townsites of Ione and Gold Point agement of the real property, certain parcels eral Regulations or any successor regulation. would be conveyed to the respective should be conveyed to the county in which (g) SURVEY.—A mining townsite to be con- counties. Under the provisions of a the property is situated in accordance with veyed by the United States under this sec- State law passed several years ago in land use management plans of the Bureau of tion shall be sufficiently surveyed to legally Nevada, the counties will then re- Land Management so that the county can, describe the land for patent conveyance. among other things, dispose of the property (h) RELEASE.—On completion of the con- convey the land to these people or enti- veyance of a mining townsite under sub- ties who can demonstrate ownership or to persons residing on or otherwise occu- pying the property. section (c), the United States shall be re- longstanding occupancy of specific (b) MINING TOWNSITE DEFINED.—In this sec- lieved from liability for, and shall be held land parcels. tion, the term ‘‘mining townsite’’ means real harmless from, any and all claims arising My bill conveys, for no consideration, property in the counties of Esmeralda and from the presence of improvements and ma- approximately 760 acres in the commu- Nye, Nevada, that is owned by the Federal terials on the conveyed property. nities of Ione and Gold Point from the Government, but upon which improvements (i) AUTHORIZATION OF APPROPRIATIONS.— BLM to Nye and Esmeralda Counties. were constructed because of a mining oper- There is authorized to be appropriated to the As a condition of the conveyance, all ation on or near the property and based upon Secretary of the Interior such amounts as may be necessary to carry out the convey- historic and cultural resources con- the belief that— (1) the property had been or would be ac- ances required by this section, including tained in the townsites shall be pre- quired from the Federal Government by the funds to cover the costs of cadastral and served and protected under applicable entity that operated the mine; or mineral surveys, mineral potential reports, Federal and State law. It should also (2) the person who made the improvement hazardous materials, biological, cultural and be noted that approximately 145 acres had a valid claim for acquiring the property archaeological clearances, validity examina- of the total land conveyed to Nye from the Federal Government. tions and other expenses incidental to the County will stay in county hands in (c) CONVEYANCE AUTHORITY.— conveyances. order to simplify management of a (1) IN GENERAL.—Notwithstanding sections By Mrs. CLlNTON: cemetery, a landfill and an airstrip. 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), S. 2073. A bill to amend the Internal These conveyances will benefit the the Secretary of the Interior, acting through Revenue Code of 1986 to provide a tax agencies that manage Nevada’s vast the Bureau of Land Management, shall con- credit for property owners who remove Federal lands as well as the proud citi- vey, without consideration, all right, title, lead-based paint hazards; to the Com- zens of our rural communities. and interest of the United States in and to mittee on Finance. I sincerely hope that my colleagues mining townsites (including improvements Mrs. CLINTON. Mr. President, I rise thereon) identified for conveyance on the will support this legislation. It is a today to discuss a serious, persistent, practical solution that deserves swift maps entitled ‘‘Original Mining Townsite, Ione, Nevada’’ and ‘‘Original Mining Town- and entirely preventable threat to the passage. We salute the Bureau of Land health and well-being of our children. Management, the counties, and the site, Gold Point, Nevada’’ and dated October 17, 2005. Lead is highly toxic and continues to local residents for their cooperation (2) AVAILABILITY OF MAPS.—The maps re- be a major environmental health prob- and hard work in crafting a reasonable ferred to in paragraph (1) shall be on file and lem in the United States, especially for solution to this problem. available for public inspection in the appro- infants, children, and pregnant women. I ask unanimous consent that the priate offices of the Secretary of the Inte- A CDC survey conducted between 1999– text of the bill be printed in the rior, including the office of the Bureau of 2002, estimated that 310,000 American ECORD. Land Management located in the State of R children under 6 were at risk for expo- There being no objection, the bill was Nevada. sure to harmful lead levels in United ordered to be printed in the RECORD, as (d) RECIPIENTS.— RIGINAL RECIPIENT States. Childhood lead poisoning has follows: (1) O .—Subject to para- graph (2), the conveyance of a mining town- been linked to impaired growth and S. 2072 site under subsection (c) shall be made to the function of vital organs and problems Be it enacted by the Senate and House of Rep- county in which the mining townsite is situ- resentatives of the United States of America in with intellectual and behavioral devel- ated. opment. A study from the New England Congress assembled, (2) RECONVEYANCE TO OCCUPANTS.—In the SECTION 1. SHORT TITLE. case of a mining townsite conveyed under Journal of Medicine also found that This Act may be cited as the ‘‘Nevada Min- subsection (c) for which a valid interest is children suffered up to a 7.4-percent de- ing Townsite Conveyance Act’’. proven by one or more persons, under the crease in IQ at lead levels that CDC SEC. 2. DISPOSAL OF PUBLIC LANDS IN MINING provisions of Nevada Revised Statutes Chap- considers safe. At very high levels, lead TOWNSITES, ESMERALDA AND NYE ter 244, the county that received the mining poisoning can cause seizures, coma, COUNTIES, NEVADA. townsite under paragraph (1) shall reconvey and even death. (a) FINDINGS.—Congress finds the fol- the property to that person or persons by ap- The most common source of lead ex- lowing: propriate deed or other legal conveyance as (1) The Federal Government owns real posure for children today is lead paint provided in that State law. The county is not in older housing and the contaminated property in and around historic mining required to recognize a claim under this townsites in the counties of Esmeralda and paragraph submitted more than 10 years lead dust it generates. Despite a ban on Nye in the State of Nevada. after the date of the enactment of this Act. lead paint in 1978, there are still over 24 (2) While the real property is under the ju- (e) PROTECTION OF HISTORIC AND CULTURAL million housing units in the United risdiction of the Secretary of the Interior, RESOURCES.—As a condition on the convey- States that have lead paint hazards, acting through the Bureau of Land Manage- ance or reconveyance of a mining townsite with about 1.2 million in New York ment, some of the real property land has under subsection (c), all historic and cultural been occupied for decades by persons who State alone. According to 2000 census resources (including improvements) on the data, New York State has over 37 per- took possession by purchase or other docu- mining townsite shall be preserved and pro- mented and putatively legal transactions, tected in accordance with applicable Federal cent of homes that were built prior to but whose continued occupation of the real and State law. 1950 and more pre-1950 housing units property constitutes a ‘‘trespass’’ upon the (f) VALID EXISTING RIGHTS.—The convey- available for occupancy than any other title held by the Federal Government. ance of a mining townsite under this section State. (3) As a result of the confused and con- shall be subject to valid existing rights, in- Though New York State has made flicting ownership claims, the real property cluding any easement or other right-of-way considerable progress in prevention and is difficult to manage under multiple use or lease in existence as of the date of the early identification of childhood lead policies and creates a continuing source of conveyance. All valid existing rights and in- friction and unease between the Federal Gov- terests of mining claimants shall be main- poisoning, more needs to be done to ernment and local residents. tained, unless those rights or interests are minimize the risk of lead exposure in (4) All of the real property is appropriate deemed abandoned and void or null and void the home, by our kids. About 5 percent for disposal for the purpose of promoting ad- under— of New York children screened for lead

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13380 CONGRESSIONAL RECORD — SENATE November 18, 2005 poisoning at age 2 were found to have based paint is prevalent. In Massachu- (c) PURPOSE.—The purpose of this section elevated levels of lead in the blood, setts, a similar tax credit helped re- is to encourage the safe removal of lead haz- more than twice the national average. duce the number of new cases of child- ards from homes and thereby decrease the Minority and poor children are dis- hood lead poisoning by almost two- number of children who suffer reduced intel- thirds in a decade. ligence, learning difficulties, behavioral proportionately at risk, as these problems, and other health consequences due groups are more likely to live in older The Home Lead Safety Tax Credit to lead-poisoning. Act of 2005 would help homeowners housing with poor building mainte- SEC. 2. HOME LEAD HAZARD REDUCTION ACTIV- nance, where the risk of lead paint haz- make over 80,000 homes each year safe ITY TAX CREDIT. ards are greater. Low-income children from lead, which is more than 10 times (a) IN GENERAL.—Subpart B of part IV of are eight times more likely to develop the number of homes made lead safe by subchapter A of chapter 1 of the Internal lead poisoning than more affluent chil- current Federal programs. It would Revenue Code of 1986 (relating to foreign tax dren, and African-American and Mexi- greatly accelerate our progress in rid- credit, etc.) is amended by adding at the end can-American children are five and two ding our Nation of the significant prob- the following new section: times more likely, respectively, to lem of childhood lead poisoning. I ask ‘‘SEC. 30D. HOME LEAD HAZARD REDUCTION AC- TIVITY. have toxic blood lead levels than white my colleagues to join me in supporting this legislation, which will provide ‘‘(a) ALLOWANCE OF CREDIT.—There shall be children. In New York City, about 95 allowed as a credit against the tax imposed percent of children with elevated blood needed incentives for property owners to ensure that our homes are safe- by this chapter for the taxable year an levels were African American, Hispanic amount equal to 50 percent of the lead haz- or Asian. guarded against environmental hazards ard reduction activity cost paid or incurred I am glad that the U.S. Department that detrimentally affect the health by the taxpayer during the taxable year for of Health and Human Services con- and safety of our children. each eligible dwelling unit. siders lead poisoning to be a priority, I ask unanimous consent that the ‘‘(b) LIMITATION.—The amount of the credit text of the bill be printed in the and established a national goal of end- allowed under subsection (a) for any eligible RECORD. dwelling unit for any taxable year shall not ing childhood lead poisoning by 2010. There being no objection, the bill was exceed— However, Federal programs only have ordered to be printed in the RECORD, as ‘‘(1) either— resources to remove lead-based paint follows: ‘‘(A) $3,000 in the case of lead hazard reduc- hazards from less than 0.1 percent of S. 2073 tion activity cost including lead abatement the 24 million housing units that have measures described in clauses (i), (ii), (iv) Be it enacted by the Senate and House of Rep- and (v) of subsection (c)(1)(A), or these hazards. At this pace, we will not resentatives of the United States of America in ‘‘(B) $1,000 in the case of lead hazard reduc- be able to end childhood lead poisoning Congress assembled, by 3010, let alone 2010. tion activity cost including interim lead SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. control measures described in clauses (i), We will never stop childhood lead (a) SHORT TITLE.—This Act may be cited as (iii), (iv), and (v) of subsection (c)(1)(A), re- the ‘‘Home Lead Safety Tax Credit Act of poisoning unless we get lead out of the duced by 2005’’. buildings in which children live, work, ‘‘(2) the aggregate lead hazard reduction and play. In Brooklyn, more than a (b) FINDINGS.—Congress finds that: (1) Of the 98,000,000 housing units in the activity cost taken into account under sub- third of the buildings in one commu- United States, 38,000,000 have lead-based section (a) with respect to such unit for all nity have a lead-based paint hazard. paint. preceding taxable years. Parents of children with lead poisoning (2) Of the 38,000,000 housing units with lead- ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For are being told that nothing can be done based paint, 25,000,000 pose a hazard, as de- purposes of this section: until their children’s lead poisoning be- fined by Environmental Protection Agency ‘‘(1) LEAD HAZARD REDUCTION ACTIVITY COST.— comes worse. How can we ask parents and Department of Housing and Urban De- ‘‘(A) IN GENERAL.—The term ‘lead hazard to watch and wait while their sons and velopment standards, due to conditions such as peeling paint and settled dust on floors reduction activity cost’ means, with respect daughters suffer from lead poisoning and windowsills that contain lead at levels to any eligible dwelling unit— before we remove the lead from their above Federal safety standards. ‘‘(i) the cost for a certified risk assessor to homes? (3) Though the number of children in the conduct an assessment to determine the That is why today, I am proud to in- United States ages 1 through 5 with blood presence of a lead-based paint hazard, troduce the Home Lead Safety Tax levels higher than the Centers for Disease ‘‘(ii) the cost for performing lead abate- Credit Act of 2005 with my colleagues, Control action level of 10 micrograms per ment measures by a certified lead abatement supervisor, including the removal of paint Senators DEWINE, OBAMA, and SMITH. deciliter has declined to 300,000, lead poi- and dust, the permanent enclosure or encap- This legislation would provide a tax soning remains a serious, entirely prevent- able threat to a child’s intelligence, behav- sulation of lead-based paint, the replacement credit to aide and encourage home- ior, and learning. of painted surfaces, windows, or fixtures, or owners and landlords to engage in the (4) The Secretary of Health and Human the removal or permanent covering of soil safe removal of lead-based paint haz- Services has established a national goal of when lead-based paint hazards are present in ards from their homes and rental units. ending childhood lead poisoning by 2010. such paint, dust, or soil, Specifically, it would change the IRS (5) Current Federal lead abatement pro- ‘‘(iii) the cost for performing interim lead Code of 1986 to provide a tax credit for grams, such as the Lead Hazard Control control measures to reduce exposure or like- 50 percent of the allowable costs paid Grant Program of the Department of Hous- ly exposure to lead-based paint hazards, in- cluding specialized cleaning, repairs, mainte- by the taxpayer, up to a maximum of ing and Urban Development, only have re- sources sufficient to make approximately nance, painting, temporary containment, on- $3000 and $1000 for lead abatement and 7,000 homes lead-safe each year. In many going monitoring of lead-based paint haz- interim control measures, respectively. cases, when State and local public health de- ards, and the establishment and operation of Interim control measures, which can partments identify a lead-poisoned child, re- management and resident education pro- include replacement of windows, spe- sources are insufficient to reduce or elimi- grams, but only if such measures are evalu- cialized maintenance, safe repainting nate the hazards. ated and completed by a certified lead abate- and renovation work practices to (6) Old windows typically pose significant ment supervisor using accepted methods, are eliminate lead hazards, are a cost-ef- risks because wood trim is more likely to be conducted by a qualified contractor, and painted with lead-based paint, moisture have an expected useful life of more than 10 fective means of protecting the largest causes paint to deteriorate, and friction gen- years, number of children in the near term. erates lead dust. The replacement of old win- ‘‘(iv) the cost for a certified lead abate- While total elimination of lead paint in dows that contain lead based paint signifi- ment supervisor, those working under the housing is the most desirable, interim cantly reduces lead poisoning hazards in ad- supervision of such supervisor, or a qualified control measures typically cost three dition to producing significant energy sav- contractor to perform all preparation, clean- to nine times less and can be equally ings. up, disposal, and clearance testing activities effective at removing the lead hazard. (7) Childhood lead poisoning can be dra- associated with the lead abatement measures The credit is targeted to homes that matically reduced by the abatement or com- or interim lead control measures, and contain children less than 6 years of plete removal of all lead-based paint. Empir- ‘‘(v) costs incurred by or on behalf of any ical studies also have shown substantial re- occupant of such dwelling unit for any relo- age or a woman of childbearing age, ductions in lead poisoning when the affected cation which is necessary to achieve occu- low-income residents, and to buildings properties have undergone so-called ‘‘interim pant protection (as defined under section built before 1960, as these include more control measures’’ that are far less costly 35.1345 of title 24, Code of Federal Regula- than 96 percent of all units where lead- than abatement. tions).

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13381 ‘‘(B) LIMITATION.—The term ‘lead hazard ‘‘(i) the documentation described in sub- provisions within the Medicaid Pro- reduction activity cost’ does not include any paragraph (A), gram that devote special attention to cost to the extent such cost is funded by any ‘‘(ii) documentation of the lead hazard re- Native Americans, the Indian Health grant, contract, or otherwise by another per- duction activity costs paid or incurred dur- Service, IHS, tribal health organiza- ing the taxable year with respect to the eli- son (or any governmental agency). tions, and urban Indian health organi- ‘‘(2) ELIGIBLE DWELLING UNIT.— gible dwelling unit, and ‘‘(A) IN GENERAL.—The term ‘eligible dwell- ‘‘(iii) a statement certifying that the zations. These provisions would: ing unit’ means, with respect to any taxable dwelling unit qualifies as an eligible dwell- No. 1, codify protections that Amer- year, any dwelling unit— ing unit for such taxable year. ican Indians and Alaska Natives have ‘‘(i) placed in service before 1960, ‘‘(9) BASIS REDUCTION.—The basis of any obtained over the years in the Medicaid ‘‘(ii) located in the United States, property for which a credit is allowable program, such as the requirement that ‘‘(iii) in which resides, for a total period of under subsection (a) shall be reduced by the states consult with tribes and tribal not less than 50 percent of the taxable year, amount of such credit (determined without health organizations prior to seeking a at least 1 child who has not attained the age regard to subsection (d)). federal Medicaid waiver; of 6 years or 1 woman of child-bearing age, ‘‘(10) NO DOUBLE BENEFIT.—Any deduction No. 2, clarify that American Indians and allowable for costs taken into account in and Alaska Natives are not subject to ‘‘(iv) each of the residents of which during computing the amount of the credit for lead- based paint abatement shall be reduced by additional cost sharing or benefit limi- such taxable year has an adjusted gross in- tations within Medicaid that will re- come of less than 185 percent of the poverty the amount of such credit attributable to line (as determined for such taxable year in such costs. sult in nothing more than a cost-shift accordance with criteria established by the ‘‘(d) LIMITATION BASED ON AMOUNT OF from the Medicaid program to IHS or Director of the Office of Management and TAX.—The credit allowed under subsection tribal health providers; Budget). (a) for the taxable year shall not exceed the No. 3, codify critically important ‘‘(B) DWELLING UNIT.—The term ‘dwelling excess of— provisions that provide protections unit’ has the meaning given such term by ‘‘(1) the sum of the regular tax liability (as against states or the federal govern- section 280A(f)(1). defined in section 26(b)) plus the tax imposed ment taking Indian property or tribal by section 55, over ‘‘(3) LEAD-BASED PAINT HAZARD.—The term lands in exchange for medical services ‘lead-based paint hazard’ has the meaning ‘‘(2) the sum of the credits allowable under subpart A and sections 27, 29, 30, 30A, 30B, delivered through Medicaid; and, given such term by section 745.61 of title 40, No. 4, eliminate certain inequities Code of Federal Regulations. and 30C for the taxable year. such as the lack of 100 percent federal ‘‘(4) CERTIFIED LEAD ABATEMENT SUPER- ‘‘(e) CARRYFORWARD ALLOWED.— VISOR.—The term ‘certified lead abatement ‘‘(1) IN GENERAL.—If the credit amount al- matching payments within Medicaid supervisor’ means an individual certified by lowable under subsection (a) for a taxable for care delivered to Native Americans the Environmental Protection Agency pursu- year exceeds the amount of the limitation at urban Indian health clinics. ant to section 745.226 of title 40, Code of Fed- under subsection (d) for such taxable year American Indians and Alaska Natives eral Regulations, or an appropriate State (referred to as the ‘unused credit year’ in continue to suffer enormous disparities agency pursuant to section 745.325 of title 40, this subsection), such excess shall be allowed in the health and medical care they re- Code of Federal Regulations. as a credit carryforward for each of the 20 ceive. It should not come as a surprise ‘‘(5) CERTIFIED INSPECTOR.—The term ‘cer- taxable years following the unused credit year. to anyone at the Federal level that tified inspector’ means an inspector certified health care funding for American Indi- by the Environmental Protection Agency ‘‘(2) RULES.—Rules similar to the rules of pursuant to section 745.226 of title 40, Code of section 39 shall apply with respect to the ans and Alaska Natives, AI/AN, is well Federal Regulations, or an appropriate State credit carryforward under paragraph (1).’’. below what it should be and, con- agency pursuant to section 745.325 of title 40, (b) CONFORMING AMENDMENTS.— sequently, Native Americans received Code of Federal Regulations. (1) Section 1016(a) of the Internal Revenue rationed health care services that deny ‘‘(6) CERTIFIED RISK ASSESSOR.—The term Code of 1986 is amended by striking ‘‘and’’ in them access to the quality and medi- ‘certified risk assessor’ means a risk assessor paragraph (36), by striking the period and in- cally necessary health care services. certified by the Environmental Protection serting ‘‘, and’’ in paragraph (37), and by in- However, year after year, budget and serting at the end the following new para- Agency pursuant to section 745.226 of title 40, appropriations amendments are offered Code of Federal Regulations, or an appro- graph: ‘‘(38) in the case of an eligible dwelling to more fully fund health care for Na- priate State agency pursuant to section tive Americans but both the adminis- 745.325 of title 40, Code of Federal Regula- unit with respect to which a credit for any tions. lead hazard reduction activity cost was al- tration and Congress routinely fail to ‘‘(7) QUALIFIED CONTRACTOR.—The term lowed under section 30D, to the extent pro- provide adequate funding. The result is ‘qualified contractor’ means any contractor vided in section 30D(c)(9).’’. a continued and growing divide be- who has successfully completed a training (2) The table of sections for subpart B of tween the health of American Indians course on lead safe work practices which has part IV of subchapter A of chapter 1 of such and Alaska Natives compared to that been approved by the Department of Housing Code is amended by inserting after the item of the general population. and Urban Development and the Environ- relating to section 30C the following new The U.S. Commission on Civil Rights, item: mental Protection Agency. USCCR, held meetings in Albuquerque, ‘‘(8) DOCUMENTATION REQUIRED FOR CREDIT ‘‘Sec. 30D. Home lead hazard reduction ac- NM, and visited the Gallup Indian Med- ALLOWANCE.—No credit shall be allowed tivity.’’. ical Center in 2003 as part of a fact- under subsection (a) with respect to any eli- (c) EFFECTIVE DATE.—The amendments gible dwelling unit for any taxable year un- made by this section shall apply to lead haz- finding mission to review the current less— ard reduction activity costs incurred after disparities in the health status and ‘‘(A) after lead hazard reduction activity is December 31, 2005, in taxable years ending outcomes of Native Americans. What complete, a certified inspector or certified after that date. they found served as a basis for the re- risk assessor provides written documenta- lease of their report in September 2004 tion to the taxpayer that includes— By Mr. BINGAMAN (for himself, entitled Broken Promises: Evaluating ‘‘(i) evidence that— Mr. BAUCUS, Mr. DORGAN, Mrs. the Native American Health Care Sys- ‘‘(I) the eligible dwelling unit passes the MURRAY, Ms. CANTWELL, and tem. The opening line in that report clearance examinations required by the De- Mr. JOHNSON): reads, ‘‘Today, in Indian Country, partment of Housing and Urban Development S. 2074. A bill to amend title XIX of under part 35 of title 40, Code of Federal Reg- health-related problems and the lack of ulations, the Social Security Act to provide for adequate health care are the enemy.’’ ‘‘(II) the eligible dwelling unit does not fair treatment of services furnished to This is in large part due to the fact contain lead dust hazards (as defined by sec- Indians under the medicaid program, that the IHS operates on just 57 per- tion 745.227(e)(8)(viii) of such title 40), or and for other purposes; to the Com- cent of the budget it needs and had ‘‘(III) the eligible dwelling unit meets lead mittee on Finance. more than $3 billion in unmet needs in hazard evaluation criteria established under Mr. BINGAMAN. Mr. President, I am 2003. USCCR cites estimates by the De- an authorized State or local program, and pleased to be introducing the Indian partment of Health and Human Serv- ‘‘(ii) documentation showing that the lead Medicaid Health Act of 2005 with Sen- ices, HHS, that per capita health hazard reduction activity meets the require- ments of this section, and ators BAUCUS, DORGAN, MURRAY, CANT- spending for all Americans at $4,065, ‘‘(B) the taxpayer files with the appro- WELL and JOHNSON. while IHS spent about $1,914 per person priate State agency and attaches to the tax This legislation addresses a number and average spending on Navajo pa- return for the taxable year— of technical but critically important tients is just $1,187.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13382 CONGRESSIONAL RECORD — SENATE November 18, 2005 The USCCR adds, ‘‘In fact, the fed- legislation continues to be bottled up With regard to that requirement, eral government spends nearly twice as in the Congress and has not even been however, the U.S. Commission on Civil much money for a federal prisoner’s reintroduced in the House of Rep- Rights adds, ‘‘. . . Congress included health care than it does for an Amer- resentatives. language to articulate the express in- ican Indian or Alaska Native.’’ As a member of the Senate Finance tent that increased collections not be Consequently and not surprisingly, Committee, one area that I have been used to justify lower appropriations this disparity in funding translates able to focus on in recent years is to levels. Congress has failed to abide by into severe health disparities for Na- improve coverage for Native Americans this clear mandate. Only enhanced col- tive Americans. For example, life ex- in both Medicare and Medicaid. I was lection efforts have made up for short- pectancy is 6 years less than the rest of able to pass legislation, the Native falls created by inflation and popu- the U.S. citizens. Tuberculosis rates American Breast and Cervical Cancer lation growth, and prevented a contin- are four times the national average. Treatment Technical Amendment Act uous decline from 1991 until today.’’ Complications due to diabetes are al- of 2001 or Public Law 107–121, to correct Growth in Medicaid collections has most three times the national average problems whereby Native American been used to partially offset the dra- and death rates exceed the Healthy women had previously been wrongly matic decline in IHS purchasing power People 2010 targets by 233 percent. In- denied coverage under Medicaid’s over the years, despite the Federal pro- fant mortality rates are 1.7 times high- breast and cervical cancer treatment vision stating that such revenues er than the rate for white infants. option. After a year of work, we were should not reduce overall IHS spend- In recognition of these facts, the Na- able to pass legislation to correct that ing. tional Indian Health Board has said, outrageous and discriminatory error. The U.S. Commission on Civil Rights ‘‘The travesty in looking at the deplor- I was also able to pass two provisions noted that ‘‘ . . . collections from third able health of American Indians and in 2003 from my bill, the Medicare In- parties increased 453 percent from 1991 Alaska Natives is recognizing that the dian Health Fairness Act of 2003, that to 2003.’’ Without that increase, the poor health indicators could be im- expanded reimbursement to IHS and fate of IHS and health care services for tribal health providers for all Medicare proved if funding was available to pro- Native Americans would even be more Part B services and limited the amount severe. vide even a basic level of care.’’ According to the Government Ac- The U.S. Commission on Civil Rights that providers outside the IHS system countability Office, GAO, in its August adds, ‘‘In this light, this report should can charge for services delivered to Na- tive Americans through the contract 2005 report entitled ‘‘Indian Health be considered a clarion call to those health services, CHS, program. As with Service: Health Care Services Are Not who inexplicably fail to acknowledge anything related to Native Americans Always Available to Native Ameri- the present state of Native American in this Administration, the Depart- cans’’, ‘‘In fiscal year 2004, IHS-funded health care and to those who lack a ment of Health and Human Services, facilities obtained approximately $628 commitment necessary to address the HHS, continues to fail to publish regu- million in reimbursements, with 92 per- overwhelming need for clear and deci- lations necessary to implement the lat- cent collected from Medicare and Med- sive action. Such a call is certainly ap- ter provision, even though the law re- icaid and 8 percent from private insur- propriate for our political leadership quired publishing of those regulations ance.’’ and the message is clear—it is finally in December 2004. Medicaid collections, alone, have by time to honor our nation’s commit- Although most involved in Indian 2004 ‘‘grown to $446 million, which is 71 ment to protecting the health of Na- health feel frustrated and argue that percent of the total third party collec- tive Americans.’’ we are taking one step forward and two tions reported by IHS In FY 2004, . . . Such an agenda is actually a fairly steps back with respect to Indian Medicaid collections provided about simple one. It would include: health care policy, it is in the area of 16.8 percent of the IHS budget for clin- No. 1, full funding for the Indian Medicare, Medicaid and the State Chil- ical services,’’ according to Dixon and Health Service and tribal health orga- dren’s Health Insurance Program, Locke. nizations, which should include conver- SCHIP, policy that we have been mak- Consequently, the administration’s sion of IHS into an entitlement pro- ing some progress. The legislation I am own congressional justification docu- gram; introducing today, the Medicaid Indian ment for its IHS budget proposes just a No. 2, increased numbers and funding Health Care Act of 2005, seeks to pro- 2.1-percent increase, or $62.9 million, in of urban Indian health organizations; tect the gains that have been made and additional IHS funding in fiscal year No. 3, reauthorization of the Indian to take another few steps forward. 2006 while noting that the IHS will in- Health Care Improvement Act; For one, while IHS funding continues crease their Medicare and Medicaid No. 4, coverage of as many American to fall further and further behind what collections by another $8.4 million in Indians and Alaska Natives who qual- is needed, the one bright spot is that fiscal year 2006. The Northwest Port- ify for federal health programs, such as collections from third party payers has land Area Indian Health Board esti- Medicare and Medicaid, as possible to increased over time with Medicaid mates it will take $371 million to main- ensure they are enrolled and receiving playing a fundamental role in that tain current services for IHS and trib- benefits in order to augment funding to growth. ally operated health programs. There- IHS facilities; and, IHS was first authorized to seek Med- fore, the administration’s ridiculously No. 5, targeted efforts to address icaid payment for services delivered in low proposed increase for IHS com- health disparities in Indian Country, Indian health facilities, whether oper- bined with their estimated increase in such as diabetes. ated by the IHS directly or by tribes as Medicare and Medicaid collections will For this reason, I strongly support part of the Indian Health Care Im- still fall $300 million short of providing the annual budget and appropriations provement Act of 1976 or Public Law current services. efforts, which have been led by Senator 94–437. Whether intentional or not, as direct Daschle in the past and Senator DOR- As Indian health experts Mim Dixon IHS funding continues to fail to cover GAN this year, to increase funding for and Kris Locke said, ‘‘This entitlement inflation or population growth year the Indian Health Service. Unfortu- funding was expected to provide crit- after year, Medicaid collections are nately, those efforts continue to be ical resources to improve the quality of now a growing and critical component voted down in the Congress. health care for AI/AN and to reduce the to providing basic health care services I also strongly support reauthoriza- health status disparities. To support by IHS and tribal health organizations. tion of the Indian Health Care Im- this outcome, there is an additional Yet, while Medicaid has become criti- provement Act, IHCIA, which is led by provision in the IHCIA that Medicaid cally important to the health of Amer- Senators MCCAIN and DORGAN. This ef- and Medicare revenues shall not offset ican Indians and Alaska Natives, Na- fort has been ongoing for 6 years and it Congressional appropriations for the tive Americans constitute a small is long past time for the Congress to IHS, so that the total amount of fund- share of overall Medicaid costs. As the take up and pass IHCIA. Unfortunately, ing for Indian health care would in- Northwest Portland Area Indian due to continued opposition to certain crease and not merely be shifted from Health Board has found, Medicaid ac- provisions by the administration, the one funding stream to another.’’ counts for almost 20 percent of the IHS

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13383 budget but less than 0.5 percent of Med- achieved in the Indian health system In light of the failure of the NGA to icaid expenditures go to Indian health. and actually acts to further deplete consider the special circumstances of Consequently, the legislation I am funding.’’ American Indians and Alaska Natives introducing today with Senators Bau- Put simply, added copayments in with respect to Medicaid policy, sec- cus, Dorgan, Murray, Cantwell, and Medicaid would result in the unin- tion 5 of the legislation recognizes the Johnson entitled the ‘‘Medicaid Indian tended effect of shifting Medicaid costs Federal trust responsibility and re- Health Act of 2005’’ is primarily an at- directly upon the already horribly un- quires the Secretary, prior to the ap- tempt to prevent the Federal Govern- derfunded IHS system. In other words, proval of any State Medicaid waivers, ment and States from inflicting harm the imposition of consumer cost-shar- to assure that there has been consulta- on the health and well-being of Amer- ing provisions by Medicaid on Native tion with tribes whose members or ican Indians and Alaska Natives, but it American populations would effec- tribal health programs could be ad- also seeks to take a few steps forward tively reduce the level and quality of versely affected by the waiver. Other- as well. health care services in Indian commu- wise, the current waiver process can re- What is at stake? First, from the ‘‘do nities. sult in the approval of waivers that no harm’’ prescriptive, both the Na- With respect to benefit flexibility as may include reductions in Medicaid eli- tional Governors’ Association, NGA, proposed by NGA and adopted in the gibility, benefits and/or reimbursement and the House of Representatives budg- House budget reconciliation package, or increases in cost sharing that can et reconciliation legislation con- according to Schneider, ‘‘The effect of have a negative impact on Native template major changes to the Med- reducing Medicaid coverage will be to Americans or tribal health programs. icaid program to achieve $10 billion or reduce Medicaid revenues to the I/T/U In short, sections 3, 4, 5, and 8 seek to more in proposed budget cuts to Med- providers that furnish covered services adopt a policy of ‘‘do no harm’’ by pre- icaid and Medicare. Unfortunately, it is to this population. Services for which venting changes in Medicaid policy clear that neither the NGA nor the the I/T/U could previously collect Med- from having negative consequences for House of Representatives considered icaid revenues will no longer be Native Americans. Meanwhile, sections reimburseable because the patient is no the tremendous impact that the cuts 2, 6, and 7 in the bill seek to make longer eligible for Medicaid.’’ some additional progress on behalf of they are proposing will have on the To address these concerns, the North- Native Americans through the Med- health and well-being of Native Ameri- west Portland Area Indian Health icaid Program. cans across this Nation. Board has recommended, ‘‘The Med- Foremost among those provisions in For example, both the NGA and the icaid program could be a more effective section 2, which provides for 100 per- House budget reconciliation package means of financial Indian health pro- cent Federal Medicaid matching funds provide for States being able to impose grams if it would exempt American In- for services delivered to AI/AN Med- additional premiums, copayments, and dians and Alaska Natives from cost icaid beneficiaries at urban Indian other forms of cost-sharing on low-in- sharing including co-pays, premiums health programs. Although the Med- come Medicaid beneficiaries, including and any form of cost sharing. It makes icaid statute currently provides for 100 Native Americans. Such changes can little sense to Indian people to sign up percent Federal Medicaid matching have enormous consequences for AI/ for a health program that charges funds for Medicaid services delivered to ANs as well as the Indian Health Serv- them for health care services that their AI/ANs through IHS facilities and a ice, tribal, and urban Indian, I/T/U pro- tribe gave up lands and others consid- subsequent Memorandum of Agree- viders from whom many Native Ameri- erations to secure for all generations. ment, MOA, in 1996 clarified those pay- cans receive health services. The practical effect is that they will ments also apply to services provided As Andy Schneider of Medicaid Pol- not sign up for Medicaid and the IHS through tribally owned facilities, the icy, LLC, stated at a meeting in Au- funded programs will end up paying all 100 Percent Federal Medical Assistance gust of this year on Medicaid and In- the costs of their health care. If this Percentage, FMAP, does not apply to dian health care, ‘‘Regrettably, the becomes the case, CMS will save the urban Indian clinics. NGA recommendations [which have federal government millions of dollars, In short, if an AI/AN Medicaid bene- been adopted as part of the House but renege on rights guaranteed by law ficiary received services from an IHS budget reconciliation package] could and treaties.’’ or tribal facility, the Federal Govern- well make matters even worse for AI/ In order to address these important ment is paying 100 percent of the cost, ANs and the I/T/U providers that serve points, one need look no further than but if the same individual received the them. The NGA proposal to increase the State Children’s Health Insurance same services from an urban Indian beneficiary cost-sharing could impose Program, SCHIP, rules and regula- health program funded by the IHS, the additional financial burdens on IHS tions. As Schneider adds, ‘‘Federal reg- Federal Government shifts part of the and tribal health budgets. The NGA ulations prohibit states from imposing costs of that care to the State in pro- proposal for more benefits package premiums, deductibles, coinsurance, or portion to the State’s share of the ‘flexibility’ could result in significant copayments or AI/AN children enrolled FMAP. There is no justification for reimbursement losses to I/T/U pro- in their SCHIP programs. There is no this cost shift. Just as IHS and tribal viders.’’ comparable regulatory protection for facilities are part of the I/T/U delivery How would this occur? With respect AI/AN children or adults enrolled in system for Native Americans, so are to additional cost sharing, evidence Medicaid.’’ urban Indian health programs and, as shows that additional cost sharing ei- Consequently, to prevent harm to the part of the ‘‘Federal trust responsi- ther results in reduced use of medical health and well-being of Native Ameri- bility,’’ States should not be required services, which could result in further cans, section 3 of the Medicaid Indian to subsidize any element of this sys- a decline in the health status of AI/ Health Act of 2005 would explicitly pro- tem. ANs, or that the I/T/U providers will hibit imposing such things as pre- Section 6 of the legislation would pick up the added cost sharing burden. miums or other forms of cost sharing simply ensure that I/T/U providers that As Schneider points out, ‘‘These costs on Native Americans within Medicaid, do not have the status of federally include not only the amounts of the co- just as SCHIP already does. Section 4 qualified health centers, FQHCs, re- payments and deductibles but also the adds a prohibition on the recovery of ceive the same level of reimbursement administrative expense of processing the estates of AI/AN Medicaid bene- from Medicaid managed care organiza- them and tracking the cumulative out- ficiaries or tribal property by States tions, MCOs, as they would if they were of-pocket payments, particularly if the through the Medicaid Program. Fur- a FQHC. If Medicaid MCOs are contin- services subject to cost-sharing are de- thermore, section 8 of the legislation ued to be allowed to pay I/T/U pro- livered by a non-I/T/U provider.’’ allows States to include special provi- viders less for the same services that Even if you subscribe to the ideology sions exempting Native Americans they pay other network providers, the that Medicaid beneficiaries should pay from additional cost sharing or from I/T/U providers will, effectively, be sub- more for their health care, as Dixon benefit reductions in recognition of the sidizing the MCO or other network pro- and Locke point out, ‘‘The intended special circumstances of Native Ameri- viders, which is not an appropriate use outcome of enrollee cost sharing is not cans in the Medicaid Program. of limited federal IHS resources.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13384 CONGRESSIONAL RECORD — SENATE November 18, 2005 And finally, section 7 of the Medicaid the right vehicle but that we should S. 2074 Indian Health Act of 2005 ensures that look to the reauthorization bill for the Be it enacted by the Senate and House of Rep- IHS spending on behalf of a Native Indian Health Care Improvement Act resentatives of the United States of America in American does not disqualify them for to attach these provisions instead. Congress assembled, Medicaid coverage under the ‘‘medi- Two days later, on October 27, 2005, SECTION 1. SHORT TITLE. cally needy option.’’ Current policy the Committee on Indian Affairs took This Act may be cited as the ‘‘Medicaid In- prohibits such care from counting to- up and passed S. 1057, the Indian Health dian Health Act of 2005’’. ward the ‘‘spend down’’ requirements Care Improvement Act Amendments of SEC. 2. APPLICATION OF 100 PERCENT FMAP FOR for qualifying as ‘‘medically needy’’ in SERVICES FURNISHED TO AN IN- 2005, but did not include any of the DIAN BY AN URBAN INDIAN HEALTH Medicaid. Receiving services at an IHS Medicaid provisions I have been dis- PROGRAM. facility should certainly not disqualify cussing as part of this bill. They were (a) IN GENERAL.—The third sentence of sec- anybody from Medicaid coverage and, told that inclusion of Medicaid provi- tion 1905(b) of the Social Security Act (42 once again, IHS should not be sub- sions within IHCIA was objected to by U.S.C. 1396d(b)), is amended by inserting be- sidizing the Medicaid program. both the administration and the Sen- fore the period at the end the following: ‘‘, or In total, the provisions in the Med- ate Finance Committee. However, in through an urban Indian health program re- ceiving funds under title V of the Indian icaid Indian Health Act of 2005 might light of the Senate Finance Commit- at first glance appear to be a hodge Health Care Improvement Act’’. tee’s failure to take up the amendment (b) CONFORMING AMENDMENT.—Section podge set of provisions related to both earlier this month, another possible ve- Medicaid and Indian health. However, 1911(c) of such Act (42 U.S.C. 1396j(c)), is hicle should be the reauthorization bill amended by inserting ‘‘, or through an urban they are not. They reflect a concerted for the Indian Health Care Improve- Indian health program receiving funds under effort on behalf of Native American ment Act when it comes to the Senate title V of the Indian Health Care Improve- people to protect the gains that have floor. ment Act’’ after ‘‘facilities’’. already been made within the Medicaid And finally, if we fail to get these SEC. 3. PROHIBITION ON IMPOSITION OF PRE- Program for American Indians and MIUMS, DEDUCTIBLES, COPAY- Alaska Natives and the need to make provisions included in either of those MENTS, AND OTHER COST-SHARING additional strides to improve the deliv- legislative vehicles, we will push to get ON INDIANS. ery of health services throughout to the Medicaid Indian Health Act of 2005 Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended— Native people, including those in urban passed as a free standing piece of legis- lation. Medicaid has become such a (1) in subsection (a)(3), by inserting ‘‘(other areas, through Medicaid. than such individuals who are Indians (as de- Furthermore, this is just the first in crucial and necessary piece in main- taining and improving the health and fined in section 4 of the Indian Health Care a series of bills addressing Indian Improvement Act)’’ after ‘‘other such indi- issues within the Medicaid and Medi- well-being of American Indians and viduals’’; care Programs. The next two will Alaska Natives that it is unacceptable (2) in subsection (b), in the matter pre- focus, respectively, on improving the that the various Senate committees ceding paragraph (1), by inserting ‘‘or who Medicare Program and fixing problems point to each other as being in charge are Indians (as defined in section 4 of the In- with respect to the Medicare prescrip- while not taking the necessary respon- dian Health Care Improvement Act)’’ after sibility to get this important protec- ‘‘section 1902(a)(10)’’; and tion drug program for Native Ameri- (3) in subsection (c)(1), by inserting ‘‘(other cans and Indian health providers. tions for Native Americans passed into law. than such an individual who is an Indian (as As part of the Indian Health Care Im- defined in section 4 of the Indian Health Care provement Act of 1976 report, the Con- The Federal Government and the Improvement Act))’’ after ‘‘section gress said, ‘‘The most basic human States also point figures at each other 1902(l)(1)’’. right must be the right to enjoy decent as to who is in charge. As Jim Crouch, SEC. 4. PROHIBITION ON RECOVERY AGAINST ES- health. Certainly, any effort to fulfill executive director of the California TATES OF INDIANS. Federal responsibilities to the Indian Rural Indian Health Board, has said, Section 1917(b)(1) of the Social Security people must begin with the provision of ‘‘The joint operation of the Medicaid Act (42 U.S.C. 1396p(b)(1)) is amended, in the health services. In fact, health services program by federal and state authori- matter preceding subparagraph (A), by in- must be the cornerstone upon which serting ‘‘ who is not an Indian (as defined in ties often ignores the governmental section 4 of the Indian Health Care Improve- rest all the other Federal programs for status of Tribes and the unique needs ment Act)’’ after ‘‘an individual’’ the second the benefit of Indians. Without a prop- of Tribal citizens. It is always appro- place it appears. er health status, the Indian people will priate for the federal government to es- SEC. 5. REQUIREMENT FOR CONSULTATION WITH be unable to fully avail themselves of tablish special provisions that are in INDIAN TRIBES PRIOR TO AP- the many economic, educational, and the best interest of Tribes and Amer- PROVAL OF SECTION 1115 WAIVERS. social programs already directed to ican Indians due to the governmental Section 1115 of the Social Security Act (42 them or which this Congress and future status of federally recognized tribes.’’ U.S.C. 1315) is amended by adding at the end Congresses will provide them.’’ the following: Mr. President, it is well past time to ‘‘(g) In the case of an application for a The Federal Government has a ‘‘Fed- enact legislative initiatives such as the eral trust responsibility’’ to Indian waiver of compliance with the requirements Medicaid Indian Health Act of 2005 and of section 1902 (or a renewal or extension of people that it is simple not fulfilling. reauthorization of IHCIA. Years of bro- such a waiver) that is likely to affect mem- This administration and this Congress ken promises to Indian Country must bers of an Indian tribe (as defined in section can and simply must do better. Part of come to an end. Passage of the provi- 4 of the Indian Health Care Improvement that multipronged agenda should in- sions in both the Medicaid Indian Act) or a tribal health program (whether op- clude passage of the Medicaid Indian erated by an Indian tribe or a tribal organi- Health Act of 2005 and IHCIA reauthor- zation (as so defined) serving such members, Health Act of 2005. ization are just two of the pieces that This could occur in a variety of ways. the Secretary shall, prior to granting such a the Federal Government must take in First, the provision from this bill could waiver under subsection (a) or renewing or order to fulfill the Federal trust re- be incorporated in any budget rec- extending such a waiver under subsection (e), sponsibility and make real progress at consult with each such Indian tribe.’’. onciliation conference report package. providing the full array of medically Consequently, during Finance Com- SEC. 6. REQUIREMENT FOR FAIR PAYMENT BY necessary health services that have MEDICAID MANAGED CARE ENTI- mittee consideration of the Senate’s been long promised to American Indi- TIES TO INDIAN HEALTH PROGRAM version of the budget reconciliation PROVIDERS. ans. package on October 25, 2005, I offered Section 1903(m)(2)(A)(ii) of the Social Secu- an amendment that included a number I ask unanimous consent that the rity Act (42 U.S.C. 1396b(m)(2)(A)(ii)) is of the provisions from this bill. Oppo- text of the bill and a fact sheet describ- amended to read as follows: nents of the amendment, which failed ing the various provisions in the bill be ‘‘(ii) such contract provides, in the case of printed in the RECORD. entity that has entered into a contract for on a 9-to-11 party-line vote with Demo- the provision of services with a facility or crats in favor and Republicans oppos- There being no objection, the mate- program of the Indian Health Service, ing it, argued at the time that the rial was ordered to be printed in the whether operated by the Service or an Indian budget reconciliation package was not RECORD, as follows: tribe or tribal organization (as defined in

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13385 section 4 of the Indian Health Care Improve- The provisions within this legislation are quirements on certain services with respect ment Act) or an urban Indian health pro- as follows: to certain populations. Any cost-sharing im- gram receiving funds under title V of the In- SEC. 2. 100% FMAP FOR SERVICES TO AI/AN MED- posed must be ‘‘nominal’’ in amount, as de- dian Health Care Improvement Act , that is ICAID PATIENTS OF URBAN INDIAN HEALTH fined in federal regulations. States are pro- not a Federally-qualified health center or a PROGRAMS hibited from imposing any cost-sharing, rural health clinic, that the entity shall pro- Current Law nominal or otherwise, on certain services vide payment that is not less than the high- The cost of covered services to AI/AN Med- (e.g., emergency services and family plan- est level and amount of payment that the en- icaid beneficiaries is matched by the federal ning services and supplies) and certain popu- tity would make for the services if the serv- government at a 100% rate if the services are lations (e.g., children under 18). In contrast, ices were furnished by a provider that is not received through an IHS facility, whether State SCHIP programs are prohibited by reg- a facility or program of the Indian Health operated by the IHS or a tribe or tribal orga- ulation from imposing deductibles, copay- Service;’’. nization. However, the federal government ments, or co-insurance requirements on AI/ SEC. 7. TREATMENT OF MEDICAL EXPENSES PAID matches the cost of covered services fur- AN beneficiaries. BY OR ON BEHALF OF AN INDIAN BY nished to AI/AN Medicaid beneficiaries by Proposed Change AN INDIAN HEALTH PROGRAM AS urban Indian health programs funded by the COSTS INCURRED FOR MEDICAL Prohibit states from imposing deductibles, CARE FOR PURPOSES OF DETER- IHS only at a state’s regular federal match- copayments, or co-insurance requirements in MINING MEDICALLY NEEDY ELIGI- ing rate, which varies from 50% to 77%. any amount on AI/AN Medicaid bene- BILITY. Thus, states must pay a share of the cost of ficiaries. Section 1902(a)(17)(D) of the Social Secu- Medicaid services furnished to AI/AN bene- Justification ficiaries by urban Indian health programs. rity Act (42 U.S.C. 1396a(a)(17)(D)) is amended The Federal government, through the IHS, by inserting ‘‘or by the Indian Health Serv- Proposed Change has the responsibility for providing health ice or an Indian tribe or tribal organization Extend the 100% federal matching rate to care free of charge to AI/ANs eligible for its (as defined in section 4 of the Indian Health services received through an urban Indian services. Thus, if a state imposes Care Improvement Act)’’ after ‘‘political health program receiving funds under Title deductibles, copayments, or co-insurance re- subdivision thereof’’. V of the Indian Health Care Improvement quirements, in the case of an AI/AN bene- SEC. 8. STATE OPTION TO EXEMPT INDIANS Act. ficiary cost-sharing amount must be paid by FROM REDUCTIONS IN ELIGIBILITY Justification OR BENEFITS. the IHS or the contracting tribe from the Section 1902 of the Social Security Act (42 Under current policy, if an AI/AN Medicaid limited federal funds allocated to it. The ef- U.S.C. 1396a)) is amended by inserting after beneficiary receives covered services from an fect is to reduce the appropriated funds subsection (j) the following: IHS or tribal hospital or clinic, the federal available to the IHS or tribal facility for ‘‘(k) The Secretary shall not disapprove a government pays 100% of the cost, but if the serving patients who are eligible for IHS State plan amendment, or deny a State re- same individual receives covered services services but are not eligible for Medicaid. In quest for a waiver under section 1115 (or a re- from an urban Indian health program funded this respect, Medicaid policy should be con- newal or extension of such a waiver), on the by the IHS, the federal government shifts formed to SCHIP policy. grounds that the amendment or waiver part of the costs to the state in proportion to SEC. 4. PROHIBITING RECOVERY AGAINST THE the state’s share of Medicaid spending gen- would exempt Indians (as defined in section ESTATES OF AI/AN MEDICAID BENEFICIARIES erally. There is no principled justification 4 of the Indian Health Care Improvement Current Law Act) eligible for medical assistance from— for this cost shift. Just as IHS and tribal fa- cilities receive IHS funds, so do urban Indian States are required to recover from the es- ‘‘(1) any restriction on eligibility for med- tates of deceased Medicaid beneficiaries the ical assistance under this title that would health programs. The urban Indian health programs are part of the same ‘‘I/T/U’’ deliv- costs of long-term care services (nursing fa- otherwise apply under the amendment or cility services, home and community-based waiver; ery system as are IHS and tribal facilities. States should not be required to subsidize services, and related hospital services and ‘‘(2) any imposition of premiums, any element of this system. prescription drugs) paid for by Medicaid deductibles, copayments, or other cost-shar- SEC. 3. PROHIBITING IMPOSITION OF MEDICAID when the individual was age 55 or over. The ing that would otherwise apply under the state may not recover against an individ- amendment or waiver; or PREMIUMS ON AI/AN MEDICAID BENEFICIARIES Current Law ual’s estate until the death of any surviving ‘‘(3) any reduction in covered services or spouse and so long as there is not a child State Medicaid programs are allowed to supplies that would otherwise apply under under 21 or an adult child who is blind or dis- impose premiums only on certain categories the amendment or waiver.’’. abled. Under federal administrative guid- of Medicaid beneficiaries—principally those SEC. 9. EFFECTIVE DATE. ance, certain AI/AN property is exempt from who qualify as ‘‘medically needy’’ by incur- (a) IN GENERAL.—Except as provided in estate recovery. subsection (b), this Act and the amendments ring high medical expenses that, when ap- made by this Act apply to items or services plied against their income, enable them to Proposed Change furnished on or after January 1, 2006. ‘‘spend down’’ into eligibility. Any premiums Exempt the property/estates of deceased (b) EXTENSION OF EFFECTIVE DATE FOR imposed on this group must be income-re- AI/AN beneficiaries from recovery for costs STATE LAW AMENDMENT.—In the case of a lated, as specified in federal regulations. In correctly paid by Medicaid. State plan under title XIX of the Social Se- contrast, State SCHIP programs are prohib- Justification curity Act which the Secretary of Health ited by regulation from imposing premiums The Federal government, through the IHS, and Human Services determines requires on AI/AN beneficiaries. has the responsibility for providing health State legislation in order for the plan to Proposed Change care to AI/ANs eligible for its services. Be- meet the additional requirements imposed Prohibit states from imposing any pre- cause the IHS, due to funding limitations, by the amendments made by a provision of miums, enrollment fees, or similar charges generally does not have the capacity to fur- this Act, the State plan shall not be regarded in any amount on AI/AN beneficiaries, re- nish long-term care services, low-income AI/ as failing to comply with the requirements gardless of the basis of eligibility for Med- ANs who are eligible for IHS services must of this Act solely on the basis of its failure icaid. turn to Medicaid for coverage for this care. to meet these additional requirements before Justification To recover Medicaid costs correctly paid the first day of the first calendar quarter be- from the estates of these individuals violates ginning after the close of the first regular The Federal government, through the IHS, has the responsibility for providing health the Federal government’s responsibility to session of the State legislature that begins them. Tribal lands and property should not after the date of enactment of this Act. For care free of charge to AI/ANs eligible for its services. Thus, if a state imposes a premium be threatened by federal or state govern- purposes of the previous sentence, in the ments. case of a State that has a 2-year legislative requirement as a condition of Medicaid en- rollment, in the case of an AI/AN the pre- SEC. 5. REQUIRING TRIBAL CONSULTATION PRIOR session, each year of the session shall be con- mium must be paid by the IHS or the con- TO APPROVAL OF SECTION 1115 WAIVERS sidered to be a separate regular session of tracting tribe from the limited federal funds the State legislature. Current Law allocated to it. The effect is to reduce the ap- Under section 1115 of the Social Security FACT SHEET—‘‘MEDICAID INDIAN HEALTH ACT propriated funds available to the IHS or trib- Act, the Secretary of HHS has the authority al facility for serving patients who are eligi- OF 2005’’ to waive certain requirements of federal ble for IHS services but are not eligible for Senators Bingaman, Baucus, Dorgan, Mur- Medicaid law to enable states to conduct Medicaid. In this respect, Medicaid policy ray, Cantwell, and Johnson are introducing demonstrations that, in his judgment, ‘‘is should be conformed to SCHIP policy. legislation entitled the ‘‘Medicaid Indian likely to assist in promoting the objectives Health Act of 2005’’ that would make tech- SEC. 3. PROHIBITING IMPOSITION OF MEDICAID of’’ the Medicaid program. Section 1115 con- nical but important changes to the Medicaid COPAYMENTS OR OTHER COST-SHARING ON AI/ tains no requirement that the Secretary con- program to address the unique issues con- AN MEDICAID BENEFICIARIES sult with Indian tribes prior to approval of fronting Native Americans and Indian Current Law Medicaid demonstration waivers that may Health Service (IHS) providers within that States Medicaid programs may impose adversely affect their members or their trib- program. deductibles, copayments, or co-insurance re- al health programs. The January 2005 HHS

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13386 CONGRESSIONAL RECORD — SENATE November 18, 2005 tribal consultation policy does not specify ‘‘medically needy’’ individuals. This, in turn, SEC. 2. DEFINITIONS. that consultation is required in these spe- results in IHS, Tribes, and tribal organiza- In this Act: cific circumstances, although the previous tions paying for services that Medicaid (1) INSTITUTION OF HIGHER EDUCATION.—The July 2001 guidance had. would otherwise cover once these individuals term ‘‘institution of higher education’’ has Proposed Change established ‘‘medically needy’’ eligibility. the meaning given that term in section 101 of Require the Secretary, prior to approval of Subsidizing Medicaid is not an appropriate the Higher Education Act of 1965 (20 U.S.C. any new section 1115 waiver or renewal of use of limited IHS and Tribal resources. 1001). any existing section 1115 waiver to consult SEC. 8. OPTION FOR STATES TO EXEMPT INDIANS (2) UNIFORMED SERVICES.—The term ‘‘uni- with tribes whose members or tribal health FROM REDUCTIONS IN ELIGIBILITY OR BENEFITS formed services’’ has the meaning given that programs could be affected by the waiver. Current Law term in section 101(a) of title 10, United States Code. Justification CMS policy has been to acknowledge the SEC. 3. RESTORATION OF STATE OPTION TO DE- Section 1115 waivers are commonly nego- federal government’s unique responsibilities TERMINE RESIDENCY FOR PUR- tiated by the Secretary (acting through under the trust obligation and to take into POSES OF HIGHER EDUCATION BEN- CMS) and the Governor of the state seeking account special circumstances of American EFITS. the waiver (through his Medicaid or Budget Indians and Alaska Natives in Medicaid and (a) IN GENERAL.—Section 505 of the Illegal director). Affected Indian tribes have no for- SCHIP programs. As such, states have his- Immigration Reform and Immigrant Respon- mal role in these negotiations, even when torically been allowed to include special pro- sibility Act of 1996 (8 U.S.C. 1623) is repealed. those negotiations result in reductions in visions with respect to Tribes and Indian (b) EFFECTIVE DATE.—The repeal under Medicaid eligibility, benefits, and/or reim- people in their Medicaid and SCHIP pro- subsection (a) shall take effect as if included bursement or increases in premiums and grams. However, in 2004, CMS informed Or- in the enactment of the Illegal Immigration cost-sharing that have an adverse impact on egon and Washington that it would not ap- Reform and Immigrant Responsibility Act of tribal members or tribal health programs. prove waiver amendments containing special 1996. SEC. 6. REQUIRE FAIR PAYMENT BY MEDICAID provisions for Indian participation in the SEC. 4. CANCELLATION OF REMOVAL AND AD- MCOS TO I/T/U PROVIDERS Medicaid program. JUSTMENT OF STATUS OF CERTAIN Proposed Change LONG-TERM RESIDENTS WHO EN- Current Law TERED THE UNITED STATES AS Managed care organizations (MCOs) con- Secretary shall not disapprove a state Plan CHILDREN. tracting with Medicaid on a risk basis are re- amendment, or deny a state request for a (a) SPECIAL RULE FOR CERTAIN LONG-TERM quired to pay health care providers, whether waiver under section 1115, on the grounds RESIDENTS WHO ENTERED THE UNITED STATES in- or out-of-network, on a timely basis for that the amendment or waiver would exempt AS CHILDREN.— covered services furnished to Medicaid bene- eligible Indians (as defined in section 4 of the (1) IN GENERAL.—Notwithstanding any ficiaries. Although there are generally no Indian Health Care Improvement Act) from: other provision of law and except as other- minimum payment requirements, in the case (1) any restriction on eligibility for med- wise provided in this Act, the Secretary of of federally qualified health centers (FQHCs) ical assistance under this Title that would Homeland Security may cancel removal of, and rural health clinics (RHCs), MCOs are re- otherwise apply under the amendment or and adjust to the status of an alien lawfully quired to pay the same amount for a covered waiver; admitted for permanent residence, subject to service as they would if the provider were (2) any imposition of premiums, the conditional basis described in section 5, not an FQHC or RHC. In addition, the State deductibles, copayments or other cost-shar- an alien who is inadmissible or deportable Medicaid agency is required to pay the dif- ing that would otherwise apply under the from the United States, if the alien dem- ference, if any, between: (1) the MCO’s pay- amendment or waiver; or onstrates that— ment to the FQHC or RHC; and, (2) the pro- (3) any reduction in covered services or (A) the alien has been physically present in spective payment amount to which the supplies that would otherwise apply under the United States for a continuous period of FQHC or RHC is entitled under Medicaid law. the amendment or waiver.’’ not less than 5 years immediately preceding There is no similar protection for I/T/U pro- Justification the date of enactment of this Act, and had viders that are not FQHCs or RHCs. The federal government should continue to not yet reached the age of 16 years at the Proposed Change acknowledge the federal government’s time of initial entry; Require that MCOs to pay I/T/U providers unique responsibilities under the trust obli- (B) the alien has been a person of good that are not FQHCs or RHCs the same gation and to take into account and allow moral character since the time of applica- amount that the MCO would pay for the states to take into account the special cir- tion; same service to a non-I/T/U provider. cumstances of American Indians and Alaska (C) the alien— Justification Natives in Medicaid and SCHIP programs. (i) is not inadmissible under paragraph (2), Current law protects I/T/U providers that (3), (6)(B), (6)(C), (6)(E), (6)(F), or (6)(G) of are FQHCs or Rural Health Clinics against By Mr. DURBIN (for himself, Mr. section 212(a) of the Immigration and Na- underpayment by Medicaid MCOs. This pro- HAGEL, Mr. LUGAR, Mr. KEN- tionality Act (8 U.S.C. 1182(a)), or, if inad- vision extends some of these protections to NEDY, Mr. MCCAIN, Mr. LEAHY, missible solely under subparagraph (C) or (F) other I/T/U providers. If Medicaid MCOs are Mr. COLEMAN, Mr. LIEBERMAN, of paragraph (6) of such subsection, the alien was under the age of 16 years at the time the allowed to pay I/T/U providers less for the Mr. CRAIG, Mr. FEINGOLD, Mr. violation was committed; and same services than they pay other network DEWINE, Mr. OBAMA, and Mr. providers, the I/T/U providers will, in effect, (ii) is not deportable under paragraph CRAPO): (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), (4), or be subsidizing the MCO or other network S. 2075. A bill to amend the Illegal providers. This is not an appropriate use of (6) of section 237(a) of the Immigration and limited federal IHS resources. Immigration Reform and Immigrant Nationality Act (8 U.S.C. 1227(a)), or, if de- SEC. 7. TREATMENT OF IHS OR TRIBAL Responsibility Act of 1996 to permit portable solely under subparagraphs (C) or PAYMENTS AS INCURRED MEDICAL EXPENSES States to determine State residency for (D) of paragraph (3) of such subsection, the alien was under the age of 16 years at the Current Law higher education purposes and to au- time the violation was committed; States have the option of extending Med- thorize the cancellation of removal and adjustment of status of certain alien (D) the alien, at the time of application, icaid coverage to individuals who are ‘‘medi- has been admitted to an institution of higher cally needy’’—that is, individuals who students who are long-term United education in the United States, or has ‘‘spend-down’’ by incurring high medical ex- States residents and who entered the earned a high school diploma or obtained a penses that, when subtracted from their in- United States as children, and for general education development certificate in comes, reduce their incomes to below the other purposes; to the Committee on the United States; and state eligibility threshold. If the IHS or a (E) the alien has never been under a final Tribe pays the health care costs of an AI/AN, the Judiciary. administrative or judicial order of exclusion, that individual is not considered to have ‘‘in- Mr. DURBIN. Mr. President, I ask deportation, or removal, unless the alien has curred’’ the cost for purposes of meeting the unanimous consent that the text of the remained in the United States under color of ‘‘spend-down’’ requirements for qualifying as bill be printed in the RECORD. law or received the order before attaining ‘‘medically needy.’’ There being no objection, the bill was the age of 16 years. Proposal ordered to be printed in the RECORD, as (2) WAIVER.—The Secretary of Homeland Allow medical expenses paid by the IHS or follows: Security may waive the grounds of ineligi- a Tribe or tribal organization on behalf of an S. 2075 bility under section 212(a)(6) of the Immigra- AI/AN to count as costs ‘‘incurred’’ for med- Be it enacted by the Senate and House of Rep- tion and Nationality Act and the grounds of ical care for purposes of establishing eligi- resentatives of the United States of America in deportability under paragraphs (1), (3), and bility for Medicaid in states with ‘‘medically Congress assembled, (6) of section 237(a) of that Act for humani- needy’’ programs. SECTION 1. SHORT TITLE. tarian purposes or family unity or when it is Justification This Act may be cited as the ‘‘Develop- otherwise in the public interest. Current policy has the effect of disquali- ment, Relief, and Education for Alien Minors (3) PROCEDURES.—The Secretary of Home- fying AI/ANs from Medicaid eligibility as Act of 2005’’ or the ‘‘DREAM Act of 2005’’. land Security shall provide a procedure by

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13387 regulation allowing eligible individuals to (i) shall not affect the enforcement of the doned such residence if the alien is absent apply affirmatively for the relief available provisions of this Act with respect to the from the United States for more than 365 under this subsection without being placed alien; and days, in the aggregate, during the period of in removal proceedings. (ii) shall not give rise to any private right conditional residence, unless the alien dem- (b) TERMINATION OF CONTINUOUS PERIOD.— of action by the alien. onstrates that alien has not abandoned the For purposes of this section, any period of (b) TERMINATION OF STATUS.— alien’s residence. An alien who is absent continuous residence or continuous physical (1) IN GENERAL.—The Secretary of Home- from the United States due to active service presence in the United States of an alien who land Security shall terminate the condi- in the uniformed services has not abandoned applies for cancellation of removal under tional permanent resident status of any the alien’s residence in the United States this section shall not terminate when the alien who obtained such status under this during the period of such service. alien is served a notice to appear under sec- Act, if the Secretary determines that the (D) The alien has completed at least 1 of tion 239(a) of the Immigration and Nation- alien— the following: ality Act (8 U.S.C. 1229(a)). (A) ceases to meet the requirements of sub- (i) The alien has acquired a degree from an (c) TREATMENT OF CERTAIN BREAKS IN paragraph (B) or (C) of section 4(a)(1); institution of higher education in the United PRESENCE.— (B) has become a public charge; or States or has completed at least 2 years, in (1) IN GENERAL.—An alien shall be consid- (C) has received a dishonorable or other good standing, in a program for a bachelor’s ered to have failed to maintain continuous than honorable discharge from the uni- degree or higher degree in the United States. physical presence in the United States under formed services. (ii) The alien has served in the uniformed subsection (a) if the alien has departed from (2) RETURN TO PREVIOUS IMMIGRATION STA- services for at least 2 years and, if dis- the United States for any period in excess of TUS.—Any alien whose conditional perma- charged, has received an honorable dis- 90 days or for any periods in the aggregate nent resident status is terminated under charge. exceeding 180 days. paragraph (1) shall return to the immigra- (E) The alien has provided a list of all of tion status the alien had immediately prior (2) EXTENSIONS FOR EXCEPTIONAL CIR- the secondary educational institutions that to receiving conditional permanent resident CUMSTANCES.—The Secretary of Homeland the alien attended in the United States. status under this Act. Security may extend the time periods de- (2) HARDSHIP EXCEPTION.— (c) REQUIREMENTS OF TIMELY PETITION FOR scribed in paragraph (1) if the alien dem- (A) IN GENERAL.—The Secretary of Home- REMOVAL OF CONDITION.— onstrates that the failure to timely return to land Security may, in the Secretary’s discre- (1) IN GENERAL.—In order for the condi- tion, remove the conditional status of an the United States was due to exceptional cir- tional basis of permanent resident status ob- alien if the alien— cumstances. The exceptional circumstances tained by an alien under subsection (a) to be determined sufficient to justify an extension removed, the alien must file with the Sec- (i) satisfies the requirements of subpara- should be no less compelling than serious ill- retary of Homeland Security, in accordance graphs (A), (B), and (C) of paragraph (1); ness of the alien, or death or serious illness with paragraph (3), a petition which requests (ii) demonstrates compelling cir- of a parent, grandparent, sibling, or child. the removal of such conditional basis and cumstances for the inability to complete the (d) EXEMPTION FROM NUMERICAL LIMITA- which provides, under penalty of perjury, the requirements described in paragraph (1)(D); TIONS.—Nothing in this section may be con- facts and information so that the Secretary and strued to apply a numerical limitation on may make the determination described in (iii) demonstrates that the alien’s removal the number of aliens who may be eligible for paragraph (2)(A). from the United States would result in ex- cancellation of removal or adjustment of (2) ADJUDICATION OF PETITION TO REMOVE ceptional and extremely unusual hardship to status under this section. CONDITION.— the alien or the alien’s spouse, parent, or (e) REGULATIONS.— (A) IN GENERAL.—If a petition is filed in ac- child who is a citizen or a lawful permanent (1) PROPOSED REGULATIONS.—Not later than cordance with paragraph (1) for an alien, the resident of the United States. 180 days after the date of enactment of this Secretary of Homeland Security shall make (B) EXTENSION.—Upon a showing of good Act, the Secretary of Homeland Security a determination as to whether the alien cause, the Secretary of Homeland Security shall publish proposed regulations imple- meets the requirements set out in subpara- may extend the period of the conditional menting this section. Such regulations shall graphs (A) through (E) of subsection (d)(1). resident status for the purpose of completing be effective immediately on an interim basis, (B) REMOVAL OF CONDITIONAL BASIS IF FA- the requirements described in paragraph but are subject to change and revision after VORABLE DETERMINATION.—If the Secretary (1)(D). public notice and opportunity for a period determines that the alien meets such re- (e) TREATMENT OF PERIOD FOR PURPOSES OF for public comment. quirements, the Secretary shall notify the NATURALIZATION.—For purposes of title III of (2) INTERIM, FINAL REGULATIONS.—Within a alien of such determination and immediately the Immigration and Nationality Act (8 reasonable time after publication of the in- remove the conditional basis of the status of U.S.C. 1401 et seq.), in the case of an alien terim regulations in accordance with para- the alien. who is in the United States as a lawful per- manent resident on a conditional basis under graph (1), the Secretary of Homeland Secu- (C) TERMINATION IF ADVERSE DETERMINA- this section, the alien shall be considered to rity shall publish final regulations imple- TION.—If the Secretary determines that the menting this section. alien does not meet such requirements, the have been admitted as an alien lawfully ad- (f) REMOVAL OF ALIEN.—The Secretary of Secretary shall notify the alien of such de- mitted for permanent residence and to be in Homeland Security may not remove any termination and terminate the conditional the United States as an alien lawfully admit- alien who has a pending application for con- permanent resident status of the alien as of ted to the United States for permanent resi- ditional status under this Act. the date of the determination. dence. However, the conditional basis must be removed before the alien may apply for SEC. 5. CONDITIONAL PERMANENT RESIDENT (3) TIME TO FILE PETITION.—An alien may STATUS. petition to remove the conditional basis to naturalization. (a) IN GENERAL.— lawful resident status during the period be- SEC. 6. RETROACTIVE BENEFITS UNDER THIS (1) CONDITIONAL BASIS FOR STATUS.—Not- ginning 180 days before and ending 2 years ACT. withstanding any other provision of law, and after either the date that is 6 years after the If, on the date of enactment of this Act, an except as provided in section 6, an alien date of the granting of conditional perma- alien has satisfied all the requirements of whose status has been adjusted under section nent resident status or any other expiration subparagraphs (A) through (E) of section 4 to that of an alien lawfully admitted for date of the conditional permanent resident 4(a)(1) and section 5(d)(1)(D), the Secretary of permanent residence shall be considered to status as extended by the Secretary of Homeland Security may adjust the status of have obtained such status on a conditional Homeland Security in accordance with this the alien to that of a conditional resident in basis subject to the provisions of this sec- Act. The alien shall be deemed in conditional accordance with section 4. The alien may pe- tion. Such conditional permanent resident permanent resident status in the United tition for removal of such condition at the status shall be valid for a period of 6 years, States during the period in which the peti- end of the conditional residence period in ac- subject to termination under subsection (b). tion is pending. cordance with section 5(c) if the alien has (2) NOTICE OF REQUIREMENTS.— (d) DETAILS OF PETITION.— met the requirements of subparagraphs (A), (A) AT TIME OF OBTAINING PERMANENT RESI- (1) CONTENTS OF PETITION.—Each petition (B), and (C) of section 5(d)(1) during the en- DENCE.—At the time an alien obtains perma- for an alien under subsection (c)(1) shall con- tire period of conditional residence. nent resident status on a conditional basis tain information to permit the Secretary of SEC. 7. EXCLUSIVE JURISDICTION. under paragraph (1), the Secretary of Home- Homeland Security to determine whether (a) IN GENERAL.—The Secretary of Home- land Security shall provide for notice to the each of the following requirements is met: land Security shall have exclusive jurisdic- alien regarding the provisions of this section (A) The alien has demonstrated good moral tion to determine eligibility for relief under and the requirements of subsection (c) to character during the entire period the alien this Act, except where the alien has been have the conditional basis of such status re- has been a conditional permanent resident. placed into deportation, exclusion, or re- moved. (B) The alien is in compliance with section moval proceedings either prior to or after fil- (B) EFFECT OF FAILURE TO PROVIDE NO- 4(a)(1)(C). ing an application for relief under this Act, TICE.—The failure of the Secretary of Home- (C) The alien has not abandoned the alien’s in which case the Attorney General shall land Security to provide a notice under this residence in the United States. The Sec- have exclusive jurisdiction and shall assume paragraph— retary shall presume that the alien has aban- all the powers and duties of the Secretary

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13388 CONGRESSIONAL RECORD — SENATE November 18, 2005 until proceedings are terminated, or if a SEC. 11. HIGHER EDUCATION ASSISTANCE. tions in Government. As a former pros- final order of deportation, exclusion, or re- Notwithstanding any provision of the ecutor, I know that experienced pros- moval is entered the Secretary shall resume Higher Education Act of 1965 (20 U.S.C. 1001 ecutors are needed to bring ever more et seq.), with respect to assistance provided all powers and duties delegated to the Sec- sophisticated cases under increasingly retary under this Act. under title IV of the Higher Education Act of (b) STAY OF REMOVAL OF CERTAIN ALIENS 1965 (20 U.S.C. 1070 et seq.), an alien who ad- complex federal criminal laws. The ENROLLED IN PRIMARY OR SECONDARY justs status to that of a lawful permanent Government’s success in combating the SCHOOL.—The Attorney General shall stay resident under this Act shall be eligible only threats posed by organized crime, drug the removal proceedings of any alien who— for the following assistance under such title: cartels, terrorist groups, and other so- (1) meets all the requirements of subpara- (1) Student loans under parts B, D, and E of phisticated criminals depends upon graphs (A), (B), (C), and (E) of section 4(a)(1); such title IV (20 U.S.C. 1071 et seq., 1087a et representation by skilled, experienced (2) is at least 12 years of age; and seq., 1087aa et seq.), subject to the require- litigators. ments of such parts. (3) is enrolled full time in a primary or sec- Because of the lure of higher salaries ondary school. (2) Federal work-study programs under (c) EMPLOYMENT.—An alien whose removal part C of such title IV (42 U.S.C. 2751 et seq.), and benefits, the average assistant U.S. is stayed pursuant to subsection (b) may be subject to the requirements of such part. attorney remains with the Department engaged in employment in the United States, (3) Services under such title IV (20 U.S.C. of Justice only 8 years. The hours are consistent with the Fair Labor Standards 1070 et seq.), subject to the requirements for long, the pay is low, and they place Act (29 U.S.C. 201 et seq.), and State and such services. themselves in harm’s way by pros- local laws governing minimum age for em- SEC. 12. GAO REPORT. ecuting criminals. Surveys of assistant ployment. Seven years after the date of enactment of U.S. attorneys have shown that a fair (d) LIFT OF STAY.—The Attorney General this Act, the Comptroller General of the retirement benefit is the foremost in- shall lift the stay granted pursuant to sub- United States shall submit a report to the section (b) if the alien— Committees on the Judiciary of the Senate centive that would increase their ten- (1) is no longer enrolled in a primary or and the House of Representatives setting ure with the Department of Justice. secondary school; or forth— Creating an enticement for them to re- (2) ceases to meet the requirements of sub- (1) the number of aliens who were eligible main with the Department of Justice section (b)(1). for cancellation of removal and adjustment for the length of their careers would be SEC. 8. PENALTIES FOR FALSE STATEMENTS IN of status under section 4(a); a tremendous victory for the American APPLICATION. (2) the number of aliens who applied for ad- people. This legislation would improve Whoever files an application for relief justment of status under section 4(a); public safety for us all by ensuring a under this Act and willfully and knowingly (3) the number of aliens who were granted falsifies, misrepresents, or conceals a mate- adjustment of status under section 4(a); and strong, knowledgeable, and experienced rial fact or makes any false or fraudulent (4) the number of aliens whose conditional crop of prosecutors at the federal level. statement or representation, or makes or permanent resident status was removed I want to thank Senators HATCH, MI- uses any false writing or document knowing under section 5. KULSKI, DURBIN, DEWINE, BIDEN, FEIN- the same to contain any false or fraudulent STEIN, FEINGOLD, SMITH, DODD, CHAM- statement or entry, shall be fined in accord- By Mr. LEAHY (for himself, Mr. BLISS, ROCKEFELLER, LIEBERMAN, ance with title 18, United States Code, or im- HATCH, Ms. MIKULSKI, Mr. DUR- BOXER, WYDEN, NELSON, AND CORZINE, prisoned not more than 5 years, or both. BIN, Mr. DEWINE, Mr. BIDEN, for cosponsoring this important legis- SEC. 9. CONFIDENTIALITY OF INFORMATION. Mrs. FEINSTEIN, Mr. FEINGOLD, lation. (a) PROHIBITION.—No officer or employee of Mr. SMITH, Mr. DODD, Mr. the United States may— I ask unanimous consent that the CHAMBLISS, Mr. ROCKEFELLER, (1) use the information furnished by the text of the bill be printed in the applicant pursuant to an application filed Mr. LIEBERMAN, Mrs. BOXER, RECORD. under this Act to initiate removal pro- Mr. WYDEN, Mr. NELSON of Flor- There being no objection, the bill was ceedings against any persons identified in ida, and Mr. CORZINE): ordered to be printed in the RECORD, as the application; S. 2076. A bill to amend title 5, follows: (2) make any publication whereby the in- United States Code, to provide to as- S. 2076 formation furnished by any particular indi- sistant United States attorneys the Be it enacted by the Senate and House of Rep- vidual pursuant to an application under this same retirement benefits as are af- Act can be identified; or resentatives of the United States of America in forded to Federal law enforcement offi- Congress assembled, (3) permit anyone other than an officer or cers; to the Committee on Homeland employee of the United States Government SECTION 1. SHORT TITLE. or, in the case of applications filed under Security and Governmental Affairs. This Act may be cited as the ‘‘Assistant this Act with a designated entity, that des- Mr. LEAHY. I am pleased to join United States Attorney Retirement Benefit ignated entity, to examine applications filed with Senator HATCH in introducing the Equity Act of 2005’’. under this Act. Assistant United States Attorney Re- SEC. 2. RETIREMENT TREATMENT OF ASSISTANT (b) REQUIRED DISCLOSURE.—The Attorney tirement Benefit Equity Act of 2005. UNITED STATES ATTORNEYS. General or the Secretary of Homeland Secu- This bill was previously introduced in (a) CIVIL SERVICE RETIREMENT SYSTEM.— rity shall provide the information furnished the 107th and 108th Congresses. A (1) ASSISTANT UNITED STATES ATTORNEY DE- under this section, and any other informa- House companion bill, H.R. 3183, has al- FINED.—Section 8331 of title 5, United States tion derived from such furnished informa- ready been introduced and currently Code, is amended— tion, to— (A) in paragraph (28), by striking ‘‘and’’ at (1) a duly recognized law enforcement enti- has 43 bipartisan cosponsors. the end; ty in connection with an investigation or Fairness is the driving force behind (B) in the first paragraph (29), by striking prosecution of an offense described in para- this legislation. The bill would correct the period and inserting a semicolon; graph (2) or (3) of section 212(a) of the Immi- an inequity that exists under current (C) in the second paragraph (29)— gration and Nationality Act (8 U.S.C. law, whereby AUSAs receive substan- (i) by striking ‘‘(29)’’ and inserting ‘‘(30)’’; 1182(a)), when such information is requested tially less favorable retirement bene- and in writing by such entity; or fits than nearly all other people in- (ii) by striking the period and inserting ‘‘; (2) an official coroner for purposes of af- volved in the Federal criminal justice and’’; and firmatively identifying a deceased individual (D) by adding at the end the following: (whether or not such individual is deceased system. The bill would increase the re- ‘‘(31) ‘assistant United States attorney’ as a result of a crime). tirement benefits given to AUSAs, as means— (c) PENALTY.—Whoever knowingly uses, well as other designated attorneys em- ‘‘(A) an assistant United States attorney publishes, or permits information to be ex- ployed by DOJ who act primarily as under section 542 of title 28; and amined in violation of this section shall be criminal prosecutors, by including ‘‘(B) any other attorney employed by the fined not more than $10,000. them in the Civil Service Retirement Department of Justice occupying a position SEC. 10. EXPEDITED PROCESSING OF APPLICA- System. This change would bring their designated by the Attorney General upon TIONS; PROHIBITION ON FEES. retirement benefits inline with thou- finding that the position— Regulations promulgated under this Act ‘‘(i) involves routine employee responsibil- shall provide that applications under this sands of other employees involved in ities that are substantially similar to those Act will be considered on an expedited basis the Federal criminal justice system. of assistant United States attorneys; and and without a requirement for the payment Enhanced retirement benefits will ‘‘(ii) is critical to the Department’s suc- by the applicant of any additional fee for allow us to attract and retain the best cessful accomplishment of an important mis- such expedited processing. and the brightest for these vital posi- sion.’’.

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(2) RETIREMENT TREATMENT.—Chapter 83 of (ii) is critical to the Department’s success- Civil Service Retirement and Disability title 5, United States Code, is amended by ful accomplishment of an important mission; Fund the difference between the individual adding after section 8351 the following: and contributions that were actually made for ‘‘§ 8352. Assistant United States attorneys (2) the term ‘‘incumbent’’ means an indi- such service and the individual contributions vidual who is serving as an assistant United that would have been made for such service ‘‘Except as provided under the Assistant States attorney on the effective date of this if the amendments made by section 2 of this United States Attorneys Retirement Benefit section. Act had then been in effect. Equity Act of 2005 (including the provisions (b) DESIGNATED ATTORNEYS.—If the Attor- (2) EFFECT OF NOT CONTRIBUTING.—If the de- relating to the non-applicability of manda- ney General makes any designation of an at- posit required under paragraph (1) is not tory separation requirements under section torney to meet the definition under sub- paid, all prior service of the incumbent shall 8335(b) and 8425(b) of this title), an assistant section (a)(1)(B) for purposes of being an in- remain fully creditable as law enforcement United States attorney shall be treated in cumbent under this section— officer service, but the resulting annuity the same manner and to the same extent as (1) such designation shall be made before shall be reduced in a manner similar to that a law enforcement officer for purposes of this the effective date of this section; and described in section 8334(d)(2)(B) of title 5, chapter.’’. (2) the Attorney General shall submit to United States Code. This paragraph shall not (3) TECHNICAL AND CONFORMING AMEND- the Office of Personnel Management before apply in the case of a disability annuity. MENTS.—(A) The table of sections for chapter that effective date— (3) PRIOR SERVICE DEFINED.—For purposes 83 of title 5, United States Code, is amended (A) the name of the individual designated; of this section, the term ‘‘prior service’’ by inserting after the item relating to sec- and means, with respect to any individual who tion 8351 the following: (B) the period of service performed by that makes an election (or is deemed to have ‘‘8352. Assistant United States attorneys.’’ individual as an assistant United States at- made an election) under subsection (d)(1)(A), (B) Section 8335(a) of such title is amended torney before that effective date. all service performed as an assistant United by striking ‘‘8331(29)(A)’’ and inserting (c) NOTICE REQUIREMENT.—Not later than 9 States attorney, but not exceeding 20 years, ‘‘8331(30)(A)’’. months after the date of enactment of this performed by such individual before the date (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- Act, the Department of Justice shall take as of which applicable retirement deductions TEM.— measures reasonably designed to provide no- begin to be made in accordance with such (1) ASSISTANT UNITED STATES ATTORNEY DE- tice to incumbents on— election. (1) their election rights under this Act; and FINED.—Section 8401 of title 5, United States (g) REGULATIONS.—Except as provided Code, is amended— (2) the effects of making or not making a under section 4, the Office of Personnel Man- (A) in paragraph (34), by striking ‘‘and’’ at timely election under this Act. agement shall prescribe regulations nec- (d) ELECTION AVAILABLE TO INCUMBENTS.— the end; essary to carry out this Act, including provi- (1) IN GENERAL.—An incumbent may elect, (B) in paragraph (35), by striking the pe- sions under which any interest due on the for all purposes, to be treated— riod and inserting ‘‘; and’’ ; and amount described under subsection (e) shall (A) in accordance with the amendments (C) by adding at the end the following: be determined. made by this Act; or ‘‘(36) ‘assistant United States attorney’ (h) EFFECTIVE DATE.—This section shall (B) as if this Act had never been enacted. means— take effect 120 days after the date of enact- (2) FAILURE TO ELECT.—Failure to make a ‘‘(A) an assistant United States attorney ment of this Act. under section 542 of title 28; and timely election under this subsection shall be treated in the same way as an election SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRA- ‘‘(B) any other attorney employed by the TIVE ACTIONS. Department of Justice occupying a position under paragraph (1)(A), made on the last day allowable under paragraph (3). (a) REGULATIONS.— designated by the Attorney General upon (1) IN GENERAL.—Not later than 120 days finding that the position— (3) TIME LIMITATION.—An election under this subsection shall not be effective unless after the date of enactment of this Act, the ‘‘(i) involves routine employee responsibil- Attorney General, in consultation with the ities that are substantially similar to those the election is made not later than the ear- lier of— Office of Personnel Management, shall pro- of assistant United States attorneys; and mulgate regulations for designating attor- ‘‘(ii) is critical to the Department’s suc- (A) 120 days after the date on which the no- tice under subsection (c) is provided; or neys described under section 3(a)(1)(B). cessful accomplishment of an important mis- (2) CONTENTS.—Any regulation promul- sion.’’. (B) the date on which the incumbent in- volved separates from service. gated under paragraph (1) shall ensure that (2) RETIREMENT TREATMENT.—Section 8402 (e) LIMITED RETROACTIVE EFFECT.— attorneys designated as assistant United of title 5, United States Code, is amended by (1) EFFECT ON RETIREMENT.—In the case of States attorneys described under section adding at the end the following: an incumbent who elects (or is deemed to 3(a)(1)(B) have routine employee responsibil- ‘‘(h) Except as provided under the Assist- have elected) the option under subsection ities that are substantially similar to those ant United States Attorneys Retirement (d)(1)(A), all service performed by that indi- of assistant United States attorneys. Benefit Equity Act of 2005 (including the pro- vidual as an assistant United States attor- (b) DESIGNATIONS.—The designation of any visions relating to the non-applicability of ney and, with respect to (B) below, including attorney as an assistant United States attor- mandatory separation requirements under any service performed by such individual ney described under section 3(a)(1)(B) shall section 8335(b) and 8425(b) of this title), an pursuant to an appointment under sections be at the discretion of the Attorney General. assistant United States attorney shall be 515, 541, 543, and 546 of title 28, United States treated in the same manner and to the same Code, shall— By Mr. MCCAIN: extent as a law enforcement officer for pur- (A) to the extent performed on or after the S. 2078. A bill to amend the Indian poses of this chapter.’’. effective date of that election, be treated in Gaming Regulatory Act to clarify the (c) MANDATORY SEPARATION.—Sections accordance with applicable provisions of sub- 8335(b) and 8425(b) of title 5, United States authority of the National Indian Gam- chapter III of chapter 83 or chapter 84 of title Code, are amended by adding at the end the ing Commission to regulate class III 5, United States Code, as amended by this following: ‘‘The preceding provisions of this gaming, to limit the lands eligible for Act; and subsection shall not apply in the case of an gaming, and for other purposes; to the (B) to the extent performed before the ef- assistant United States attorney as defined fective date of that election, be treated in Committee on Indian Affairs. under section 8331(31) or 8401(36).’’. accordance with applicable provisions of sub- Mr. MCCAIN. Mr. President, I am in- (d) EFFECTIVE DATE.—The amendments chapter III of chapter 83 or chapter 84 of such troducing today a bill to amend regu- made by this section shall take effect on the title, as if the amendments made by this Act latory provisions of the Indian Gaming first day of the first applicable pay period be- had then been in effect. ginning on or after 120 days after the date of Regulatory Act (IGRA). The bill clari- (2) NO OTHER RETROACTIVE EFFECT.—Noth- fies that the National Indian Gaming enactment of this Act. ing in this Act (including the amendments SEC. 3. PROVISIONS RELATING TO INCUMBENTS. Commission (NIGC) has authority to made by this Act) shall affect any of the promulgate and enforce Minimum In- (a) DEFINITIONS.—In this section— terms or conditions of an individual’s em- (1) the term ‘‘assistant United States at- ployment (apart from those governed by sub- ternal Control Standards as to Class III torney’’ means— chapter III of chapter 83 or chapter 84 of title gaming; grants the NIGC Chairman au- (A) an assistant United States attorney 5, United States Code) with respect to any thority to approve contracts, and ex- under section 542 of title 28, United States period of service preceding the date on which pands contract approval to include con- Code; and such individual’s election under subsection tracts not only for management con- (B) any other attorney employed by the (d) is made (or is deemed to have been made). tracts but also for gaming operation Department of Justice occupying a position (f) INDIVIDUAL CONTRIBUTIONS FOR PRIOR development contracts and consulting designated by the Attorney General upon SERVICE.— finding that the position— (1) IN GENERAL.—An individual who makes services, as well as for any contract the (i) involves routine employee responsibil- an election under subsection (d)(1)(A) shall, fees for which are to be paid as a per- ities that are substantially similar to those with respect to prior service performed by centage of gaming revenue; tightens re- of assistant United States attorneys; and such individual, deposit, with interest, to the strictions on off-reservation gaming;

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13390 CONGRESSIONAL RECORD — SENATE November 18, 2005 gives the NIGC authority to issue com- than ‘‘management’’ contracts that re- consent that the text of the bill be plaints against any individual or enti- quire NIGC review. In these cases, printed in the RECORD. ty, not just against tribes or manage- tribes run the risk that contractors There being no objection, the bill was ment contractors, that violate IGRA or will enforce unfair contract terms, and ordered to be printed in the RECORD, as federal regulations; and requires all tribes and patrons run the risk that the follows: tribes to pay fees to the NIGC. tribe will contract with unsuitable S. 2078 When IGRA was enacted in 1988, In- partners. This amendment extends Be it enacted by the Senate and House of Rep- dian gaming was a $200 million dollar NIGC approval to all significant gam- resentatives of the United States of America in industry. Today, the industry earns $19 ing operation related contracts so that Congress assembled, billion a year and is spread throughout the Indian gaming industry remains, as SECTION 1. SHORT TITLE. the nation. The amendments reflect far as possible, free from unscrupulous This Act may be cited as the ‘‘Indian Gam- the need to re-evaluate what con- and unsuitable contractors. ing Regulatory Act Amendments of 2005’’. stitutes appropriate regulation of this Related to protecting the integrity of SEC. 2. DEFINITIONS. vastly changed enterprise. I have al- Indian gaming is the issue of off-res- Section 4 of the Indian Gaming Regulatory ways been and continue to be a sup- ervation gaming. When enacted in 1988, Act (25 U.S.C. 2703) is amended— (1) in paragraph (7)(E), by striking ‘‘of the porter of the rights of Indian tribes to IGRA generally banned Indian gaming Indian Gaming Regulatory Act (25 U.S.C. conduct gaming, a right guaranteed by that was not located on reservations, 2710(d)(3))’’; and the Supreme Court in the California v. however, in the interest of fairness, (2) by adding at the end the following: Cabazon decision and codified in IGRA, several exceptions to this ban were pro- ‘‘(11) GAMING-RELATED CONTRACT.—The but I also continue to believe that ef- vided. Exploitation of these exceptions, term ‘gaming-related contract’ means— fective regulation of these enterprises not anticipated at the time IGRA was ‘‘(A) a contract or other agreement relat- are critical to tribes’ continued suc- enacted, has led to a burgeoning prac- ing to the management and operation of an cess. tice by unscrupulous developers seek- Indian tribal gaming activity, including a Ensuring that the NIGC is able to contract for services under which the gam- ing to profit off Indian tribes desperate ing-related contractor— continue its oversight of Class ill gam- for economic development. Predict- ‘‘(i) exercises material control over the ing is necessary to this effective regu- ably, these ill-advised deals have in- gaming activity (or any part of the gaming lation. On August 24, 2005, the U.S. Dis- vited a backlash against Indian gaming activity); or trict Court for the District of Columbia generally. These amendments to IGRA ‘‘(ii) advises or consults with a person that issued its decision in Colorado River will put an end to the most trouble- exercises material control over the gaming Indian Tribes v. NIGC (‘‘CRIT’’), ruling some of these proposals by eliminating activity (or any part of the gaming activity); that the National Indian Gaming Com- the authority of the Secretary to take ‘‘(B) an agreement relating to the develop- mission (NIGC) did not have jurisdic- ment or construction of a facility to be used land into trust off-reservation pursu- for an Indian tribal gaming activity (includ- tion to issue Class ill Minimum Inter- ant to the so-called ‘‘two-part deter- ing a facility that is ancillary to such an ac- nal Controls Standards (MICS). These mination’’ provisions of Section 20. tivity) the cost of which is greater than standards regulate day-to-day oper- In addressing concerns about other $250,000; or ations of gaming operations. Specifi- exceptions in Section 20 for land ‘‘(C) an agreement that provides for com- cally, they provide rules that designate claims, initial reservations and re- pensation or fees based on a percentage of how cash is handled by the gaming op- stored reservations, these amendments the net revenues of an Indian tribal gaming eration, prescribe surveillance over strike a balance by curbing potential activity. game play, and provide auditing proce- abuses of these exceptions, while not ‘‘(12) GAMING-RELATED CONTRACTOR.—The term ‘gaming-related contractor’ means an dures. unfairly penalizing those who lost their entity or an individual, including an indi- Until the Court’s decision, the NIGC lands through no fault of their own, or vidual who is an officer, or who serves on the had been regulating Class ill gaming even had them taken illegally—often board of directors, of an entity, or a stock- through MICS since 1999. The regula- by force. Thus, newly recognized and holder that directly or indirectly holds at tions applied both to Class II gaming— restored tribes may still obtain lands, least 5 percent of the issued and outstanding that is, bingo and games similar to and conduct gaming on them, but such stock of an entity, that enters into a gam- bingo—and to Class III gaming—includ- lands must be in the area where the ing-related contract with— ing slot machines and table games— particular tribe has its most signifi- ‘‘(A) an Indian tribe; or which represents the largest source of ‘‘(B) an agent of an Indian tribe. cant ties. This has been the case for ‘‘(13) MATERIAL CONTROL.—The term ‘mate- revenue in Indian gaming. Following to most newly recognized and restored rial control’, with respect to a gaming activ- CRIT decision this summer, however, tribes, and surely is not unfair to im- ity, means the exercise of authority or su- some tribes have challenged NIGC’s au- pose on all similarly situated tribes. pervision over a matter that substantially thority to issue or enforce the MICS. For tribes that successfully reclaim affects a financial or management aspect of Although without NIGC authority, lands taken illegally and want to con- an Indian tribal gaming activity.’’. oversight of Class ill gaming may be duct gaming on them, these amend- SEC. 3. NATIONAL INDIAN GAMING COMMISSION. provided by tribal-State compacts, ments will require congressional con- Section 5 of the Indian Gaming Regulatory States’ roles in enforcement varies firmation and the lands must be within Act (25 U.S.C. 2704) is amended— widely and many have left such regula- (1) in subsection (c)— the state where the tribe has or had its (A) by striking ‘‘(c) Vacancies’’ and insert- tion to NIGC. In a Nationwide indus- last reservation. This provision does ing the following: try, uniform federal minimum internal not impair any tribe’s legal rights to ‘‘(c) VACANCIES.— control standards are appropriate. This reclaim lands, but will discourage at- ‘‘(1) IN GENERAL.—Except as provided in amendment makes clear that NIGC tempts by creative non-Indian devel- paragraph (2), a vacancy’’; continues to have the authority it has opers to turn a tribe’s legal rights into (B) by striking the second sentence and in- exercised until now to issue and en- a form of extortion. serting the following: force MICS, including the ability to in- Ensuring that penalties are appro- ‘‘(3) EXPIRATION OF TERM.—Unless a mem- ber has been removed for cause under sub- spect facilities and audit premises in priate and can be brought against the section (b)(6), the member may— order to assure compliance. responsible party is another means of ‘‘(A) serve after the expiration of the term Protecting the integrity of Indian protecting the integrity of Indian gam- of office of the member until a successor is gaming also requires that the NIGC’s ing. To this end the bill clarifies that appointed; or authority to review manager contracts civil penalties can be imposed on any ‘‘(B) be reappointed to serve on the Com- be expanded. IGRA originally identi- violator of IGRA, not just Indian tribes mission.’’; and fied only one kind of contract that was or management contractors. (C) by inserting after paragraph (1) (as des- subject to NIGC approval: management Finally, this bill will ensure fairness ignated by subparagraph (A)) the following: contracts. History has shown, however, in the regulation of Indian gaming by ‘‘(2) VICE CHAIRMAN.—The Vice Chairman shall act as Chairman in the absence or dis- that in order to avoid NIGC review, assuring that all tribes bear their ap- ability of the Chairman.’’; and some contracts have been fashioned as propriate share of the cost of regula- (2) in subsection (e), in the second sen- ‘‘consulting’’ contracts or ‘‘develop- tion so that the industry, as a whole, tence, by inserting ‘‘or disability’’ after ‘‘in ment’’ contracts, i.e., something other continues to prosper. I ask unanimous the absence’’.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13391 SEC. 4. POWERS OF THE CHAIRMAN. ‘‘(II) primary management officials and ‘‘SEC. 12. GAMING-RELATED CONTRACTS. Section 6 of the Indian Gaming Regulatory other key employees of the gaming enter- ‘‘(a) IN GENERAL.—To be enforceable under Act (25 U.S.C. 2705) is amended— prise, as determined by the Chairman; and this Act, a gaming-related contract shall (1) in subsection (a)— ‘‘(III) any person that is a party to a gam- be— (A) in paragraph (3), by striking ‘‘and’’ at ing-related contract; and’’; and ‘‘(1) in writing; and the end; (ii) in clause (ii)(I), by striking ‘‘primary’’ ‘‘(2) approved by the Chairman under sub- (B) by striking paragraph (4) and inserting and all that follows through ‘‘with’’ and in- section (c). the following: serting ‘‘the individuals and entities de- ‘‘(b) CONTRACT REQUIREMENTS.— ‘‘(4) approve gaming-related contracts for scribed in clause (i), including’’; ‘‘(1) IN GENERAL.—A gaming-related con- class II gaming and class III gaming under (C) in paragraph (3)— tract under this Act shall provide for the In- section 12; and’’; and (i) by redesignating subparagraphs (C) and dian tribe, at a minimum, provisions relat- (C) by adding at the end the following: (D) as subparagraphs (D) and (E), respec- ing to— ‘‘(5) conduct a background investigation tively; and ‘‘(A) accounting and reporting procedures, and make a determination with respect to (ii) by striking subparagraph (B) and in- including, as appropriate, provisions relating the suitability of a gaming-related con- serting the following: to verifiable financial reports; tractor, as the Chairman determines to be ‘‘(B) the plan is approved by the Secretary ‘‘(B) the access required to ensure proper appropriate.’’; and after the Secretary determines that— performance of the gaming-related contract, (2) by adding at the end the following: ‘‘(i) the plan is consistent with the uses de- including access to, with respect to a gaming ‘‘(c) DELEGATION OF AUTHORITY.— scribed in paragraph (2)(B); activity— ‘‘(1) IN GENERAL.—The Chairman may dele- ‘‘(ii) the plan adequately addresses the pur- ‘‘(i) daily operations; gate any authority under this section to any poses described in clauses (i) and (iii) of ‘‘(ii) real property; member of the Commission, as the Chairman paragraph (2)(B); and ‘‘(iii) equipment; and determines to be appropriate. ‘‘(iii) a per capita payment is a reasonable ‘‘(iv) any other tangible or intangible prop- ‘‘(2) REQUIREMENT.—In carrying out an ac- method of providing for the general welfare erty used to carry out the activity; tivity pursuant to a delegation under para- of the Indian tribe and the members of the ‘‘(C) assurance of performance of each graph (1), a member of the Commission shall Indian tribe; party to the gaming-related contract, includ- be subject to, and act in accordance with— ‘‘(C) the Secretary determines that the ing the provision of bonds under subsection ‘‘(A) the general policies formally adopted plan provides an adequate mechanism for the (d), as the Chairman determines to be nec- by the Commission; and monitoring and enforcement, by the Sec- essary; and ‘‘(B) the regulatory decisions, findings, and retary and the Chairman, of the compliance ‘‘(D) the reasons for, and method of, termi- determinations of the Commission pursuant of the plan (including any amendment, revi- nating the gaming-related contract. to Federal law.’’. sion, or rescission of any part of the plan);’’; ‘‘(2) TERM.— SEC. 5. POWERS OF THE COMMISSION. and ‘‘(A) IN GENERAL.—Except as provided in Section 7(b) of the Indian Gaming Regu- (D) in paragraph (4)(B)(i)— subparagraph (B), the term of a gaming-re- latory Act (25 U.S.C. 2706(b)) is amended— (i) in subclause (I), by striking ‘‘of the lated contract shall not exceed 5 years. (1) in paragraphs (1) and (4), by inserting Act,’’ and inserting a semicolon; ‘‘(B) EXCEPTION.—Notwithstanding sub- ‘‘and class III gaming’’ after ‘‘class II gam- (ii) in subclause (II), by striking ‘‘of this paragraph (A), a gaming-related contract ing’’ each place it appears; subsection’’ and inserting a semicolon; may have a term of not to exceed 7 years if— (2) in paragraph (2), by inserting ‘‘or class (iii) in subclause (III), by striking ‘‘, and’’ ‘‘(i) the Indian tribal party to the gaming- III gaming’’ after ‘‘class II gaming’’; and and inserting ‘‘; and’’; and related contract submits to the Chairman a (3) in paragraph (10), by inserting ‘‘, includ- (iv) in subclause (IV), by striking ‘‘Na- request for such a term; and ing regulations addressing minimum inter- tional Indian Gaming’’; ‘‘(ii) the Chairman determines that the nal control standards for class II gaming and (2) in subsection (d)— term is appropriate, taking into consider- class III gaming activities’’ before the period (A) in paragraph (1)— ation the circumstances of the gaming-re- at the end. (i) in subparagraph (A)— lated contract. SEC. 6. COMMISSION STAFFING. (I) in clause (i), by striking ‘‘lands,’’ and ‘‘(3) FEES.— (a) GENERAL COUNSEL.—Section 8(a) of the inserting ‘‘lands;’’; ‘‘(A) IN GENERAL.—Notwithstanding the Indian Gaming Regulatory Act (25 U.S.C. (II) in clause (ii), by striking ‘‘, and’’ and payment terms of a gaming-related contract, 2707(a)) is amended by striking ‘‘basic’’ and inserting ‘‘; and’’; and and except as provided in subparagraph (B), all that follows through the end of the sub- (III) in clause (iii), by striking the comma the fee of a gaming-related contractor or section and inserting the following: ‘‘pay at the end and inserting a semicolon; and beneficiary of a gaming-related contract payable for level IV of the Executive Sched- (ii) in subparagraph (B), by striking ‘‘, shall not exceed an amount equal to 30 per- ule under chapter 11 of title 2, United States and’’ and inserting ‘‘; and’’; cent of the net revenues of the gaming oper- Code, as adjusted by section 5318 of title 5, (B) in paragraph (2)— ation that is the subject of the gaming-re- United States Code.’’. (i) in subparagraph (B)(i), by striking ‘‘, lated contract. (b) OTHER STAFF.—Section 8(b) of the In- dian Gaming Regulatory Act (25 U.S.C. or’’ and inserting ‘‘; or’’; and ‘‘(B) EXCEPTION.—The fee of a gaming-re- 2707(b)) is amended by striking ‘‘basic’’ and (ii) in subparagraph (D)(iii)(I), by striking lated contractor or beneficiary of a gaming- all that follows through the end of the sub- ‘‘, and’’ and inserting ‘‘; and’’; related contract may be in an amount equal section and inserting the following: ‘‘pay (C) in paragraph (7)(B)— to not more than 40 percent of the net reve- payable for level IV of the Executive Sched- (i) in clause (ii)(I), by striking ‘‘, and’’ and nues of the gaming operation that is the sub- ule under chapter 11 of title 2, United States inserting ‘‘; and’’; ject of the gaming-related contract if the Code, as adjusted by section 5318 of title 5, (ii) in clause (iii)(I), by striking ‘‘, and’’ Chairman determines that such a fee is ap- United States Code.’’. and inserting ‘‘; and’’; and propriate, taking into consideration the cir- (c) TEMPORARY AND INTERMITTENT SERV- (iii) in clause (vii)(I), by striking ‘‘, and’’ cumstances of the gaming-related contract. ICES.—Section 8(c) of the Indian Gaming and inserting ‘‘; and’’; ‘‘(c) APPROVAL BY CHAIRMAN.— Regulatory Act (25 U.S.C. 2707(c)) is amended (D) in paragraph (8)(B)— ‘‘(1) GAMING-RELATED CONTRACTS.— by striking ‘‘basic’’ and all that follows (i) in clause (i), by striking the comma at ‘‘(A) IN GENERAL.—An Indian tribe shall through the end of the subsection and insert- the end and inserting a semicolon; and submit each gaming-related contract of the ing the following: ‘‘pay payable for level IV (ii) in clause (ii), by striking ‘‘, or’’ and in- tribe to the Chairman for approval by not of the Executive Schedule under chapter 11 serting ‘‘; or’’; and later than the earlier of— of title 2, United States Code, as adjusted by (E) by striking paragraph (9); and ‘‘(i) the date that is 90 days after the date section 5318 of title 5, United States Code.’’. (3) by adding at the end the following: on which the gaming-related contract is exe- SEC. 7. TRIBAL GAMING ORDINANCES. ‘‘(f) PROVISION OF INFORMATION TO CHAIR- cuted; or Section 11 of the Indian Gaming Regu- MAN.—Immediately after approving a plan ‘‘(ii) the date that is 90 days before the latory Act (25 U.S.C. 2710) is amended— date on which the gaming-related contract is (including any amendment, revision, or reci- (1) in subsection (b)— scheduled to be completed. sion of any part of a plan) under subsection (A) in paragraph (1)(A), by striking ‘‘, and’’ ‘‘(B) FACTORS FOR CONSIDERATION.—In de- and inserting ‘‘; and’’; (b)(3), the Secretary shall provide to the termining whether to approve a gaming-re- (B) in paragraph (2)(F)— Chairman— lated contract under this subsection, the (i) by striking clause (i) and inserting the ‘‘(1) a notice of the approval; and Chairman may take into consideration any following: ‘‘(2) any information used by the Secretary information relating to the terms, parties, ‘‘(i) ensures that background investiga- in approving the plan.’’. and beneficiaries of— tions and ongoing oversight activities are SEC. 8. GAMING-RELATED CONTRACTS. ‘‘(i) the gaming-related contract; and conducted with respect to— ‘‘(ii) any other agreement relating to the ‘‘(I) tribal gaming commissioners and key Section 12 of the Indian Gaming Regu- Indian gaming activity, as determined by the tribal gaming commission employees, as de- latory Act (25 U.S.C. 2711) is amended to read Chairman. termined by the Chairman; as follows: ‘‘(C) DEADLINE FOR DETERMINATION.—

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‘‘(i) IN GENERAL.—The Chairman shall ap- ‘‘(2) GAMING-RELATED CONTRACTORS.— the suitability of a gaming-related con- prove or disapprove a gaming-related con- ‘‘(A) IN GENERAL.—Not later than 90 days tractor that— tract under this subsection by not later than after the date on which the Chairman re- ‘‘(i) has been determined to be suitable by 90 days after the date on which the Chairman ceives a gaming-related contract, the Chair- the Chairman with respect to another gam- makes a determination regarding the suit- man shall make a determination regarding ing-related contract being carried out on the ability of each gaming-related contractor the suitability of each gaming-related con- date on which the Chairman makes a deter- under paragraph (2). tractor to carry out any gaming activity mination under this paragraph; and ‘‘(ii) EXPEDITED REVIEW.— that is the subject of the gaming-related ‘‘(ii) certifies to the Chairman that the in- ‘‘(I) IN GENERAL.—If each gaming-related contract. formation provided during a preceding suit- contractor has been determined by the ‘‘(B) REQUIREMENTS.—The Chairman shall ability determination has not materially Chairman to be suitable under paragraph (2) make a determination under subparagraph changed. on or before the date on which the gaming- (A) that a gaming-related contractor is un- ‘‘(G) RESPONSIBILITY OF GAMING-RELATED related contract is submitted to the Chair- suitable if, as determined by the Chairman— CONTRACTOR.—A gaming-related contractor man, the Chairman shall approve or dis- ‘‘(i) the gaming-related contractor— shall— approve the gaming-related contract by not ‘‘(I) is an elected member of the governing ‘‘(i) pay the costs of any investigation ac- later than 30 days after the date on which body of an Indian tribe that is a party to the tivity of the Chairman in carrying out this the gaming-related contract is submitted. gaming-related contract; paragraph; ‘‘(II) FAILURE TO DETERMINE.—If the Chair- ‘‘(II) has been convicted of— ‘‘(ii) provide to the Chairman a notice of man fails to make a determination by the any change in information provided during a ‘‘(aa) a felony; or date described in subclause (I), a gaming-re- preceding investigation on discovery of the ‘‘(bb) any offense relating to gaming; lated contract described in that subclause change; and ‘‘(III)(aa) knowingly and willfully provided shall be considered to be approved. ‘‘(iii) during an investigation of suitability any materially important false statement or ‘‘(III) AMENDMENTS.—The Chairman may under this paragraph, provide to the Chair- other information to the Commission or an require the parties to a gaming-related con- man such bonds under subsection (d) as the Indian tribe that is a party to the gaming-re- tract considered to be approved under sub- Chairman determines to be appropriate to lated contract; or clause (II) to amend the gaming-related con- shield an Indian tribe from liability result- tract, as the Chairman considers to be appro- ‘‘(bb) failed to respond to a request for in- ing from an action of the gaming-related priate to meet the requirements under sub- formation under this Act; contractor. ‘‘(IV) poses a threat to the public interest section (b). ‘‘(H) REGISTRY.—The Chairman shall estab- or the effective regulation or conduct of ‘‘(iii) EARLY OPERATION.— lish and maintain a registry of each suit- gaming under this Act, taking into consider- ‘‘(I) IN GENERAL.—On approval of the Chair- ability determination made under this para- man under subclause (II), a gaming-related ation the behavior, criminal record, reputa- graph. contract may be carried out before the date tion, habits, and associations of the gaming- ‘‘(3) ADDITIONAL REVIEWS.—Notwith- on which the gaming-related contract is ap- related contractor; standing an approval under paragraph (1), or proved by the Chairman under clause (i). ‘‘(V) unduly interfered, or attempted to un- a determination of suitability under para- ‘‘(II) APPROVAL BY CHAIRMAN.—The Chair- duly interfere, with any determination or graph (2), if the Chairman determines that a man may approve the early operation of a governing process of the governing body of gaming-related contract, or any party to gaming-related contract under subclause (I) an Indian tribe relating to a gaming activ- such a contract, is in violation of this Act, if the Chairman determines that— ity, for the benefit of the gaming-related the Chairman may— ‘‘(aa) adequate bonds have been provided contractor; or ‘‘(A) suspend performance under the gam- under paragraph (2)(G)(iii) and subsection ‘‘(VI) deliberately or substantially failed ing-related contract; (d); and to comply with the terms of— ‘‘(B) require the parties to amend the gam- ‘‘(bb) the gaming-related contract will be ‘‘(aa) the gaming-related contract; or ing-related contract; or amended as the Chairman considers to be ap- ‘‘(bb) a tribal gaming ordinance or resolu- ‘‘(C) revoke a determination of suitability propriate to meet the requirements under tion approved and adopted under this Act; or under paragraph (2)(D). subsection (b). ‘‘(ii) a trustee would determine that the ‘‘(4) TERMINATION.—Termination of a gam- ‘‘(D) REQUIREMENTS FOR DISAPPROVAL.— gaming-related contractor is unsuitable, in ing-related contract shall not require the ap- The Chairman shall disapprove a gaming-re- accordance with the duties of skill and dili- proval of the Chairman. lated contract under this subsection if the gence of the trustee. ‘‘(d) BONDS.— Chairman determines that— ‘‘(C) FAILURE TO DETERMINE.—If the Chair- ‘‘(1) IN GENERAL.—The Chairman may re- ‘‘(i) the gaming-related contract fails to man fails to make a suitability determina- quire a gaming-related contractor to provide meet any requirement under subsection (b); tion with respect to a gaming-related con- to the Chairman a bond to ensure the per- ‘‘(ii) a gaming-related contractor is unsuit- tractor by the date described in subpara- formance of the gaming-related contractor able under paragraph (2); graph (A), each gaming-related contractor under a gaming-related contract. ‘‘(iii) a gaming-related contractor or bene- shall be considered to be suitable to carry ‘‘(2) REGULATIONS.—The Chairman, by reg- ficiary of the gaming-related contract— out the gaming activity that is the subject ulation, shall establish the amount of a bond ‘‘(I) unduly interfered with or influenced, of the applicable gaming-related contract. required under this subsection. or attempted to interfere with or influence, ‘‘(D) REVOCATION.—At any time, based on a ‘‘(3) METHOD OF PAYMENT.—A bond under a decision or process of an Indian tribal gov- showing of good cause, the Chairman may— this subsection may be provided— ernment relating to the gaming activity for ‘‘(i) make a determination that a gaming- ‘‘(A) in cash or negotiable securities; the benefit of the gaming-related contractor related contractor is unsuitable under this ‘‘(B) through a surety bond guaranteed by or beneficiary; or subsection; or a guarantor acceptable to the Chairman; or ‘‘(II) deliberately or substantially failed to ‘‘(ii) revoke a suitability determination ‘‘(C) through an irrevocable letter of credit comply with— under this subsection. issued by a banking institution acceptable to ‘‘(aa) the gaming-related contract; or ‘‘(E) TEMPORARY SUITABILITY.— the Chairman. ‘‘(bb) a tribal gaming ordinance or resolu- ‘‘(i) IN GENERAL.—For purposes of meeting ‘‘(4) USE OF BONDS.—The Chairman shall tion adopted and approved pursuant to this a deadline under paragraph (1)(C), the Chair- use a bond provided under this subsection to Act; man may determine that a gaming-related pay the costs of a failure of the gaming-re- ‘‘(iv) the Indian tribe with jurisdiction contractor is temporarily suitable if— lated contractor that provided the bond to over the Indian lands on which the gaming ‘‘(I) the Chairman determined the gaming- perform under a gaming-related contract. activity is located will not receive the pri- related contractor to be suitable with re- ‘‘(e) APPEAL OF DETERMINATION.— mary benefit as sole proprietor of the gam- spect to another gaming-related contract ‘‘(1) IN GENERAL.—An Indian tribe or a ing activity, taking into consideration any being carried out on the date on which the gaming-related contractor may submit to agreement relating to the gaming activity; Chairman makes a determination under this the Commission a request for an appeal of a ‘‘(v) a trustee would disapprove the gam- paragraph; and determination of the Chairman under sub- ing-related contract, in accordance with the ‘‘(II) the gaming-related contractor has not section (c) or (d). duties of skill and diligence of the trustee, otherwise been determined to be unsuitable ‘‘(2) DETERMINATION OF COMMISSION.— because the compensation or fees under the by the Chairman. ‘‘(A) HEARINGS.—The Commission shall gaming-related contract do not bear a rea- ‘‘(ii) FINAL DETERMINATION.—The Chairman schedule a hearing relating to an appeal sonable relationship to the cost of the goods shall make a suitability determination with under paragraph (1) by not later than 30 days or the benefit of the services provided under respect to a gaming-related contractor that after the date on which a request for the ap- the gaming-related contract; or is the subject of a temporary suitability de- peal is received. ‘‘(vi) a person or an Indian tribe would vio- termination under clause (i) by the date de- ‘‘(B) DEADLINE FOR DETERMINATION.—The late this Act— scribed in subparagraph (A), in accordance Commission shall make a determination, by ‘‘(I) on approval of the gaming-related con- with subparagraph (F). majority vote of the Commission, relating to tract; or ‘‘(F) UPDATING DETERMINATIONS.—The an appeal under this subsection by not later ‘‘(II) in carrying out the gaming-related Chairman, as the Chairman determines to be than 5 days after the date of the hearing re- contract. appropriate, may limit an investigation of lating to the appeal under subparagraph (A).

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‘‘(C) CONCURRENCE.—If the Commission ‘‘(i) a description of any act or omission ‘‘(4) EFFECT OF SUBSECTION.—Notwith- concurs with a determination of the Chair- that is the basis of the belief of the Commis- standing any other provision of this sub- man under this subsection, the determina- sion; and section, land that, before the date of enact- tion shall be considered to be a final agency ‘‘(ii) a description of any action being con- ment of the Indian Gaming Regulatory Act action. sidered by the Commission relating to the Amendments of 2005, was determined by the ‘‘(D) DISSENT.— act or omission. Secretary or the Chairman to be eligible to ‘‘(i) IN GENERAL.—If the Commission dis- ‘‘(B) REQUIREMENTS.—A written complaint be used for purposes of gaming shall con- sents from a determination of the Chairman under subparagraph (A)— tinue to be eligible for those purposes.’’. under this subsection, the Chairman may— ‘‘(i) shall be written in common and con- SEC. 11. CONFORMING AMENDMENT. ‘‘(I) rescind the determination of the cise language; (a) IN GENERAL.—Section 123(a)(2) of the Chairman; or ‘‘(ii) shall identify any statutory or regu- Department of the Interior and Related ‘‘(II) on a finding of immediate and irrep- latory provision relating to an alleged viola- Agencies Appropriations Act, 1998 (Public arable harm to the Indian tribe that is the tion by the Indian tribe or party; and Law 105–83; 111 Stat. 1566) is amended— subject of the determination, maintain the ‘‘(iii) shall not be written only in statutory (1) in subparagraph (A), by adding ‘‘and’’ at determination. or regulatory language.’’; the end; ‘‘(ii) FINAL AGENCY ACTION.—A decision by (2) in subsection (b)— (2) in subparagraph (B), by striking ‘‘; and’’ the Chairman to maintain a determination (A) by striking ‘‘(b)(1) The Chairman’’ and and inserting a period; and under clause (i)(II) shall be considered to be inserting the following: (3) by striking subparagraph (C). a final agency action. ‘‘(b) TEMPORARY CLOSURES.— (b) APPLICABILITY.—Notwithstanding any ‘‘(3) APPEAL OF COMMISSION DETERMINA- ‘‘(1) IN GENERAL.—The Chairman’’; other provision of law, section 18(a) of the TION.—An Indian tribe, a gaming-related con- (B) in paragraph (1)— Indian Gaming Regulatory Act (25 U.S.C. tractor, or a beneficiary of a gaming-related (i) by striking ‘‘Indian game’’ and inserting 2717(a)) shall apply to all Indian tribes. contract may appeal a determination of the ‘‘Indian gaming activity, or any part of such Commission under paragraph (2) to the a gaming activity,’’; and By Mr. SMITH (for himself, Mr. United States District Court for the District (ii) by striking ‘‘section 11 or 13 of this THUNE, Mr. ALLARD, Mr. BURNS, of Columbia. Act’’ and inserting ‘‘section 11 or 13’’; and and Mr. THOMAS): ‘‘(f) CONVEYANCE OF REAL PROPERTY.—No (C) in paragraph (2)— gaming-related contract under this Act shall (i) by striking ‘‘(2) Not later than thirty’’ S. 2079. A bill to improve the ability transfer or otherwise convey any interest in and inserting the following: of the Secretary of Agriculture and the land or other real property unless the trans- ‘‘(2) HEARINGS.— Secretary of the Interior to promptly fer or conveyance— ‘‘(A) IN GENERAL.—Not later than 30’’; implement recovery treatments in re- ‘‘(1) is authorized under law; and (ii) in subparagraph (A) (as designating by sponse to catastrophic events affecting ‘‘(2) is specifically described in the gaming- clause (i))— the natural resources of Forest Service related contract. (I) by striking ‘‘management contractor’’ land and Bureau of Land Management ‘‘(g) CONTRACT AUTHORITY.—The authority and inserting ‘‘party to a gaming-related Land, respectively, to support the re- of the Secretary under section 2103 of the Re- contract’’; and vised Statutes (25 U.S.C. 81) relating to con- (II) by striking ‘‘permanent’’ and inserting covery of non-Federal land damaged by tracts under this Act is transferred to the ‘‘final’’; and catastrophic events, to assist impacted Commission. (iii) in the second sentence— communities, to revitalize Forest Serv- ‘‘(h) NO EFFECT ON TRIBAL AUTHORITY.— (I) by striking ‘‘Not later than sixty’’ and ice experimental forests, and for other This section does not expand, limit, or other- inserting the following: purposes; to the Committee on Energy wise affect the authority of any Indian tribe ‘‘(B) DETERMINATION OF COMMISSION.—Not and Natural Resources. or any party to a Tribal-State compact to in- later than 60’’; and Mr. BURNS. Mr. President, I rise vestigate, license, or impose a fee on a gam- (II) by striking ‘‘permanent’’ and inserting today in support of the Forests for Fu- ing-related contractor.’’. ‘‘final’’; SEC. 9. CIVIL PENALTIES. (3) in subsection (c), by striking ‘‘(c) A de- ture Generations Act, because it ad- Section 14 of the Indian Gaming Regu- cision’’ and inserting the following: dresses a very serious problem in our latory Act (25 U.S.C. 2713) is amended— ‘‘(c) APPEAL OF FINAL DETERMINATIONS.—A National Forests. I am not sure how (1) by striking the section designation and determination’’; and many people in this body have wit- heading and all that follows through sub- (4) in subsection (d), by striking ‘‘(d) Noth- nessed the devastation of a cata- section (a) and inserting the following: ing’’ and inserting the following: strophic wildfire, but I recommend ‘‘SEC. 14. CIVIL PENALTIES. ‘‘(d) EFFECT ON REGULATORY AUTHORITY OF that everyone tour a burned over for- ‘‘(a) PENALTIES.— INDIAN TRIBES.—Nothing’’. est. It is a sobering reality, often re- ‘‘(1) VIOLATION OF ACT.— SEC. 10. GAMING ON LATER-ACQUIRED LAND. sembling a moonscape. ‘‘(A) IN GENERAL.—An Indian tribe, indi- Section 20(b) of the Indian Gaming Regu- The worst fire year in recent Mon- vidual, or entity that violates any provision latory Act (25 U.S.C. 2719(b)) is amended— of this Act (including any regulation of the (1) in paragraph (1)— tana history was the summer of 2000, Commission and any Indian tribal regula- (A) in subparagraph (A), by striking ‘‘ (A) when we burned 945,000 acres of produc- tion, ordinance, or resolution approved under the Secretary, after consultation’’ and in- tive Montana land. After months of section 11 or 13) in carrying out a gaming-re- serting the following: smoke-filled air, we were left with lated contract may be subject to, as the ‘‘(A)(i) before November 18, 2005, the Sec- decimated wildlife habitat, charred Chairman determines to be appropriate— retary reviewed, or was in the process of re- hillsides, sediment-filled streams, and ‘‘(i) an appropriate civil fine, in an amount viewing, at the Central Office of the Bureau millions of board feet of dead, standing not to exceed $25,000 per violation per day; or of Indian Affairs, Washington, DC, the peti- timber. Active forest management ‘‘(ii) an order of the Chairman for an ac- tion of an Indian tribe to have land taken counting and disgorgement, including inter- into trust for purposes of gaming under this would require that restoration of these est. Act; and fragile soils and ecosystems begin as ‘‘(B) APPLICATION TO INDIAN TRIBES.—An In- ‘‘(ii) the Secretary, after consultation’’; soon as possible, but that is almost dian tribe shall not be subject to and never the case on national forest land. disgorgement under subparagraph (A)(ii) un- (B) in subparagraph (B)— Instead, we spend millions of dollars less the Chairman determines that the In- (i) in clause (i), by striking the comma at and thousands of hours writing a plan dian tribe grossly violated a provision of this the end and inserting the following: ‘‘under to restore the burned area, which is in- Act. Federal statutory law, if the land is within a evitably appealed, challenged, and liti- ‘‘(2) APPEALS.—The Chairman shall pro- State in which is located— vide, by regulation, an opportunity to appeal ‘‘(I) the reservation of such Indian tribe; or gated by an environmental group. We a determination relating to a violation under ‘‘(II) the last recognized reservation of end up arguing in the courtroom when paragraph (1). such Indian tribe;’’; we should be working in the forest. ‘‘(3) WRITTEN COMPLAINTS.— (ii) in clause (ii), by striking ‘‘, or’’ and in- I have seen side-by-side sections of ‘‘(A) IN GENERAL.—If the Commission has serting ‘‘if, as determined by the Secretary, land where private landowners or even reason to believe that an Indian tribe or a the Indian tribe has a temporal, cultural, the State of Montana has taken quick party to a gaming-related contract may be and geographic nexus to the land; or’’; and action and removed some dead or dying subject to a penalty under paragraph (1), the (iii) in clause (iii), by inserting before the timber then replanted the forest. News final closure of an Indian gaming activity, or period at the end the following: ‘‘if, as deter- a modification or termination order relating mined by the Secretary, the Indian tribe has are growing on the private land before to the gaming-related contract, the Chair- a temporal, cultural, and geographic nexus any of the Federal timber is even har- man shall provide to the Indian tribe or to the land’’; and vested. It is amazing to me, and it party a written complaint, including— (2) by adding at the end the following: makes absolutely no sense. For that

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13394 CONGRESSIONAL RECORD — SENATE November 18, 2005 reason I am happy to cosponsor this Whereas the Honorable Henry Morgenthau, 1915 . . . offenses which had been committed bill, because it is time to reintroduce United States Ambassador to the Ottoman on Turkish territory against persons of some common sense into a system that Empire from 1913 to 1916, organized and led Turkish citizenship, though of Armenian or has gone far off the tracks. protests by officials of many countries, Greek race. This article constitutes there- among them the allies of the Ottoman Em- fore a precedent for Article 6c and 5c of the f pire, against the Armenian Genocide; Nuremberg and Tokyo Charters, and offers SUBMITTED RESOLUTIONS Whereas Ambassador Morgenthau explic- an example of one of the categories of itly described to the Department of State ‘crimes against humanity’ as understood by the policy of the Government of the Ottoman these enactments’’; Empire as ‘‘a campaign of race extermi- Whereas House Joint Resolution 148, 94th SENATE RESOLUTION 320—CALL- nation’’, and was instructed on July 16, 1915, ING ON THE PRESIDENT TO EN- Congress, adopted by the House of Rep- by Secretary of State Robert Lansing that resentatives on April 8, 1975, resolved that SURE THAT THE FOREIGN POL- the ‘‘Department approves your procedure ‘‘April 24, 1975, is hereby designated as ‘Na- ICY OF THE UNITED STATES RE- . . . to stop Armenian persecution’’; tional Day of Remembrance of Man’s Inhu- FLECTS APPROPRIATE UNDER- Whereas Senate Concurrent Resolution 12, manity to Man’, and the President of the STANDING AND SENSITIVITY 64th Congress, agreed to July 18, 1916, re- United States is authorized and requested to CONCERNING ISSUES RELATED solved that ‘‘the President of the United issue a proclamation calling upon the people States be respectfully asked to designate a of the United States to observe such day as TO HUMAN RIGHTS, ETHNIC day on which the citizens of this country a day of remembrance for all the victims of CLEANSING, AND GENOCIDE DOC- may give expression to their sympathy by genocide, especially those of Armenian an- UMENTED IN THE UNITED contributing funds now being raised for the cestry’’; STATES RECORD RELATING TO relief of the Armenians’’, who, at that time, Whereas Proclamation 4838 of April 22, 1981 were enduring ‘‘starvation, disease, and un- THE ARMENIAN GENOCIDE (95 Stat. 1813) issued by President Ronald told suffering’’; Reagan, stated, in part, that ‘‘[l]ike the Mr. ENSIGN (for himself and Mr. Whereas President Woodrow Wilson agreed DURBIN) submitted the following reso- with such Concurrent Resolution and en- genocide of the Armenians before it, and the lution; which was referred to the Com- couraged the formation of the organization genocide of the Cambodians which followed mittee on Foreign Relations: known as Near East Relief, which was incor- it—and like too many other persecutions of too many other people—the lessons of the S. RES 320 porated by the Act of August 6, 1919, 66th Congress (41 Stat. 273, chapter 32); Holocaust must never be forgotten’’; Whereas the Armenian Genocide was con- Whereas, from 1915 through 1930, Near East Whereas House Joint Resolution 247, 98th ceived and carried out by the Ottoman Em- Relief contributed approximately $116,000,000 Congress, adopted by the House of Rep- pire from 1915 to 1923, resulting in the depor- to aid survivors of the Armenian Genocide, resentatives on September 10, 1984, resolved tation of nearly 2,000,000 Armenians, of including aid to approximately 132,000 Arme- that ‘‘April 24, 1985, is hereby designated as whom 1,500,000 men, women, and children nian orphans; ‘National Day of Remembrance of Man’s In- were killed, 500,000 survivors were expelled Whereas Senate Resolution 359, 66th Con- humanity to Man’, and the President of the from their homes, and which succeeded in gress, agreed to May 11, 1920, stated in part, United States is authorized and requested to the elimination of more than 2,500-year pres- ‘‘the testimony adduced at the hearings con- issue a proclamation calling upon the people ence of Armenians in their historic home- ducted by the subcommittee of the Senate of the United States to observe such day as land; Committee on Foreign Relations have clear- a day of remembrance for all the victims of Whereas, on May 24, 1915, the Allied Powers ly established the truth of the reported mas- genocide, especially the one and one-half issued the joint statement of England, sacres and other atrocities from which the million people of Armenian ancestry’’; France, and Russia that explicitly charged, Armenian people have suffered’’; Whereas, in August 1985, after extensive for the first time ever, another government Whereas such Senate Resolution followed study and deliberation, the United Nations of committing ‘‘a crime against humanity’’; the report to the Senate of the American Sub-Commission on Prevention of Discrimi- Whereas that joint statement stated ‘‘the Military Mission to Armenia, which was led nation and Protection of Minorities voted 14 Allied Governments announce publicly to by General James Harbord, dated April 13, to 1 to accept a report entitled ‘‘Study of the the Sublime Porte that they will hold per- 1920, that stated ‘‘[m]utilation, violation, Question of the Prevention and Punishment sonally responsible for these crimes all mem- torture, and death have left their haunting of the Crime of Genocide’’, which stated bers of the Ottoman Government, as well as memories in a hundred beautiful Armenian ‘‘[t]he Nazi aberration has unfortunately not those of their agents who are implicated in valleys, and the traveler in that region is been the only case of genocide in the 20th such massacres’’; seldom free from the evidence of this most century. Among other examples which can Whereas the post-World War I Turkish colossal crime of all the ages’’; be cited as qualifying are . . . the Ottoman Government indicted the top leaders in- Whereas, as displayed in the United States massacre of Armenians in 1915–1916’’; volved in the ‘‘organization and execution’’ Holocaust Memorial Museum, Adolf Hitler, Whereas such report also explained that of the Armenian Genocide and in the ‘‘mas- on ordering his military commanders to at- ‘‘[a]t least 1,000,000, and possibly well over sacre and destruction of the Armenians’’; tack Poland without provocation in 1939, dis- half of the Armenian population, are reliably Whereas in a series of courts-martial, offi- missed objections by saying ‘‘[w]ho, after all, estimated to have been killed or death cials of the Young Turk Regime were tried speaks today of the annihilation of the Ar- marched by independent authorities and eye- and convicted on charges of organizing and menians?’’ and thus set the stage for the Hol- witnesses and this is corroborated by reports executing massacres against the Armenian ocaust; in United States, German, and British ar- people; Whereas Raphael Lemkin, who coined the chives and of contemporary diplomats in the Whereas the officials who were the chief term ‘‘genocide’’ in 1944, and who was the Ottoman Empire, including those of its ally organizers of the Armenian Genocide, Min- earliest proponent of the Convention on the Germany’’; ister of War Enver, Minister of the Interior Prevention and Punishment of Genocide, in- Whereas the United States Holocaust Me- Talaat, and Minister of the Navy Jemal, voked the Armenian case as a definitive ex- morial Council, an independent Federal were tried by military tribunals, found ample of genocide in the 20th century; agency that serves as the board of trustees of guilty, and condemned to death for their Whereas the first resolution on genocide the United States Holocaust Memorial Mu- crimes, however, the punishments imposed adopted by the United Nations, United Na- seum pursuant to section 2302 of title 36, by the tribunals were not enforced; tions General Assembly Resolution 96(1), United States Code, unanimously resolved on Whereas the Armenian Genocide and the dated December 11, 1946, (which was adopted April 30, 1981, that the Museum would ex- failure to carry out the death sentence at the urging of Raphael Lemkin), and the hibit information regarding the Armenian against Enver, Talaat, and Jemal are docu- Convention on the Prevention and Punish- Genocide and the Museum has since done so; mented with overwhelming evidence in the ment of Genocide, done at Paris December 9, Whereas, reviewing an aberrant 1982 ex- national archives of Austria, France, Ger- 1948, recognized the Armenian Genocide as pression by the Department of State (which many, Russia, the United Kingdom, the the type of crime the United Nations in- was later retracted) that asserted that the United States, the Vatican, and many other tended to prevent and punish by codifying facts of the Armenian Genocide may be am- countries, and this vast body of evidence at- existing standards; biguous, the United States Court of Appeals tests to the same facts, the same events, and Whereas, in 1948, the United Nations War for the District of Columbia in 1993, after a the same consequences; Crimes Commission invoked the Armenian review of documents pertaining to the policy Whereas the National Archives and Genocide as ‘‘precisely . . . one of the types record of the United States, noted that the Records Administration of the United States of acts which the modern term ‘crimes assertion on ambiguity in the United States holds extensive and thorough documentation against humanity’ is intended to cover’’ and record about the Armenian Genocide ‘‘con- on the Armenian Genocide, especially in its as a precedent for the Nuremberg tribunals; tradicted longstanding United States policy holdings for the Department of State under Whereas such Commission stated that and was eventually retracted’’; Record Group 59, files 867.00 and 867.40, which ‘‘[t]he provisions of Article 230 of the Peace Whereas, on June 5, 1996, the House of Rep- are open and widely available to the public Treaty of Sevres were obviously intended to resentatives adopted an amendment to H.R. and interested institutions; cover, in conformity with the Allied note of 3540, 104th Congress (the Foreign Operations,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13395 Export Financing, and Related Programs Ap- dom—necessary to act to prevent a rep- quality of life for individuals with disabil- propriations Act, 1997), to reduce aid to Tur- etition of these terrible crimes. Be- ities; key by $3,000,000 (an estimate of its payment cause the problem isn’t simply a mat- Whereas Alan Reich was born in Pearl of lobbying fees in the United States) until ter of knowing, but about knowing River, New York, was a well-respected and the Turkish Government acknowledged the beloved member of his family, and served as Armenian Genocide and took steps to honor when and how to act. an inspirational figure in the disability com- the memory of its victims; Senator ENSIGN and I have submitted munity; Whereas President William Jefferson Clin- a resolution that acknowledges the suf- Whereas Alan Reich— ton, on April 24, 1998, stated, ‘‘[t]his year, as fering of those destroyed by the Arme- (1) graduated from Dartmouth College in in the past, we join with Armenian-Ameri- nian genocide. 1952, where he was an all-American track and cans throughout the nation in commemo- It calls on the President to remember field athlete; rating one of the saddest chapters in the his- the hard lessons of the Armenian geno- (2) received a Master’s degree in Russian tory of this century, the deportations and literature from Middlebury College in 1953; cide in the conduct of U.S. foreign pol- (3) was awarded a diploma in Slavic lan- massacres of a million and a half Armenians icy and to assure that our knowledge of in the Ottoman Empire in the years 1915– guages and Eastern European studies from 1923’’; this terrible crime informs our human the University of Oxford; (4) received an M.B.A. from Harvard Uni- Whereas President George W. Bush, on rights policies. As I said, the Armenian genocide was versity in 1959; and April 24, 2004, stated, ‘‘[o]n this day, we (5) was a brilliant linguist who spoke 5 lan- pause in remembrance of one of the most the first genocide of the 20th century. guages; horrible tragedies of the 20th century, the It was also the first time that the Whereas Alan Reich served in the Army annihilation of as many as 1,500,000 Arme- American public found itself con- from 1953 to 1957 as an infantry officer and nians through forced exile and murder at the fronting such a cruel, man-made catas- Russian language interrogation officer in end of the Ottoman Empire’’; and trophe. Germany, and was named as a member of the Whereas, despite the international recogni- United States Army Infantry Officer Can- tion and affirmation of the Armenian Geno- America closely followed the crisis. In 1915, the New York Times alone pub- didate School Hall of Fame; cide, the failure of the domestic and inter- Whereas Alan Reich married Gay Forsythe national authorities to punish those respon- lished 145 articles on the Armenian 1 Reich, and shared with her 50 years of mar- sible for the Armenian Genocide is a reason massacres, roughly one every 2 ⁄2 days. riage and a deep commitment to each other why similar genocides have recurred and Dedicated and courageous American and their three children, James, Jeffery, and may recur in the future, and that a just reso- diplomats tried to end the carnage. Our Elizabeth; lution will help prevent future genocides: ambassador to Constantinople, Henry Whereas from 1960 to 1970, Alan Reich was Now, therefore, be it Morgenthau, played an important role employed as an executive at Polaroid Cor- Resolved, That the Senate— poration when, at age 32, he became a quad- (1) calls on the President to ensure that in bringing the massacres to the atten- tion of the outside world. riplegic due to a swimming accident, and the foreign policy of the United States re- used a wheelchair as a result of his injury; flects appropriate understanding and sensi- Americans, such as Mark Twain, Henry Adams, and Clara Barton, spoke Whereas although Alan Reich was told he tivity concerning issues related to human would not drive or write again, he relearned rights, ethnic cleansing, and genocide docu- out against the massacres and a broad- both skills and returned to work at Polaroid mented in the United States record relating based American humanitarian move- Corporation; to the Armenian Genocide and the con- ment sought to provide relief to the Whereas Alan Reich— sequences of the failure to realize a just reso- desperate Armenians and pushed the (1) served in the Department of State from lution; and 1970 to 1975 as a Deputy Assistant Secretary (2) calls on the President, in the Presi- U.S. Government to protect the vic- tims from further violence. It was the for Educational and Cultural Affairs; dent’s annual message commemorating the (2) later served as Director of the Bureau of Armenian Genocide issued on or about April birth of the American international East-West Trade for the Department of Com- 24 to accurately characterize the systematic human rights movement. merce; and deliberate annihilation of 1,500,000 Arme- The Near East Relief Organization, (3) was named the President of the United nians as genocide and to recall the proud his- founded in 1919 to assist Armenian ref- States Council for the International Year of tory of United States intervention in opposi- ugees, provided more than $116 million Disabled Persons in 1978; and tion to the Armenian Genocide. for the cause during its 10-year life- (4) was the first person to address the Mr. DURBIN. Mr. President, I rise United Nations General Assembly from a time—the equivalent of more than $1 today to recall and to honor the 1.5 wheelchair when the United Nations opened billion in today’s money. million Armenians killed by the Otto- the International Year of the Disabled in We need to recapture that energy and 1981; man government between 1915 and 1923. determination because the best way to Whereas in 1982, Alan Reich transformed Genocides claimed the lives of some 60 honor those who died is to recognize the Council for the International Year of million people in the century just past, their suffering and dedicate ourselves Disabled Persons into the National Organiza- 16 million after the end of the Second to preventing such a destruction of en- tion on Disability, an organization that ac- World War, when we told ourselves, tively seeks on national, State, and local tire communities in the future. ‘‘Never again.’’ The Armenian Geno- levels full and equal participation for indi- Recognizing the Armenian genocide cide was the 20th century’s first geno- viduals with disabilities in all aspects of life; takes on added importance in the face cide, a vicious, organized crime against Whereas Alan Reich— of the genocide occurring right now in (1) founded the Bimillennium Foundation humanity that included murder, depor- the Darfur region of Sudan. As we in 1984 to encourage national leaders to set tation, torture, and slave labor. pause to reflect upon this grievous ex- goals aimed at improving the lives of people Some would ignore the Armenian vic- with disabilities for the year 2000; tims and forget how they died. We need ample of man’s inhumanity to man, let (2) served as past Chairman of the People- to fight against such forgetfulness. us honor the victims of the Armenian to-People Committee on Disability; and An Armenian named Vahram genocide and all crimes against hu- (3) worked to advance research in regenera- Dadrian was a survivor of the genocide manity not only by acknowledging tion of the central nervous system as Chair- and wrote about his experiences in a their suffering, but also by acting to man of the Paralysis Cure Research Founda- tion and as President of the National Para- moving memoir. But by the 1940s, he halt similar atrocities that are occur- ring now before our very eyes. plegia Foundation; had begun to lose hope. ‘‘Everything Whereas Alan Reich, who used a wheel- has been forgotten,’’ he wrote, ‘‘our f chair for 43 years, led an effort that raised . . . dead could never have imagined, SENATE RESOLTUION 321—COM- $1,650,000 to add the statue of Franklin Dela- even for a fraction of a moment, that MEMORATING THE LIFE, no Roosevelt in a wheelchair to the memo- they would have been forgotten so rial of the former President in Washington, ACHIEVEMENTS, AND CONTRIBU- D.C.; soon.’’ TIONS OF ALAN A. REICH We must restore that lost hope. We Whereas Alan Reich stated in 2001, ‘‘The must not forget. To do so would dis- Mr. DEWINE (for himself and Mr. unveiling is a major national moment, the honor the memories of the dead and HARKIN) submitted the following reso- removal of the shroud of shame that cloaks disability. The statue will become a shrine send a message to the world that we lution; which was referred to the Com- mittee on the Judiciary: to people with disabilities, but it will also in- might tolerate genocide. spire everyone to overcome obstacles. When We will not tolerate the intolerable. S. RES. 321 you see the memorial that follows the stat- We will remember, and in doing so, cul- Whereas Alan Reich devoted his life to ue, what will be in your mind is that he did tivate the knowledge—and the wis- civic involvement and efforts to improve the all this from a wheelchair.’’;

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13396 CONGRESSIONAL RECORD — SENATE November 18, 2005 Whereas in July 2005, Alan Reich received My wife Fran and I extend our deep- SENATE RESOLUTION 322—EX- the George H. W. Bush Medal, an award es- est sympathy to Alan Reich’s family PRESSING THE SENSE OF THE tablished to honor outstanding service under for their loss. SENATE ON THE TRIAL, SEN- the Americans with Disabilities Act of 1990 TENCING, AND IMPRISONMENT (42 U.S.C. 12101 et seq.); Mr. HARKIN. Mr. President, I am Whereas Alan Reich is survived by his wife, OF MIKHAIL KHODORKOVSKY honored to be the lead Democratic co- AND PLATON LEBEDEV partner, and best friend, Gay, their 2 sons sponsor of this resolution to com- James and Jeffery, their daughter Elizabeth, Mr. BIDEN (for himself, Mr. MCCAIN, and 11 grandchildren; and memorate the life, achievements and and Mr. OBAMA) submitted the fol- Whereas Alan Reich passed away on No- contributions of Alan Reich. lowing resolution; which was consid- vember 8, 2005, and the contributions he I was greatly saddened, last week, to made to his family, his community, and his ered and agreed to: Nation will not be forgotten: Now, therefore, hear about the passing of this great S. RES. 322 be it and passionate advocate for the rights Whereas the United States supports the de- Resolved, That the Senate— of people with disabilities. As many velopment of democracy, civil society, and (1) honors the life, achievements, and con- Senators know very well, Alan was the the rule of law in the Russian Federation; tributions of Alan Reich; Whereas the rule of law and the guarantee (2) extends its deepest sympathies to the founder and president emeritus of the National Organization on Disability. of equal justice under the law are funda- family of Alan Reich for their loss of this mental attributes of democratic societies; great and generous man; and Over the past 25 years, both he and the Whereas the trial, sentencing, and impris- (3) respectfully requests the Secretary of National Organization on Disability onment of Mikhail Khodorkovsky and the Senate to transmit a copy of this resolu- have been tremendously effective advo- Platon Lebedev have raised troubling ques- tion to the family of Alan Reich. cates for the full and equal participa- tions about the impartiality and integrity of Mr. DEWINE. Mr. President, I am the judicial system in Russia; pleased today join with Senator HAR- tion of persons with disabilities in all Whereas the Department of State 2004 KIN to submit a resolution commemo- aspects of American life. Country Report on Human Rights Practices rating the many contributions and The achievements of Alan Reich, and in Russia stated that the arrest of Mr. achievements of Alan Reich, who was the sheer breadth of his activism and Khodorkovsky was ‘‘widely believed to have an inspirational figure in the disability been prompted, at least in part, by the con- leadership, are simply remarkable. community. Alan Reich devoted his siderable financial support he provided to op- own life to the improving the quality While president of the National Organi- position groups;’’ of life for so many others—especially zation on Disability, he built a broad Whereas Secretary of State Condoleezza coalition of disability groups that suc- Rice has remarked that the arrest of Mr. individuals with disabilities. He re- Khodorkovsky and the dismantling of his cently passed away on November 8, cessfully fought for the inclusion of a company have ‘‘raised significant concerns’’ 2005, at the age of 75. statue of President Roosevelt in a about the independence of the judiciary in Alan Reich was the founder of the wheelchair at the FDR Memorial. He Russia; National Organization on Disability. spearheaded critical research to track Whereas the independent non-govern- This organization is active on a local, the progress of Americans with disabil- mental organization Freedom House has as- State, and national level in efforts to serted that the conviction of Mr. ities in key areas of life. He founded seek full and equal participation for Khodorkovsky ‘‘underscores the serious ero- people with disabilities in all aspects of and chaired the Paralysis Cure Re- sion of the rule of law and growing intoler- life. You see, at the young age of 32, search Foundation; was president of ance for political dissent in Russia’’; Alan became a quadriplegic following a what became the National Spinal Cord Whereas upon concluding an investigation Injury Association; and he founded the of the facts surrounding the case of Mr. swimming accident. He used a wheel- Khodorkovsky and Mr. Lebedev, the Human chair as a result of this injury. While National Task Force on Disability. Rights Committee of the Parliamentary As- Alan was told he would not drive or Alan also led the way in taking the dis- sembly of the Council of Europe determined write again, he relearned both skills ability rights movement into the inter- that the two men were ‘‘arbitrarily singled and went on to become an inspiration national arena. He chaired the World out’’ by the Russia authorities, violating the for all those in the disability commu- principle of equality before the law; Committee on Disability, and was the Whereas in May 2005, a Moscow court sen- nity. In 1990, he received the George first individual using a wheelchair to H.W. Bush Medal for outstanding serv- tenced Mr. Khodorkovsky to serve 9 years in address the United Nations General As- prison; ice under the Americans with Disabil- Whereas Article 73 of the Russian Criminal ities Act. sembly. For these and many other achievements, Alan was awarded the Penitentiary Code stipulates that except Alan Reich is probably best known under extraordinary circumstances, pris- for leading an effort that raised $1.65 George Bush Medal this past July. oners serve their terms of deprivation of lib- million to add the statue of FOR in a I want to express my own profound erty on the territory of subjects of the Rus- wheelchair to the former President’s respect for this remarkable individual sian Federation where they reside or were memorial here in Washington, DC. As and for all that he accomplished in his convicted; Whereas on or about October 16, 2005, Mr. Alan said in 2001: life. He played a pivotal role in the dis- The unveiling is a major national moment, Khodorkovsky was sent to prison camp YG the removal of the shroud of shame that ability rights revolution that has 14/10 in the Chita Region of Siberia; cloaks disability. The statue will become a transformed this country in important Whereas on or about October 16, 2005, Mr. shrine to people with disabilities, but it will ways in recent decades. He improved Lebedev was sent to penal camp number 98/ also inspire everyone to overcome obstacles. the lives of countless individuals with 3 in the arctic region of Yamal-Nenets; Whereas the transfer of Mr. Khodorkovsky When you see the memorial that follows the disabilities, both in this country and statue, what will be in your mind is that he and Mr. Lebedev constitutes an apparent vio- did all this from a wheelchair. throughout the world. And, perhaps lation of Russia law and hearkens back to best of all, he has left a living legacy in the worst practices and excesses of the So- Alan Reich married his best friend viet era; and partner in life, Gay Forsythe the form of the advocacy organizations he founded, which will now continue Whereas a broad coalition of human rights Reich. They shared 50 years of mar- advocates and intellectuals in Russia have riage and were deeply committed to his work into the future. appealed to Vladimir Lukin, the Human each other and to their 3 children— Alan Reich was a wonderful advocate Rights Commissioner of the Russian Federa- James, Jeffery, and Elizabeth–as well and a great American. He fought with tion, to investigate and rectify any abuse of Russia law associated with the transfer of as their 11 grandchildren. all his heart to win equity, access, and Alan Reich’s contributions to his Mr. Khodorkovsky and Mr. Lebedev; and opportunity for people with disabil- family, his community, and to this Na- Whereas the selective disregard for the tion will never be forgotten. As ities. He changed countless lives, and rule of law by officials of the Russian Fed- eration further undermines the standing and Chesterton said many years ago, made America a much better and fairer society. For all these reasons, the status of the Russian Federation among the ‘‘Great men do great things even when democratic nations of the world: Now, there- they’re gone.’’ That is certainly true of United States Senate honors Alan fore, be it Alan Reich. His legacy will live on al- Reich, today, with this resolution ex- Resolved, That it is the sense of the Senate ways. pressing our respect and appreciation. that—

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13397 (1) the criminal justice system in Russia which lists all authorized top-level Internet sult in a less functional Internet with dimin- has not accorded Mikhail Khodorkovsky and domains; ished benefits for all people; Platon Lebedev fair, transparent, and impar- Whereas the recently articulated prin- Whereas in the Declaration of Principles of tial treatment under the laws of the Russian ciples of the United States on the domain the First World Summit on the Information Federation; name and addressing system of the Internet Society, held in Geneva in 2003, delegates (2) the standing and status of the Russian (DNS) are that— from 175 nations declared the ‘‘common de- Federation among the democratic nations of (1) the Federal Government will— sire and commitment to build a people-cen- the world would be greatly enhanced if the (A) preserve the security and stability of tered, inclusive and development oriented authorities of the Russian Federation were the DNS; Information Society, where everyone can to take the necessary actions to dispel wide- (B) take no action with the potential to ad- create, access, utilize and share information spread concerns that— versely affect the effective and efficient op- and knowledge’’; (A) the criminal cases against Mr. eration of the DNS; and Whereas delegates at the First World Sum- Khodorkovsky, Mr. Lebedev, and their asso- (C) maintain the historic role of the United mit also reaffirmed, ‘‘as an essential founda- ciates are politically motivated; States regarding modifications to the root tion of the Information Society, and as out- (B) the transfer of Mr. Khodorkovsky and zone file; lined in Article 19 of the Universal Declara- Mr. Lebedev to prison camps thousands of (2) governments have a legitimate interest tion of Human Rights, that everyone has the kilometers from their homes and families in the management of country code top level right to freedom of opinion and expression’’ represents a violation of the norms and prac- domains (ccTLD); and that ‘‘this right includes freedom to hold tices of Russia law; and (3) the United States is committed to opinions without interference and to seek, (C) in cases dealing with perceived polit- working with the international community receive and import information and ideas ical threats to the authorities, the judiciary to address the concerns of that community through any media and regardless of fron- of Russia is an instrument of the Kremlin in accordance with the stability and security tiers’’; and such judiciary is not truly independent; of the DNS; Whereas the United Nations Secretary (4) ICANN is the appropriate technical and General has stated the objective of the 2005 manager of the Internet, and the United (3) notwithstanding any other disposition World Summit on the Information Society in States will continue to provide oversight so of the cases of Mr. Khodorkovsky and Mr. Tunis is to ensure ‘‘benefits that new infor- that ICANN maintains focus and meets its mation and communication technologies, in- Lebedev, and without prejudice to further core technical mission; and disposition of same, Mr. Khodorkovsky and cluding the Internet, can bring to economic (5) dialogue relating to Internet govern- and social development’’ and that ‘‘to defend Mr. Lebedev should be transferred to penal ance should continue in multiple relevant facilities with locations that are consonant the Internet is to defend freedom itself’’; and fora, and the United States encourages an Whereas discussions at the November 2005 with the norms and general practices of Rus- ongoing dialogue with all stakeholders and sia law. World Summit on the Information Society will continue to support market-based ap- may include discussion of transferring con- f proaches and private sector leadership; trol of the Internet to a new intergovern- Whereas the final report issued by the mental entity, and could be the beginning of SENATE RESOLUTION 323—EX- Working Group on Internet Governance a prolonged international debate regarding PRESSING THE SENSE OF THE (WGIG), established by the United Nations the future of Internet governance: Now, SENATE THAT THE UNITED NA- Secretary General in accordance with a man- therefore, be it date given during the first World Summit on TIONS AND OTHER INTER- Resolved, That the Senate— the Information Society, and comprised of 40 (1) calls on the President to continue to op- NATIONAL ORGANIZATIONS members from governments, private sector, pose any effort to transfer control of the SHOULD NOT BE ALLOWED TO and civil society, issued 4 possible models, 1 Internet to the United Nations or any other EXERCISE CONTROL OVER THE of which envisages a Global Internet Council international entity; INTERNET that would assume international Internet (2) applauds the President for— governance; (A) clearly and forcefully asserting that Mr. COLEMAN (for himself, Mr. WAR- Whereas that report contains recommenda- the United States has no present intention of NER, Mr. PRYOR, Mr. SMITH, Mr. tions for relegating the private sector and relinquishing the historic leadership role the DEMINT, Mr. BENNETT, Mr. NELSON of nongovernmental organizations to an advi- United States has played in Internet govern- Florida, Mr. KYL, Mr. ALLEN, Mr. MAR- sory capacity; ance; and TINEZ, Mr. BUNNING, and Mr. CHAM- Whereas the European Union has also pro- (B) articulating a vision of the future of BLISS) submitted the following resolu- posed transferring control of the Internet, the Internet that places privatization over tion; which was considered and agreed including the global allocation of Internet politicization with respect to the Internet; to: Protocol number blocks, procedures for and changing the root zone file, and rules appli- (3) calls on the President to— S. RES. 323 cable to DNS, to a ‘‘new model of inter- (A) recognize the need for, and pursue a Whereas market-based policies and private national cooperation’’ which could confer continuing and constructive dialogue with sector leadership have given the Internet the significant leverage to the Governments of the international community on, the future flexibility to evolve; Iran, Cuba, and China, and could impose an of Internet governance; and Whereas given the importance of the Inter- undesirable layer of politicized bureaucracy (B) advance the values of an open Internet net to the global economy, it is essential on the operations of the Internet that could in the broader trade and diplomatic con- that the underlying domain name system result in an inadequate response to the rapid versations of the United States. and technical infrastructure of the Internet pace of technological change; f remain stable and secure; Whereas some nations that advocate rad- Whereas the Internet was created in the ical change in the structure of Internet gov- SENATE RESOLUTION 324—EX- United States and has flourished under ernance censor the information available to PRESSING SUPPORT FOR THE United States supervision and oversight, and their citizens through the Internet and use PEOPLE OF SRI LANKA IN THE the Federal Government has followed a path the Internet as a tool of surveillance to cur- WAKE OF THE TSUNAMI AND of transferring Internet control from the de- tail legitimate political discussion and dis- THE ASSASSINATION OF THE SRI fense sector to the civilian sector, including sent, and other nations operate tele- LANKAN FOREIGN MINISTER the Internet Corporation for Assigned Names communications systems as state-controlled and Numbers (ICANN) with the goal of full monopolies or highly-regulated and highly- AND URGING SUPPORT AND RE- privatization; taxed entities; SPECT FOR FREE AND FAIR Whereas the developing world deserves the Whereas some nations in support of trans- ELECTIONS IN SRI LANKA access to knowledge, services, commerce, ferring Internet governance to an entity af- Mr. MCCAIN (for himself, Mr. BIDEN, and communication, the accompanying bene- filiated with the United Nations, or another and Mr. LUGAR) submitted the fol- fits to economic development, education, international entity, might seek to have lowing resolution; which was consid- and health care, and the informed discussion such an entity endorse national policies that that is the bedrock of democratic self-gov- block access to information, stifle political ered and agreed to ernment that the Internet provides; dissent, and maintain outmoded communica- S. RES. 324 Whereas the explosive and hugely bene- tions structures; Whereas, on December 26, 2004, Sri Lanka ficial growth of the Internet did not result Whereas the structure and control of Inter- was struck by a tsunami that left some 30,000 from increased government involvement but net governance has profound implications for dead and hundreds of thousands of people from the opening of the Internet to com- homeland security, competition and trade, homeless; merce and private sector innovation; democratization, free expression, access to Whereas the United States and the world Whereas on June 30, 2005, President George information, privacy, and the protection of community recognized the global impor- W. Bush announced that the United States intellectual property, and the threat of some tance of preventing that tragedy from spi- intends to maintain its historic role over the nations to take unilateral actions that raling into an uncontrolled disaster and sent master ‘‘root zone’’ file of the Internet, would fracture the root zone file would re- aid to Sri Lanka to provide immediate relief;

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13398 CONGRESSIONAL RECORD — SENATE November 18, 2005 Whereas the massive tsunami reconstruc- in America has been called an epidemic by Colindres Aleman, Daniel Canales Ramirez, tion effort in Sri Lanka creates significant Transportation Secretary Norman Mineta; Carlos Joaquin Contreras Palacios, Fran- challenges for the country; Whereas according to the National High- cisco Orlando Contreras Recinos, and Jose Whereas the democratic process in Sri way Transportation Safety Administration, Roberto Moreno Canjura, were found guilty Lanka is further challenged by the refusal of wearing a seat belt saved 15,434 lives in 2004; by the Salvadoran courts of the executions the Liberation Tigers of Tamil Eelam, a and of the churchwomen and were sentenced to group that the Secretary of State has des- Whereas the Sunday after Thanksgiving is 30 years in prison, marking the first case in ignated as a Foreign Terrorist Organization, the busiest highway traffic day of the year: the history of El Salvador where a member to renounce violence as a means of effecting Now, therefore, be it of the Salvadoran Armed Forces was con- political change; Resolved, That the Senate— victed of murder by a Salvadoran judge; Whereas, on August 12, 2005, the Sri (1) encourages— Whereas the United Nations Commission Lankan Foreign Minister Lakhsman (A) high schools, colleges, universities, ad- on the Truth for El Salvador was established Kadirgamar was assassinated at his home in ministrators, teachers, primary schools, and under the terms of the historic January 1992 Colombo in a brutal terrorist act that has secondary schools to launch campus-wide Peace Accords that ended El Salvador’s 12 been widely attributed to the Liberation Ti- educational campaigns to urge students to years of civil war and was charged to inves- gers of Tamil Eelam by officials in Sri be careful about safety when driving; tigate and report to the Salvadoran people Lanka, the United States, and other coun- (B) national trucking firms to alert their on human rights crimes committed by all tries; drivers to be especially focused on driving sides during the course of the civil war; Whereas democratic elections are sched- safely during the heaviest traffic day of the Whereas in March 1993, the United Nations uled to be held in Sri Lanka on November 17, year, and to publicize the importance of the Commission on the Truth for El Salvador 2005; and day using Citizen’s band (CB) radios and in found that the execution of the 4 church- Whereas the United States has an interest truck stops across the Nation; women from the United States was planned in a free and fair democratic process in Sri (C) clergy to remind their members to and that Subsergeant Luis Antonio Colindres Lanka, and the peaceful resolution of the in- travel safely when attending services and Aleman carried out orders from a superior to surgency that has afflicted Sri Lanka for gatherings; execute them, and that then Colonel Carlos more than two decades: Now, therefore, be it (D) law enforcement personnel to remind Eugenio Vides Casanova, then Director-Gen- Resolved, That the Senate— drivers and passengers to drive particularly eral of the National Guard and his cousin, (1) expresses its support for the people of safely on the Sunday after Thanksgiving; Lieutenant Colonel Oscar Edgardo Casanova Sri Lanka as they recover from the dev- and Vejar, then Commander of the Zacatecoluca astating tsunami that occurred on December (E) everyone to use the Sunday after military detachment where the murders 26, 2004, and the assassination of the Sri Thanksgiving as an opportunity to educate were committed, and other military per- Lankan Foreign Minister Lakhsman themselves about highway safety; and sonnel knew that members of the National Kadirgamar on August 12, 2005; (2) designates November 27, 2005, as ‘‘Drive Guard had committed the murders pursuant (2) expresses its support for the courageous Safer Sunday’’. to orders of a superior and that the subse- quent coverup of the facts adversely affected decision by the democratically-elected Gov- f ernment of Sri Lanka, following the assas- the judicial investigation into the murders of the 4 churchwomen from the United sination of Foreign Minister Kadirgamar, to SENATE RESOLUTION 327—REMEM- States; remain in discussions with the Liberation BERING AND COMMEMORATING Whereas the United Nations Commission Tigers of Tamil Eelam in an attempt to re- THE LIVES AND WORK OF on the Truth for El Salvador determined solve peacefully the issues facing the people MARYKNOLL SISTERS MAURA that General Jose Guillermo Garcia, then of Sri Lanka; and CLARKE AND ITA FORD, URSU- Minister of Defense, made no serious effort (3) urges all parties in Sri Lanka to remain LINE SISTER DOROTHY KAZEL, to conduct a thorough investigation of re- committed to the negotiating process and to AND CLEVELAND LAY MISSION sponsibility for the murders of the church- make every possible attempt at national rec- women; onciliation. TEAM MEMBER JEAN DONOVAN, WHO WERE EXECUTED BY MEM- Whereas the families of the 4 churchwomen f BERS OF THE ARMED FORCES from the United States continue their efforts OF EL SALVADOR ON DECEMBER to determine the full truth surrounding the SENATE RESOLUTION 325—TO AU- murders of their loved ones, appreciate the THORIZE THE PRINTING OF A 2, 1980 cooperation of United States Government REVISED EDITION OF THE SEN- Mr. FEINGOLD (for himself, Mr. agencies in disclosing and providing docu- ATE ELECTION LAW GUIDEBOOK DODD, and Mr. LEAHY) submitted the ments relevant to the churchwomen’s mur- Mr. LOTT submitted the following following resolution; which was re- ders, and pursue requests to release to the family members the few remaining undis- resolution; which was considered and ferred to the Committee on Foreign Relations: closed documents and reports pertaining to agreed to: this case; S. RES. 326 S. RES. 325 Whereas the families of the 4 churchwomen Resolved, That the Committee on Rules and Whereas on December 2, 1980, 4 church- from the United States appreciate the abil- Administration shall prepare a revised edi- women from the United States, Maryknoll ity of those harmed by violence to bring suit tion of the Senate Election Law Guidebook, Sisters Maura Clarke and Ita Ford, Ursuline against Salvadoran military officers in Senate Document 106-14 , and that such docu- Sister Dorothy Kazel, and Cleveland Lay United States courts under the Torture Vic- ment shall be printed as a Senate document. Mission Team Member Jean Donovan, were tim Protection Act of 1991 (28 U.S.C. 1350 violated and executed by members of the Na- note); SEC. 2. There shall be printed, beyond the usual number, 500 additional copies of the tional Guard of El Salvador; Whereas the lives of these 4 churchwomen document specified in the first section for Whereas in 1980, Maryknoll Sisters Maura from the United States have, for the past 25 the use of the Committee on Rules and Ad- Clarke and Ita Ford were working in the par- years, served as inspiration for and continue ministration. ish of the Church of San Juan Bautista in to inspire Salvadorans, Americans, and peo- Chalatenango, El Salvador, providing food, ple throughout the world to answer the call f transportation, and other assistance to refu- to service and to pursue lives dedicated to SENATE RESOLUTION 326—DESIG- gees and Ursuline Sister Dorothy Kazel and addressing the needs and aspirations of the NATING NOVEMBER 27, 2005, AS Cleveland Lay Mission Team Member Jean poor, the vulnerable, and the disadvantaged, Donovan were working in the parish of the especially among women and children; ‘‘DRIVE SAFER SUNDAY’’ Church of the Immaculate Conception in La Whereas the lives of the 4 churchwomen Mr. CHAMBLISS (for himself, Mr. Libertad, El Salvador, providing assistance from the United States have also inspired ISAKSON, and Mrs. LINCOLN) submitted and support to refugees and other victims of numerous books, plays, films, music, reli- the following resolution; which was violence; gious events, and cultural events; considered and agreed to: Whereas these 4 churchwomen from the Whereas schools, libraries, research cen- United States dedicated their lives to work- ters, spiritual centers, health clinics, wom- S. RES. 326 ing with the poor of El Salvador, especially en’s and children’s programs in the United Whereas motor vehicle travel is the pri- women and children left homeless, displaced, States and in El Salvador have been named mary means of transportation in the United and destitute by the Salvadoran civil war; after or dedicated to Sisters Maura Clarke, States; Whereas these 4 churchwomen from the Ita Ford, Dorothy Kazel, and lay missionary Whereas everyone on the roads and high- United States joined the more than 70,000 ci- Jean Donovan; ways needs to drive more safely to reduce vilians who were murdered during the course Whereas the Maryknoll Sisters, deaths and injuries resulting from motor ve- of the Salvadoran civil war; headquartered in Ossining, New York, the hicle accidents; Whereas on May 23 and May 24, 1984, 5 Ursuline Sisters, headquartered in Cleve- Whereas the death of almost 43,000 people a members of the National Guard of El Sal- land, Ohio, numerous religious task forces in year in more than 6 million highway crashes vador, including Subsergeant Luis Antonio the United States, and the Salvadoran and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13399 international religious communities based in Whereas the Education for All Handi- outcomes and enhance independent living El Salvador annually commemorate the lives capped Children Act of 1975 established the skills; and martyrdom of the 4 churchwomen from Federal priority of ensuring that all chil- Whereas the Individuals with Disabilities the United States; dren, regardless of the nature or severity of Education Improvement Act of 2004 protects Whereas the historic January 1992 Peace their disability, have available to them a the procedural safeguards that guarantee the Accords ended 12 years of civil war and have free appropriate public education in the least rights of children with disabilities to a free allowed the Government and the people of El restrictive environment; and appropriate public education while es- Salvador to achieve significant progress in Whereas the Education of the Handicapped tablishing mechanisms for parents and creating and strengthening democratic, po- Act was further amended by the Education schools to resolve disagreements about edu- litical, economic, and social institutions; of the Handicapped Act Amendments of 1986 cational planning and the implementation of and (Public Law 99–457) to create a preschool such planning, thus reducing unnecessary Whereas December 2, 2005, marks the 25th grant program for children with disabilities litigation; anniversary of the deaths of these 4 spir- aged 3 through 5 and an early intervention Whereas the Individuals with Disabilities itual, courageous, and generous church- program for infants and toddlers with dis- Education Improvement Act of 2004 con- women from the United States: Now, there- abilities under 3 years of age and their fami- tinues to ensure that all students with dis- fore, be it lies; abilities receive the services and supports Resolved, That the Senate— Whereas the Education of the Handicapped necessary in order to achieve positive edu- (1) remembers and commemorates the lives Act Amendments of 1990 (Public Law 101–476) cational outcomes in both public and private and work of Sisters Maura Clarke, Ita Ford, renamed the Education of the Handicapped educational settings; and Dorothy Kazel and lay missionary Jean Act as the Individuals with Disabilities Edu- Whereas the Individuals with Disabilities Donovan; cation Act (referred to in this resolution as Education Improvement Act of 2004 ensures (2) extends sympathy and support for the ‘‘IDEA’’) (20 U.S.C. 1400 et seq.); that the vast majority of IDEA funds will go families, friends, and religious communities Whereas IDEA currently serves an esti- directly to the classroom and provides of the 4 churchwomen from the United mated 269,000 infants and toddlers, 679,000 States and local educational agencies addi- States; preschoolers, and 6,000,000 children aged 6 to tional flexibility to provide for the costs of (3) continues to find inspiration in the 21; educating high need children with disabil- lives and work of these 4 churchwomen from Whereas IDEA has helped reduce the num- ities; the United States; ber of children with developmental disabil- Whereas IDEA has supported, through its (4) calls upon the people of the United ities who must live in State institutions discretionary programs, 3 decades of re- States and religious congregations to par- away from their families; search, demonstration, and personnel prepa- ticipate in local, national, and international Whereas the number of children with dis- ration in effective practices for educating events commemorating the 25th anniversary abilities who complete high school with children with disabilities, enabling teachers, of the martyrdom of the 4 churchwomen standard diplomas has grown significantly related services providers, and other edu- from the United States; since the enactment of IDEA; cators to effectively meet the educational (5) recognizes that while progress has been Whereas more students with disabilities and developmental needs of all children; made during the post-war period, the work are participating in national and State test- Whereas Federal and State governments begun by the 4 churchwomen from the ing programs, and graduation rates for stu- support effective, research-based practices in United States remains unfinished and social dents with disabilities are continuously ris- the classroom to ensure appropriate services and economic hardships persist among many ing, since the enactment of IDEA; and supports for children with disabilities; sectors of Salvadoran society; and Whereas the number of children with dis- and (6) calls upon the President, the Secretary abilities who enroll in college as freshmen Whereas IDEA continues to marshal the of State, the Administrator of the United has more than tripled since the enactment of resources of this Nation to implement the States Agency for International Develop- IDEA; promise of full participation in society for ment, and the heads of other Government de- Whereas IDEA promotes partnerships be- children with disabilities: Now, therefore, be partments and agencies to continue to sup- tween parents of children with disabilities it Resolved, That the Senate— port and collaborate with the Government of and education professionals in the design and (1) recognizes the 30th anniversary of the El Salvador and with private sector, non- implementation of the special education and enactment of the Education for All Handi- governmental, and religious organizations in related services provided to children with capped Children Act of 1975 (Public Law 94– their efforts to reduce poverty and hunger disabilities; 142); and to promote educational opportunity, Whereas the integration of students with (2) acknowledges the many and varied con- health care, and social equity for the people disabilities in the classroom, learning along- tributions of children with disabilities and of El Salvador. side their peers without disabilities, has their parents, teachers, related services pro- f heightened the Nation’s awareness of the viders, and other educators; and needs and capabilities of students with dis- SENATE RESOLUTION 328—RECOG- (3) reaffirms the commitment of Congress abilities; to the Individuals with Disabilities Edu- NIZING THE 30TH ANNIVERSARY Whereas the Individuals with Disabilities cation Act (20 U.S.C. 1400 et seq.) so that all OF THE ENACTMENT OF THE Education Improvement Act of 2004 (Public children with disabilities receive a free ap- EDUCATION FOR ALL HANDI- Law 108–446) reauthorizes IDEA and ensures propriate public education. CAPPED CHILDREN ACT OF 1975 that children with disabilities are guaran- Mr. ENZI. Mr. President, I rise today AND REAFFIRMING THE COMMIT- teed a quality education based on the high to introduce a resolution that recog- MENT OF CONGRESS TO THE IN- academic standards required under the Ele- mentary and Secondary Education Act of nizes the 30th anniversary of the enact- DIVIDUALS WITH DISABILITIES ment of the predecessor to the Individ- EDUCATION ACT SO THAT ALL 1965 (20 U.S.C. 6301 et seq.), as amended by the No Child Left Behind Act of 2001 (Public uals with Disabilities Education Act, CHILDREN WITH DISABILITIES Law 107–110); IDEA, to commemorate its passage, RECEIVE A FREE APPROPRIATE Whereas the Individuals with Disabilities commend its many authors, and sug- PUBLIC EDUCATION IN THE Education Improvement Act of 2004 strength- gest some actions we should take to LEAST RESTRICTIVE ENVIRON- ens IDEA’s focus on the educational results protect, preserve, and advance its leg- MENT of children with disabilities and better pre- acy as a vital component of our laws on pares those children for further education Mr. ENZI (for himself, Mr. KENNEDY, beyond high school or employment; education and civil rights. Mr. ROBERTS, Mr. REED, Mr. BURR, Mr. Whereas the Individuals with Disabilities On November 29, 1975, President Ger- JEFFORDS, Mr. GREGG, Mrs. MURRAY, Education Improvement Act of 2004 further ald Ford signed into law the Education Mr. HATCH, Mrs. CLINTON, Mr. DEWINE, enables special education teachers, related for All Handicapped Children Act, a Mr. BINGAMAN, Ms. MIKULSKI, Mr. HAR- services providers, other educators, and landmark piece of legislation that re- KIN, and Mr. DODD) submitted the fol- State and local educational agencies to focus flected America’s fundamental and lowing resolution; which was referred on promoting the academic and functional continuing concern for education and to the Committee on Health, Edu- achievement of children with disabilities; human rights. This legislation re- Whereas the Individuals with Disabilities affirmed the most basic values of our cation, Labor, and Pensions: Education Improvement Act of 2004 places a S. RES. 328 democracy by extending education and new priority on providing students with dis- civil rights protections to individuals Whereas the Education for All Handi- abilities with positive behavioral supports capped Children Act of 1975 (Public Law 94– through school-wide interventions; with disabilities. As we celebrate the 142) was signed into law 30 years ago on No- Whereas the Individuals with Disabilities anniversary of the IDEA’s enactment, vember 29, 1975, and amended the State grant Education Improvement Act of 2004 enables it is, like all anniversaries, an appro- program under part B of the Education of students with disabilities, through the power priate time to both recount the past the Handicapped Act; of technology, to achieve better educational and contemplate the future.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13400 CONGRESSIONAL RECORD — SENATE November 18, 2005 Before 1700, there was little tolera- abilities. According to the Department It is fitting that today, in this place, tion for anyone who was different. Per- of Education, IDEA currently serves al- we recognize and celebrate the anniver- sons with disabilities were often most 7 million schoolchildren, pre- sary of legislation that says so much abused, condemned as incapable of schoolers, and infants and toddlers about who we are as a people and what being able to participate in social ac- with disabilities along side their coun- we stand for as a nation when it comes tivities, and simply forgotten. In 1817, terparts without disabilities. What was to educating all of our citizens. It is Thomas Hopkins Gallaudet, a teacher unheard of 30 years ago is now a reality the responsibility of those of us who of individuals who are deaf, opened a for millions of students with disabil- follow to ensure that the brightness school for people who are deaf in Con- ities across the Nation: a right to re- never fades, the promise of opportunity necticut. This was the first school in ceiving a free and appropriate edu- never wanes, and our rights to edu- America designed to serve individuals cation in their neighborhood school. cation, life, liberty, and the pursuit of with disabilities. In 1850, at a time Because of IDEA and other similar happiness apply equally and fully to all when most caregivers believed that laws, the education that students with Americans, including those with dis- persons with disabilities needed to live disabilities are receiving is providing abilities. in institutions apart from their fami- such individuals with the skills nec- f lies, a school for youth with cognitive essary to succeed in postsecondary en- SENATE RESOLUTION 329—CON- disabilities was opened in Massachu- vironments, work, pay taxes, live inde- GRATULATING COACH BILL SNY- setts. pendently, and pursue the American DER FOR HIS ACHIEVEMENTS In the late 1800s, the number of chil- dream. DURING 17 YEARS AS THE HEAD dren with disabilities attending public However, anniversaries are not just FOOTBALL COACH OF THE KAN- schools increased dramatically due to for looking back, and celebrating the SAS STATE UNIVERSITY WILD- education and child labor laws. Many achievements of the past. They must CATS public schools developed special edu- also be an occasion for looking forward cation for children with disabilities, in anticipation of the challenges that Mr. ROBERTS (for himself and Mr. however, this usually involved creating still lie before us. All involved should BROWNBACK) submitted the following separate classes. In 1899, Michigan was be proud of the accomplishments em- resolution; which was referred to the the first State to introduce these class- bodied in the Individuals with Disabil- Committee on the Judiciary: es statewide, and by the 1920s, special ities Education Act, but no one should S. RES. 329 education had become well established believe our work is done. Indeed, there Whereas, on November 30, 1998, Bill Snyder throughout the Nation. is still more to do. was named as the 32nd football coach at Kan- For the next 50 years, special edu- A report issued by the Institute for sas State University; cation took place mostly in isolated Higher Education Policy in 2004 focus- Whereas upon his hiring, Kansas State had ing on the education level of students experienced years of unsuccessful seasons classrooms where children with disabil- and in the 52 years prior to his hiring, the ities seldom mixed with their non- with disabilities in the United States contains some disturbing data. It notes Kansas State University football team had a disabled peers. It is against this back- combined record of only 134 wins; drop that advocates in the disability that while 91 percent of the general Whereas Bill Snyder directed and orches- community worked tirelessly to affect adult population has a high school di- trated a football program success and turn- the passage of the Individuals with Dis- ploma, only 78 percent of adults with around that is now considered by many to be abilities Education Act. It is also disabilities do. Even more disturbing is the greatest in the history of collegiate ath- against this backdrop that this Con- the fact that only 57 percent of youths letics; Whereas Bill Snyder coached the Kansas gress had the wisdom and under- with disabilities received standard high school diplomas. Although the 78 per- State Wildcats to 11 consecutive postseason standing to fully comprehend the na- bowl appearances; ture of the problem and the resolve and cent graduation rate represents a sig- nificantly higher rate than 15 years Whereas the teams coached by Bill Snyder determination to act. Similar to May ago, it remains inadequate, and signifi- became the second program in college foot- 17, 1954, when the U.S. Supreme Court ball history to win 11 games, 6 times in a 7 cantly behind the rate for individuals announced the Brown v. the Board of year time span; without disabilities. Whereas the teams coached by Bill Snyder Education decision that ‘‘separate edu- The National Educational Longitu- cational facilities are inherently un- won the Big 12 North Division title on 4 oc- dinal Study reported in 2000 that 73 casions and appeared in 3 Big 12 Champion- equal’’ with the signing of the Edu- percent of high school graduates with ship games; cation for All Handicapped Children disabilities enrolled in some form of Whereas the 2003 team coached by Bill Act, families, Congress, and the Presi- postsecondary education compared to Snyder was crowned the Big 12 Champion; dent believed that a segregated form of 84 percent of their peers without dis- Whereas Bill Snyder coached 42 National education for students with disabilities abilities. However, students with dis- Football League draft picks, 45 All-America was inappropriate and narrowed what abilities who were highly qualified aca- selections, and 68 first team all-conference children with disabilities could learn honorees at Kansas State University; demically enrolled in 4-year colleges at Whereas Bill Snyder was named National and become in society. the same rate, 79 percent, as their As President Ford noted when he Coach of the year in 1991, 1994, and 1998; peers without disabilities. Whereas Bill Snyder was named the Bear signed the Education for the Handi- The lesson here is a simple one. When Bryant and Football Writers Association of capped Act into law: ‘‘Everyone can we believe in and have high expecta- America National Coach of the year in 1998; agree with the objective stated in the tions for all Americans, Americans Whereas in the best sense of collegiate ath- title of this bill—educating all handi- with disabilities can compete at the letics, Bill Snyder has been a mentor and, capped children in our Nation.’’ IDEA same level as Americans without dis- through his own actions, taught leadership was advanced on the equally simple abilities. With the passage of the No and personal responsibility to young men; and equally compelling notion that Child Left Behind Act, the Individuals Whereas Bill Snyder has changed the segregation was not the answer and all with Disabilities Education Act, and course of history at Kansas State University, including contributing to an increased en- people should have the opportunity to possibilities available within the soon rollment from 18,120 at his hiring in 1988 to receive a free and appropriate public to be reauthorized Higher Education nearly 24,000 in 2005; education. It is therefore fitting that Act, we have the opportunity to make Whereas Bill Snyder and his family have we take a moment to remember all significant strides and further level the given of themselves and contributed numer- those men and women who worked playing field. As elected officials, it is ous hours and resources to charitable causes with such purposefulness and passion our responsibility to ensure that stu- throughout the State of Kansas to the bet- to ensure that such a simple yet endur- dents, teachers, school systems, and terment of numerous individuals and the ing value of our culture was properly teacher education programs are all State as a whole; Whereas Bill Snyder has instilled a new reflected in our education laws. held to high standards, improving the sense of pride in the State for all current and Since the passage of the IDEA, we education levels, graduation rates, and native Kansans; have seen significant improvements in postsecondary achievements of all stu- Whereas Bill Snyder currently ranks as the the educational employment and eco- dents, including students with disabil- most successful coach in Kansas State Uni- nomic well-being of citizens with dis- ities. versity history with 135 wins;

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13401 Whereas the Kansas State Board of Re- The coaches that first started their loved it and lived it. It has been a gents has recognized the contributions of careers at K-State under Coach Snyder grand experience. When K-State goes Coach Bill Snyder and his family to the now read like a ‘‘Who’s Who’’ in college to a bowl game, 25,000 to 30,000 diehard State of Kansas and Kansas State University football. fans are in attendance, win or lose. by renaming the football stadium ‘‘Bill Sny- But great as those and the rest of the der Family Football Stadium’’; and Bill Snyder and his wife Sharon and records are, that does not really tell Whereas the contributions of Bill Snyder their family gave K-State their all and the Bill Snyder story. Simply put, this to Kansas State University, the State of Coach Snyder has given us all pride, Kansas, and countless young adults are wor- is a man who restored and instilled a new sense of pride in a university and self esteem, and confidence. It has been thy of honor and recognition: Now, there- one heck of a trail ride for me and my fore, be it throughout our State. This is a man Resolved, That the Senate— and his family who have given of them- family as I know it has been for count- (1) congratulates Coach Bill Snyder and his selves and contributed countless hours less others. family upon his planned retirement on No- and resources to charitable causes I just don’t know of anyone in their vember 19, 2005, as the most successful coach chosen profession who has made more in Kansas State University history with a throughout Kansas. current record of 135 wins; With all of his successes and at- of a difference in so many people’s lives (2) commends Coach Bill Snyder for his tributes, this is a man who is humble, than Coach Snyder. Simply put, Bill mentoring and teaching of leadership and self effacing, soft spoken, and who Snyder has been a class act and then values to young men; knows you can get a lot more done if some and collegiate sports, Kansas (3) commends Coach Bill Snyder and his you don’t care who gets the credit. State University, the State of Kansas family for their selfless support of Kansas In many ways, Bill Snyder is a pri- and his players and fans have been the State University and their charitable activi- vate man who has God given ability to beneficiaries. ties throughout the State of Kansas, while inspire others in the public arena. He Thanks Coach. ‘‘Every Man A Wild- displaying the heartland values of honesty, has taught his players that in the cat!’’ integrity, and humility; and games of football and life, success is (4) respectfully directs the Enrolling Clerk never final, failure is never fatal and of the Senate to transmit an enrolled copy of f this resolution to— that in the end its courage that counts. By his example, he showed them the (A) Bill Snyder and his family; and SENATE CONCURRENT RESOLU- (B) Kansas State University President Jon attributes of honesty, character and TION 67—URGING JAPAN TO Wefald. reputation are not old fashioned. On HONOR ITS COMMITMENTS Mr. ROBERTS. Mr. President, today the playing field and in life he instilled UNDER THE 1986 MARKET-ORI- I am submitting a Senate Resolution the truism that if you don’t drop the ENTED SECTOR-SELECTIVE commending the contributions and ball you won’t have to complain about record of a most unique and deserving the way the ball bounces. The same is (MOSS) AGREEMENT ON MED- man, the retiring football coach of true regarding his individual player ICAL EQUIPMENT AND PHARMA- Kansas State University Wildcats, Bill marching orders, never say bad things CEUTICALS, AND FOR OTHER Snyder. about your opponent win or lose, take PURPOSES I suppose some, especially non sports care of your self, conduct yourself in Mr. COLEMAN submitted the fol- fans, might raise an eyebrow or ques- your best interests and that of your lowing concurrent resolution; which tion a Senate Resolution congratu- university and teammates. A coach on was referred to the Committee on For- lating a football coach, no matter how the field and a coach in life. eign Relations: successful in wins and losses—after all, I want to get back and emphasize as some have said, ‘‘it’s only a game.’’ this restoring pride achievement on a S. CON. RES. 67 But in the case of Coach Bill Snyder more personal basis. I know my exam- Whereas the revolution in medical tech- his contributions transcend his out- ple is replete with similar experiences nology has improved our ability to respond standing record of wins and losses; with the thousands of families who to emerging threats and prevent, identify, they represent being a mentor and make up what is now referred to in the treat, and cure a broad range of diseases and disabilities, and has the proven potential to teacher of leadership and values to sports pages as the ‘‘Wildcat Nation.’’ bring even more valuable advances in the fu- young men during a time when colle- My Dad was a proud graduate of Kan- ture; giate athletics and sports in general sas State as I was and my son attended Whereas medical technology has driven face challenge after challenge involv- Kansas State—three generations. dramatic productivity gains for the benefit ing unbecoming conduct and worse. Sports fans and devoted K-State alum- of patients, providers, employers, and our Coach Snyder’s contribution—football ni all, we went through what many economy; is a game of course but in the case of loyal K-Stater’s call the decades of Whereas investment from the United Bill Snyder one of his greatest con- Death Valley Days, seasons of defeat, States medical technology industry produces tributions has been to enable young seasons of eternal optimism always the majority of the $220,000,000,000 global tempered, if not shattered by the re- business in development of medical devices, men to win in the game of life by being diagnostic products, and medical informa- responsible citizens. ality of yet another loss. There were tion systems, allowing patients to lead And, this unique ability on the ath- some average seasons, a few good sea- longer, healthier, and more productive lives; letic field became a catalyst for alumni sons, but ‘‘depths of despair’’ would not Whereas the United States medical tech- interest and a renewal of financial sup- be an understatement for many of the nology industry supports almost 350,000 port throughout the university ena- faithful who endured and endured and Americans in high-value jobs located in bling all students in all academic fields endured. And, the defeats somehow be- every State, and was historically a key in- to benefit. came interwoven with the fabric of our dustry, as it was a net contributor to the Much has been said in Kansas and alma mater and apologies for psycho- United States balance of trade with Japan, throughout the football sports world logical exaggeration but even into the which was a trade surplus of over about the amazing turnaround Coach $7,000,000,000 in 2001, and continued to be a psyche of being a K-State graduate and surplus until 2005, when the trade balance be- Snyder achieved at K-State; directing our self worth. came a trade deficit of $1,300,000,000, due in and orchestrating a football program And then came President Jon Wefald part to changes in the policies of Japan that success story that is now considered by and then came Bill Snyder and both impact medical devices; many to be the greatest in the history men grabbed K-State by the collar and Whereas Japan is one of the most impor- of collegiate athletics. said: Enough, we’re going to win both tant trading partners of the United States; The record in the resolution I have academically and on the athletic field. Whereas United States products account introduced speaks for itself; three time And, wonder of wonders, they did just for roughly 1⁄2 of the global market, but gar- 1 national coach of the year, 11 post sea- that. ner only a ⁄4 share of Japan’s market; son bowl games, only the second pro- Sports writers have called it a mir- Whereas Japan has made little progress in implementing its commitments to cut prod- gram in college football history to win acle. To many diehard K-State fans uct review times and improve their reim- 11 games, 6 times in a 7-year time span, that was not an understatement. Win- bursement system in bilateral consultations 42 NFL draft picks, 45 All America se- ning season followed winning season on policy changes under the Market-Oriented lections, and 68 first team all con- and generations of alumni witnessed Sector-Selective (MOSS) Agreement on Med- ference players. That is quite a record. this success story took it to heart, ical Equipment and Pharmaceuticals, signed

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13402 CONGRESSIONAL RECORD — SENATE November 18, 2005 on January 9, 1986, between the United support its bid to become a member of blood pump, anesthesia monitor and States and Japan; the U.N. Security Council. many more examples. The success we Whereas, although regulatory reviews in As with any partnership, the U.S. and have had in Minnesota is also indic- Japan remain among the lengthiest in the Japan face the occasional challenges to world and Japan needs to accelerate patient ative of the positive trends that have access to safe and beneficial medical tech- this cooperation. One might argue this been experienced by the entire industry nologies, recently adopted measures actually is an opportunity for the U.S. and throughout the U.S. increase regulatory burdens on manufactur- Japan to strengthen their partnership The positive trends of American med- ers and delay access without enhancing pa- and increase collaboration and trade. ical technology companies’ perform- tient safety; The time is now to push this coopera- ance in domestic and international Whereas the general cost of doing business tion. However, I am concerned about a markets are not reflected in their expe- in Japan is the highest in the world and is threat to our trade relationship with rience with the Japanese market. The driven significantly higher by certain factors Japan based on our medical technology in the medical technology sector, and ineffi- fact of the matter is that U.S. medical ciencies in Japanese distribution networks industry’s market access in Japan. It is technology companies are discrimi- and hospital payment systems and unique crucial to my State of Minnesota that nated by Japanese policies. There are regulatory burdens drive up the cost of we have access to this market and to numerous examples of these policies, bringing innovations to Japanese consumers our country. but I will only briefly mention a few. and impede patient access to life-saving and Last Congress, I submitted a resolu- Japan has adopted a foreign reference life-enhancing medical technologies; tion in the Senate expressing my con- pricing system to reduce reimburse- Whereas artificial government price caps cern that discriminatory practices and such as the foreign average price policy ment prices in Japan’s health system, systematic barriers have limited the a tool long opposed by the U.S. Govern- adopted by the Government of Japan in 2002 ability of the U.S. medical device in- restrict patient access and fail to recognize ment and the medical technology in- the value of innovation; dustry to introduce new technologies dustry. This system calls for the estab- 1 into the Japanese healthcare system. Whereas less than ⁄10 of 1 percent of the lishment and revision of reimburse- tens of thousands of medical technologies in- Today, I am resubmitting similar reso- ment rates on the basis of prices paid troduced in Japan in the last 10 years re- lution. I am concerned that insufficient for medical technology products in the ceived new product pricing; progress has been made by the Japa- U.S., France, Germany, and the U.K. Whereas the Government of Japan has nese to address policies that penalize adopted artificial price caps that are tar- This pricing policy therefore fails to American companies and ultimately account for the high costs of bringing geted toward technologies predominately prevent Japanese citizens from receiv- marketed by companies from the United advanced technologies to the Japanese States and is considering further cuts to ing the most advanced healthcare. market, and instead bases prices on ar- This resolution recognizes that med- these products; and bitrary conditions that exist outside of ical technology has driven dramatic Whereas these discriminatory pricing poli- Japan. cies will allow the Japanese Government to productivity gains for the benefit of pa- take advantage of research and development tients, providers, employers and our In addition, Japan’s system for ap- from the United States: Now, therefore, be it economy. It also states that Japan is proving the use of new medical tech- Resolved by the Senate (the House of Rep- one of the most important trading nologies is the slowest and most costly resentatives concurring), That Congress— partners of the U.S., and urges Japan in the developed world. The backlog in (1) urges Japan to honor its commitments processing applications for medical under the Market-Oriented Sector-Selective to honor its commitments under the Market-Oriented, Sector Specific, technology products is staggering, and (MOSS) Agreement on Medical Equipment may be primarily related to the lack of and Pharmaceuticals, signed on January 9, MOSS Agreement. This agreement 1986, between the United States and Japan calls on the Japanese to improve the staff dedicated towards the review of (in this resolution referred to as the ‘‘MOSS reimbursement environment for med- applications. Importantly, the end re- Agreement’’), by— ical technologies by actively pro- sult has been that the medical tech- (A) reducing regulatory barriers to the ap- moting pricing policies that encourage nologies used to treat patients in proval and adoption of new medical tech- Japan are often several generations be- nologies; and innovation and eliminating policies based on inappropriate comparisons to hind the products utilized in the U.S. (B) meeting or exceeding agency perform- These and other regulatory hurdles ance goals for premarket approvals and markets outside Japan. adopting an appropriate, risk-based Discriminatory practices targeting embedded in the Japanese medical postmarket system consistent with globally the medical device industry directly af- technology industry conflict with regu- accepted practices; fect my state and many of my con- latory commitments made to the U.S. (2) urges Japan to honor its commitments stituents. This is due to the fact that under the MOSS trade agreement. under the MOSS Agreement to improve the Minnesota is the proud home to a They also contradict the philosophy reimbursement environment for medical thriving medical technology industry. underpinning the Global Harmoni- technologies by actively promoting pricing Minnesota’s medical alley is a rich cor- zation Task Force, to which the U.S., policies that encourage innovation for the Europe and Japan are a party. Even benefit of Japanese patients and the Japa- ridor of more than 8,000 medical-re- nese economy and eliminating reimburse- lated companies—12 percent of our our friends need to be held accountable ment policies based on inappropriate com- workforce—and is home to over 520 to the agreements they sign, otherwise parisons to markets outside Japan; and FDA-registered medical technology they become less valuable than the (3) urges Japan to honor its commitments manufacturers. Employment in the in- paper they are printed on. under the MOSS Agreement by— dustry increased 33 percent from 1991 I urge our friends in the Japanese (A) implementing fair and open processes to 2001, adding over 23,000 jobs to the Government to take aggressive action and rules that do not disproportionately to remedy this clearly unfavorable sit- harm medical technology products from the State of Minnesota. The jobs produced United States; and by the medical technology industry uation. Non-tariff regulatory and reim- (B) providing opportunities for consulta- represent a lucrative opportunity for bursement policies discriminate U.S. tion with trading partners. my constituents, as the aggregate fig- manufacturers. While these policies Mr. COLEMAN. Mr. President, we ure for wages exceeds $1.3 billion an av- hurt U.S. manufacturers’ economi- share a strategic and important rela- erage of over $56,000 per employee. cally, ultimately the biggest losers of tionship with Japan. A relationship The benefits that Minnesota has de- these policies are Japanese patients. that has proven to be vital for both rived from being home to a flourishing Innovative medical technologies offer countries, as we enhance our collabora- medical technology industry are well- the possibility of key health solutions tion on everything from economic pur- deserved and a product of hard work. to all nations, including those that suits to our joint national security in- Minnesota ranks second only to Cali- face severe health care budget con- terests. On all of these fronts Japan fornia in device companies, and our straints and the demands of aging pop- has demonstrated that it is both a State is home to many technology ulations. Past experience has dem- committed partner of the U.S. as well firsts: the first implantable cardiac onstrated that the U.S. and Japan are as a global leader in its own right. It is pacemaker, artificial heart valve, able to overcome challenges that arise because Japan has demonstrated its implantable drug transfusion pump, in our relationship, thus making it leadership on the global stage that I wireless cardiac monitoring system, stronger. I think that both countries

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13403 stand to gain significantly if the prin- States and is considering further cuts to LEAHY, and Mr. LEVIN) proposed an ciples of the resolution I am presenting these products; and amendment to the joint resolution H.J. today are upheld. Whereas these discriminatory pricing poli- Res. 72, Official Title Not Available; as cies will allow the Japanese Government to follows: I urge my fellow colleagues to join take advantage of research and development me in Japan to honor its commitments from the United States: Now, therefore, be it At the end of the resolution, insert the fol- under the 1986 Market-Oriented Sector- Resolved by the Senate (the House of Rep- lowing: Selective, MOSS, Agreement on Med- resentatives concurring), That Congress— SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT. ical Equipment and Pharmaceuticals (1) urges Japan to honor its commitments Notwithstanding section 101 of Public Law by supporting this resolution. under the Market-Oriented Sector-Selective (MOSS) Agreement on Medical Equipment 109–77, for the period beginning on October 1, S. CON. RES. 67 and Pharmaceuticals, signed on January 9, 2005 and ending on December 17, 2005, the amount appropriated under that Public Law Whereas the revolution in medical tech- 1986, between the United States and Japan to carry out the Community Services Block nology has improved our ability to respond (in this resolution referred to as the ‘‘MOSS Grant Act shall be based on a rate for oper- to emerging threats and prevent, identify, Agreement’’), by— ations that is not less than the rate for oper- treat, and cure a broad range of diseases and (A) reducing regulatory barriers to the ap- ations for activities carried out under such disabilities, and has the proven potential to proval and adoption of new medical tech- Act for fiscal year 2005. bring even more valuable advances in the fu- nologies; and (B) meeting or exceeding agency perform- ture; Mrs. HUTCHISON (for Mr. Whereas medical technology has driven ance goals for premarket approvals and SA 2673. dramatic productivity gains for the benefit adopting an appropriate, risk-based SHELBY) proposed an amendment to the of patients, providers, employers, and our postmarket system consistent with globally bill H.R. 4133, to temporarily increase economy; accepted practices; the borrowing authority of the Federal Whereas investment from the United (2) urges Japan to honor its commitments Emergency Management Agency for States medical technology industry produces under the MOSS Agreement to improve the carrying out the national flood insur- reimbursement environment for medical the majority of the $220,000,000,000 global ance program; as follows: business in development of medical devices, technologies by actively promoting pricing On page 2 line 12, strike ‘‘8,500,000,000’’ and diagnostic products, and medical informa- policies that encourage innovation for the insert ‘‘18,500,000,000’’. tion systems, allowing patients to lead benefit of Japanese patients and the Japa- At the end insert the following: longer, healthier, and more productive lives; nese economy and eliminating reimburse- Whereas the United States medical tech- ment policies based on inappropriate com- ‘‘SEC. 3 EMERGENCY SPENDING. nology industry supports almost 350,000 parisons to markets outside Japan; and ‘‘The Amendment made under section 2 is Americans in high-value jobs located in (3) urges Japan to honor its commitments designated as emergency spending, as pro- every State, and was historically a key in- under the MOSS Agreement by— vided under section 402 of H. Con. Res. 95 dustry, as it was a net contributor to the (A) implementing fair and open processes (109th Congress).’’ United States balance of trade with Japan, and rules that do not disproportionately which was a trade surplus of over harm medical technology products from the SA 2674. Mr. MCCONNELL (for Mr. $7,000,000,000 in 2001, and continued to be a United States; and BROWNBACK) proposed an amendment surplus until 2005, when the trade balance be- (B) providing opportunities for consulta- to the bill S. 1462, to promote peace came a trade deficit of $1,300,000,000, due in tion with trading partners. and accountability in Sudan, and for part to changes in the policies of Japan that f other purposes; as follows: impact medical devices; AMENDMENTS SUBMITTED AND Strike all after the enacting clause and in- Whereas Japan is one of the most impor- sert the following: tant trading partners of the United States; PROPOSED SECTION 1. SHORT TITLE. Whereas United States products account SA 2672. Mr. HARKIN (for himself, Mr. JEF- This Act may be cited as the ‘‘Darfur for roughly 1⁄2 of the global market, but gar- FORDS, Mr. KENNEDY, Mr. BINGAMAN, Ms. Peace and Accountability Act of 2005’’. ner only a 1⁄4 share of Japan’s market; STABENOW, Ms. MIKULSKI, Mr. LAUTENBERG, SEC. 2. DEFINITIONS. Whereas Japan has made little progress in Mr. ROCKEFELLER, Mr. AKAKA, Mr. KERRY, implementing its commitments to cut prod- Mr. PRYOR, Mr. CARPER, Mr. KOHL, Mr. In this Act: uct review times and improve their reim- LEAHY, and Mr. LEVIN) proposed an amend- (1) APPROPRIATE CONGRESSIONAL COMMIT- bursement system in bilateral consultations ment to the joint resolution H.J. Res. 72, Of- TEES.—The term ‘‘appropriate congressional on policy changes under the Market-Oriented ficial Title Not Available. committees’’ means the Committee on Inter- Sector-Selective (MOSS) Agreement on Med- SA 2673. Mrs. HUTCHISON (for Mr. national Relations of the House of Rep- ical Equipment and Pharmaceuticals, signed SHELBY) proposed an amendment to the bill resentatives and the Committee on Foreign on January 9, 1986, between the United H.R. 4133, to temporarily increase the bor- Relations of the Senate. States and Japan; rowing authority of the Federal Emergency (2) GOVERNMENT OF SUDAN.— Whereas, although regulatory reviews in Management Agency for carrying out the na- (A) IN GENERAL.—The term ‘‘Government Japan remain among the lengthiest in the tional flood insurance program. of Sudan’’ means the National Congress world and Japan needs to accelerate patient SA 2674. Mr. MCCONNELL (for Mr. BROWN- Party, formerly known as the National Is- access to safe and beneficial medical tech- BACK) proposed an amendment to the bill S. lamic Front, government in Khartoum, nologies, recently adopted measures actually 1462, to promote peace and accountability in Sudan, or any successor government formed increase regulatory burdens on manufactur- Sudan, and for other purposes. on or after the date of the enactment of this ers and delay access without enhancing pa- SA 2675. Mr. MCCONNELL (for Mr. PRYOR) Act (including the coalition National Unity tient safety; proposed an amendment to the bill H.R. 358, Government agreed upon in the Comprehen- Whereas the general cost of doing business to require the Secretary of the Treasury to sive Peace Agreement for Sudan), except in Japan is the highest in the world and is mint coins in commemoration of the 50th an- that such term does not include the regional driven significantly higher by certain factors niversary of the desegregation of the Little Government of Southern Sudan. in the medical technology sector, and ineffi- Rock Central High School in Little Rock, (B) OFFICIALS OF THE GOVERNMENT OF ciencies in Japanese distribution networks Arkansas, and for other purposes. SUDAN.—The term ‘‘Government of Sudan’’, and hospital payment systems and unique SA 2676. Mr. MCCONNELL (for Mr. when used with respect to an official of the regulatory burdens drive up the cost of SUNUNU) proposed an amendment to the bill Government of Sudan, does not include an bringing innovations to Japanese consumers S. 1047, to require the Secretary of the Treas- individual— and impede patient access to life-saving and ury to mint coins in commemoration of each (i) who was not a member of such govern- life-enhancing medical technologies; of the Nation’s past Presidents and their ment prior to July 1, 2005; or Whereas artificial government price caps spouses, respectively to improve circulation (ii) who is a member of the regional Gov- such as the foreign average price policy of the $1 coin, to create a new bullion coin, ernment of Southern Sudan. adopted by the Government of Japan in 2002 and for other purposes. (3) COMPREHENSIVE PEACE AGREEMENT FOR SUDAN.—The term ‘‘Comprehensive Peace restrict patient access and fail to recognize f the value of innovation; Agreement for Sudan’’ means the peace Whereas less than 1⁄10 of 1 percent of the TEXT OF AMENDMENTS agreement signed by the Government of Sudan and the Sudan People’s Liberation tens of thousands of medical technologies in- SA 2672. Mr. HARKIN (for himself, troduced in Japan in the last 10 years re- Movement/Army (SPLM/A) in Nairobi, Mr. JEFFORDS, Mr. KENNEDY, Mr. ceived new product pricing; Kenya, on January 9, 2005. Whereas the Government of Japan has BINGAMAN, Ms. STABENOW, Ms. MIKUL- SEC. 3. FINDINGS. adopted artificial price caps that are tar- SKI, Mr. LAUTENBERG, Mr. ROCKE- Congress makes the following findings: geted toward technologies predominately FELLER, Mr. AKAKA, Mr. KERRY, Mr. (1) On July 22, 2004, the House of Rep- marketed by companies from the United PRYOR, Mr. CARPER, Mr. KOHL, Mr. resentatives and the Senate declared that

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13404 CONGRESSIONAL RECORD — SENATE November 18, 2005 the atrocities occurring in the Darfur region Resolution 1591, extending the military em- leges of membership by the General Assem- of Sudan are genocide. bargo established by Security Council Reso- bly until such time as the Government of (2) On September 9, 2004, Secretary of State lution 1556 to all the parties to the Sudan has honored pledges to cease attacks Colin L. Powell stated before the Committee N’djamena Ceasefire Agreement and any upon civilians, demobilize the Janjaweed and on Foreign Relations of the Senate, ‘‘geno- other belligerents in the states of North associated militias, grant free and unfet- cide has been committed in Darfur and. . . the Darfur, South Darfur, and West Darfur, call- tered access for deliveries of humanitarian Government of Sudan and the [Janjaweed] ing for an asset freeze and travel ban against assistance in the Darfur region, and allow for bear responsibility—and genocide may still those individuals who impede the peace proc- safe, unimpeded, and voluntary return of ref- be occurring’’. ess, constitute a threat to stability in Darfur ugees and internally displaced persons; (3) On September 21, 2004, in an address be- and the region, commit violations of inter- (7) the President should use all necessary fore the United Nations General Assembly, national humanitarian or human rights law and appropriate diplomatic means to ensure President George W. Bush affirmed the Sec- or other atrocities, are responsible for offen- the full discharge of the responsibilities of retary of State’s finding and stated, ‘‘[a]t sive military overflights, or violate the mili- the Committee of the United Nations Secu- this hour, the world is witnessing terrible tary embargo, and establishing a Committee rity Council and the Panel of Experts estab- suffering and horrible crimes in the Darfur of the Security Council and a Panel of Ex- lished pursuant to section 3(a) of Security region of Sudan, crimes my government has perts to assist in monitoring compliance Council Resolution 1591 (March 29, 2005); concluded are genocide’’. with Security Council Resolutions 1556 and (8) the United States should not provide as- (4) On July 30, 2004, the United Nations Se- 1591. sistance to the Government of Sudan, other curity Council passed Security Council Reso- (10) On March 31, 2005, the United Nations than assistance necessary for the implemen- lution 1556, calling upon the Government of Security Council passed Security Council tation of the Comprehensive Peace Agree- Sudan to disarm the Janjaweed militias and Resolution 1593, referring the situation in ment for Sudan, the support of the regional to apprehend and bring to justice Janjaweed Darfur since July 1, 2002, to the prosecutor of Government of Southern Sudan and leaders and their associates who have incited the International Criminal Court and calling marginalized areas in northern Sudan (in- and carried out violations of human rights on the Government of Sudan and all parties cluding the Nuba Mountains, Southern Blue and international humanitarian law, and es- to the conflict to cooperate fully with the tablishing a ban on the sale or supply of Nile, Abyei, Eastern Sudan (Beja), Darfur, Court. and Nubia), as well as marginalized peoples arms and related materiel of all types, in- (11) In remarks before the G–8 Summit on cluding the provision of related technical in and around Khartoum, or for humani- June 30, 2005, President Bush reconfirmed tarian purposes in Sudan, until such time as training or assistance, to all nongovern- that ‘‘the violence in Darfur is clearly geno- mental entities and individuals, including the Government of Sudan has honored cide’’ and ‘‘the human cost is beyond cal- pledges to cease attacks upon civilians, de- the Janjaweed. culation’’. (5) On September 18, 2004, the United Na- mobilize the Janjaweed and associated mili- (12) On July 30, 2005, Dr. John Garang de tias, grant free and unfettered access for de- tions Security Council passed Security Coun- Mabior, the newly appointed Vice President cil Resolution 1564, determining that the liveries of humanitarian assistance in the of Sudan and the leader of the Sudan Peo- Darfur region, and allow for safe, unimpeded, Government of Sudan had failed to meet its ple’s Liberation Movement/Army (SPLM/A) obligations under Security Council Resolu- and voluntary return of refugees and inter- for the past 21 years, was killed in a tragic tion 1556, calling for a military flight ban in nally displaced persons; helicopter crash in southern Sudan, sparking and over the Darfur region, demanding the (9) the President should seek to assist riots in Khartoum and challenging the com- names of Janjaweed militiamen disarmed members of the Sudanese diaspora in the mitment of all the people of Sudan to the and arrested for verification, establishing an United States by establishing a student loan Comprehensive Peace Agreement for Sudan. International Commission of Inquiry on forgiveness program for those individuals Darfur to investigate violations of inter- SEC. 4. SENSE OF CONGRESS. who commit to return to southern Sudan for national humanitarian and human rights It is the sense of Congress that— a period of not less than 5 years for the pur- laws, and threatening sanctions should the (1) the genocide unfolding in the Darfur re- pose of contributing professional skills need- Government of Sudan fail to fully comply gion of Sudan is characterized by atrocities ed for the reconstruction of southern Sudan; with Security Council Resolutions 1556 and directed against civilians, including mass (10) the President should appoint a Presi- 1564, including such actions as to affect Su- murder, rape, and sexual violence committed dential Envoy for Sudan to provide steward- dan’s petroleum sector or individual mem- by the Janjaweed and associated militias ship of efforts to implement the Comprehen- bers of the Government of Sudan. with the complicity and support of the Na- sive Peace Agreement for Sudan, seek ways (6) The Report of the International Com- tional Congress Party-led faction of the Gov- to bring stability and peace to the Darfur re- mission of Inquiry on Darfur established ernment of Sudan; gion, address instability elsewhere in Sudan that the ‘‘Government of the Sudan and the (2) all parties to the conflict in the Darfur and northern Uganda, and pursue a truly Janjaweed are responsible for serious viola- region have continued to violate the comprehensive peace throughout the region; tions of international human rights and hu- N’djamena Ceasefire Agreement of April 8, (11) in order to achieve the goals specified manitarian law amounting to crimes under 2004, and the Abuja Protocols of November 9, in paragraph (10) and to further promote international law,’’ that ‘‘these acts were 2004, and violence against civilians, humani- human rights and civil liberties, build de- conducted on a widespread and systematic tarian aid workers, and personnel of the Af- mocracy, and strengthen civil society, the basis, and therefore may amount to crimes rican Union Mission in Sudan (AMIS) is in- Presidential Envoy for Sudan should be em- against humanity,’’ and that Sudanese offi- creasing; powered to promote and encourage the ex- cials and other individuals may have acted (3) the African Union should rapidly ex- change of individuals pursuant to edu- with ‘‘genocidal intent’’. pand the size and amend the mandate of the cational and cultural programs, including (7) The Report of the International Com- African Union Mission in Sudan (AMIS) to programs funded by the United States Gov- mission of Inquiry on Darfur further notes authorize such action as may be necessary to ernment; that, pursuant to its mandate and in the protect civilians and humanitarian oper- (12) the international community should course of its work, the Commission had col- ations, and deter violence in the Darfur re- strongly condemn attacks against humani- lected information relating to individual gion without delay; tarian workers and demand that all armed perpetrators of acts constituting ‘‘violations (4) the international community, including groups in the Darfur region, including the of international human rights law and inter- the United Nations, the North Atlantic Trea- forces of the Government of Sudan, the national humanitarian law, including crimes ty Organization (NATO), the European Janjaweed, associated militias, the Sudan against humanity and war crimes’’ and that Union, and the United States, should imme- Liberation Movement/Army (SLM/A), the a sealed file containing the names of those diately act to mobilize sufficient political, Justice and Equality Movement (JEM), and individual perpetrators had been delivered to military, and financial resources to support all other armed groups to refrain from such the United Nations Secretary-General. the expansion of the African Union Mission attacks; (8) On March 24, 2005, the United Nations in Sudan so that it achieves the size, (13) the United States should fully support Security Council passed Security Council strength, and capacity necessary for pro- the Comprehensive Peace Agreement for Resolution 1590, establishing the United Na- tecting civilians and humanitarian oper- Sudan and urge rapid implementation of its tions Mission in Sudan (UNMIS), consisting ations, and ending the continued violence in terms; and of up to 10,000 military personnel and 715 ci- the Darfur region; (14) the new leadership of the Sudan Peo- vilian police and tasked with supporting im- (5) if an expanded and reinforced African ple’s Liberation Movement (SPLM) should— plementation of the Comprehensive Peace Union Mission in Sudan fails to stop geno- (A) seek to transform the SPLM into an in- Agreement for Sudan and ‘‘closely and con- cide in the Darfur region, the international clusive, transparent, and democratic polit- tinuously liais[ing] and coordinat[ing] at all community should take additional, disposi- ical body; levels with the African Union Mission in tive measures to prevent and suppress acts of (B) reaffirm the commitment of the SPLM Sudan (AMIS) with a view towards expedi- genocide in the Darfur region; to bringing peace not only to southern tiously reinforcing the effort to foster peace (6) acting under Article 5 of the Charter of Sudan, but also to the Darfur region, eastern in Darfur’’. the United Nations, the United Nations Se- Sudan, and northern Uganda; and (9) On March 29, 2005, the United Nations curity Council should call for suspension of (C) remain united in the face of potential Security Council passed Security Council the Government of Sudan’s rights and privi- efforts to undermine the SPLM.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13405 SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN President is authorized to provide assist- achieves the mandate, size, strength, and ca- DARFUR. ance, on such terms and conditions as the pacity needed to protect civilians and hu- (a) BLOCKING OF ASSETS AND RESTRICTION President may determine and in consulta- manitarian operations, and dissuade and ON VISAS.—Section 6 of the Comprehensive tion with the appropriate congressional com- deter fighting and violence in the Darfur re- Peace in Sudan Act of 2004 (Public Law 108– mittees, to reinforce the deployment and op- gion of Sudan, and urges member states of 497; 50 U.S.C. 1701 note) is amended— erations of an expanded African Union Mis- the United Nations to accelerate political, (1) in the heading of subsection (b), by in- sion in Sudan (AMIS) with the mandate, size, material, financial, and other assistance to serting ‘‘OF APPROPRIATE SENIOR OFFICIALS strength, and capacity to protect civilians the African Union toward this end; OF THE SUDANESE GOVERNMENT’’ after ‘‘AS- and humanitarian operations, stabilize the (2) reinforces efforts of the African Union SETS’’; Darfur region of Sudan and dissuade and to negotiate peace talks between the Govern- (2) by redesignating subsections (c) deter air attacks directed against civilians ment of Sudan, the Sudan Liberation Move- through (e) as subsections (d) through (f), re- and humanitarian workers, including but not ment/Army (SLM/A), the Justice and Equal- spectively; and limited to providing assistance in the areas ity Movement (JEM), and associated armed (3) by inserting after subsection (b) the fol- of logistics, transport, communications, ma- groups in the Darfur region, calls on the lowing new subsection: teriel support, technical assistance, training, Government of Sudan, the SLM/A, and the ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION command and control, aerial surveillance, JEM to abide by their obligations under the ON VISAS OF CERTAIN INDIVIDUALS IDENTIFIED and intelligence.’’. N’Djamena Ceasefire Agreement of April 8, BY THE PRESIDENT.— (b) NATO ASSISTANCE TO SUPPORT AMIS.— 2004 and subsequent agreements, urges all ‘‘(1) BLOCKING OF ASSETS.—Beginning on The President should instruct the United parties to engage in peace talks without pre- the date that is 30 days after the date of the States Permanent Representative to the conditions and seek to resolve the conflict, enactment of the Darfur Peace and Account- North Atlantic Treaty Organization (NATO) and strongly condemns all attacks against ability Act of 2005, and in the interest of con- to use the voice, vote, and influence of the humanitarian workers and African Union tributing to peace in Sudan, the President United States at NATO to advocate NATO personnel in the Darfur region; shall, consistent with the authorities grant- reinforcement of the African Union Mission (3) imposes sanctions against the Govern- ed in the International Emergency Economic in Sudan (AMIS), upon the request of the Af- ment of Sudan, including sanctions against Powers Act (50 U.S.C. 1701 et seq.), block the rican Union, including but not limited to the individual members of the Government of assets of any individual who the President provision of assets to dissuade and deter of- Sudan, and entities controlled or owned by determines is complicit in, or responsible fensive air strikes directed against civilians officials of the Government of Sudan or the for, acts of genocide, war crimes, or crimes and humanitarian workers in the Darfur re- National Congress Party in Sudan until such against humanity in Darfur, including the gion of Sudan and other logistical, transpor- time as the Government of Sudan has hon- family members or any associates of such in- tation, communications, training, technical ored its commitments to cease attacks on ci- dividual to whom assets or property of such assistance, command and control, aerial sur- vilians, demobilize and demilitarize the individual was transferred on or after July 1, veillance, and intelligence support. Janjaweed and associated militias, grant 2002. (c) DENIAL OF ENTRY AT UNITED STATES free and unfettered access for deliveries of ‘‘(2) RESTRICTION ON VISAS.—Beginning on PORTS TO CERTAIN CARGO SHIPS OR OIL TANK- humanitarian assistance, and allow for the the date that is 30 days after the date of the ERS.— safe and voluntary return of refugees and in- enactment of the Darfur Peace and Account- (1) IN GENERAL.—The President should take ternally displaced persons; ability Act of 2005, and in the interest of con- all necessary and appropriate steps to deny (4) extends the military embargo estab- tributing to peace in Sudan, the President the Government of Sudan access to oil reve- lished by United Nations Security Council shall deny visas and entry to any individual nues, including by prohibiting entry at Resolutions 1556 (July 30, 2004) and 1591 who the President determines is complicit United States ports to cargo ships or oil (March 29, 2005) to include a total prohibition in, or responsible for, acts of genocide, war tankers engaged in business or trade activi- on the sale or supply of offensive military crimes, or crimes against humanity in ties in the oil sector of Sudan or involved in equipment to the Government of Sudan, ex- Darfur, including the family members or any the shipment of goods for use by the armed cept for use in an internationally-recognized associates of such individual to whom assets forces of Sudan, until such time as the Gov- demobilization program or for non-lethal as- or property of such individual was trans- ernment of Sudan has honored its commit- sistance necessary to carry out elements of ferred on or after July 1, 2002.’’. ments to cease attacks on civilians, demobi- the Comprehensive Peace Agreement for (b) WAIVER.—Section 6(d) of the Com- lize and demilitarize the Janjaweed and asso- Sudan; prehensive Peace in Sudan Act of 2004 (as re- ciated militias, grant free and unfettered ac- (5) calls upon those member states of the designated by subsection (a)) is amended by cess for deliveries of humanitarian assist- United Nations that continue to undermine adding at the end the following new sen- ance, and allow for the safe and voluntary efforts to foster peace in Sudan by providing tence: ‘‘The President may waive the appli- return of refugees and internally displaced military assistance and equipment to the cation of paragraph (1) or (2) of subsection (c) persons. Government of Sudan, the SLM/A, the JEM, with respect to an individual if— (2) EXCEPTION.—Paragraph (1) shall not and associated armed groups in the Darfur ‘‘(1) the President determines that such a apply with respect to cargo ships or oil tank- region in violation of the embargo on such waiver is in the national interest of the ers involved in an internationally-recognized assistance and equipment, as called for in United States; and demobilization program or the shipment of United Nations Security Council Resolutions ‘‘(2) prior to exercising the waiver, the non-lethal assistance necessary to carry out 1556 and 1591, to immediately cease and de- President transmits to the appropriate con- elements of the Comprehensive Peace Agree- sist; and gressional committees a notification of the ment for Sudan. (6) acting under Article 5 of the Charter of waiver that includes the name of the indi- (d) PROHIBITION ON ASSISTANCE TO COUN- the United Nations, calls for suspension of vidual and the reasons for the waiver.’’. TRIES IN VIOLATION OF UNITED NATIONS SECU- the Government of Sudan’s rights and privi- (c) SANCTIONS AGAINST CERTAIN JANJAWEED RITY COUNCIL RESOLUTIONS 1556 AND 1591.— leges of membership by the General Assem- COMMANDERS AND COORDINATORS.—The Presi- (1) PROHIBITION.—Amounts made available bly until such time as the Government of dent should immediately consider imposing to carry out the Foreign Assistance Act of Sudan has honored pledges to cease attacks the sanctions described in section 6(c) of the 1961 (22 U.S.C. 2151 et seq.) may not be used upon civilians, demobilize the Janjaweed and Comprehensive Peace in Sudan Act of 2004 to provide assistance to the government of a associated militias, grant free and unfet- (as added by subsection (a)) against the country that is in violation of the embargo tered access for deliveries of humanitarian Janjaweed commanders and coordinators on military assistance with respect to Sudan assistance in the Darfur region, and allow for identified by former United States Ambas- imposed pursuant to United Nations Secu- safe, unimpeded, and voluntary return of ref- sador-at-Large for War Crimes before the rity Council Resolutions 1556 (July 30, 2004) ugees and internally displaced persons. Subcommittee on Africa of the Committee and 1591 (March 29, 2005). on International Relations of the House of SEC. 8. CONTINUATION OF RESTRICTIONS. (2) WAIVER.—The President may waive the Representatives on June 24, 2004. Restrictions against the Government of application of paragraph (1) if the President Sudan that were imposed or are otherwise SEC. 6. ADDITIONAL AUTHORITIES TO DETER determines and certifies to the appropriate AND SUPPRESS GENOCIDE IN applicable pursuant to Executive Order 13067 DARFUR. congressional committees that it is in the of November 3, 1997 (62 Federal Register (a) UNITED STATES ASSISTANCE TO SUPPORT national interests of the United States to do 59989), title III and sections 508, 512, 527, and AMIS.—Section 7 of the Comprehensive so. 569 of the Foreign Operations, Export Fi- Peace in Sudan Act of 2004 (Public Law 108– SEC. 7. MULTILATERAL EFFORTS. nancing, and Related Programs Appropria- 497; 50 U.S.C. 1701 note) is amended— The President shall direct the United tions Act, 2005 (division D of Public Law 108– (1) by striking ‘‘Notwithstanding’’ and in- States Permanent Representative to the 447), or any other similar provision of law, serting ‘‘(a) GENERAL ASSISTANCE.—Notwith- United Nations to use the voice and vote of should remain in effect and should not be standing’’; and the United States to urge the adoption of a lifted pursuant to such provisions of law (2) by adding at the end the following new resolution by the United Nations Security until the President transmits to the appro- subsection: Council which— priate congressional committees a certifi- ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Not- (1) supports the expansion of the African cation that the Government of Sudan is act- withstanding any other provision of law, the Union Mission in Sudan (AMIS) so that it ing in good faith—

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13406 CONGRESSIONAL RECORD — SENATE November 18, 2005 (1) to peacefully resolve the crisis in the (2) by inserting after subsection (b) the fol- (as amended by the Darfur Peace and Ac- Darfur region of Sudan; lowing new subsection: countability Act of 2005) and the reasons for (2) to disarm, demobilize, and demilitarize ‘‘(c) REPORT ON AFRICAN UNION MISSION IN such determination.’’. the Janjaweed and all government-allied mi- SUDAN (AMIS).—In conjunction with reports litias; required under subsections (a) and (b) of this SA 2675. Mr. MCCONNELL (for Mr. (3) to adhere to United Nations Security section thereafter, the Secretary of State PRYOR) proposed an amendment to the Council Resolutions 1556 (2004), 1564 (2004), shall submit to the appropriate congres- bill H.R. 358, to require the Secretary 1591 (2005), and 1593 (2005); sional committees a report, to be prepared in of the Treasury to mint coins in com- (4) to negotiate a peaceful resolution to the conjunction with the Secretary of Defense, memoration of the 50th anniversary of crisis in eastern Sudan; on— the desegregation of the Little Rock ‘‘(1) efforts to fully deploy the African (5) to fully cooperate with efforts to dis- Central High School in Little Rock, arm, demobilize, and deny safe haven to Union Mission in Sudan (AMIS) with the members of the Lords Resistance Army; and size, strength, and capacity necessary to sta- Arkansas, and for other purposes; as (6) to fully implement the Comprehensive bilize the Darfur region of Sudan and protect follows: Peace Agreement for Sudan without manipu- civilians and humanitarian operations; Strike all after the enacting clause and in- lation or delay, including by— ‘‘(2) the needs of AMIS to ensure success, sert the following: (A) implementing the recommendations of including in the areas of housing, transport, SECTION 1. SHORT TITLE. the Abyei Commission Report; communications, equipment, technical as- This Act may be cited as the ‘‘Little Rock (B) establishing other appropriate commis- sistance, training, command and control, in- Central High School Desegregation 50th An- sions and implementing and adhering to the telligence, and such assistance as is nec- niversary Commemorative Coin Act’’. recommendations of such commissions con- essary to dissuade and deter attacks, includ- SEC. 2. FINDINGS. sistent with the terms of the Comprehensive ing by air, directed against civilians and hu- Congress finds the following: Peace Agreement for Sudan; manitarian operations; (1) September 2007, marks the 50th anniver- (C) adhering to the terms of the Wealth ‘‘(3) the current level of United States as- sary of the desegregation of Little Rock Cen- Sharing Agreement; and sistance and other assistance provided to tral High School in Little Rock, Arkansas. (D) withdrawing government forces from AMIS, and a request for additional United (2) In 1957, Little Rock Central High was southern Sudan consistent with the terms of States assistance, if necessary; the site of the first major national test for the Comprehensive Peace Agreement for ‘‘(4) the status of North Atlantic Treaty the implementation of the historic decision Sudan. Organization (NATO) plans and assistance to of the United States Supreme Court in SEC. 9. ASSISTANCE EFFORTS IN SUDAN. support AMIS; and Brown, et al. v. Board of Education of Topeka, (a) ADDITIONAL AUTHORITIES.—Section ‘‘(5) the performance of AMIS in carrying et al., 347 U.S. 483 (1954). 501(a) of the Assistance for International Ma- out its mission in the Darfur region.’’. (3) The courage of the ‘‘Little Rock Nine’’ laria Control Act (Public Law 106–570; 114 (b) REPORT ON SANCTIONS IN SUPPORT OF (Ernest Green, Elizabeth Eckford, Melba Stat. 350; 50 U.S.C. 1701 note) is amended— PEACE IN DARFUR.—Section 8 of the Sudan Pattillo, Jefferson Thomas, Carlotta Walls, (1) by striking ‘‘Notwithstanding any other Peace Act (Public Law 107–245; 50 U.S.C. 1701 Terrence Roberts, Gloria Ray, Thelma provision of law’’ and inserting the fol- note), as amended by subsection (a), is fur- Mothershed, and Minnijean Brown) who lowing: ther amended— stood in the face of violence, was influential ‘‘(1) IN GENERAL.—Notwithstanding any (1) by redesignating subsection (d) (as re- to the Civil Rights movement and changed other provision of law’’; designated) as subsection (e); and American history by providing an example (2) by inserting ‘‘civil administrations,’’ (2) by inserting after subsection (c) the fol- on which to build greater equality. after ‘‘indigenous groups,’’; lowing new subsection: (4) The desegregation of Little Rock Cen- (3) by striking ‘‘areas outside of control of ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF tral High by the 9 African American students the Government of Sudan’’ and inserting PEACE IN DARFUR.—In conjunction with re- was recognized by Dr. Martin Luther King, ‘‘southern Sudan, southern Kordofan/Nuba ports required under subsections (a), (b), and Jr. as such a significant event in the strug- Mountains State, Blue Nile State, and (c) of this section thereafter, the Secretary gle for civil rights that in May 1958, he at- Abyei’’; of State shall submit to the appropriate con- tended the graduation of the first African (4) by inserting before the period at the end gressional committees a report regarding American from Little Rock Central High the following: ‘‘, including the Comprehen- sanctions imposed under subsections (a) School. sive Peace Agreement for Sudan’’; and through (d) of section 6 of the Comprehensive (5) A commemorative coin will bring na- (5) by adding at the end the following new Peace in Sudan Act of 2004, including— tional and international attention to the paragraph: ‘‘(1) a description of each sanction imposed lasting legacy of this important event. ‘‘(2) CONGRESSIONAL NOTIFICATION.—Assist- under such provisions of law; and SEC. 3. COIN SPECIFICATIONS. ance may not be obligated under this sub- ‘‘(2) the name of the individual or entity (a) DENOMINATIONS.—The Secretary of the section until 15 days after the date on which subject to the sanction, if applicable.’’. Treasury (hereinafter in this Act referred to the President has provided notice thereof to (c) REPORT ON INDIVIDUALS IDENTIFIED BY as the ‘‘Secretary’’) shall mint and issue not the congressional committees specified in THE UNITED NATIONS IN CONNECTION WITH more than 500,000 $1 coins each of which section 634A of the Foreign Assistance Act of GENOCIDE, WAR CRIMES, AND CRIMES AGAINST shall— 1961 (22 U.S.C. 2394–1) in accordance with the HUMANITY OR OTHER VIOLATIONS OF INTER- (1) weigh 26.73 grams; procedures applicable to reprogramming no- NATIONAL HUMANITARIAN LAW IN DARFUR.— (2) have a diameter of 1.500 inches; and tifications under such section.’’. Section 8 of the Sudan Peace Act (Public (3) contain 90 percent silver and 10 percent XCEPTION TO PROHIBITIONS IN EXECU- (b) E Law 107–245; 50 U.S.C. 1701 note), as amended copper. TIVE RDER O O N . 13067.—Subsection (b) of such by subsections (a) and (b), is further amend- (b) LEGAL TENDER.—The coins minted section is amended— ed— under this Act shall be legal tender, as pro- (1) in the heading, by striking ‘‘EXPORT (1) by redesignating subsection (e) (as re- vided in section 5103 of title 31, United States PROHIBITIONS’’ and inserting ‘‘PROHIBITIONS designated) as subsection (f); and Code. IN EXECUTIVE ORDER NO. 13067’’; (2) by inserting after subsection (d) the fol- (c) NUMISMATIC ITEMS.—For purposes of (2) by striking ‘‘shall not’’ and inserting lowing new subsection: section 5136 of title 31, United States Code, ‘‘should not’’; ‘‘(e) REPORT ON INDIVIDUALS IDENTIFIED BY all coins minted under this Act shall be con- (3) by striking ‘‘any export from an area in THE UNITED NATIONS IN CONNECTION WITH sidered to be numismatic items. Sudan outside of control of the Government GENOCIDE, WAR CRIMES, AND CRIMES AGAINST SEC. 4. DESIGN OF COINS. of Sudan, or to any necessary transaction di- HUMANITY OR OTHER VIOLATIONS OF INTER- (a) DESIGN REQUIREMENTS.—The design of rectly related to that export’’ and inserting NATIONAL HUMANITARIAN LAW IN DARFUR.— the coins minted under this Act shall be em- ‘‘activities or related transactions with re- Not later than 30 days after the date on blematic of the desegregation of the Little spect to southern Sudan, southern Kordofan/ which the United States has access to any of Rock Central High School and its contribu- Nuba Mountains State, Blue Nile State, or the names of the individuals identified by tion to civil rights in America. Abyei’’; and the International Commission of Inquiry on (b) DESIGNATION AND INSCRIPTIONS.—On (4) by striking ‘‘the export or related Darfur (established pursuant to United Na- each coin minted under this Act there shall transaction’’ and all that follows and insert- tions Security Council Resolution 1564 be— ing ‘‘such activities or related transactions (2004)), or the names of the individuals des- (1) a designation of the value of the coin; would directly benefit the economic recovery ignated by the Committee of the United Na- (2) an inscription of the year ‘‘2007’’; and and development of those areas and people.’’. tions Security Council (established pursuant (3) inscriptions of the words ‘‘Liberty’’, ‘‘In SEC. 10. REPORTS. to United Nations Security Council Resolu- God We Trust’’, ‘‘United States of America’’, (a) REPORT ON AFRICAN UNION MISSION IN tion 1591 (2005)), the Secretary of State shall and ‘‘E Pluribus Unum’’. SUDAN (AMIS) .—Section 8 of the Sudan submit to the appropriate congressional (c) SELECTION.—The design for the coins Peace Act (Public Law 107–245; 50 U.S.C. 1701 committees a report containing an assess- minted under this Act shall be— note) is amended— ment as to whether such individuals may be (1) selected by the Secretary after con- (1) by redesignating subsection (c) as sub- subject to sanctions under section 6 of the sultation with the Commission of Fine Arts; section (d); and Comprehensive Peace in Sudan Act of 2004 and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13407 (2) reviewed by the Citizens Coinage Advi- Site, to the extent such funds were used for mittee on Finance be authorized to sory Committee established under section the purposes described in paragraph (1), (2), meet in open Executive Session during 5135 of title 31, United States Code. or (3) of subsection (b), shall be deemed to the session on Friday, November 18, SEC. 5. ISSUANCE OF COINS. meet the requirement of funds from private 2005, immediately following a vote on sources of section 5134(f)(1)(A)(ii) of title 31, (a) QUALITY OF COINS.—Coins minted under the Senate Floor (tentatively sched- this Act shall be issued in uncirculated and United States Code, with respect to the Sec- proof qualities. retary of the Interior. uled to occur at 9:30 a.m.), in the Presi- (b) COMMENCEMENT OF ISSUANCE.—The Sec- dent’s Room, S–216 of the Capitol, to retary may issue coins minted under this SA 2676. Mr. MCCONNELL (for Mr. consider favorably reporting S. 2027, Act beginning January 1, 2007, except that SUNUNU) proposed an amendment to the U.S.-Bahrain Free Trade Agree- the Secretary may initiate sales of such the bill S. 1047, to require the Sec- ment Implementation Act. coins, without issuance, before such date. retary of the Treasury to mint coins in The PRESIDING OFFICER. Without (c) TERMINATION OF MINTING AUTHORITY.— commemoration of each of the Nation’s objection, it is so ordered. No coins shall be minted under this Act after past Presidents and their spouses, re- The PRESIDING OFFICER. The mi- December 31, 2007. spectively, to improve circulation of nority leader is recognized. SEC. 6. SALE OF COINS. the $1 coin, to create a new bullion (a) SALE PRICE.—Notwithstanding any f other provision of law, the coins issued under coin, and for other purposes; as follows: this Act shall be sold by the Secretary at a On page 6, strike lines 6 through 11, and in- MISPLACED PRIORITIES price equal to the sum of the face value of sert the following: the coins, the surcharge required under sec- ‘‘(B) CONTINUITY PROVISIONS.— Mr. REID. Mr. President, as elected tion 7(a) for the coins, and the cost of design- ‘‘(i) IN GENERAL.—Notwithstanding sub- representatives of the American peo- ing and issuing such coins (including labor, paragraph (A), the Secretary shall continue ple, we have a responsibility to work materials, dies, use of machinery, overhead to mint and issue $1 coins which bear any de- with each other and to focus on their expenses, and marketing). sign in effect before the issuance of coins as needs. This is an obligation that Demo- (b) BULK SALES.—The Secretary shall required under this subsection (including the cratic Senators have not taken lightly. make bulk sales of the coins issued under so-called ‘Sacagawea-design’ $1 coins). We have spent the last 11 months try- this Act at a reasonable discount. ‘‘(ii) CIRCULATION QUANTITY.—Beginning ing to make a difference for each (c) PREPAID ORDERS AT A DISCOUNT.— January 1, 2007, and ending upon the termi- (1) IN GENERAL.—The Secretary shall ac- nation of the program under paragraph (8), American citizen. Democrats fought to cept prepaid orders for the coins minted the Secretary annually shall mint and issue protect Social Security when those in under this Act before the issuance of such such ‘Sacagawea-design’ $1 coins for circula- the majority, the Republicans, tried to coins. tion in quantities of no less than 1⁄3 of the destroy it through their risky privat- (2) DISCOUNT.—Sale prices with respect to total $1 coins minted and issued under this ization scheme. Democrats fought for a prepaid orders under paragraph (1) shall be subsection.’’. budget that honors America’s values. at a reasonable discount. On page 17, lines 6 and 7, strike ‘‘transpor- When Republicans passed a terrible SEC. 7. SURCHARGES. tation and’’. On page 17, line 7, strike ‘‘and entities’’. budget, leading religious leaders called (a) SURCHARGE REQUIRED.—All sales shall it immoral. They called it immoral be- include a surcharge of $10 per coin. On page 17, line 18, strike ‘‘1-year’’ and in- (b) DISTRIBUTION.—Subject to section sert ‘‘2-year’’. cause of its deep cuts and irresponsible 5134(f) of title 31, United States Code, and On page 17, line 24, strike ‘‘prominently’’. tax breaks. Why did they do that? One subsection (d), all surcharges which are re- On page 23, line 18, strike ‘‘$20’’ and insert only needs to look at the Old Testa- ceived by the Secretary from the sale of ‘‘$50’’. ment or the New Testament to find coins issued under this Act shall be promptly On page 24, line 2, strike ‘‘$20’’ and insert why. paid by the Secretary to the Secretary of the ‘‘$50’’. In the 112th Psalm we are told that: On page 24, line 3, insert ‘‘and proof’’ after Interior for the protection, preservation, and He hath given to the poor; his right- interpretation of resources and stories asso- ‘‘bullion’’. ciated with Little Rock Central High School On page 24, line 4, strike ‘‘not to exceed eousness will endure forever. In the National Historic Site, including the fol- 500,000 in any year’’ and insert ‘‘in such New Testament, in the Book of Gala- lowing: quantities, as the Secretary, in the Sec- tians, second chapter, 10th verse: Only (1) Site improvements at Little Rock Cen- retary’s discretion, may prescribe’’. that we should remember the poor. tral High School National Historic Site. On page 25, line 23, strike ‘‘the face value That is why leading religious leaders of (2) Development of interpretive and edu- of the coins; and’’ and insert ‘‘the market this country have called the budget an cation programs and historic preservation value of the bullion at the time of sale; and’’. immoral one. On page 26, between lines 9 and 10, insert projects. We moved quickly to help Katrina’s (3) Establishment of cooperative agree- the following: ments to preserve or restore the historic ‘‘(8) PROTECTIVE COVERING.— victims, when that storm exposed the character of the Park Street and Daisy L. ‘‘(A) IN GENERAL.—Each bullion coin hav- Bush administration’s incompetence. It Gatson Bates Drive corridors adjacent to the ing a metallic content as described in sub- became clear that Republicans were site. section (a)(11) and a design specified in para- going to sit on their hands. Democrats (c) LIMITATION.—Notwithstanding sub- graph (2) shall be sold in an inexpensive cov- tried to help families with energy section (a), no surcharge may be included ering that will protect the coin from damage prices, when prices spiked and congres- with respect to the issuance under this Act due to ordinary handling or storage. sional Republicans only seemed to care ‘‘(B) DESIGN.—The protective covering re- of any coin during a calendar year if, as of about their friends in the oil industry. the time of such issuance, the issuance of quired under subparagraph (A) shall be read- such coin would result in the number of com- ily distinguishable from any coin packaging We stood for the troops, veterans, memorative coin programs issued during that may be used to protect proof coins and a success story in Iraq, when it be- such year to exceed the annual 2 commemo- minted and issued under this subsection.’’. came clear that the White House was rative coin program issuance limitation f more interested in launching vicious under section 5112(m)(1) of title 31, United attacks than providing the leadership AUTHORITIES FOR COMMITTEES States Code (as in effect on the date of the America needs. TO MEET enactment of this Act). The Secretary of the Democrats know that we are sent Treasury may issue guidance to carry out COMMITTEE ON COMMERCE, SCIENCE, AND here to do a job on behalf of the Amer- this subsection. TRANSPORTATION ican people. We understand that to- (d) CREDITABLE FUNDS.—Notwithstanding Mr. SESSIONS. Mr. President, I ask any other provision of the law and recog- gether we can do better. Unfortu- nizing the unique partnership nature of the unanimous consent that the Com- nately, in most all instances, those in Department of Interior and the Little Rock mittee on Commerce, Science, and the majority have shunned our efforts. School District at the Little Rock Central Transportation be authorized to meet Instead of joining us in helping every High School National Historic Site and the on Friday, November 18, 2005, at 10 American, they have blocked our ef- significant contributions made by the Little a.m., on Future of Science. forts and decided to focus on the nar- Rock School District to preserve and main- The PRESIDING OFFICER. Without row interests of a special few. In fact, tain the historic character of the high objection, it is so ordered. school, any non-Federal funds expended by if you want to see the misplaced prior- the school district (regardless of the source COMMITTEE ON FINANCE ities of the Republican Party, look no of the funds) for improvements at the Little Mr. SESSIONS. Mr. President, I ask further than the agenda they set for Rock Central High School National Historic unanimous consent that the Com- the Senate.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13408 CONGRESSIONAL RECORD — SENATE November 18, 2005 If the Senate could spend over 30 Instead of changing course, as the we have much to be proud of as we go days debating extreme judges and de- Senate demanded, the White House has toward the Thanksgiving holiday. vote days to the tragic affairs of the decided to reignite the Cheney-Rove Even though my assessment of our Schiavo family, Republicans should smear machine and attack its critics accomplishments here differs dramati- have been able to find a few days to instead. We saw it yesterday with Con- cally from that of the Democratic lead- help millions of Americans with health gressman JACK MURTHA. While I don’t er, let me say to all our colleagues, care, education, and, of course, the agree with the immediate withdrawal Democrats and Republicans alike, we skyrocketing cost of gasoline, heating plan Congressman MURTHA proposed, have much to be thankful for this oil, and natural gas. this brave man’s patriotism and his Thanksgiving. We hope everyone will While some of the work we have done commitment to defend our country enjoy the holiday, come back refreshed this year is important, more important should never be questioned, especially for what we anticipate will be a very is the work that we have missed. Con- by this White House, as it was. brief session the week of December 12. sider the latest example: Katrina re- Congressman MURTHA served val- I also want to say a word about Iraq. lief. Democrats introduced a com- iantly in Vietnam. He is a highly deco- It is much in the news these days. The prehensive Katrina relief package. It rated veteran, someone who knows Senate spoke clearly this week that it was a good package. It was done hours what it is like to bleed in combat, lit- is not in favor of cutting and running. after the storm had passed. The legisla- erally. When he speaks, the White On a bipartisan basis, the Senate said tion, S. 1637, included proposals to en- House should listen. They could learn we will not cut and run in Iraq. That is sure that displaced families received something. Let’s remember, Congress- the message of the votes that we had the health care, housing, and financial man MURTHA isn’t the only combat earlier this week. We intend to stay relief they needed. Republicans talked veteran calling for a debate about Iraq. the course. We are winning in Iraq, and a good game about helping victims. Yet In the Senate, Republican Senator the policy is to win. over 2 months later, you only have to CHUCK HAGEL has also said it is our pa- How do you measure success in Iraq? pick up any newspaper to know that triotic duty to question what is going You measure it by the election last tens of thousands of Americans still on. January which brought into office a need housing, health care, and finan- The deceiving, distorting, and divi- temporary democratic government. Ev- cial help. Democrats have tried to act sive political attacks must end. We eryone remembers the ink-stained on these families’ behalf, but every need an open, honest debate about index fingers that were held up proudly time Republicans have found some- what is happening in Iraq. Next year I by the Iraqis as they, at risk to their thing better to do. hope Republicans will join with us in own lives, went to the polls and elected Of course, this is a pattern all too fa- this debate. It is easy to attack those an interim government. miliar. When Democrats wanted to dis- who don’t agree with you. The hard Last month on October 15—by the cuss health care and education, Repub- part is leading and giving our troops way, back in January, there was a 60- licans decided to debate changing Sen- the strategy for success. percent turnout, the same as our turn- ate rules so they could pack the courts The days and months ahead should be out last November and ours was 60 per- with some extreme nominees. When used to do the people’s business. We cent, higher than the turnout of 50 per- Democrats wanted to help families can’t change the past, but we can cent before that. The Iraqis turned out struggling with rising oil prices, Re- change the future. the same percentages last January as Next year we need to focus on the publicans gave billions in tax breaks to we did here, and I don’t think any priorities of American families. To- oil companies that are already making Americans were afraid they were going gether we can do better and give our obscene profits. And when Democrats to be shot or blown up by a bomb if citizens a government as good and hon- wanted to help the neediest among us, they went out to vote. est as its people. Republicans decided to make deep cuts If that were not good enough, in the The PRESIDING OFFICER (Mr. TAL- to programs working families depend constitutional election on October 15, ENT). The Senator from Kentucky. on so they could give tax breaks to spe- 63 percent of Iraqis turned out, and cial interests and the very elite of our f large numbers of Sunnis who had boy- country. A SUCCESSFUL FIRST SESSION cotted the election earlier began to America can do better than these Mr. MCCONNELL. Mr. President, I participate. misplaced priorities. Whether it is sup- listened carefully to my good friend, Clearly, Iraq is heading in the right porting our troops or providing relief the Democratic leader, give his evalua- direction. Surveys taken in September for rising health and energy costs, it is tion of the year that is coming to a indicate Iraqis are far more optimistic time for the Senate to get its priorities conclusion. Let me just suggest that I, about their future than we are about straight. The Democratic agenda is one not surprisingly, see it somewhat dif- ours in the United States. They are that deals with health care, energy ferently. In my couple of decades here more optimistic about their future costs, and, in effect, getting our prior- in the Senate, this has been quite pos- than we are ours here. So the Iraqis ities straight. sibly the most successful first session feel they are on the right path. They When we return next session, we of a Congress in my time here. are going to finish the job on December should not waste more time putting We began the year by passing a much 15 when they elect the first permanent the needs of the special few ahead of needed class action reform bill that democratic government in Iraqi his- the priorities of the American people. was long overdue to deal with one of tory, a fairly unusual thing in that Let’s pass fiscally responsible tax relief the areas of the litigation craze that is part of the world, I think we will all to help middle-class families being bad for American business and bad for agree. squeezed between declining wages and our economy. We followed on with the Next year, that permanent demo- rising prices. The rich are getting rich- Bankruptcy Reform Act, long in the cratic government will increasingly be er; the poor are getting poorer. The making, way overdue, to deal with peo- responsible for its own future and the middle class is getting squeezed. Let’s ple who have increasingly decided not fate of its own citizens as the Iraqi move forward on issues like energy de- to accept their responsibilities and pay military improves month after month. pendence, real security, and affordable their debts. So we do, indeed, have much to be health care. Let’s build on the progress We passed a budget, which is never thankful for this Thanksgiving. Most we made on Tuesday with our vote on easy around here, tax cuts, a Central of all, we are grateful for our wonderful Iraq. American free-trade agreement, an en- troops who have done an astonishing On Tuesday, Democrats and Repub- ergy bill, and a highway bill. We con- job in Iraq. They are proud of their licans voted overwhelmingly to express firmed a new Justice to the Supreme work. They are somewhat perplexed no confidence in the administration’s Court. We passed a terrorism reinsur- about the perception that they are fail- Iraq policy. We must continue to push ance measure and a pension reform ing when they all know they are suc- the President because it is clear that bill. ceeding dramatically. Hopefully, in the he has no interest in taking the Sen- It has been an extraordinarily suc- new year, we will be able to do a better ate’s advice. cessful first session of a Congress, and job of getting out the entire story in

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13409 Iraq, which is that dramatic progress is lution be agreed to, the preamble be the most recent Presidential runoff elec- being made. After all, when this demo- agreed to, the motion to reconsider be tions, including in the implementation of cratic government is elected on Decem- laid upon the table, and that any state- Ukraine’s new elections laws. SEC. 2. TERMINATION OF APPLICATION OF TITLE ber 15, it will be less than 3 years from ment relating to the concurrent resolu- IV OF THE TRADE ACT OF 1974 TO the time Saddam Hussein was toppled tion be printed in the RECORD, without UKRAINE. to the election of a permanent demo- further intervening action or debate. (a) PRESIDENTIAL DETERMINATIONS AND EX- cratic government in Iraq. It took us 11 The PRESIDING OFFICER. Without TENSION OF UNCONDITIONAL AND PERMANENT years in this country to get from the objection, it is so ordered. NONDISCRIMINATORY TREATMENT.—Notwith- Declaration of Independence to the The concurrent resolution (H. Con. standing any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the writing of the Constitution in our first Res. 208) was agreed to. President may— democratic election. The preamble was agreed to. (1) determine that such title should no We are very impatient for immediate f longer apply to Ukraine; and success. In fact, the Iraqis have come a (2) after making a determination under long way in a short period of time AUTHORIZING EXTENSION OF UN- paragraph (1) with respect to Ukraine, pro- under very difficult circumstances. We CONDITIONAL AND PERMANENT claim the extension of unconditional and are proud of them and, most of all, we NONDISCRIMINATORY TREAT- permanent nondiscriminatory treatment MENT (permanent normal trade relations treat- are proud of our troops who made it ment) to the products of that country. possible for that to happen. Mr. MCCONNELL. Mr. President, I (b) TERMINATION OF APPLICATION OF TITLE With that, Mr. President, I think it is ask unanimous consent that the Com- IV.—On and after the effective date of the time to begin to wrap up in the Senate. mittee on Finance be discharged from extension under subsection (a)(2) of non- First, I congratulate the House of further consideration of S. 632, and discriminatory treatment to the products of Representatives and the Senate. We that the Senate proceed to its imme- Ukraine, chapter 1 of title IV of the Trade will shortly be passing a bill to honor Act of 1974 shall cease to apply to that coun- diate consideration. try. a great American, Rosa Parks, by plac- The PRESIDING OFFICER. Without ing a statue of her in the Capitol. I am Mr. MCCONNELL. Mr. President, I objection, it is so ordered. The clerk further ask that the bill be held at the very gratified by the swift action of the will report the bill by title. desk. House, followed on by the Senate to- The legislative clerk read as follows: The PRESIDING OFFICER. Without night. We have assured that Americans A bill (S. 632) to authorize the extension of objection, it is so ordered. who visit this place 100 years from now unconditional and permanent nondiscrim- f will see her statue and reflect on how inatory treatment (permanent normal trade one woman’s courage altered a nation. relations treatment) to the products of DIRECTING THE JOINT COM- I am also pleased and grateful to my Ukraine, and for other purposes. MITTEE ON THE LIBRARY TO OB- colleagues, particularly Senator DODD There being no objection, the Senate TAIN A STATUE OF ROSA PARKS in the Senate and Representative proceeded to consider the bill. Mr. MCCONNELL. Mr. President, I JESSE JACKSON, Jr., in the House, who Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- took the lead over there for moving ask unanimous consent that the bill be ate proceed to immediate consider- quickly to accord Ms. Parks the honor read a third time and passed, the mo- ation of H. R. 4145, which was received she so richly deserves. I look forward tion to reconsider be laid upon the from the House and is at the desk. to the day when her statue is unveiled table, and any statements relating to The PRESIDING OFFICER. The and placed in this historic building the bill be printed in the RECORD. clerk will report the bill by title. alongside other American heroes. The PRESIDING OFFICER. Without The legislative clerk read as follows: Ms. Parks’ passing on October 24, just objection, it is so ordered. A bill (H. R. 4145) to direct the Joint Com- a few weeks ago, left us with sadness, The bill (S. 632) was read the third mittee on the Library to obtain a statue of but also with deep gratitude to the gift time and passed, as follows: Rosa Parks and to place the statue in the she left all of us. United States Capitol in National Statuary S. 632 Hall, and for other purposes. I am reminded of Dr. Martin Luther Be it enacted by the Senate and House of Rep- There being no objection, the Senate King’s conviction that human progress resentatives of the United States of America in never rolls in on the wheels of inevi- proceeded to consider the bill. Congress assembled, Mr. KERRY. Mr. President, last tability. It comes through the tireless SECTION 1. FINDINGS. night, the House of Representatives efforts of men. Today this Congress has Congress finds that Ukraine— passed H.R. 4145, a bill to direct the Ar- taken steps to ensure Parks’ achieve- (1) allows its citizens the right and oppor- chitect of the Capitol to obtain a stat- tunity to emigrate, free of any heavy tax on ments will never be forgotten. ue of Rosa Parks and to place the stat- f emigration or on the visas or other docu- ments required for emigration and free of ue in the United States Capitol in Na- RECOGNIZING 50TH ANNIVERSARY any tax, levy, fine, fee, or other charge on tional Statuary Hall. Today, the Sen- OF ROSA LOUISE PARKS’ RE- any citizens as a consequence of the desire of ate unanimously passed this legisla- FUSAL TO GIVE UP HER SEAT such citizens to emigrate to the country of tion, and I rise to thank my colleagues their choice; in this body and in the House of Rep- Mr. MCCONNELL. Mr. President, I (2) has received normal trade relations resentatives for their leadership and ask unanimous consent that the Judi- treatment since concluding a bilateral trade support for this important legislation, ciary Committee be discharged from agreement with the United States that en- which sends a message of hope and further consideration of H. Con. Res. tered into force on June 23, 1992, which re- freedom to the American people. 208, and that the Senate then proceed mains in force and provides the United Earlier this week a resolution spon- States with important rights; to its consideration. sored by Senator MCCONNELL and Sen- The PRESIDING OFFICER. Without (3) has been found to be in full compliance with the freedom of emigration requirements ator DODD passed this body to honor objection, it is so ordered. The clerk under title IV of the Trade Act of 1974 since Mrs. Parks. I thank Senators MCCON- will report the concurrent resolution 1997; NELL and DODD for their leadership on by title. (4) has committed itself to ensuring free- this issue and considering my concerns. The legislative clerk read as follows: dom of religion and preventing intolerance; I supported Mr. MCCONNELL’s and Mr. A concurrent resolution (H. Con. Res. 208) (5) has committed itself to continuing its DODD’s measure because I believe it is recognizing the 50th anniversary of Rosa efforts to return religious property to reli- paramount that we honor Rosa Parks Louise Parks’ refusal to give up her seat on gious organizations in accordance with exist- in our Capitol. However, I wanted to be the bus and the subsequent desegregation of ing law; clear that her statue should be in Stat- (6) has taken significant steps dem- American society. uary Hall, and I was glad to join Rep- There being no objection, the Senate onstrating its intentions to build a friendly and cooperative relationship with the United resentative JESSE JACKSON Jr. of Illi- proceeded to consider the concurrent States including participating in peace- nois in his effort to make that happen. resolution. keeping efforts in Europe; and Largely regarded as the mother of Mr. MCCONNELL. Mr. President, I (7) has made progress toward meeting the modern day Civil Rights move- ask unanimous consent that the reso- international commitments and standards in ment, Mrs. Parks’ act of courage on

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13410 CONGRESSIONAL RECORD — SENATE November 18, 2005 December 1, 1955, inspired a movement A resolution (S. Res. 322) expressing the Russia law associated with the transfer of that eventually brought about laws to sense of the Senate on the trial, sentencing Mr. Khodorkovsky and Mr. Lebedev; and end segregation, ensure voting rights, and imprisonment of Michael Khodorkovsky Whereas the selective disregard for the end discrimination in housing, and cre- and Platon Lebedev. rule of law by officials of the Russian Fed- eration further undermines the standing and ate a greater equality throughout this There being no objection, the Senate proceeded to consider the resolution. status of the Russian Federation among the nation. Moreover, it taught us all that democratic nations of the world: Now, there- Mr. MCCONNELL. I ask unanimous one individual can help to change the fore, be it world from the way things are to the consent that the resolution be agreed Resolved, That it is the sense of the Senate way things ought to be. With the pas- to, the preamble be agreed to, the mo- that— sage of this legislation, we ensure that tions to reconsider be laid upon the (1) the criminal justice system in Russia her memory is enshrined in the most table, and that any statements relating has not accorded Mikhail Khodorkovsky and Platon Lebedev fair, transparent, and impar- hallowed halls of our Government. On thereto be printed in the RECORD, with- out intervening action or debate. tial treatment under the laws of the Russian November 3, 2005, I introduced S. 1959, Federation; the companion legislation to Rep- The PRESIDING OFFICER. Without objection, it is so ordered. (2) the standing and status of the Russian resentative JACKSON’s H.R. 4145, which Federation among the democratic nations of The resolution (S. Res. 322) was would also place a statue of Rosa Parks the world would be greatly enhanced if the agreed to. in Statuary Hall in the Capitol. This is authorities of the Russian Federation were The preamble was agreed to. to take the necessary actions to dispel wide- a location of great significance, par- The resolution, with its preamble, ticularly on this occasion and particu- spread concerns that— reads as follows: (A) the criminal cases against Mr. larly with this individual. While there S. RES. 322 Khodorkovsky, Mr. Lebedev, and their asso- are memorials for prominent African ciates are politically motivated; Americans in the Capitol Collection, Whereas the United States supports the de- velopment of democracy, civil society, and (B) the transfer of Mr. Khodorkovsky and none of those are located in the hall the rule of law in the Russian Federation; Mr. Lebedev to prison camps thousands of that gives a State-by-State account of Whereas the rule of law and the guarantee kilometers from their homes and families our country’s history. of equal justice under the law are funda- represents a violation of the norms and prac- This week, Representative JACKSON mental attributes of democratic societies; tices of Russia law; and and I began a national week of action Whereas the trial, sentencing, and impris- (C) in cases dealing with perceived polit- ical threats to the authorities, the judiciary to pass our legislation honoring Rosa onment of Mikhail Khodorkovsky and Platon Lebedev have raised troubling ques- of Russia is an instrument of the Kremlin Parks with a statue in National Stat- and such judiciary is not truly independent; uary Hall. I thank Representative tions about the impartiality and integrity of the judicial system in Russia; and JACKSON for his leadership on this im- Whereas the Department of State 2004 (3) notwithstanding any other disposition portant effort. It was through his vi- Country Report on Human Rights Practices of the cases of Mr. Khodorkovsky and Mr. sion and dedication that we were able in Russia stated that the arrest of Mr. Lebedev, and without prejudice to further to reach our goal of having this legisla- Khodorkovsky was ‘‘widely believed to have disposition of same, Mr. Khodorkovsky and tion pass Congress by December 1, been prompted, at least in part, by the con- Mr. Lebedev should be transferred to penal facilities with locations that are consonant 2005—the 50th anniversary of Rosa siderable financial support he provided to op- position groups;’’ with the norms and general practices of Rus- Parks’ courageous decision not to sia law. move to the back of the bus. I also Whereas Secretary of State Condoleezza Rice has remarked that the arrest of Mr. f thank Senators MCCONNELL and DODD Khodorkovsky and the dismantling of his EXPRESSING SENSE OF SENATE for helping to make that happen. It company have ‘‘raised significant concerns’’ could not have been enacted without about the independence of the judiciary in THAT UNITED NATIONS AND their support. Russia; OTHER INTERNATIONAL ORGANI- Finally, I thank Senator OBAMA, Sen- Whereas the independent non-govern- ZATIONS NOT BE ALLOWED TO ator SMITH and my other Senate col- mental organization Freedom House has as- EXERCISE CONTROL OVER leagues who cosponsored S. 1959 for serted that the conviction of Mr. INTERNET Khodorkovsky ‘‘underscores the serious ero- their support in raising the awareness Mr. MCCONNELL. Mr. President, I and helping to ensure the passage of sion of the rule of law and growing intoler- ance for political dissent in Russia’’; ask unanimous consent that the Sen- this legislation. Mrs. Parks’ legacy, Whereas upon concluding an investigation ate now proceed to the consideration of and that of the movement she began, of the facts surrounding the case of Mr. S. Res. 323, which was submitted ear- has been served well by this bipartisan Khodorkovsky and Mr. Lebedev, the Human lier today. effort to honor her in Statuary Hall. Rights Committee of the Parliamentary As- The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I sembly of the Council of Europe determined clerk will report the resolution by ask unanimous consent that the bill be that the two men were ‘‘arbitrarily singled title. read three times and passed, the mo- out’’ by the Russia authorities, violating the The legislative clerk read as follows: tion to reconsider be laid upon the principle of equality before the law; A resolution (S. Res. 323) expressing the Whereas in May 2005, a Moscow court sen- sense of the Senate that the United Nations table, and that any statement relating tenced Mr. Khodorkovsky to serve 9 years in to the bill be printed in the RECORD, and other international organizations should prison; not be allowed to exercise control over the without intervening action or debate. Whereas Article 73 of the Russian Criminal Internet. The PRESIDING OFFICER. Without Penitentiary Code stipulates that except There being no objection, the Senate objection, it is so ordered. under extraordinary circumstances, pris- The bill (H.R. 4145) was read the third oners serve their terms of deprivation of lib- proceeded to consider the resolution. Mr. MCCONNELL. I ask unanimous time and passed. erty on the territory of subjects of the Rus- sian Federation where they reside or were consent that the resolution be agreed f convicted; to, the preamble be agreed to, and the EXPRESSING SENSE OF SENATE Whereas on or about October 16, 2005, Mr. motion to reconsider be laid upon the ON TRIAL, SENTENCING AND IM- Khodorkovsky was sent to prison camp YG table. PRISONMENT OF MICHAEL 14/10 in the Chita Region of Siberia; The PRESIDING OFFICER. Without KHODORKOVSKY AND PLATON Whereas on or about October 16, 2005, Mr. objection, it is so ordered. Lebedev was sent to penal camp number 98/ LEBEDEV The resolution (S. Res. 323) was 3 in the arctic region of Yamal-Nenets; agreed to. Mr. MCCONNELL. Mr. President, I Whereas the transfer of Mr. Khodorkovsky The preamble was agreed to. ask unanimous consent that the Sen- and Mr. Lebedev constitutes an apparent vio- The resolution, with its preamble, lation of Russia law and hearkens back to ate proceed to the immediate consider- reads as follows: ation of S. Res. 322 submitted earlier the worst practices and excesses of the So- viet era; S. RES. 323 today. Whereas a broad coalition of human rights Whereas market-based policies and private The PRESIDING OFFICER. The advocates and intellectuals in Russia have sector leadership have given the Internet the clerk will report the resolution by appealed to Vladimir Lukin, the Human flexibility to evolve; title. Rights Commissioner of the Russian Federa- Whereas given the importance of the Inter- The legislative clerk read as follows: tion, to investigate and rectify any abuse of net to the global economy, it is essential

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13411 that the underlying domain name system on the operations of the Internet that could (B) advance the values of an open Internet and technical infrastructure of the Internet result in an inadequate response to the rapid in the broader trade and diplomatic con- remain stable and secure; pace of technological change; versations of the United States. Whereas the Internet was created in the Whereas some nations that advocate rad- f United States and has flourished under ical change in the structure of Internet gov- United States supervision and oversight, and ernance censor the information available to EXPRESSING SUPPORT FOR the Federal Government has followed a path their citizens through the Internet and use PEOPLE OF SRI LANKA of transferring Internet control from the de- the Internet as a tool of surveillance to cur- fense sector to the civilian sector, including tail legitimate political discussion and dis- Mr. MCCONNELL. I now ask unani- the Internet Corporation for Assigned Names sent, and other nations operate tele- mous consent that the Senate proceed and Numbers (ICANN) with the goal of full communications systems as state-controlled to the consideration of S. Res. 324, privatization; monopolies or highly-regulated and highly- which was submitted earlier today. Whereas the developing world deserves the taxed entities; The PRESIDING OFFICER. The access to knowledge, services, commerce, Whereas some nations in support of trans- clerk will report the resolution by and communication, the accompanying bene- ferring Internet governance to an entity af- title. fits to economic development, education, filiated with the United Nations, or another The legislative clerk read as follows: and health care, and the informed discussion international entity, might seek to have that is the bedrock of democratic self-gov- such an entity endorse national policies that A resolution (S. Res. 324) expressing sup- ernment that the Internet provides; block access to information, stifle political port for the people of Sri Lanka in the wake Whereas the explosive and hugely bene- dissent, and maintain outmoded communica- of the tsunami and the assassination of the ficial growth of the Internet did not result tions structures; Sri Lankan Foreign Minister and urging sup- from increased government involvement but Whereas the structure and control of Inter- port and respect for free and fair elections in from the opening of the Internet to com- net governance has profound implications for Sri Lanka. merce and private sector innovation; homeland security, competition and trade, There being no objection, the Senate Whereas on June 30, 2005, President George democratization, free expression, access to proceeded to consider the resolution. W. Bush announced that the United States information, privacy, and the protection of Mr. MCCONNELL. I ask unanimous intends to maintain its historic role over the intellectual property, and the threat of some consent that the resolution be agreed master ‘‘root zone’’ file of the Internet, nations to take unilateral actions that which lists all authorized top-level Internet would fracture the root zone file would re- to, the preamble be agreed to, and the domains; sult in a less functional Internet with dimin- motion to reconsider be laid upon the Whereas the recently articulated prin- ished benefits for all people; table. ciples of the United States on the domain Whereas in the Declaration of Principles of The PRESIDING OFFICER. Without name and addressing system of the Internet the First World Summit on the Information objection, it is so ordered. (DNS) are that— Society, held in Geneva in 2003, delegates The resolution (S. Res. 324) was (1) the Federal Government will— from 175 nations declared the ‘‘common de- agreed to. (A) preserve the security and stability of sire and commitment to build a people-cen- The preamble was agreed to. the DNS; tered, inclusive and development oriented (B) take no action with the potential to ad- Information Society, where everyone can The resolution, with its preamble, versely affect the effective and efficient op- create, access, utilize and share information reads as follows: eration of the DNS; and and knowledge’’; S. RES. 324 (C) maintain the historic role of the United Whereas delegates at the First World Sum- Whereas, on December 26, 2004, Sri Lanka States regarding modifications to the root mit also reaffirmed, ‘‘as an essential founda- was struck by a tsunami that left some 30,000 zone file; tion of the Information Society, and as out- dead and hundreds of thousands of people (2) governments have a legitimate interest lined in Article 19 of the Universal Declara- homeless; in the management of country code top level tion of Human Rights, that everyone has the Whereas the United States and the world domains (ccTLD); right to freedom of opinion and expression’’ community recognized the global impor- (3) the United States is committed to and that ‘‘this right includes freedom to hold tance of preventing that tragedy from spi- working with the international community opinions without interference and to seek, raling into an uncontrolled disaster and sent to address the concerns of that community receive and import information and ideas aid to Sri Lanka to provide immediate relief; in accordance with the stability and security through any media and regardless of fron- Whereas the massive tsunami reconstruc- of the DNS; tiers’’; tion effort in Sri Lanka creates significant (4) ICANN is the appropriate technical Whereas the United Nations Secretary challenges for the country; manager of the Internet, and the United General has stated the objective of the 2005 Whereas the democratic process in Sri States will continue to provide oversight so World Summit on the Information Society in Lanka is further challenged by the refusal of that ICANN maintains focus and meets its Tunis is to ensure ‘‘benefits that new infor- the Liberation Tigers of Tamil Eelam, a core technical mission; and mation and communication technologies, in- group that the Secretary of State has des- (5) dialogue relating to Internet govern- cluding the Internet, can bring to economic ignated as a Foreign Terrorist Organization, ance should continue in multiple relevant and social development’’ and that ‘‘to defend to renounce violence as a means of effecting fora, and the United States encourages an the Internet is to defend freedom itself’’; and political change; ongoing dialogue with all stakeholders and Whereas discussions at the November 2005 Whereas, on August 12, 2005, the Sri will continue to support market-based ap- World Summit on the Information Society Lankan Foreign Minister Lakhsman proaches and private sector leadership; may include discussion of transferring con- Kadirgamar was assassinated at his home in Whereas the final report issued by the trol of the Internet to a new intergovern- Colombo in a brutal terrorist act that has Working Group on Internet Governance mental entity, and could be the beginning of been widely attributed to the Liberation Ti- (WGIG), established by the United Nations a prolonged international debate regarding gers of Tamil Eelam by officials in Sri Secretary General in accordance with a man- the future of Internet governance: Now, Lanka, the United States, and other coun- date given during the first World Summit on therefore, be it tries; the Information Society, and comprised of 40 Resolved, That the Senate— Whereas democratic elections are sched- members from governments, private sector, (1) calls on the President to continue to op- uled to be held in Sri Lanka on November 17, and civil society, issued 4 possible models, 1 pose any effort to transfer control of the 2005; and of which envisages a Global Internet Council Internet to the United Nations or any other Whereas the United States has an interest that would assume international Internet international entity; in a free and fair democratic process in Sri governance; (2) applauds the President for— Lanka, and the peaceful resolution of the in- Whereas that report contains recommenda- (A) clearly and forcefully asserting that surgency that has afflicted Sri Lanka for tions for relegating the private sector and the United States has no present intention of more than two decades: Now, therefore, be it nongovernmental organizations to an advi- relinquishing the historic leadership role the Resolved, That the Senate— sory capacity; United States has played in Internet govern- (1) expresses its support for the people of Whereas the European Union has also pro- ance; and Sri Lanka as they recover from the dev- posed transferring control of the Internet, (B) articulating a vision of the future of astating tsunami that occurred on December including the global allocation of Internet the Internet that places privatization over 26, 2004, and the assassination of the Sri Protocol number blocks, procedures for politicization with respect to the Internet; Lankan Foreign Minister Lakhsman changing the root zone file, and rules appli- and Kadirgamar on August 12, 2005; cable to DNS, to a ‘‘new model of inter- (3) calls on the President to— (2) expresses its support for the courageous national cooperation’’ which could confer (A) recognize the need for, and pursue a decision by the democratically-elected Gov- significant leverage to the Governments of continuing and constructive dialogue with ernment of Sri Lanka, following the assas- Iran, Cuba, and China, and could impose an the international community on, the future sination of Foreign Minister Kadirgamar, to undesirable layer of politicized bureaucracy of Internet governance; and remain in discussions with the Liberation

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13412 CONGRESSIONAL RECORD — SENATE November 18, 2005 Tigers of Tamil Eelam in an attempt to re- (1) in subsection (a)— fort, and financial investment. They solve peacefully the issues facing the people (A) in paragraph (2)(B), by striking ‘‘A vol- are afforded intellectual property pro- of Sri Lanka; and unteer organization in a participating State tection under the Vessel Hull Design (3) urges all parties in Sri Lanka to remain may not submit background check requests Protection Act that Congress passed in under paragraph (3).’’; committed to the negotiating process and to 1998. This law exists for the same rea- make every possible attempt at national rec- (B) in paragraph (3)— onciliation. (i) in subparagraph (A), by striking ‘‘a 30- son that other works enjoy intellectual month’’ and inserting: ‘‘a 60-month’’; property rights: to encourage contin- f (ii) by striking subparagraph (B) and in- ued innovation, to protect the works AUTHORIZATION FOR PRINTING OF serting the following: that emerge from the creative process, SENATE ELECTION LAW GUIDE- ‘‘(B) PARTICIPATING ORGANIZATIONS.— and to reward the creators. Recent ‘‘(i) ELIGIBLE ORGANIZATIONS.—Eligible or- BOOK courtroom experience has made it clear ganizations include— that the protections Congress passed 7 Mr. MCCONNELL. Mr. President, I ‘‘(I) the Boys and Girls Clubs of America; years ago need some statutory refine- now ask unanimous consent that the ‘‘(II) the MENTOR/National Mentoring Partnership; ment to ensure they meet the purposes Senate proceed to the consideration of we envisioned. The Vessel Hull Design S. Res. 325, which was submitted ear- ‘‘(III) the National Council of Youth Sports; and Protection Act Amendments shore up lier today. ‘‘(IV) any nonprofit organization that pro- the law, making an important clari- The PRESIDING OFFICER. The vides care, as that term is defined in section fication about the scope of the protec- clerk will report the resolution by 5 of the National Child Protection Act of 1993 tions available to boat designs. title. (42 U.S.C. 5119c), for children. We continue to be fascinated with, The legislative clerk read as follows: ‘‘(ii) PILOT PROGRAM.—The eligibility of an and in so many ways dependent on, organization described in clause (i)(IV) to A resolution (S. Res. 325) to authorize the bodies of water, both for recreation and participate in the pilot program established printing of a revised edition of the Senate under this section shall be determined by the commerce. More than 50 percent of Election Law Guidebook. National Center for Missing and Exploited Americans live on or near the coastline There being no objection, the Senate Children according to criteria established by in this country. We seem always to be proceeded to consider the resolution. such Center, including the potential number drawn to the water, whether it is the Mr. MCCONNELL. I ask unanimous of applicants and suitability of the organiza- beautiful Lake Champlain in my home consent that the resolution be agreed tion to the intent of this section.’’; State of Vermont or the world’s large to and the motion to reconsider be laid (iii) by striking subparagraph (C) and in- oceans. And as anyone who has visited serting the following: upon the table. our seaports can attest, much of our ‘‘(C) APPLICANTS FROM PARTICIPATING ORGA- commerce involves sea travel. I would The PRESIDING OFFICER. Without NIZATIONS.—Participating organizations may objection, it is so ordered. request background checks on applicants for like to thank Senators KOHL and The resolution (S. Res. 325) was positions as volunteers and employees who HATCH for cosponsoring this legisla- agreed to, as follows: will be working with children or supervising tion. Protecting boat designs and en- S. RES. 325 volunteers.’’; couraging innovation in those designs (iv) in subparagraph (D), by striking ‘‘the Resolved, That the Committee on Rules and are worthy aims, and I am grateful organizations described in subparagraph (C)’’ Administration shall prepare a revised edi- that we have moved to pass this bipar- and inserting ‘‘participating organizations’’; tion of the Senate Election Law Guidebook, tisan legislation. and Senate Document 106–14 , and that such doc- Mr. MCCONNELL. I ask unanimous (v) in subparagraph (F), by striking ‘‘14 ument shall be printed as a Senate docu- consent the bill be read a third time business days’’ and inserting ‘‘10 business ment. days’’; and and passed, the motion to reconsider be SEC. 2. There shall be printed, beyond the (2) in subsection (c)(1), by striking ‘‘and laid on the table with no intervening usual number, 500 additional copies of the 2005’’ and inserting ‘‘through 2008’’. action or debate, and any statements document specified in the first section for f be printed in the RECORD. the use of the Committee on Rules and Ad- The PRESIDING OFFICER. Without ministration. VESSEL HULL DESIGN objection, it is so ordered. f PROTECTION AMENDMENTS of 2005 The bill (S. 1785) was read the third time and passed, as follows: CHILD SAFETY PILOT PROGRAM Mr. MCCONNELL. Mr. President, I ask unanimous consent the Judiciary Com- S. 1785 Mr. MCCONNELL. Mr. President, I mittee be discharged from further con- Be it enacted by the Senate and House of Rep- now ask unanimous consent that the sideration of S. 1785 and the Senate resentatives of the United States of America in Senate proceed to the immediate con- proceed to its immediate consider- Congress assembled, sideration of Calendar No. 298, S. 1961. ation. SECTION 1. SHORT TITLE. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without This Act may be cited as the ‘‘Vessel Hull clerk will report the bill by title. objection, it is so ordered. The clerk Design Protection Amendments of 2005’’. The legislative clerk read as follows: will report the bill by title. SEC. 2. DESIGNS PROTECTED. The legislative clerk read as follows: Section 1301(a) of title 17, United States A bill (S. 1961) to extend and expand the Code, is amended by striking paragraph (2) Child Safety Pilot Program. A bill (S. 1785) to amend chapter 13 of title and inserting the following: There being no objection, the Senate 17, United States Code (relating to the vessel ‘‘(2) VESSEL FEATURES.—The design of a hull design protection), to clarify the dis- vessel hull or deck, including a plug or mold, proceeded to consider the bill. tinction between a hull and a deck, to pro- Mr. MCCONNELL. I ask unanimous is subject to protection under this chapter, vide factors for the determination of the notwithstanding section 1302(4).’’. consent that the bill be read a third protectability of a revised design, to provide time and passed, the motion to recon- guidance for assessments of substantial simi- SEC. 3. DEFINITIONS. Section 1301(b) of title 17, United States larity, and for other purposes. sider be laid upon the table, and that Code, is amended— any statements relating to the bill be There being no objection, the Senate (1) in paragraph (2), by striking ‘‘vessel printed in the RECORD. proceeded to consider the bill. hull, including a plug or mold,’’ and insert- The bill (S. 1961) was read the third Mr. LEAHY. Mr. President, Senator ing ‘‘vessel hull or deck, including a plug or time and passed, as follows: CORNYN and I have already worked to- mold,’’; S. 1961 gether on significant Freedom of Infor- (2) by striking paragraph (4) and inserting the following: Be it enacted by the Senate and House of Rep- mation Act legislation and on counter- feiting legislation during the first ses- ‘‘(4) A ‘hull’ is the exterior frame or body resentatives of the United States of America in of a vessel, exclusive of the deck, super- Congress assembled, sion of this Congress. Today, we pass yet another bill and take our partner- structure, masts, sails, yards, rigging, hard- SECTION 1. SHORT TITLE. ware, fixtures, and other attachments.’’; and This Act may be cited as the ‘‘Extending ship to the high seas, or at least to our (3) by adding at the end the following: the Child Safety Pilot Program Act of 2005’’. Nation’s boat manufacturing industry, ‘‘(7) A ‘deck’ is the horizontal surface of a SEC. 2. EXTENSION OF THE CHILD SAFETY PILOT with the Vessel Hull Design Protection vessel that covers the hull, including exte- PROGRAM. Act Amendments of 2005. rior cabin and cockpit surfaces, and exclu- Section 108 of the PROTECT Act (42 U.S.C. Designs of boat vessel hulls are often sive of masts, sails, yards, rigging, hardware, 5119a note) is amended— the result of a great deal of time, ef- fixtures, and other attachments.’’.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13413 LAND CONVEYANCE IN THE CITY record of the United States to the facility re- While we must provide all necessary OF RICHFIELD, UTAH ferred to in subsection (a) shall be deemed to resources to the AU, we should also be a reference to the ‘‘Holly A. Charette Post Mr. MCCONNELL. Mr. President, I recognize its limitations. This bill Office’’. identifies specific areas where NATO ask unanimous consent the Senate pro- f ceed to the immediate consideration of should provide assistance, including Calendar No. 282, H.R. 680. DARFUR PEACE AND training, logistics, command and con- The PRESIDING OFFICER. The ACCOUNTABILITY ACT OF 2005 trol, and intelligence. clerk will report the bill by title. Mr. MCCONNELL. Mr. President, I The message is clear: the AU’s failure The legislative clerk read as follows: ask unanimous consent the Committee will be ours. And, as the genocide con- tinues to unfold, there will be only one A bill (H.R. 680) to direct the Secretary of on Foreign Relations be discharged Interior to convey certain land held in trust from further consideration of S. 1462 question. Were all available resources for the Paiute Indian Tribe of Utah to the and the Senate proceed to its imme- expended to stop it? City of Richfield, Utah, and for other pur- diate consideration. Second, the bill insists that the poses. The PRESIDING OFFICER. Without United States work to impose sanc- Mr. MCCONNELL. I ask unanimous objection, it is so ordered. The clerk tions currently available under exist- consent the bill be read a third time will report the bill by title. ing U.N. Security Council resolutions and passed, the motion to reconsider be The legislative clerk read as follows: and seek to pass a new, more effective laid upon the table, and that any state- A bill (S. 1462) to promote peace and ac- resolution. The U.N. must impose the ments relating to the bill be printed in countability in Sudan, and for other pur- targeted sanctions promised under pre- the RECORD. poses. vious resolutions. And it must extend The PRESIDING OFFICER. Without There being no objection, the Senate the arms embargo to include all of objection, it is so ordered. proceeded to consider the bill. Sudan and thus truly ensure that weap- The bill (H.R. 680) was read the third Mr. CORZINE. Mr. President, today ons do not end up in Darfur. time and passed. the Senate has passed the bipartisan The bill grants the President the au- Darfur Peace and Accountability Act thority to impose real sanctions— f introduced by my colleague, Senator blocking of assets and denial of visas— DESIGNATING THE HOLLY A. BROWNBACK, and myself. This legisla- to those responsible for genocide, war CHARETTE POST OFFICE tion is a critical step in finally stop- crimes and crimes against humanity, ping the genocide raging in Darfur and and requires that he report to Congress bringing lasting peace to the region. any waiver of those sanctions. Indi- DESIGNATING THE RANDALL D. It has been 15 months since the Con- vidual accountability changes behav- SHUGHART POST OFFICE BUILD- gress declared the atrocities in Darfur ior. This is a powerful tool, and I am ING to be genocide, and over a year since hopeful that the President will use it the administration made the same dec- to its fullest. DESIGNATING THE VINCENT laration. Yet far too little has been This bill has other critical provi- PALLADINO POST OFFICE done to live up to our moral obligation sions. It denies entry to our ports to to actually save lives. Fellow human ships working with Sudan’s oil sector. beings are being mercilessly slaugh- It prohibits assistance to countries vio- DESIGNATING THE WILLIE tered. We have the capacity to protect lating the arms embargo. And it calls VAUGHN POST OFFICE them. If we do not, history will forever for a Presidential envoy to bring the full weight of this administration to Mr. McCONNELL. Mr. President, I condemn our failure. That is what this bear on stopping the genocide and re- ask unanimous consent the Homeland bill is about. This is the second time a version of solving the crisis engulfing Sudan and Security and Governmental Affairs this bill has passed the Senate. In the region. Committee be discharged from further April, the bill was included as an Darfur must be a priority. The consideration, and the Senate proceed amendment to the emergency supple- United States has faced resistance to to the immediate consideration of S. ment appropriations bill but was multilateral sanctions against Sudan. 1989, H.R. 2062, H.R. 2183, and H.R. 3853, stripped out in conference. This time, But the answer is not to give up. The all en bloc. however, I am hopeful that the bill will issue should be raised in bilateral and The PRESIDING OFFICER. Without be passed into law. A dedicated, bipar- multilateral settings. Countries that objection, it is so ordered. The Senate tisan group of House members, includ- do business with Sudan and seek to will proceed to the consideration of the ing Congressman PAYNE, have pushed shield the government from sanctions measures en bloc. this legislation. Through their efforts need to understand that we are abso- Mr. MCCONNELL. I ask unanimous and with the support of leadership, we lutely committed to stopping genocide consent the bills be read a third time can pass this bill. and that our bilateral relations are at and passed and the motions to recon- That’s when the work will really stake. sider be laid on the table en bloc. begin. This legislation outlines the There is no time to lose. The situa- The PRESIDING OFFICER. Without policies and provides the authorities tion in Darfur is deteriorating by the objection, it is so ordered. necessary to stop the genocide. day. AU troops have been attacked, The bill (H.R. 2062) was read the third First, the bill recognizes that boots held hostage and killed. IDP camps time and passed. on the ground are needed to provide se- have been overrun in recent weeks and The bill (H.R. 2183) was read the third curity. It calls for the rapid expansion dozens have been slaughtered. Hun- time and passed. of the size and mandate of African dreds of thousands of internally dis- The bill (H.R. 3853) was read the third Union, AU, forces in Darfur. We must, placed persons can no longer be time and passed. however, provide actual resources to reached by humanitarian organiza- The bill (S. 1989) was read the third the AU for it to be effective. Just a few tions. The conflict has spread into time and passed as follows: weeks ago, a Senate amendment to the Chad, which already is straining to S. 1989 Foreign Operations appropriations bill support 200,000 Darfur refugees. We are Be it enacted by the Senate and House of Rep- for $50 million was removed in con- looking at the complete meltdown of resentatives of the United States of America in ference, leaving the AU with an ever- the region. What positive efforts have Congress assembled, increasing shortfall at precisely the been made in the last year and a half, SECTION 1. HOLLY A. CHARETTE POST OFFICE. worst moment. By passing this legisla- the incredible work of NGOs, the im- (a) DESIGNATION.—The facility of the tion, the Senate has once again portant efforts of a couple thousand United States Postal Service located at 57 stressed the need for greater U.S. as- Rolfe Square in Cranston, Rhode Island, AU troops in a region the size of Texas, shall be known and designated as the ‘‘Holly sistance to the AU. The administration could soon be reversed. A. Charette Post Office’’. must now follow up by requesting sig- I am grateful to my colleagues on (b) REFERENCES.—Any reference in a law, nificant funding for the AU in its next both sides of the aisle who have sup- map, regulation, document, paper, or other supplemental request. ported this bill and have joined me in

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I (i) who was not a member of such govern- (8) On March 24, 2005, the United Nations must also recognize the incredible ef- ment prior to July 1, 2005; or Security Council passed Security Council forts of civic and student groups, peo- (ii) who is a member of the regional Gov- Resolution 1590, establishing the United Na- ple of faith of all religions and denomi- ernment of Southern Sudan. tions Mission in Sudan (UNMIS), consisting (3) COMPREHENSIVE PEACE AGREEMENT FOR of up to 10,000 military personnel and 715 ci- nations, and Americans from all over SUDAN.—The term ‘‘Comprehensive Peace vilian police and tasked with supporting im- the country and from all walks of life Agreement for Sudan’’ means the peace plementation of the Comprehensive Peace who have come together on this issue. agreement signed by the Government of Agreement for Sudan and ‘‘closely and con- I have visited the IDP camps of Sudan and the Sudan People’s Liberation tinuously liais[ing] and coordinat[ing] at all Darfur and camps for Darfur refugees Movement/Army (SPLM/A) in Nairobi, levels with the African Union Mission in in Chad. But in our time, when news of Kenya, on January 9, 2005. Sudan (AMIS) with a view towards expedi- human misery crosses the globe in an SEC. 3. FINDINGS. tiously reinforcing the effort to foster peace instant, none of us can pretend that we Congress makes the following findings: in Darfur’’. (1) On July 22, 2004, the House of Rep- don’t see. That is why so many of our (9) On March 29, 2005, the United Nations resentatives and the Senate declared that Security Council passed Security Council citizens have risen up and demanded the atrocities occurring in the Darfur region Resolution 1591, extending the military em- action, not just words. of Sudan are genocide. bargo established by Security Council Reso- The American people understand (2) On September 9, 2004, Secretary of State lution 1556 to all the parties to the what Elie Wiesel said about Darfur well Colin L. Powell stated before the Committee N’djamena Ceasefire Agreement and any over a year ago. He asked: on Foreign Relations of the Senate, ‘‘geno- other belligerents in the states of North How can a citizen of a free country cide has been committed in Darfur and. . . the Darfur, South Darfur, and West Darfur, call- Government of Sudan and the [Janjaweed] not pay attention? How can anyone, ing for an asset freeze and travel ban against bear responsibility—and genocide may still those individuals who impede the peace proc- anywhere not feel outraged? How can a be occurring’’. ess, constitute a threat to stability in Darfur person, whether religious or secular, (3) On September 21, 2004, in an address be- and the region, commit violations of inter- not be moved by compassion? And fore the United Nations General Assembly, national humanitarian or human rights law above all, how can anyone who remem- President George W. Bush affirmed the Sec- or other atrocities, are responsible for offen- bers remain silent? retary of State’s finding and stated, ‘‘[a]t sive military overflights, or violate the mili- this hour, the world is witnessing terrible tary embargo, and establishing a Committee Elie Wiesel was referring of course to suffering and horrible crimes in the Darfur the memory of the Holocaust from of the Security Council and a Panel of Ex- region of Sudan, crimes my government has perts to assist in monitoring compliance which the moral imperative of our day concluded are genocide’’. with Security Council Resolutions 1556 and was borne: ‘‘never again.’’ Never again (4) On July 30, 2004, the United Nations Se- 1591. will we stand by. Never again will we curity Council passed Security Council Reso- (10) On March 31, 2005, the United Nations forget our common humanity. Never lution 1556, calling upon the Government of Security Council passed Security Council again will we turn away. Sudan to disarm the Janjaweed militias and Resolution 1593, referring the situation in to apprehend and bring to justice Janjaweed Mr. MCCONNELL. I ask unanimous Darfur since July 1, 2002, to the prosecutor of leaders and their associates who have incited consent that the Brownback amend- the International Criminal Court and calling and carried out violations of human rights on the Government of Sudan and all parties ment at the desk be agreed to, the bill and international humanitarian law, and es- as amended be read a third time and to the conflict to cooperate fully with the tablishing a ban on the sale or supply of Court. arms and related materiel of all types, in- passed, the motion to reconsider be (11) In remarks before the G–8 Summit on cluding the provision of related technical laid upon the table, and any state- June 30, 2005, President Bush reconfirmed training or assistance, to all nongovern- ments relating to the measure be print- that ‘‘the violence in Darfur is clearly geno- mental entities and individuals, including ed in the RECORD. cide’’ and ‘‘the human cost is beyond cal- the Janjaweed. The PRESIDING OFFICER. Without culation’’. (5) On September 18, 2004, the United Na- (12) On July 30, 2005, Dr. John Garang de objection, it is so ordered. tions Security Council passed Security Coun- Mabior, the newly appointed Vice President The amendment (No. 2674) was agreed cil Resolution 1564, determining that the of Sudan and the leader of the Sudan Peo- to. Government of Sudan had failed to meet its ple’s Liberation Movement/Army (SPLM/A) (The amendment is printed in today’s obligations under Security Council Resolu- for the past 21 years, was killed in a tragic RECORD under ‘‘Text of Amendments.’’) tion 1556, calling for a military flight ban in The bill (S. 1462), as amended, was and over the Darfur region, demanding the helicopter crash in southern Sudan, sparking names of Janjaweed militiamen disarmed riots in Khartoum and challenging the com- read the third time and passed, as fol- mitment of all the people of Sudan to the lows: and arrested for verification, establishing an International Commission of Inquiry on Comprehensive Peace Agreement for Sudan. S. 1462 Darfur to investigate violations of inter- SEC. 4. SENSE OF CONGRESS. Be it enacted by the Senate and House of Rep- national humanitarian and human rights It is the sense of Congress that— resentatives of the United States of America in laws, and threatening sanctions should the (1) the genocide unfolding in the Darfur re- Congress assembled, Government of Sudan fail to fully comply gion of Sudan is characterized by atrocities SECTION 1. SHORT TITLE. with Security Council Resolutions 1556 and directed against civilians, including mass This Act may be cited as the ‘‘Darfur 1564, including such actions as to affect Su- murder, rape, and sexual violence committed Peace and Accountability Act of 2005’’. dan’s petroleum sector or individual mem- by the Janjaweed and associated militias SEC. 2. DEFINITIONS. bers of the Government of Sudan. with the complicity and support of the Na- In this Act: (6) The Report of the International Com- tional Congress Party-led faction of the Gov- (1) APPROPRIATE CONGRESSIONAL COMMIT- mission of Inquiry on Darfur established ernment of Sudan; TEES.—The term ‘‘appropriate congressional that the ‘‘Government of the Sudan and the (2) all parties to the conflict in the Darfur committees’’ means the Committee on Inter- Janjaweed are responsible for serious viola- region have continued to violate the national Relations of the House of Rep- tions of international human rights and hu- N’djamena Ceasefire Agreement of April 8, resentatives and the Committee on Foreign manitarian law amounting to crimes under 2004, and the Abuja Protocols of November 9, Relations of the Senate. international law,’’ that ‘‘these acts were 2004, and violence against civilians, humani- (2) GOVERNMENT OF SUDAN.— conducted on a widespread and systematic tarian aid workers, and personnel of the Af- (A) IN GENERAL.—The term ‘‘Government basis, and therefore may amount to crimes rican Union Mission in Sudan (AMIS) is in- of Sudan’’ means the National Congress against humanity,’’ and that Sudanese offi- creasing; Party, formerly known as the National Is- cials and other individuals may have acted (3) the African Union should rapidly ex- lamic Front, government in Khartoum, with ‘‘genocidal intent’’. pand the size and amend the mandate of the Sudan, or any successor government formed (7) The Report of the International Com- African Union Mission in Sudan (AMIS) to on or after the date of the enactment of this mission of Inquiry on Darfur further notes authorize such action as may be necessary to Act (including the coalition National Unity that, pursuant to its mandate and in the protect civilians and humanitarian oper- Government agreed upon in the Comprehen- course of its work, the Commission had col- ations, and deter violence in the Darfur re- sive Peace Agreement for Sudan), except lected information relating to individual gion without delay; that such term does not include the regional perpetrators of acts constituting ‘‘violations (4) the international community, including Government of Southern Sudan. of international human rights law and inter- the United Nations, the North Atlantic Trea- (B) OFFICIALS OF THE GOVERNMENT OF national humanitarian law, including crimes ty Organization (NATO), the European SUDAN.—The term ‘‘Government of Sudan’’, against humanity and war crimes’’ and that Union, and the United States, should imme- when used with respect to an official of the a sealed file containing the names of those diately act to mobilize sufficient political, Government of Sudan, does not include an individual perpetrators had been delivered to military, and financial resources to support individual— the United Nations Secretary-General. the expansion of the African Union Mission

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(5) if an expanded and reinforced African ple’s Liberation Movement (SPLM) should— (a) UNITED STATES ASSISTANCE TO SUPPORT Union Mission in Sudan fails to stop geno- (A) seek to transform the SPLM into an in- AMIS.—Section 7 of the Comprehensive cide in the Darfur region, the international clusive, transparent, and democratic polit- Peace in Sudan Act of 2004 (Public Law 108– community should take additional, disposi- ical body; 497; 50 U.S.C. 1701 note) is amended— tive measures to prevent and suppress acts of (B) reaffirm the commitment of the SPLM (1) by striking ‘‘Notwithstanding’’ and in- genocide in the Darfur region; to bringing peace not only to southern serting ‘‘(a) GENERAL ASSISTANCE.—Notwith- (6) acting under Article 5 of the Charter of Sudan, but also to the Darfur region, eastern standing’’; and the United Nations, the United Nations Se- Sudan, and northern Uganda; and (2) by adding at the end the following new curity Council should call for suspension of (C) remain united in the face of potential subsection: ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Not- the Government of Sudan’s rights and privi- efforts to undermine the SPLM. withstanding any other provision of law, the leges of membership by the General Assem- SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN President is authorized to provide assist- DARFUR. bly until such time as the Government of ance, on such terms and conditions as the Sudan has honored pledges to cease attacks (a) BLOCKING OF ASSETS AND RESTRICTION President may determine and in consulta- upon civilians, demobilize the Janjaweed and ON VISAS.—Section 6 of the Comprehensive tion with the appropriate congressional com- associated militias, grant free and unfet- Peace in Sudan Act of 2004 (Public Law 108– mittees, to reinforce the deployment and op- tered access for deliveries of humanitarian 497; 50 U.S.C. 1701 note) is amended— erations of an expanded African Union Mis- assistance in the Darfur region, and allow for (1) in the heading of subsection (b), by in- sion in Sudan (AMIS) with the mandate, size, safe, unimpeded, and voluntary return of ref- serting ‘‘OF APPROPRIATE SENIOR OFFICIALS strength, and capacity to protect civilians ugees and internally displaced persons; OF THE SUDANESE GOVERNMENT’’ after ‘‘AS- and humanitarian operations, stabilize the (7) the President should use all necessary SETS’’; Darfur region of Sudan and dissuade and and appropriate diplomatic means to ensure (2) by redesignating subsections (c) deter air attacks directed against civilians the full discharge of the responsibilities of through (e) as subsections (d) through (f), re- and humanitarian workers, including but not the Committee of the United Nations Secu- spectively; and limited to providing assistance in the areas rity Council and the Panel of Experts estab- (3) by inserting after subsection (b) the fol- of logistics, transport, communications, ma- lished pursuant to section 3(a) of Security lowing new subsection: teriel support, technical assistance, training, Council Resolution 1591 (March 29, 2005); ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION command and control, aerial surveillance, (8) the United States should not provide as- ON VISAS OF CERTAIN INDIVIDUALS IDENTIFIED and intelligence.’’. sistance to the Government of Sudan, other BY THE PRESIDENT.— (b) NATO ASSISTANCE TO SUPPORT AMIS.— than assistance necessary for the implemen- ‘‘(1) BLOCKING OF ASSETS.—Beginning on The President should instruct the United tation of the Comprehensive Peace Agree- the date that is 30 days after the date of the States Permanent Representative to the ment for Sudan, the support of the regional enactment of the Darfur Peace and Account- North Atlantic Treaty Organization (NATO) Government of Southern Sudan and ability Act of 2005, and in the interest of con- to use the voice, vote, and influence of the marginalized areas in northern Sudan (in- tributing to peace in Sudan, the President United States at NATO to advocate NATO cluding the Nuba Mountains, Southern Blue shall, consistent with the authorities grant- reinforcement of the African Union Mission Nile, Abyei, Eastern Sudan (Beja), Darfur, ed in the International Emergency Economic in Sudan (AMIS), upon the request of the Af- and Nubia), as well as marginalized peoples Powers Act (50 U.S.C. 1701 et seq.), block the rican Union, including but not limited to the in and around Khartoum, or for humani- assets of any individual who the President provision of assets to dissuade and deter of- tarian purposes in Sudan, until such time as determines is complicit in, or responsible fensive air strikes directed against civilians the Government of Sudan has honored for, acts of genocide, war crimes, or crimes and humanitarian workers in the Darfur re- pledges to cease attacks upon civilians, de- against humanity in Darfur, including the gion of Sudan and other logistical, transpor- mobilize the Janjaweed and associated mili- family members or any associates of such in- tation, communications, training, technical tias, grant free and unfettered access for de- dividual to whom assets or property of such assistance, command and control, aerial sur- liveries of humanitarian assistance in the individual was transferred on or after July 1, veillance, and intelligence support. Darfur region, and allow for safe, unimpeded, 2002. (c) DENIAL OF ENTRY AT UNITED STATES and voluntary return of refugees and inter- ‘‘(2) RESTRICTION ON VISAS.—Beginning on PORTS TO CERTAIN CARGO SHIPS OR OIL TANK- nally displaced persons; the date that is 30 days after the date of the ERS.— (9) the President should seek to assist enactment of the Darfur Peace and Account- (1) IN GENERAL.—The President should take members of the Sudanese diaspora in the ability Act of 2005, and in the interest of con- all necessary and appropriate steps to deny United States by establishing a student loan tributing to peace in Sudan, the President the Government of Sudan access to oil reve- forgiveness program for those individuals shall deny visas and entry to any individual nues, including by prohibiting entry at who commit to return to southern Sudan for who the President determines is complicit United States ports to cargo ships or oil a period of not less than 5 years for the pur- in, or responsible for, acts of genocide, war tankers engaged in business or trade activi- pose of contributing professional skills need- crimes, or crimes against humanity in ties in the oil sector of Sudan or involved in ed for the reconstruction of southern Sudan; Darfur, including the family members or any the shipment of goods for use by the armed (10) the President should appoint a Presi- associates of such individual to whom assets forces of Sudan, until such time as the Gov- dential Envoy for Sudan to provide steward- or property of such individual was trans- ernment of Sudan has honored its commit- ship of efforts to implement the Comprehen- ferred on or after July 1, 2002.’’. ments to cease attacks on civilians, demobi- sive Peace Agreement for Sudan, seek ways (b) WAIVER.—Section 6(d) of the Com- lize and demilitarize the Janjaweed and asso- to bring stability and peace to the Darfur re- prehensive Peace in Sudan Act of 2004 (as re- ciated militias, grant free and unfettered ac- gion, address instability elsewhere in Sudan designated by subsection (a)) is amended by cess for deliveries of humanitarian assist- and northern Uganda, and pursue a truly adding at the end the following new sen- ance, and allow for the safe and voluntary comprehensive peace throughout the region; tence: ‘‘The President may waive the appli- return of refugees and internally displaced (11) in order to achieve the goals specified cation of paragraph (1) or (2) of subsection (c) persons. in paragraph (10) and to further promote with respect to an individual if— (2) EXCEPTION.—Paragraph (1) shall not human rights and civil liberties, build de- ‘‘(1) the President determines that such a apply with respect to cargo ships or oil tank- mocracy, and strengthen civil society, the waiver is in the national interest of the ers involved in an internationally-recognized Presidential Envoy for Sudan should be em- United States; and demobilization program or the shipment of powered to promote and encourage the ex- ‘‘(2) prior to exercising the waiver, the non-lethal assistance necessary to carry out change of individuals pursuant to edu- President transmits to the appropriate con- elements of the Comprehensive Peace Agree- cational and cultural programs, including gressional committees a notification of the ment for Sudan. programs funded by the United States Gov- waiver that includes the name of the indi- (d) PROHIBITION ON ASSISTANCE TO COUN- ernment; vidual and the reasons for the waiver.’’. TRIES IN VIOLATION OF UNITED NATIONS SECU- (12) the international community should (c) SANCTIONS AGAINST CERTAIN JANJAWEED RITY COUNCIL RESOLUTIONS 1556 AND 1591.— strongly condemn attacks against humani- COMMANDERS AND COORDINATORS.—The Presi- (1) PROHIBITION.—Amounts made available tarian workers and demand that all armed dent should immediately consider imposing to carry out the Foreign Assistance Act of groups in the Darfur region, including the the sanctions described in section 6(c) of the 1961 (22 U.S.C. 2151 et seq.) may not be used forces of the Government of Sudan, the Comprehensive Peace in Sudan Act of 2004 to provide assistance to the government of a Janjaweed, associated militias, the Sudan (as added by subsection (a)) against the country that is in violation of the embargo Liberation Movement/Army (SLM/A), the Janjaweed commanders and coordinators on military assistance with respect to Sudan Justice and Equality Movement (JEM), and identified by former United States Ambas- imposed pursuant to United Nations Secu- all other armed groups to refrain from such sador-at-Large for War Crimes before the rity Council Resolutions 1556 (July 30, 2004) attacks; Subcommittee on Africa of the Committee and 1591 (March 29, 2005).

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(2) WAIVER.—The President may waive the SEC. 8. CONTINUATION OF RESTRICTIONS. rectly related to that export’’ and inserting application of paragraph (1) if the President Restrictions against the Government of ‘‘activities or related transactions with re- determines and certifies to the appropriate Sudan that were imposed or are otherwise spect to southern Sudan, southern Kordofan/ congressional committees that it is in the applicable pursuant to Executive Order 13067 Nuba Mountains State, Blue Nile State, or national interests of the United States to do of November 3, 1997 (62 Federal Register Abyei’’; and so. 59989), title III and sections 508, 512, 527, and (4) by striking ‘‘the export or related 569 of the Foreign Operations, Export Fi- transaction’’ and all that follows and insert- SEC. 7. MULTILATERAL EFFORTS. nancing, and Related Programs Appropria- ing ‘‘such activities or related transactions The President shall direct the United tions Act, 2005 (division D of Public Law 108– would directly benefit the economic recovery States Permanent Representative to the 447), or any other similar provision of law, and development of those areas and people.’’. United Nations to use the voice and vote of should remain in effect and should not be SEC. 10. REPORTS. the United States to urge the adoption of a lifted pursuant to such provisions of law (a) REPORT ON AFRICAN UNION MISSION IN resolution by the United Nations Security until the President transmits to the appro- SUDAN (AMIS).—Section 8 of the Sudan Council which— priate congressional committees a certifi- Peace Act (Public Law 107–245; 50 U.S.C. 1701 (1) supports the expansion of the African cation that the Government of Sudan is act- note) is amended— Union Mission in Sudan (AMIS) so that it ing in good faith— (1) by redesignating subsection (c) as sub- achieves the mandate, size, strength, and ca- (1) to peacefully resolve the crisis in the section (d); and pacity needed to protect civilians and hu- Darfur region of Sudan; (2) by inserting after subsection (b) the fol- manitarian operations, and dissuade and (2) to disarm, demobilize, and demilitarize lowing new subsection: deter fighting and violence in the Darfur re- the Janjaweed and all government-allied mi- ‘‘(c) REPORT ON AFRICAN UNION MISSION IN gion of Sudan, and urges member states of litias; SUDAN (AMIS).—In conjunction with reports the United Nations to accelerate political, (3) to adhere to United Nations Security required under subsections (a) and (b) of this material, financial, and other assistance to Council Resolutions 1556 (2004), 1564 (2004), section thereafter, the Secretary of State the African Union toward this end; 1591 (2005), and 1593 (2005); shall submit to the appropriate congres- (2) reinforces efforts of the African Union (4) to negotiate a peaceful resolution to the sional committees a report, to be prepared in to negotiate peace talks between the Govern- crisis in eastern Sudan; conjunction with the Secretary of Defense, ment of Sudan, the Sudan Liberation Move- (5) to fully cooperate with efforts to dis- on— ment/Army (SLM/A), the Justice and Equal- arm, demobilize, and deny safe haven to ‘‘(1) efforts to fully deploy the African ity Movement (JEM), and associated armed members of the Lords Resistance Army; and Union Mission in Sudan (AMIS) with the groups in the Darfur region, calls on the (6) to fully implement the Comprehensive size, strength, and capacity necessary to sta- Government of Sudan, the SLM/A, and the Peace Agreement for Sudan without manipu- bilize the Darfur region of Sudan and protect JEM to abide by their obligations under the lation or delay, including by— civilians and humanitarian operations; N’Djamena Ceasefire Agreement of April 8, (A) implementing the recommendations of ‘‘(2) the needs of AMIS to ensure success, 2004 and subsequent agreements, urges all the Abyei Commission Report; including in the areas of housing, transport, parties to engage in peace talks without pre- (B) establishing other appropriate commis- communications, equipment, technical as- conditions and seek to resolve the conflict, sions and implementing and adhering to the sistance, training, command and control, in- and strongly condemns all attacks against recommendations of such commissions con- telligence, and such assistance as is nec- humanitarian workers and African Union sistent with the terms of the Comprehensive essary to dissuade and deter attacks, includ- personnel in the Darfur region; Peace Agreement for Sudan; ing by air, directed against civilians and hu- (3) imposes sanctions against the Govern- (C) adhering to the terms of the Wealth manitarian operations; ment of Sudan, including sanctions against Sharing Agreement; and ‘‘(3) the current level of United States as- individual members of the Government of (D) withdrawing government forces from sistance and other assistance provided to Sudan, and entities controlled or owned by southern Sudan consistent with the terms of AMIS, and a request for additional United officials of the Government of Sudan or the the Comprehensive Peace Agreement for States assistance, if necessary; National Congress Party in Sudan until such Sudan. ‘‘(4) the status of North Atlantic Treaty time as the Government of Sudan has hon- SEC. 9. ASSISTANCE EFFORTS IN SUDAN. Organization (NATO) plans and assistance to ored its commitments to cease attacks on ci- (a) ADDITIONAL AUTHORITIES.—Section support AMIS; and vilians, demobilize and demilitarize the 501(a) of the Assistance for International Ma- ‘‘(5) the performance of AMIS in carrying Janjaweed and associated militias, grant laria Control Act (Public Law 106–570; 114 out its mission in the Darfur region.’’. free and unfettered access for deliveries of Stat. 350; 50 U.S.C. 1701 note) is amended— (b) REPORT ON SANCTIONS IN SUPPORT OF humanitarian assistance, and allow for the (1) by striking ‘‘Notwithstanding any other PEACE IN DARFUR.—Section 8 of the Sudan safe and voluntary return of refugees and in- provision of law’’ and inserting the fol- Peace Act (Public Law 107–245; 50 U.S.C. 1701 ternally displaced persons; lowing: note), as amended by subsection (a), is fur- (4) extends the military embargo estab- ‘‘(1) IN GENERAL.—Notwithstanding any ther amended— lished by United Nations Security Council other provision of law’’; (1) by redesignating subsection (d) (as re- Resolutions 1556 (July 30, 2004) and 1591 (2) by inserting ‘‘civil administrations,’’ designated) as subsection (e); and (March 29, 2005) to include a total prohibition after ‘‘indigenous groups,’’; (2) by inserting after subsection (c) the fol- on the sale or supply of offensive military (3) by striking ‘‘areas outside of control of lowing new subsection: equipment to the Government of Sudan, ex- the Government of Sudan’’ and inserting ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF cept for use in an internationally-recognized ‘‘southern Sudan, southern Kordofan/Nuba PEACE IN DARFUR.—In conjunction with re- demobilization program or for non-lethal as- Mountains State, Blue Nile State, and ports required under subsections (a), (b), and sistance necessary to carry out elements of Abyei’’; (c) of this section thereafter, the Secretary the Comprehensive Peace Agreement for (4) by inserting before the period at the end of State shall submit to the appropriate con- Sudan; the following: ‘‘, including the Comprehen- gressional committees a report regarding (5) calls upon those member states of the sive Peace Agreement for Sudan’’; and sanctions imposed under subsections (a) United Nations that continue to undermine (5) by adding at the end the following new through (d) of section 6 of the Comprehensive efforts to foster peace in Sudan by providing paragraph: Peace in Sudan Act of 2004, including— military assistance and equipment to the ‘‘(2) CONGRESSIONAL NOTIFICATION.—Assist- ‘‘(1) a description of each sanction imposed Government of Sudan, the SLM/A, the JEM, ance may not be obligated under this sub- under such provisions of law; and and associated armed groups in the Darfur section until 15 days after the date on which ‘‘(2) the name of the individual or entity region in violation of the embargo on such the President has provided notice thereof to subject to the sanction, if applicable.’’. assistance and equipment, as called for in the congressional committees specified in (c) REPORT ON INDIVIDUALS IDENTIFIED BY United Nations Security Council Resolutions section 634A of the Foreign Assistance Act of THE UNITED NATIONS IN CONNECTION WITH 1556 and 1591, to immediately cease and de- 1961 (22 U.S.C. 2394–1) in accordance with the GENOCIDE, WAR CRIMES, AND CRIMES AGAINST sist; and procedures applicable to reprogramming no- HUMANITY OR OTHER VIOLATIONS OF INTER- (6) acting under Article 5 of the Charter of tifications under such section.’’. NATIONAL HUMANITARIAN LAW IN DARFUR.— the United Nations, calls for suspension of (b) EXCEPTION TO PROHIBITIONS IN EXECU- Section 8 of the Sudan Peace Act (Public the Government of Sudan’s rights and privi- TIVE ORDER NO. 13067.—Subsection (b) of such Law 107–245; 50 U.S.C. 1701 note), as amended leges of membership by the General Assem- section is amended— by subsections (a) and (b), is further amend- bly until such time as the Government of (1) in the heading, by striking ‘‘EXPORT ed— Sudan has honored pledges to cease attacks PROHIBITIONS’’ and inserting ‘‘PROHIBITIONS (1) by redesignating subsection (e) (as re- upon civilians, demobilize the Janjaweed and IN EXECUTIVE ORDER NO. 13067’’; designated) as subsection (f); and associated militias, grant free and unfet- (2) by striking ‘‘shall not’’ and inserting (2) by inserting after subsection (d) the fol- tered access for deliveries of humanitarian ‘‘should not’’; lowing new subsection: assistance in the Darfur region, and allow for (3) by striking ‘‘any export from an area in ‘‘(e) REPORT ON INDIVIDUALS IDENTIFIED BY safe, unimpeded, and voluntary return of ref- Sudan outside of control of the Government THE UNITED NATIONS IN CONNECTION WITH ugees and internally displaced persons. of Sudan, or to any necessary transaction di- GENOCIDE, WAR CRIMES, AND CRIMES AGAINST

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13417

HUMANITY OR OTHER VIOLATIONS OF INTER- muscle and joint pain, sleep disorders, S. RES. 326 NATIONAL HUMANITARIAN LAW IN DARFUR.— heightened sensitivity to anesthesia, cold Whereas motor vehicle travel is the pri- Not later than 30 days after the date on pain, and difficulty swallowing and breath- mary means of transportation in the United which the United States has access to any of ing; States; the names of the individuals identified by Whereas 2005 is the 131st anniversary of the Whereas everyone on the roads and high- the International Commission of Inquiry on diagnosis of the first case of post-polio ways needs to drive more safely to reduce Darfur (established pursuant to United Na- sequelae and is the 21st anniversary of the deaths and injuries resulting from motor ve- tions Security Council Resolution 1564 creation of the International Post-Polio hicle accidents; (2004)), or the names of the individuals des- Task Force; Whereas the death of almost 43,000 people a ignated by the Committee of the United Na- Whereas research and clinical work by year in more than 6 million highway crashes tions Security Council (established pursuant members of the International Post-Polio in America has been called an epidemic by to United Nations Security Council Resolu- Task Force have discovered that post-polio Transportation Secretary Norman Mineta; tion 1591 (2005)), the Secretary of State shall sequelae can be treated, and even prevented, Whereas according to the National High- submit to the appropriate congressional if polio survivors are taught to conserve en- way Transportation Safety Administration, committees a report containing an assess- ergy and use assistive devices to stop dam- wearing a seat belt saved 15,434 lives in 2004; ment as to whether such individuals may be aging and killing the reduced number of and subject to sanctions under section 6 of the overworked, poliovirus-damaged neurons in Whereas the Sunday after Thanksgiving is Comprehensive Peace in Sudan Act of 2004 the spinal cord and brain that survived the the busiest highway traffic day of the year: (as amended by the Darfur Peace and Ac- polio attack; Now, therefore, be it countability Act of 2005) and the reasons for Whereas many medical professionals, and Resolved, That the Senate— such determination.’’. polio survivors, do not know of the existence (1) encourages— Mr. MCCONNELL. Mr. President, I of post-polio sequelae, or of the available (A) high schools, colleges, universities, ad- suggest we are getting pretty good at treatments; and ministrators, teachers, primary schools, and this. Whereas the mission of the International secondary schools to launch campus-wide The PRESIDING OFFICER. The Post-Polio Task Force includes educating educational campaigns to urge students to medical professionals and the world’s Chair agrees. be careful about safety when driving; 20,000,000 polio survivors about post-polio (B) national trucking firms to alert their f sequelae through the international Post- drivers to be especially focused on driving YEAR OF POLIO EDUCATION Polio Letter Campaign, The Post-Polio Insti- safely during the heaviest traffic day of the tute at New Jersey’s Englewood Hospital and year, and to publicize the importance of the Mr. MCCONNELL. Mr. President, I Medical Center, the publication of The Polio day using Citizen’s band (CB) radios and in ask unanimous consent that the HELP Paradox, and the television public service truck stops across the Nation; Committee be discharged from further announcement provided by the National (C) clergy to remind their members to consideration and the Senate now pro- Broadcasting Company: Now, therefore, be it travel safely when attending services and ceed to S. Res. 304. Resolved, That the Senate— gatherings; The PRESIDING OFFICER. Without (1) recognizes the need for every child, in (D) law enforcement personnel to remind America and throughout the world, to be objection, it is so ordered. drivers and passengers to drive particularly vaccinated against polio; safely on the Sunday after Thanksgiving; The clerk will report the bill by title. (2) recognizes the 1,630,000 Americans who The legislative clerk read as follows: and survived polio, their new battle with post- (E) everyone to use the Sunday after A resolution (S. Res. 304) to designate the polio sequelae, and the need for education Thanksgiving as an opportunity to educate period beginning on November 1, 2005, and and appropriate medical care; themselves about highway safety; and ending on October 31, 2006, as the Year of (3) requests that every State designate the (2) designates November 27, 2005, as ‘‘Drive Polio Education. period beginning on November 1, 2005, and Safer Sunday’’. There being no objection, the Senate ending on October 31, 2006, as the ‘‘Year of proceeded to considerthe resolution. Polio Education’’ to promote vaccination f and post-polio sequelae education and treat- Mr. MCCONNELL. Mr. President, I ment; and ask unanimous consent that the reso- LITTLE ROCK CENTRAL HIGH (4) requests that all appropriate Federal SCHOOL DESEGREGATION 50TH lution be agreed to, the preamble be departments and agencies take immediate agreed to, and the motion to reconsider action to educate— ANNIVERSARY COMMEMORATIVE be laid upon the table. (A) the people of the United States about COIN ACT The PRESIDING OFFICER. Without the need for polio vaccination; and Mr. MCCONNELL. Mr. President, I objection, it is so ordered. (B) polio survivors and medical profes- ask unanimous consent that the Com- The resolution (S. Res. 304) was sionals in the United States about the cause mittee on Banking, Housing, and and treatment of post-polio sequelae. agreed to. Urban Affairs be discharged from fur- The preamble was agreed to. f ther consideration of H.R. 358, and the The resolution, with its preamble, DRIVE SAFER SUNDAY Senate proceed to its immediate con- reads as follows: Mr. MCCONNELL. Mr. President, I sideration. S. RES. 304 ask unanimous consent that the Sen- The PRESIDING OFFICER. Without Whereas 2005 is the 50th anniversary of the ate proceed to the consideration of S. objection, it is so ordered. injectable polio vaccine; Res. 326, which was submitted earlier The clerk will report the bill by title. Whereas the polio vaccines eliminated nat- today. The legislative clerk read as follows: urally occurring polio cases in the United A bill (H.R. 358) Little Rock Central High States but have not yet eliminated polio in The PRESIDING OFFICER. The School Desegregation 50th Anniversary Com- other parts of the world; clerk will report the resolution by memorative Coin Act. Whereas as few as 57 percent of American title. children receive all doses of necessary vac- The legislative clerk read as follows: There being no objection, the Senate cines during childhood, including the polio A resolution (S. Res. 326) designating No- proceeded to considerthe bill. vaccine; vember 27, 2005 as ‘‘Drive Safer Sunday.’’ Mr. MCCONNELL. Mr. President, I Whereas the Centers for Disease Control There being no objection, the Senate ask unanimous consent that the Pryor and Prevention recommends that every child proceeded to consider the resolution. amendment at the desk be agreed to, in the United States receive all doses of the the bill, as amended, be read a third inactivated polio vaccine; Mr. MCCONNELL. Mr. President, I Whereas the success of the polio vaccines ask unanimous consent that the reso- time and passed, the motion to recon- has caused people to forget the 1,630,000 lution be agreed to, the preamble be sider be laid upon the table, and any Americans born before the development of agreed to, and the motion to reconsider statements relating to the measure be the vaccines who had polio during the be laid upon the table. printed in the RECORD. epidemics in the middle of the 20th century; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Whereas at least 70 percent of paralytic objection, it is so ordered. objection, it is so ordered. polio survivors and 40 percent of nonpara- The resolution (S. Res. 326) was The amendment (No. 2675) was agreed lytic polio survivors are developing post- to, as follows: polio sequelae, which are unexpected and agreed to. often disabling symptoms that occur about The preamble was agreed to. (Purpose: To provide a complete substitute) 35 years after the poliovirus attack, includ- The resolution, with its preamble, Strike all after the enacting clause and in- ing overwhelming fatigue, muscle weakness, reads as follows: sert the following:

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13418 CONGRESSIONAL RECORD — SENATE November 18, 2005 SECTION 1. SHORT TITLE. SEC. 6. SALE OF COINS. standing the adjournment of the Sen- This Act may be cited as the ‘‘Little Rock (a) SALE PRICE.—Notwithstanding any ate, when the Senate receives from the Central High School Desegregation 50th An- other provision of law, the coins issued under House a correcting resolution relating this Act shall be sold by the Secretary at a niversary Commemorative Coin Act’’. to the Treasury-Transportation con- SEC. 2. FINDINGS. price equal to the sum of the face value of the coins, the surcharge required under sec- ference report, the text of which is Congress finds the following: identical to the concurrent resolution (1) September 2007, marks the 50th anniver- tion 7(a) for the coins, and the cost of design- sary of the desegregation of Little Rock Cen- ing and issuing such coins (including labor, at the desk, the concurrent resolution tral High School in Little Rock, Arkansas. materials, dies, use of machinery, overhead be considered and agreed to, and the (2) In 1957, Little Rock Central High was expenses, and marketing). motion to reconsider be laid upon the the site of the first major national test for (b) BULK SALES.—The Secretary shall table. the implementation of the historic decision make bulk sales of the coins issued under The PRESIDING OFFICER. Without of the United States Supreme Court in this Act at a reasonable discount. (c) PREPAID ORDERS AT A DISCOUNT.— objection, it is so ordered. Brown, et al. v. Board of Education of Topeka, (1) IN GENERAL.—The Secretary shall ac- f et al., 347 U.S. 483 (1954). cept prepaid orders for the coins minted (3) The courage of the ‘‘Little Rock Nine’’ UNANIMOUS CONSENT AGREE- under this Act before the issuance of such (Ernest Green, Elizabeth Eckford, Melba coins. MENT—CONFERENCE REPORT TO Pattillo, Jefferson Thomas, Carlotta Walls, (2) DISCOUNT.—Sale prices with respect to ACCOMPANY H.R. 3058 Terrence Roberts, Gloria Ray, Thelma prepaid orders under paragraph (1) shall be Mothershed, and Minnijean Brown) who Mr. MCCONNELL. Mr. President, I at a reasonable discount. stood in the face of violence, was influential ask unanimous consent that the pre- to the Civil Rights movement and changed SEC. 7. SURCHARGES. vious order with respect to the con- (a) SURCHARGE REQUIRED.—All sales shall American history by providing an example ference report to accompany H.R. 3058 include a surcharge of $10 per coin. on which to build greater equality. (b) DISTRIBUTION.—Subject to section be modified to allow for adoption of the (4) The desegregation of Little Rock Cen- 5134(f) of title 31, United States Code, and conference report, notwithstanding the tral High by the 9 African American students subsection (d), all surcharges which are re- adjournment of the Senate. was recognized by Dr. Martin Luther King, ceived by the Secretary from the sale of The PRESIDING OFFICER. Without Jr. as such a significant event in the strug- coins issued under this Act shall be promptly objection, it is so ordered. gle for civil rights that in May 1958, he at- paid by the Secretary to the Secretary of the tended the graduation of the first African f Interior for the protection, preservation, and American from Little Rock Central High interpretation of resources and stories asso- AUTHORIZATION TO SIGN EN- School. ciated with Little Rock Central High School ROLLED BILLS OR JOINT RESO- (5) A commemorative coin will bring na- National Historic Site, including the fol- LUTIONS tional and international attention to the lowing: lasting legacy of this important event. Mr. MCCONNELL. Mr. President, I (1) Site improvements at Little Rock Cen- SEC. 3. COIN SPECIFICATIONS. tral High School National Historic Site. ask unanimous consent that during the (a) DENOMINATIONS.—The Secretary of the (2) Development of interpretive and edu- adjournment of the Senate, the major- Treasury (hereinafter in this Act referred to cation programs and historic preservation ity leader, the majority whip, and the as the ‘‘Secretary’’) shall mint and issue not projects. senior Senator from Virginia be au- more than 500,000 $1 coins each of which (3) Establishment of cooperative agree- thorized to sign duly enrolled bills or shall— ments to preserve or restore the historic joint resolutions. (1) weigh 26.73 grams; character of the Park Street and Daisy L. The PRESIDING OFFICER. Without (2) have a diameter of 1.500 inches; and Gatson Bates Drive corridors adjacent to the objection, it is so ordered. (3) contain 90 percent silver and 10 percent site. copper. (c) LIMITATION.—Notwithstanding sub- f (b) LEGAL TENDER.—The coins minted section (a), no surcharge may be included AUTHORIZATION FOR COMMITTEES under this Act shall be legal tender, as pro- with respect to the issuance under this Act TO REPORT vided in section 5103 of title 31, United States of any coin during a calendar year if, as of Code. the time of such issuance, the issuance of Mr. MCCONNELL. Mr. President, I (c) NUMISMATIC ITEMS.—For purposes of such coin would result in the number of com- ask unanimous consent, notwith- section 5136 of title 31, United States Code, memorative coin programs issued during standing the Senate’s adjournment, all coins minted under this Act shall be con- such year to exceed the annual 2 commemo- committees be authorized to report sidered to be numismatic items. rative coin program issuance limitation legislative and executive matters on SEC. 4. DESIGN OF COINS. under section 5112(m)(1) of title 31, United Thursday, December 8, 2005, from 10 (a) DESIGN REQUIREMENTS.—The design of States Code (as in effect on the date of the the coins minted under this Act shall be em- a.m. to 12 noon. enactment of this Act). The Secretary of the The PRESIDING OFFICER. Without blematic of the desegregation of the Little Treasury may issue guidance to carry out Rock Central High School and its contribu- this subsection. objection, it is so ordered. tion to civil rights in America. (d) CREDITABLE FUNDS.—Notwithstanding f (b) DESIGNATION AND INSCRIPTIONS.—On any other provision of the law and recog- AUTHORIZATION TO MAKE each coin minted under this Act there shall nizing the unique partnership nature of the be— Department of Interior and the Little Rock APPOINTMENTS (1) a designation of the value of the coin; School District at the Little Rock Central Mr. MCCONNELL. Mr. President, I (2) an inscription of the year ‘‘2007’’; and High School National Historic Site and the ask unanimous consent, notwith- (3) inscriptions of the words ‘‘Liberty’’, ‘‘In significant contributions made by the Little standing the upcoming recess or ad- God We Trust’’, ‘‘United States of America’’, Rock School District to preserve and main- journment of the Senate, the President and ‘‘E Pluribus Unum’’. tain the historic character of the high of the Senate, the President pro tem- (c) SELECTION.—The design for the coins school, any non-Federal funds expended by minted under this Act shall be— the school district (regardless of the source pore, and the majority and minority (1) selected by the Secretary after con- of the funds) for improvements at the Little leaders be authorized to make appoint- sultation with the Commission of Fine Arts; Rock Central High School National Historic ments to commissions, committees, and Site, to the extent such funds were used for boards, conferences, or interparliamen- (2) reviewed by the Citizens Coinage Advi- the purposes described in paragraph (1), (2), tary conferences authorized by law, by sory Committee established under section or (3) of subsection (b), shall be deemed to concurrent action of the two Houses or 5135 of title 31, United States Code. meet the requirement of funds from private by order of the Senate. SEC. 5. ISSUANCE OF COINS. sources of section 5134(f)(1)(A)(ii) of title 31, The PRESIDING OFFICER. Without (a) QUALITY OF COINS.—Coins minted under United States Code, with respect to the Sec- objection, it is so ordered. this Act shall be issued in uncirculated and retary of the Interior. proof qualities. The bill (H.R. 358), as amended, was f (b) COMMENCEMENT OF ISSUANCE.—The Sec- passed. EXECUTIVE SESSION retary may issue coins minted under this Act beginning January 1, 2007, except that f the Secretary may initiate sales of such UNANIMOUS CONSENT EXECUTIVE CALENDAR coins, without issuance, before such date. AGREEMENT H. CON. RES. 308 (c) TERMINATION OF MINTING AUTHORITY.— Mr. MCCONNELL. Mr. President, I No coins shall be minted under this Act after Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- December 31, 2007. ask unanimous consent that notwith- ate immediately proceed to executive

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13419 session to consider the following nomi- indicated while assigned to a position of im- Colonel Terry L. Wiley, 0000 nations on today’s Executive Calendar: portance and responsibility under title 10, The following named officer for appoint- Calendar 35, 444, 445, 446, 447, 448, 449, U.S.C., section 601: ment in the Reserve of the Army to the 450, 451, 452, 453, 454, 455, 456, 469, and all To be general grade indicated under title 10, U.S.C., section nominations on the Secretary’s desk. Lt. Gen. David D. McKiernan, 0000 12203: Further, I ask that the following The following named officer for appoint- To be brigadier general committees be discharged from further ment in the United States Army to the grade Col. Guy L. Sands-Pingot, 0000 consideration of the listed nominations indicated while assigned to a position of im- The following Army National Guard of the and the Senate proceed to their consid- portance and responsibility under title 10, United States officer for appointment in the eration en bloc: U.S.C., section 601: Reserve of the Army to the grade indicated Foreign relations, Alejandro Daniel To be lieutenant general under title 10, U.S.C., section 12203: Wolff, Ronald L. Schlicher, Carol van Maj. Gen. Peter W. Chiarelli, 0000 To be brigadier general Voorst, Ross Wilson, Donald M. Payne, The following named officer for appoint- Col. Mitchell L. Brown, 0000 Edward Randall Royce, Promotion List ment in the United States Army to the grade IN THE NAVY (pn999). indicated while assigned to a position of im- The following named officer fur appoint- I further ask unanimous consent that portance and responsibility under title 10, ment as Chief of Naval Personnel, United U.S.C., section 601: the nominations be confirmed en bloc, States Navy, and appointment to the grade the motions to reconsider be laid upon To be lieutenant general indicated while assigned to a position of im- the table, the President be imme- Maj. Gen. Keith W. Dayton, 0000 portance and responsibility under title 10, U.S.C., 601 and 5141: diately notified of the Senate’s action, The following named officer for appoint- To be vice admiral and the Senate then return to legisla- ment in the United States Army to the grade indicated while assigned to a position of im- tive session. Rear Adm. John C. Harvey, Jr., 0000 portance and responsibility under title 10, The following named officer for appoint- The PRESIDING OFFICER. Without U.S.C., section 601: objection, it is so ordered. ment in the United States Navy to the grade To be lieutenant general The nominations considered and con- indicated under title 10, U.S.C., section 624: firmed en bloc are as follows: Maj. Gen. John R. Wood, 0000 To be rear admiral (lower half) The following Army National Guard of the DEPARTMENT OF THE INTERIOR Capt. Frank Thorp, IV, 0000 United States officer for appointment in the IN THE COAST GUARD Patricia Lynn Scarlett, of California, to be Reserve of the Army to the grade indicated The following named officers for appoint- Deputy Secretary of the Interior. under title 10, U.S.C., section 12203: IN THE AIR FORCE ment in the United States Coast Guard to To be major general The following Air National Guard of the the grade indicated under Title 14, U.S.C., Brig. Gen. William T. Nesbitt, 0000 United States officers for appointment in the Section 271: Reserve of the Air Force to the grades indi- The following Army National Guard of the To be rear admiral (lower half) cated under title 10, U.S.C., section 12203. United States officers for appointment in the Capt. William D. Baumgartner, 0000 To be major general Reserve of the Army to the grades indicated Capt. Manson K. Brown, 0000 under Title 10, U.S.C., Section 12203: Brigadier General Larita A. Aragon, 0000 Capt. John S. Burhoe, 0000 To be major general Brigadier General Tod M. Bunting, 0000 Capt. Wayne E. Justice, 0000 Brigadier General Craig E. Campbell, 0000 Brigadier General Robert P. French, 0000 Capt. Daniel B. Lloyd, 0000 Brigadier General William R. Cotney, 0000 Brigadier General Donald J. Goldhorn, 0000 Capt. Robert C. Parker, 0000 Brigadier General R. Anthony Haynes, 0000 Brigadier General Richard B. Moorhead, 0000 Capt. Brian M. Salerno, 0000 Brigadier General Charles V. Ickes, II, 0000 Brigadier General Marvin W. Pierson, 0000 NOMINATIONS PLACED ON THE SECRETARY’S Brigadier General Robert A. Knauff, 0000 Brigadier General Stewart A. Reeve, 0000 DESK Brigadier General James R. Marshall, 0000 Brigadier General Randall E. Sayre, 0000 IN THE AIR FORCE Brigadier General Terry L. Scherling, 0000 Brigadier General Theodore G. Shuey, Jr., PN561 AIR FORCE nominations (2242) be- Brigadier General Michael J. Shira, 0000 0000 ginning BRIAN F. * ABELL, and ending RAY Brigadier General Emmett R. Titshaw, Jr., Brigadier General Thomas L. Sinclair, 0000 A. * ZUNIGA, which nominations were re- 0000 Brigadier General David A. Sprynczynatyk, ceived by the Senate and appeared in the To be brigadier general 0000 Congressional Record of May 26, 2005. Brigadier General Stephen F. Villacorta, 0000 PN1070 AIR FORCE nomination of Jon R. Colonel David S. Angle, 0000 Brigadier General Gregory L. Wayt, 0000 Colonel Thomas M. Botchie, 0000 Stovall, which was received by the Senate Brigadier General John J. Weeden, 0000 and appeared in the Congressional Record of Colonel Richard W. Burris, 0000 Brigadier General Deborah C. Wheeling, 0000 Colonel Garry C. Dean, 0000 November 10, 2005. Colonel Michael J. Dornbush, 0000 To be brigadier general PN1071 AIR FORCE nomination of Ken- Colonel Kathleen E. Fick, 0000 Colonel Ricky G. Adams, 0000 neth W. Bullock, which was received by the Colonel Edward R. Flora, 0000 Colonel Stephen E. Bogle, 0000 Senate and appeared in the Congressional Colonel James H. Gwin, 0000 Colonel Brent M. Boyles, 0000 Record of November 10, 2005. Colonel Scott B. Harrison, 0000 Colonel Stephen C. Burritt, 0000 PN1072 AIR FORCE nominations (2) be- Colonel David M. Hopper, 0000 Colonel Andrew C. Burton, 0000 ginning RANDALL S. LECHEMINANT, and Colonel Howard P. Hunt, III, 0000 Colonel Cameron A. Crawford, 0000 ending SCOTT H. R. LEE, which nomina- Colonel Cynthia N. Kirkland, 0000 Colonel Joseph G. DePaul, 0000 tions were received by the Senate and ap- Colonel John M. Motley, Jr., 0000 Colonel Mark C. DoW, 0000 peared in the Congressional Record of No- Colonel Gerald C. Olesen, 0000 Colonel Douglas B. Earhart, 0000 vember 10, 2005. Colonel Alan W. Palmer, 0000 Colonel William L. Enyart, Jr., 0000 PN1073 AIR FORCE nomination of Rena Colonel Michael L. Peplinski, 0000 Colonel Glenn C. Hammond, III, 0000 A. Nicholas, which was received by the Sen- Colonel Esther A. Rada, 0000 Colonel David L. Harris, 0000 ate and appeared in the Congressional Colonel Alex D. Roberts, 0000 Colonel Robert A. Harris, 0000 Record of November 10, 2005. Colonel Grant L. Hayden, 0000 PN1074 AIR FORCE nomination of Jeffrey The following Air National Guard of the S. Brittig, which was received by the Senate United States officers for appointment in the Colonel John W. Heltzel, 0000 Colonel Leodis T. Jennings, 0000 and appeared in the Congressional Record of Reserve of the Air Force to the grades indi- November 10, 2005. cated under title 10, U.S.C., section 12203. Colonel Larry D. Kay, 0000 Colonel Jeff W. Mathis, III, 0000 PN1075 AIR FORCE nomination of Albert To be brigadier general Colonel Wendell B. McLain, 0000 J. Bainger, which was received by the Senate Colonel Steven R. Doohen, 0000 Colonel Timothy S. Phillips, 0000 and appeared in the Congressional Record of The following named officers for appoint- Colonel Janet E. Phipps, 0000 November 10, 2005. ment in the United States Air Force to the Colonel Stanley R. Putnam, 0000 IN THE ARMY grade indicated under title 10, U.S.C., section Colonel Ronald J. Randazzo, 0000 PN1009 ARMY nominations (5) beginning 624: Colonel Joseph M. Richie, 0000 ROBINETTE J. AMAKER, and ending To be brigadier general Colonel King E. Sidwell, 0000 JOSEF H. MOORE, which nominations were Colonel Eugene A Stockton, 0000 received by the Senate and appeared in the Colonel Daniel R. Eagle, 0000 Colonel Timothy I. Sullivan, 0000 Congressional Record of October 25, 2005. IN THE ARMY Colonel Richard E. Swan, 0000 PN1010 ARMY nominations (6) beginning The following named officer for appoint- Colonel James H. Trogdon, III, 0000 TERRY K. BESCH, and ending JOHN R. ment in the United States Army to the grade Colonel James D. Tyre, 0000 TABER, which nominations were received by

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13420 CONGRESSIONAL RECORD — SENATE November 18, 2005 the Senate and appeared in the Congres- PN1023 Ross Wilson, of Maryland, a Ca- Gerald C. Anderson, of Illinois sional Record of October 25, 2005. reer Member of the Senior Foreign Service, David Egert Appleton, of New Hampshire PN1011 ARMY nominations (16) beginning Class of Minister-Counselor, to be Ambas- Gary G. Bagley, of California KIMBERLY K. ARMSTRONG, and ending sador Extraordinary and Plenipotentiary of Richard C. Beer, of Virginia KELLY A. WOLGAST, which nominations the United States of America to the Republic Scott D. Bellard, of the District of Columbia were received by the Senate and appeared in of Turkey. Eric David Benjaminson, of Oregon the Congressional Record of October 25, 2005. PN1065 Donald M. Payne, of New Jersey, Earle C. Blakeman III, of the District of Co- PN1012 ARMY nominations (38) beginning to be a Representative of the United States lumbia RANDALL G. ANDERSON, and ending JOHN of America to the Sixtieth Session of the John Brien Brennan, of Virginia H. TRAKOWSKI JR., which nominations General Assembly of the United Nations. Dolores Marie Brown, of Virginia were received by the Senate and appeared in PN1066 Edward Randall Royce, of Cali- Raymond Lewis Brown; of California the Congressional Record of October 25, 2005. fornia, to be a Representative of the United Sue Kathrine Brown, of Texas PN1016 ARMY nominations (5) beginning States of America to the Sixtieth Session of Lee A. Brudvig, of California ROBERT DEMPSTER, and ending ERROL the General Assembly of the United Nations. Beatrice A. Camp, of Virginia The following-named Career Members of LADER, which nominations were received by Lois Ann Cecsarini, of Connecticut the Senior Foreign Service of the Depart- the Senate and appeared in the Congres- Judith Beth Cefkin, of Texas ment of State for promotion in the Senior sional Record of October 26, 2005. Foreign Service to the classes indicated: Ca- Linda Carol Cheatham, of Texas PN1017 ARMY nominations (22) beginning reer Members of the Senior Foreign Service Andrew Gilman Chritton, of Texas MIMMS MABEE, and ending JIMMIE of the United States of America, Class of Ca- John W. Davison, of Pennsylvania PEREZ, which nominations were received by reer Minister: Thomas Lawrence Delare, of Virginia the Senate and appeared in the Congres- J. Thomas Dougherty, of Wyoming sional Record of October 26, 2005. R. Nicholas Burns, of Massachusetts Mary Dale Draper, of California PN1018 ARMY nominations (2) beginning Eric S. Edelman, of Virginia Gordon K. Duguid, of Illinois MICHELLE BEACH, and ending HELEN James Franklin Jeffrey, of Virginia Susan M. Elbow, of the District of Columbia LAQUAY, which nominations were received Kristie Anne Kenney, of Virginia Thomas Scott Engle, of the District of Co- by the Senate and appeared in the Congres- Career Members of the Senior Foreign lumbia sional Record of October 26, 2005. Service of the United States of America, Henry S. Ensher, of California PN1019 ARMY nominations (4) beginning Class of Minister-Counselor: Paul Michael Fitzgerald, of Virginia GREGORY BREWER, and ending TERRELL Kathleen Hatch Allegrone, of Virginia William E. Fitzgerald, of New York MORROW, which nominations were received Jonathan Mark Aloisi, of California Robert Stephen Ford, of Maryland by the Senate and appeared in the Congres- Jay N. Anania, of Connecticut John Gilmore Fox, of California sional Record of October 26, 2005. Alexander A. Arvizu, of Colorado Atim Eneida George, of California PN1038 ARMY nominations (3) beginning David L. Ballard, of Texas Alan Eric Greenfield, of Maine WALTER J. AUSTIN, and ending KEITH C. William M. Bartlett, of Virginia Jeri S. Guthrie-Corn, of California SMITH, which nominations were received by Patricia A. Butenis, of Virginia Dean J. Haas, of California the Senate and appeared in the Congres- Frederick Bishop Cook, of Florida Mary E. Hickey, of California sional Record of November 4, 2005. Ernest E. Davis, of Missouri Greta Christine Holtz, of Florida PN1076 ARMY nomination of Jack N. Kathleen R. Davis, of California Jason P. Hyland, of Virginia Washburne, which was received by the Sen- Scott H. Delisi, of Minnesota Kevin M. Johnson, of New York ate and appeared in the Congressional David Tannrath Donahue, of Indiana Margaret Ellen Keeton, of California Record of November 10, 2005. Edward Kwok Hee Dong, of California Damaris A. Kirchhofer, of Hawaii PN1077 ARMY nominations (5) beginning Joseph R. Donovan, Jr., of New York Edward J. Kulakowski, of Virginia BARRY J. BERNSTEIN, and ending JUAN Patrick D. Donovan, of Virginia Jerry P. Lanier, of North Carolina M. VERA, which nominations were received Charles Lewis English, of Florida Edward Alex Lee, of Texas by the Senate and appeared in the Congres- Gary M. Gibson, of Maryland David Erik Lindwall, of Texas sional Record of November 10, 2005. Mary Ellen T. Gilroy, of Virginia Eric H. Madison, of Virginia PN1078 ARMY nominations (2) beginning George A. Glass, of New Jersey Frank J. Manganiello, of Virginia MELVIN S. HOGAN, and ending JOSEPH M. Patricia Haslach, of Oregon Alberta Mayberry, of Virginia JACKSON, which nominations were received William J. Haugh, of Virginia James P. McAnulty, of Virginia by the Senate and appeared in the Congres- Eric G. John, of Indiana Maria Elizabeth McKay, of Florida sional Record of November 10, 2005. John J. Keyes III, of Florida Alan Greeley Misenheimer, of Virginia IN THE COAST GUARD Michael David Kirby, of Ohio Robin Jan Morritz, of Illinois PN843 COAST GUARD nomination of L.W. Koengeter, of Florida Christopher W. Murray, of the District of Co- Kathleen M. Donohoe, which was received by Alan Bryan Cedric Latimer, of Georgia lumbia the Senate and appeared in the Congres- Sally Mathiasen Light, of Washington Adam E. Namm, of Virginia sional Record of September 8, 2005. Hugo L. Lorens, of Florida Patricia Nelson-Douvelis, of Virginia PN984 Alejandro Daniel Wolff. of Cali- Jackson C. McDonald, of Florida Richard Norland, of Missouri fornia, a Career Member of the Senior For- William Joseph McGlynn, Jr., of California Maureen E. Park, of Virginia eign Service, Class of Minister-Counselor, to Luis G. Moreno, of Florida Geeta Pasi. of New York be Representative of the United States of David D. Nelson, of South Dakota Lawrence G. Richter, of California America to the Sessions of the General As- Carol Zelis Perez, of Texas Ferial Ara Saeed, of California sembly of the United Nations, during his ten- Roger Dwayne Pierce, of Virginia Richard Milton Sanders, of Pennsylvania ure of service as Deputy Representative of Marguerita D. Ragsdale, of Virginia Eric T. Schultz, of Colorado the United States of America to the United Charles Aaron Ray, of Texas Sandra Jean Shipshock, of Virginia Nations. James P. Reid, of California Gregory S. Stanford, of Florida PN983 Alejandro Daniel Wolff, of Cali- Ronald Sinclair Robinson, of Virginia David L. Stone, of Louisiana fornia, a Career Member of the Senior For- Leslie Ventura Rowe, of Washington W. Stuart Symington IV, of Missouri eign Service, Class of Minister-Counselor, to Daniel A. Russell, of Maine Lucy Tamlyn, of New York be the Deputy Representative of the United John Frederick Sammis, of Virginia Douglas B. Wake, of New York States of America to the United Nations, Robin Renee Sanders, of New York Vivian S. Walker, of California with the rank and status of Ambassador Ex- Kyle R. Scott, of Arizona Charles H. Walsh, Jr., of Oregon traordinary and Plenipotentiary, and the Daniel Bennett Smith, of Colorado Laurie B. Weitzenkorn, of Florida Deputy Representative of the United States Douglas Gordon Spelman, of Virginia Mark A. Wentworth, of Maine of America in the Security Council of the Susan H. Swart, of Virginia Bruce Williamson, of Virginia United Nations. Harlan D. Wadley, of Washington Claud R. Young, Jr., of the District of Co- PN982 Ronald L. Schlicher, of Tennessee, D. Bruce Wharton, of Virginia lumbia a Career Member of the Senior Foreign Serv- James G. Williard, of Florida Career Members of the Senior Foreign ice, Class of Minister-Counselor, to be Am- Robert T. Yamate, of California Service, Class of Counselor, and Consular Of- bassador Extraordinary and Plenipotentiary The following-named Career Members of ficers and Secretaries in the Diplomatic of the United States of America to the Re- the Foreign Service for promotion into the Service of the United States of America: public of Cyprus. Senior Foreign Service, and for appointment Randall D. Bennett, of Maryland PN1022 Carol van Voorst, of Virginia, a as Consular officers and Secretaries in the David J. Benson, of Florida Career Member of the Senior Foreign Serv- Diplomatic Service, as indicated: Career Roger N. Cohen, of Florida ice, Class of Minister-Counselor, to be Am- Members of the Senior Foreign Service of James T. Cronin, Jr., of Virginia bassador Extraordinary and Plenipotentiary the United States of America, Class of Coun- Rodney Allen Evans, of Virginia of the United States of America to the Re- selor: Walter G. Felt, of Virginia public of Iceland. Richard Alan Albright, of Ohio Lester S. Folensbee, of Virginia

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13421 William S. Green, of Ohio quantities, as the Secretary, in the Sec- circulating coin to the edge of the coin, Stephen Richard Hartwell, of New Hamp- retary’s discretion, may prescribe’’. which would allow larger and more dramatic shire On page 25, line 23, strike ‘‘the face value artwork on the coins reminiscent of the so- Mark Jeffrey Hipp, of Washington of the coins; and’’ and insert ‘‘the market called ‘‘Golden Age of Coinage’’ in the Mark J. Hunter, of Florida value of the bullion at the time of sale; and’’. United States, at the beginning of the Twen- David G. Kidd, of Virginia On page 26, between lines 9 and 10, insert tieth Century, initiated by President Theo- Timothy C. Lawson, of Ohio the following: dore Roosevelt, with the assistance of noted Russell G. Le Clair, Jr., of Illinois ‘‘(8) PROTECTIVE COVERING.— sculptors and medallic artists James Earle Patrick Joseph Meagher, of California ‘‘(A) IN GENERAL.—Each bullion coin hav- Fraser and Augustus Saint-Gaudens. Thomas S. Miller, of Minnesota ing a metallic content as described in sub- (11) Placing inscriptions on the edge of Barry M. Moore, of Texas section (a)(11) and a design specified in para- coins, known as edge-incusing, is a hallmark Claude J. Nebel, Jr., of New Hampshire graph (2) shall be sold in an inexpensive cov- of modern coinage and is common in large- Christopher J. Paul, of Florida ering that will protect the coin from damage volume production of coinage elsewhere in Robert G. Reed, of Virginia due to ordinary handling or storage. the world, such as the 2,700,000,000 2-Euro Terrence K. Williamson, of Maryland ‘‘(B) DESIGN.—The protective covering re- coins in circulation, but it has not been done Jacob M. Wohlman, of Florida quired under subparagraph (A) shall be read- on a large scale in United States coinage in Charles E. Wright, of California ily distinguishable from any coin packaging recent years. f that may be used to protect proof coins (12) Although the Congress has authorized minted and issued under this subsection.’’. the Secretary of the Treasury to issue gold LEGISLATIVE SESSION The bill (S. 1047), as amended, was coins with a purity of 99.99 percent, the Sec- The PRESIDING OFFICER. Under read the third time and passed. retary has not done so. (13) Bullion coins are a valuable tool for the previous order, the Senate will re- S. 1047 turn to legislative session. the investor and, in some cases, an impor- Be it enacted by the Senate and House of Rep- tant aspect of coin collecting. f resentatives of the United States of America in SEC. 102. PRESIDENTIAL $1 COIN PROGRAM. Congress assembled, PRESIDENTIAL $1 COIN ACT OF Section 5112 of title 31, United States Code, 2005 SECTION 1. SHORT TITLE. is amended by adding at the end the fol- This Act may be cited as the ‘‘Presidential lowing: Mr. MCCONNELL. I ask unanimous $1 Coin Act of 2005’’. ‘‘(n) REDESIGN AND ISSUANCE OF CIRCU- consent that the Senate proceed to the TITLE I—PRESIDENTIAL $1 COINS LATING $1 Coins Honoring Each of the Presi- immediate consideration of Calendar SEC. 101. FINDINGS. dents of the United States.— 190, S. 1047. Congress finds the following: ‘‘(1) REDESIGN BEGINNING IN 2007.— The PRESIDING OFFICER. The (1) There are sectors of the United States ‘‘(A) IN GENERAL.—Notwithstanding sub- clerk will report the bill by title. economy, including public transportation, section (d) and in accordance with the provi- The legislative clerk read as follows: parking meters, vending machines, and low- sions of this subsection, $1 coins issued dur- ing the period beginning January 1, 2007, and A bill (S. 1047) to require the Secretary of dollar value transactions, in which the use of ending upon the termination of the program the Treasury to mint coins in commemora- a $1 coin is both useful and desirable for under paragraph (8), shall— tion of each of the Nation’s past Presidents keeping costs and prices down. ‘‘(i) have designs on the obverse selected in and their spouses, respectively to improve (2) For a variety of reasons, the new $1 coin accordance with paragraph (2)(B) which are circulation of the $1 coin, to create a new introduced in 2000 has not been widely emblematic of the Presidents of the United bullion coin. sought-after by the public, leading to higher costs for merchants and thus higher prices States; and There being no objection, the Senate for consumers. ‘‘(ii) have a design on the reverse selected proceeded to consider the bill. (3) The success of the 50 States Commemo- in accordance with paragraph (2)(A). Mr. MCCONNELL. I ask unanimous rative Coin Program (31 U.S.C. 5112(l)) for ‘‘(B) CONTINUITY PROVISIONS.— consent the amendment at the desk be circulating quarter dollars shows that a de- ‘‘(i) IN GENERAL.—Notwithstanding sub- agreed to, the bill, as amended, be read sign on a United States circulating coin that paragraph (A), the Secretary shall continue the third time and passed, the motion is regularly changed in a manner similar to to mint and issue $1 coins which bear any de- the systematic change in designs in such sign in effect before the issuance of coins as to reconsider be laid upon the table, required under this subsection (including the and any statements relating to be bill Program radically increases demand for the coin, rapidly pulling it through the economy. so-called ‘Sacagawea-design’ $1 coins). be printed in the RECORD. (4) The 50 States Commemorative Coin ‘‘(ii) CIRCULATION QUANTITY.—Beginning The PRESIDING OFFICER. Without Program also has been an educational tool, January 1, 2007, and ending upon the termi- objection, it is so ordered. teaching both Americans and visitors some- nation of the program under paragraph (8), The amendment (No. 2676) was agreed thing about each State for which a quarter the Secretary annually shall mint and issue to, as follows: has been issued. such ‘Sacagawea-design’ $1 coins for circula- 1 On page 6, strike lines 6 through 11, and in- (5) A national survey and study by the tion in quantities of no less than ⁄3 of the sert the following: Government Accountability Office has indi- total $1 coins minted and issued under this subsection.’’. ‘‘(B) CONTINUITY PROVISIONS.— cated that many Americans who do not seek, ‘‘(2) DESIGN REQUIREMENTS.—The $1 coins ‘‘(i) IN GENERAL.—Notwithstanding sub- or who reject, the new $1 coin for use in com- paragraph (A), the Secretary shall continue merce would actively seek the coin if an at- issued in accordance with paragraph (1)(A) to mint and issue $1 coins which bear any de- tractive, educational rotating design were to shall meet the following design require- sign in effect before the issuance of coins as be struck on the coin. ments: required under this subsection (including the (6) The President is the leader of our tri- ‘‘(A) COIN REVERSE.—The design on the re- so-called ‘Sacagawea-design’ $1 coins). partite government and the President’s verse shall bear— ‘‘(i) a likeness of the Statue of Liberty ex- ‘‘(ii) CIRCULATION QUANTITY.—Beginning spouse has often set the social tone for the January 1, 2007, and ending upon the termi- White House while spear-heading and high- tending to the rim of the coin and large nation of the program under paragraph (8), lighting important issues for the country. enough to provide a dramatic representation the Secretary annually shall mint and issue (7) Sacagawea, as currently represented on of Liberty while not being large enough to such ‘Sacagawea-design’ $1 coins for circula- the new $1 coin, is an important symbol of create the impression of a ‘2-headed’ coin; American history. ‘‘(ii) the inscription ‘$1’ ; and tion in quantities of no less than 1⁄3 of the total $1 coins minted and issued under this (8) Many people cannot name all of the ‘‘(iii) the inscription ‘United States of subsection.’’. Presidents, and fewer can name the spouses, America’. On page 17, lines 6 and 7, strike ‘‘transpor- nor can many people accurately place each ‘‘(B) COIN OBVERSE.—The design on the ob- tation and’’. President in the proper time period of Amer- verse shall contain— On page 17, line 7, strike ‘‘and entities’’. ican history. ‘‘(i) the name and likeness of a President of On page 17, line 18, strike ‘‘1-year’’ and in- (9) First Spouses have not generally been the United States; and sert ‘‘2-year’’. recognized on American coinage. ‘‘(ii) basic information about the Presi- On page 17, line 24, strike ‘‘prominently’’. (10) In order to revitalize the design of dent, including— On page 23, line 18, strike ‘‘$20’’ and insert United States coinage and return circulating ‘‘(I) the dates or years of the term of office ‘‘$50’’. coinage to its position as not only a nec- of such President; and On page 24, line 2, strike ‘‘$20’’ and insert essary means of exchange in commerce, but ‘‘(II) a number indicating the order of the ‘‘$50’’. also as an object of aesthetic beauty in its period of service in which the President On page 24, line 3, insert ‘‘and proof’’ after own right, it is appropriate to move many of served. ‘‘bullion’’. the mottos and emblems, the inscription of ‘‘(C) EDGE-INCUSED INSCRIPTIONS.— On page 24, line 4, strike ‘‘not to exceed the year, and the so-called ‘‘mint marks’’ ‘‘(i) IN GENERAL.—The inscription of the 500,000 in any year’’ and insert ‘‘in such that currently appear on the 2 faces of each year of minting or issuance of the coin and

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the inscriptions ‘E Pluribus Unum’ and ‘In ‘‘(o) FIRST SPOUSE BULLION COIN PRO- spouse of a President shall be issued on the God We Trust’ shall be edge-incused into the GRAM.— same schedule as the $1 coin issued under coin. ‘‘(1) IN GENERAL.—During the same period subsection (n) with respect to each such ‘‘(ii) PRESERVATION OF DISTINCTIVE EDGE.- described in subsection (n), the Secretary President. The edge-incusing of the inscriptions under shall issue bullion coins under this sub- ‘‘(B) MAXIMUM NUMBER OF BULLION COINS clause (i) on coins issued under this sub- section that are emblematic of the spouse of FOR EACH DESIGN.—The Secretary shall— section shall be done in a manner that pre- each such President. ‘‘(i) prescribe, on the basis of such factors serves the distinctive edge of the coin so ‘‘(2) SPECIFICATIONS.—The coins issued as the Secretary determines to be appro- that the denomination of the coin is readily under this subsection shall— priate, the maximum number of bullion discernible, including by individuals who are ‘‘(A) have the same diameter as the $1 coins that shall be issued with each of the blind or visually impaired. coins described in subsection (n); designs selected under this subsection; and ‘‘(D) INSCRIPTIONS OF ‘LIBERTY’.—Notwith- ‘‘(B) weigh 0.5 ounce; and ‘‘(ii) announce, before the issuance of the standing the second sentence of subsection ‘‘(C) contain 99.99 percent pure gold. bullion coins of each such design, the max- (d)(1), because the use of a design bearing the ‘‘(3) DESIGN REQUIREMENTS.— imum number of bullion coins of that design likeness of the Statue of Liberty on the re- ‘‘(A) COIN OBVERSE.—The design on the ob- that will be issued. verse of the coins issued under this sub- verse of each coin issued under this sub- ‘‘(C) TERMINATION OF PROGRAM.—No bullion section adequately conveys the concept of section shall contain— coin may be issued under this subsection Liberty, the inscription of ‘Liberty’ shall not ‘‘(i) the name and likeness of a person who after the termination, in accordance with appear on the coins. was a spouse of a President during the Presi- subsection (n)(8), of the $1 coin program es- ‘‘(E) LIMITATION IN SERIES TO DECEASED dent’s period of service; tablished under subsection (n). ‘‘(ii) an inscription of the years during PRESIDENTS.—No coin issued under this sub- ‘‘(6) QUALITY OF COINS.—The bullion coins section may bear the image of a living which such person was the spouse of a Presi- minted under this Act shall be issued in both former or current President, or of any de- dent during the President’s period of service; proof and uncirculated qualities. and ceased former President during the 2-year ‘‘(7) SOURCE OF GOLD BULLION.— ‘‘(iii) a number indicating the order of the period following the date of the death of that ‘‘(A) IN GENERAL.—The Secretary shall ac- President. period of service in which such President quire gold for the coins issued under this ‘‘(3) ISSUANCE OF COINS COMMEMORATING served. subsection by purchase of gold mined from ‘‘(B) COIN REVERSE.—The design on the re- PRESIDENTS.— natural deposits in the United States, or in verse of each coin issued under this sub- ‘‘(A) ORDER OF ISSUANCE.—The coins issued a territory or possession of the United section shall bear— under this subsection commemorating Presi- States, within 1 year after the month in ‘‘(i) images emblematic of the life and dents of the United States shall be issued in which the ore from which it is derived was work of the First Spouse whose image is the order of the period of service of each mined. borne on the obverse; and President, beginning with President George ‘‘(B) PRICE OF GOLD.—The Secretary shall ‘‘(ii) the inscription ‘United States of Washington. pay not more than the average world price America’. ‘‘(B) TREATMENT OF PERIOD OF SERVICE.— for the gold mined under subparagraph (A). ‘‘(C) DESIGNATED DENOMINATION.—Each ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(8) BRONZE MEDALS.—The Secretary may coin issued under this subsection shall bear, only 1 coin design shall be issued for a period strike and sell bronze medals that bear the on the reverse, an inscription of the nominal of service for any President, no matter how likeness of the bullion coins authorized denomination of the coin which shall be ‘$10’. many consecutive terms of office the Presi- under this subsection, at a price, size, and dent served. ‘‘(D) DESIGN IN CASE OF NO FIRST SPOUSE.— In the case of any President who served weight, and with such inscriptions, as the ‘‘(ii) NONCONSECUTIVE TERMS.—If a Presi- Secretary determines to be appropriate. dent has served during 2 or more non- without a spouse— ‘‘(9) LEGAL TENDER.—The coins minted consecutive periods of service, a coin shall be ‘‘(i) the image on the obverse of the bullion coin corresponding to the $1 coin relating to under this title shall be legal tender, as pro- issued under this subsection for each such vided in section 5103. nonconsecutive period of service. such President shall be an image emblematic of the concept of ‘Liberty’— ‘‘(10) TREATMENT AS NUMISMATIC ITEMS.— ‘‘(4) ISSUANCE OF COINS COMMEMORATING 4 For purposes of section 5134 and 5136, all PRESIDENTS DURING EACH YEAR OF THE PE- ‘‘(I) as represented on a United States coin issued during the period of service of such coins minted under this subsection shall be RIOD.— considered to be numismatic items.’’. ‘‘(A) IN GENERAL.—The designs for the $1 President; or coins issued during each year of the period ‘‘(II) as represented, in the case of Presi- SEC. 104. REMOVAL OF BARRIERS TO CIRCULA- TION. referred to in paragraph (1) shall be emblem- dent Chester Alan Arthur, by a design incor- Section 5112 of title 31, United States Code, atic of 4 Presidents until each President has porating the name and likeness of Alice as amended by sections 102 and 103, by adding been so honored, subject to paragraph (2)(E). Paul, a leading strategist in the suffrage ‘‘(B) NUMBER OF 4 CIRCULATING COIN DESIGNS movement, who was instrumental in gaining at the end the following: ‘‘(p) REMOVAL OF BARRIERS TO CIRCULATION IN EACH YEAR.—The Secretary shall pre- women the right to vote upon the adoption scribe, on the basis of such factors as the of the 19th amendment and thus the ability OF $1 COIN.— ‘‘(1) ACCEPTANCE BY AGENCIES AND INSTRU- Secretary determines to be appropriate, the to participate in the election of future Presi- MENTALITIES.— Beginning January 1, 2006, all number of $1 coins that shall be issued with dents, and who was born on January 11, 1885, agencies and instrumentalities of the United each of the designs selected for each year of during the term of President Arthur; and States, the United States Postal Service, all the period referred to in paragraph (1). ‘‘(ii) the reverse of such bullion coin shall ‘‘(5) LEGAL TENDER.—The coins minted be of a design representative of themes of non-appropriated fund instrumentalities es- under this title shall be legal tender, as pro- such President, except that in the case of the tablished under title 10, United States Code, vided in section 5103. bullion coin referred to in clause (i)(II) the all transit systems that receive operational ‘‘(6) TREATMENT AS NUMISMATIC ITEMS.—For reverse of such coin shall be representative subsidies or any disbursement of funds from purposes of section 5134 and 5136, all coins of the suffrage movement. the Federal Government, such as funds from minted under this subsection shall be consid- ‘‘(E) DESIGN AND COIN FOR EACH SPOUSE.—A the Federal Highway Trust Fund, including ered to be numismatic items. separate coin shall be designed and issued the Mass Transit Account, and all entities ‘‘(7) ISSUANCE OF NUMISMATIC COINS.—The under this section for each person who was that operate any business, including vending Secretary may mint and issue such number the spouse of a President during any portion machines, on any premises owned by the of $1 coins of each design selected under this of a term of office of such President. United States or under the control of any subsection in uncirculated and proof quali- ‘‘(F) INSCRIPTIONS.—Each bullion coin agency or instrumentality of the United ties as the Secretary determines to be appro- issued under this subsection shall bear the States, including the legislative and judicial priate. inscription of the year of minting or branches of the Federal Government, shall ‘‘(8) TERMINATION OF PROGRAM.—The issuance of the coin and such other inscrip- take such action as may be appropriate to issuance of coins under this subsection shall tions as the Secretary may determine to be ensure that by the end of the 2-year period terminate when each President has been so appropriate. beginning on such date— honored, subject to paragraph (2)(E), and ‘‘(4) SALE OF BULLION COINS.—Each bullion ‘‘(A) any business operations conducted by may not be resumed except by an Act of Con- coin issued under this subsection shall be any such agency, instrumentality, system, gress. sold by the Secretary at a price that is equal or entity that involve coins or currency will ‘‘(9) REVERSION TO PRECEDING DESIGN.— to or greater than the sum of— be fully capable of accepting and dispensing Upon the termination of the issuance of ‘‘(A) the face value of the coins; and $1 coins in connection with such operations; coins under this subsection, the design of all ‘‘(B) the cost of designing and issuing the and $1 coins shall revert to the so-called coins (including labor, materials, dies, use of ‘‘(B) displays signs and notices denoting ‘Sacagawea-design’ $1 coins.’’. machinery, overhead expenses, marketing, such capability on the premises where coins SEC. 103. FIRST SPOUSE BULLION COIN PRO- and shipping). or currency are accepted or dispensed, in- GRAM. ‘‘(5) ISSUANCE OF COINS COMMEMORATING cluding on each vending machine. Section 5112 of title 31, United States Code, FIRST SPOUSES.— ‘‘(2) PUBLICITY.—The Director of the as amended by section 102, is amended by ‘‘(A) IN GENERAL.—The bullion coins issued United States Mint, shall work closely with adding at the end the following: under this subsection with respect to any consumer groups, media outlets, and schools

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to ensure an adequate amount of news cov- propriate, and after consultation with the ‘‘(3) SUBSEQUENT DESIGNS.—After the 1-year erage, and other means of increasing public Board of Governors of the Federal Reserve period described to in paragraph (2), the Sec- awareness, of the inauguration of the Presi- System, the Secretary shall notify the Con- retary may— dential $1 Coin Program established in sub- gress of its assessment of issues related to ‘‘(A) after consulting with the Commission section (n) to ensure that consumers know of the co-circulation of any circulating $1 coin of Fine Arts, and subject to the review of the the availability of the coin. bearing any design, other than the so-called Citizens Coinage Advisory Committee, ‘‘(3) COORDINATION.—The Board of Gov- ‘Sacagawea-design’ $1 coin, in effect before change the design on the obverse or reverse ernors of the Federal Reserve System and the issuance of coins required under sub- of gold bullion coins struck under this sub- the Secretary shall take steps to ensure that section (n), including the effect of co-circula- section; and an adequate supply of $1 coins is available tion on the acceptance and use of $1 coins, ‘‘(B) change the maximum number of coins for commerce and collectors at such places and make recommendations to the Congress issued in any year. and in such quantities as are appropriate for improving the circulation of $1 coins.’’. ‘‘(4) SOURCE OF GOLD BULLION.— by— SEC. 105. SENSE OF THE CONGRESS. (A) IN GENERAL.—The Secretary shall ac- ‘‘(A) consulting, to accurately gauge de- It is the sense of the Congress that— quire gold for the coins issued under this mand for coins and to anticipate and elimi- (1) the enactment of this Act will serve to subsection by purchase of gold mined from nate obstacles to the easy and efficient dis- increase the use of $1 coins generally, which natural deposits in the United States, or in tribution and circulation of $1 coins as well will increase the circulation of the so-called a territory or possession of the United as all other circulating coins, from time to ‘‘Sacagawea- design’’ $1 coins that have been States, within 1 year after the month in time but no less frequently than annually, and will continue to be minted and issued; which the ore from which it is derived was with a coin users group, which may include— (2) the continued minting and issuance of mined. ‘‘(i) representatives of merchants who the so-called ‘‘Sacagawea-design’’ $1 coins ‘‘(B) PRICE OF GOLD.—The Secretary shall would benefit from the increased usage of $1 will serve as a lasting tribute to the role of pay not more than the average world price coins; women and Native Americans in the history for the gold mined under subparagraph (A). ‘‘(ii) vending machine and other coin ac- of the United States; ‘‘(5) SALE OF COINS.—Each gold bullion coin ceptor manufacturers; (3) the full circulation potential and cost- issued under this subsection shall be sold for ‘‘(iii) vending machine owners and opera- savings benefit projections for the $1 coins an amount the Secretary determines to be tors; are not likely to be achieved unless the coins appropriate, but not less than the sum of— ‘‘(iv) transit officials; are delivered in ways useful to ordinary com- ‘‘(A) the market value of the bullion at the ‘‘(v) municipal parking officials; merce; time of sale; and ‘‘(vi) depository institutions; (4) the coins issued in connection with this ‘‘(B) the cost of designing and issuing the ‘‘(vii) coin and currency handlers; title should not be introduced with an overly coins, including labor, materials, dies, use of ‘‘(viii) armored-car operators; expensive taxpayer-funded public relations machinery, overhead expenses, marketing, ‘‘(ix) car wash operators; and campaign; and shipping. ‘‘(x) coin collectors and dealers; (5) in order for the circulation of $1 coins ‘‘(6) LEGAL TENDER.—The coins minted ‘‘(B) submitting an annual report to the to achieve maximum potential— under this title shall be legal tender, as pro- Congress containing— (A) the coins should be as attractive as vided in section 5103. ‘‘(i) an assessment of the remaining obsta- possible; and ‘‘(7) TREATMENT AS NUMISMATIC ITEMS.—For cles to the efficient and timely circulation of (B) the Director of the United States Mint purposes of section 5134 and 5136, all coins coins, particularly $1 coins; should take all reasonable steps to ensure minted under this subsection shall be consid- ‘‘(ii) an assessment of the extent to which that all $1 coins minted and issued remain ered to be numismatic items.’’. the goals of subparagraph (C) are being met; tarnish-free for as long as possible without ‘‘(8) PROTECTIVE COVERING.— and incurring undue expense; and ‘‘(A) IN GENERAL.—Each bullion coin hav- ‘‘(iii) such recommendations for legislative (6) if the Secretary of the Treasury deter- ing a metallic content as described in sub- action the Board and the Secretary may de- mines to include on any $1 coin minted under section (a)(11) and a design specified in para- termine to be appropriate; section 102 of this Act a mark denoting the graph (2) shall be sold in an inexpensive cov- ‘‘(C) consulting with industry representa- United States Mint facility at which the coin ering that will protect the coin from damage tives to encourage operators of vending ma- was struck, such mark should be edge- due to ordinary handling or storage. chines and other automated coin-accepting incused. ‘‘(B) DESIGN.—The protective covering re- devices in the United States to accept coins TITLE II—BUFFALO GOLD BULLION quired under subparagraph (A) shall be read- issued under the Presidential $1 Coin Pro- COINS ily distinguishable from any coin packaging gram established under subsection (n) and SEC. 201. GOLD BULLION COINS. that may be used to protect proof coins any coins bearing any design in effect before Section 5112 of title 31, United States Code, minted and issued under this subsection.’’. the issuance of coins required under sub- is amended— section (n) (including the so-called TITLE III—ABRAHAM LINCOLN (1) in subsection (a), by adding at the end BICENTENNIAL 1-CENT COIN REDESIGN ‘Sacagawea-design’ $1 coins), and to include the following: notices on the machines and devices of such ‘‘(11) A $50 gold coin that is of an appro- SEC. 301. FINDINGS. acceptability; priate size and thickness, as determined by Congress finds the following: ‘‘(D) ensuring that— the Secretary, weighs 1 ounce, and contains (1) Abraham Lincoln, the 16th President, ‘‘(i) during an introductory period, all in- 99.99 percent pure gold.’’; and was one of the Nation’s greatest leaders, stitutions that want unmixed supplies of (2) by adding at the end, the following: demonstrating true courage during the Civil each newly-issued design of $1 coins minted ‘‘(q) GOLD BULLION COINS.— War, one of the greatest crises in the Na- under subsections (n) and (o) are able to ob- ‘‘(1) IN GENERAL.—Not later than 6 months tion’s history. tain such unmixed supplies; and after the date of enactment of the Presi- (2) Born of humble roots in Hardin County ‘‘(ii) circulating coins will be available for dential $1 Coin Act of 2005, the Secretary (present-day LaRue County), Kentucky, on ordinary commerce in packaging of sizes and shall commence striking and issuing for sale February 12, 1809, Abraham Lincoln rose to types appropriate for and useful to ordinary such number of $50 gold bullion and proof the Presidency through a combination of commerce, including rolled coins; coins as the Secretary may determine to be honesty, integrity, intelligence, and commit- ‘‘(E) working closely with any agency, in- appropriate, in such quantities, as the Sec- ment to the United States. strumentality, system, or entity referred to retary, in the Secretary’s discretion, may (3) With the belief that all men are created in paragraph (1) to facilitate compliance prescribe. equal, Abraham Lincoln led the effort to free with the requirements of such paragraph; ‘‘(2) INITIAL DESIGN.— all slaves in the United States. and (A) IN GENERAL.—Except as provided under (4) Abraham Lincoln had a generous heart, ‘‘(F) identifying, analyzing, and over- subparagraph (B), the obverse and reverse of with malice toward none, and with charity coming barriers to the robust circulation of the gold bullion coins struck under this sub- for all. $1 coins minted under subsections (n) and (0), section during the first year of issuance shall (5) Abraham Lincoln gave the ultimate including the use of demand prediction, im- bear the original designs by James Earle sacrifice for the country he loved, dying proved methods of distribution and circula- Fraser, which appear on the 5-cent coin com- from an assassin’s bullet on April 15, 1865. tion, and improved public education and monly referred to as the ‘Buffalo nickel’ or (6) All Americans could benefit from study- awareness campaigns. the ‘1913 Type 1’. ing the life of Abraham Lincoln, for Lin- ‘‘(4) BULLION DEALERS.—The Director of the ‘‘(B) VARIATIONS.—The coins referred to in coln’s life is a model for accomplishing the United States Mint shall take all steps nec- subparagraph (A) shall— ‘‘American dream’’ through honesty, integ- essary to ensure that a maximum number of ‘‘(i) have inscriptions of the weight of the rity, loyalty, and a lifetime of education. reputable, reliable, and responsible dealers coin and the nominal denomination of the (7) The year 2009 will be the bicentennial are qualified to offer for sale all bullion coin incused in that portion of the design on anniversary of the birth of Abraham Lincoln. coins struck and issued by the United States the reverse of the coin commonly known as (8) Abraham Lincoln was born in Ken- Mint. the ‘grassy mound’; and tucky, grew to adulthood in Indiana, ‘‘(5) REVIEW OF CO-CIRCULATION.—At such ‘‘(ii) bear such other inscriptions as the achieved fame in Illinois, and led the nation time as the Secretary determines to be ap- Secretary determines to be appropriate. in Washington, D.C.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13424 CONGRESSIONAL RECORD — SENATE November 18, 2005 (9) The so-called ‘‘Lincoln cent’’ was intro- NATIONAL FLOOD INSURANCE However, Senators should be ready for duced in 1909 on the 100th anniversary of Lin- PROGRAM FURTHER ENHANCED a busy week beginning on Wednesday. coln’s birth, making the obverse design the BORROWING AUTHORITY ACT OF That would be December 14. Votes are most enduring on the nation’s coinage. 2005 expected as early as Wednesday morn- (10) President Theodore Roosevelt was so impressed by the talent of Victor David Mrs. HUTCHISON. Mr. President, I ing. Brenner that the sculptor was chosen to de- ask unanimous consent that the Sen- f sign the likeness of President Lincoln for the ate proceed to the immediate consider- coin, adapting a design from a plaque Bren- ation of H.R. 4133, which was received ADJOURNMENT UNTIL MONDAY, ner had prepared earlier. from the House. DECEMBER 12, 2005, AT 2 P.M. (11) In the nearly 100 years of production of Mr. MCCONNELL. Mr. President, if the ‘‘Lincoln cent’’, there have been only 2 The PRESIDING OFFICER. The designs on the reverse: the original, fea- clerk will report the bill by title. there is no further business to come be- turing 2 wheat-heads in memorial style en- The legislative clerk read as follows: fore the Senate, I ask unanimous con- closing mottoes, and the current representa- A bill (H.R. 4133) to temporarily increase sent that the Senate stand in adjourn- tion of the Lincoln Memorial in Washington, the borrowing authority of the Federal ment under the provisions of H. Con. D.C. Emergency Management Agency for car- Res. 307. (12) On the occasion of the bicentennial of rying out the national flood insurance pro- There being no objection, the Senate, President Lincoln’s birth and the 100th anni- gram. at 6:19 p.m., adjourned until Monday, versary of the production of the Lincoln There being no objection, the Senate December 12, 2005, at 2 p.m. cent, it is entirely fitting to issue a series of proceeded to consider the bill. 1-cent coins with designs on the reverse that f are emblematic of the 4 major periods of Mrs. HUTCHISON. Mr. President, I President Lincoln’s life. ask unanimous consent that the NOMINATIONS SEC. 302. REDESIGN OF LINCOLN CENT FOR 2009. amendment at the desk be agreed to, Executive nominations received by (a) IN GENERAL.—During the year 2009, the the bill, as amended, be read a third the Senate November 18, 2005: Secretary of the Treasury shall issue 1-cent time and passed, the motions to recon- DEPARTMENT OF THE INTERIOR coins in accordance with the following de- sider be laid upon the table, and that DAVID LONGLY BERNHARDT, OF COLORADO, TO BE SO- sign specifications: any statements relating to the bill be LICITOR OF THE DEPARTMENT OF THE INTERIOR, VICE (1) OBVERSE.—The obverse of the 1-cent printed in the RECORD. SUE ELLEN WOOLDRIDGE. coin shall continue to bear the Victor David The PRESIDING OFFICER. Without DEPARTMENT OF STATE Brenner likeness of President Abraham Lin- objection, it is so ordered. MICHAEL W. MICHALAK, OF MICHIGAN, A CAREER MEM- coln. The amendment (No. 2673) was agreed BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- (2) REVERSE.—The reverse of the coins ISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR shall bear 4 different designs each rep- to, as follows: DURING HIS TENURE OF SERVICE AS UNITED STATES SENIOR OFFICIAL TO THE ASIA-PACIFIC ECONOMIC CO- resenting a different aspect of the life of AMENDMENT NO. 2673 OPERATION FORUM. Abraham Lincoln, such as— On page 2 line 12 strike ‘‘8,500,000,000’’ and JAMES D. MCGEE, OF FLORIDA, A CAREER MEMBER OF (A) his birth and early childhood in Ken- THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, insert ‘‘18,500,000,000’’. TO BE AMBASSADOR EXTRAORDINARY AND PLENI- tucky; At the end insert the following: POTENTIARY OF THE UNITED STATES OF AMERICA TO (B) his formative years in Indiana; ‘‘SEC. 3. EMERGENCY SPENDING. THE UNION OF COMOROS. (C) his professional life in Illinois; and The amendment made under section 2 is f (D) his presidency, in Washington, D.C. designated as emergency spending, as pro- (b) ISSUANCE OF REDESIGNED LINCOLN CENTS vided under section 402 of H. Con. Res. 95 CONFIRMATIONS IN 2009.— (109th Congress).’’ Executive Nominations Confirmed by (1) ORDER.—The 1-cent coins to which this section applies shall be issued with 1 of the The bill (H.R. 4133), as amended, was the Senate Friday, November 18, 2005: 4 designs referred to in subsection (a)(2) be- read the third time and passed. DEPARTMENT OF THE INTERIOR ginning at the start of each calendar quarter Mr. MCCONNELL. So Mr. President, PATRICIA LYNN SCARLETT, OF CALIFORNIA, TO BE of 2009. we are near the end of this session. DEPUTY SECRETARYOF THE INTERIOR. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO (2) NUMBER.—The Secretary shall pre- f THE NOMINEE’S COMMITMENT TO RESPOND TO RE- scribe, on the basis of such factors as the QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Secretary determines to be appropriate, the ORDERS FOR MONDAY, DECEMBER CONSTITUTED COMMITTEE OF THE SENATE. number of 1-cent coins that shall be issued 12, 2005 DEPARTMENT OF STATE with each of the designs selected for each RONALD L. SCHLICHER, OF TENNESSEE, TO BE AMBAS- calendar quarter of 2009. Mr. MCCONNELL. Mr. President, I SADOR TO THE REPUBLIC OF CYPRUS. (c) DESIGN SELECTION.—The designs for the ask unanimous consent that when the CAROL VAN VOORST, OF VIRGINIA, TO BE AMBASSADOR TO THE REPUBLIC OF ICELAND. coins specified in this section shall be chosen Senate completes its business today, it ROSS WILSON, OF MARYLAND, TO BE AMBASSADOR TO by the Secretary— stand in adjournment under the provi- THE REPUBLIC OF TURKEY. (1) after consultation with the Abraham sions of H. Con. Res. 307 until 2 p.m. on DONALD M. PAYNE, OF NEW JERSEY, TO BE A REP- Lincoln Bicentennial Commission and the RESENTATIVE OF THE UNITED STATES OF AMERICA TO Monday, December 12. I further ask THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY OF Commission of Fine Arts; and consent that following the prayer and THE UNITED NATIONS. (2) after review by the Citizens Coinage Ad- EDWARD RANDALL ROYCE, OF CALIFORNIA, TO BE A visory Committee. pledge, the morning hour be deemed REPRESENTATIVE OF THE UNITED STATES OF AMERICA expired, the Journal of proceedings be TO THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY SEC. 303. REDESIGN OF REVERSE OF 1-CENT OF THE UNITED NATIONS. COINS AFTER 2009. approved to date, the time for the two UNITED NATIONS leaders be reserved, and then the Sen- The design on the reverse of the 1-cent ALEJANDRO DANIEL WOLFF, OF CALIFORNIA, TO BE coins issued after December 31, 2009, shall ate proceed to a period of morning THE DEPUTY REPRESENTATIVE OF THE UNITED STATES bear an image emblematic of President Lin- business. OF AMERICA TO THE UNITED NATIONS, WITH THE RANK AND STATUS OF AMBASSADOR, AND THE DEPUTY REP- coln’s preservation of the United States of The PRESIDING OFFICER. Without RESENTATIVE OF THE UNITED STATES OF AMERICA IN America as a single and united country. objection, it is so ordered. THE SECURITY COUNCIL OF THE UNITED NATIONS. SEC. 304. NUMISMATIC PENNIES WITH THE SAME ALEJANDRO DANIEL WOLFF, OF CALIFORNIA, A CA- f REER MEMBER OF THE SENIOR FOREIGN SERVICE, METALLIC CONTENT AS THE 1909 CLASS OF MINISTER-COUNSELOR, TO BE REPRESENTA- PENNY. TIVE OF THE UNITED STATES OF AMERICA TO THE SES- The Secretary of the Treasury shall issue PROGRAM SIONS OF THE GENERAL ASSEMBLY OF THE UNITED NA- TIONS, DURING HIS TENURE OF SERVICE AS DEPUTY 1-cent coins in 2009 with the exact metallic Mr. MCCONNELL. Mr. President, we REPRESENTATIVE OF THE UNITED STATES OF AMERICA content as the 1-cent coin contained in 1909 have had a busy and productive week, TO THE UNITED NATIONS. in such number as the Secretary determines and I believe we are now ready to ad- IN THE AIR FORCE to be appropriate for numismatic purposes. journ for the Thanksgiving break. As I THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SEC. 305. SENSE OF THE CONGRESS. indicated, we will return to business on STATES OFFICERS FOR APPOINTMENT IN THE RESERVE It is the sense of the Congress that the OF THE AIR FORCE TO THE GRADES INDICATED UNDER Monday, December 12. We expect to TITLE 10, U.S.C., SECTION 12203: original Victor David Brenner design for the have some additional conference re- 1-cent coin was a dramatic departure from To be major general ports from the House, including the previous American coinage that should be re- BRIGADIER GENERAL LARITA A. ARAGON produced, using the original form and relief PATRIOT Act conference report. I do BRIGADIER GENERAL TOD M. BUNTING not anticipate votes on Monday, De- BRIGADIER GENERAL CRAIG E. CAMPBELL of the likeness of Abraham Lincoln, on the 1- BRIGADIER GENERAL WILLIAM R. COTNEY cent coins issued in 2009. cember 12 or Tuesday, December 13. BRIGADIER GENERAL R. ANTHONY HAYNES

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BRIGADIER GENERAL CHARLES V. ICKES II BRIGADIER GENERAL RICHARD B. MOORHEAD FOREIGN SERVICE BRIGADIER GENERAL ROBERT A. KNAUFF BRIGADIER GENERAL MARVIN W. PIERSON BRIGADIER GENERAL JAMES R. MARSHALL BRIGADIER GENERAL STEWART A. REEVE FOREIGN SERVICE NOMINATIONS BEGINNING WITH R. BRIGADIER GENERAL TERRY L. SCHERLING BRIGADIER GENERAL RANDALL E. SAYRE NICHOLAS BURNS AND ENDING WITH CHARLES E. BRIGADIER GENERAL MICHAEL J. SHIRA BRIGADIER GENERAL THEODORE G. SHUEY, JR. WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE BRIGADIER GENERAL EMMETT R. TITSHAW, JR. BRIGADIER GENERAL THOMAS L. SINCLAIR SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL DAVID A. SPRYNCZYNATYK RECORD ON OCTOBER 17, 2005. To be brigadier general BRIGADIER GENERAL STEPHEN F. VILLACORTA COLONEL DAVID S. ANGLE BRIGADIER GENERAL GREGORY L. WAYT IN THE AIR FORCE COLONEL THOMAS M. BOTCHIE BRIGADIER GENERAL JOHN J. WEEDEN COLONEL RICHARD W. BURRIS BRIGADIER GENERAL DEBORAH C. WHEELING AIR FORCE NOMINATIONS BEGINNING WITH BRIAN F. COLONEL GARRY C. DEAN To be brigadier general ABELL AND ENDING WITH RAY A. ZUNIGA, WHICH NOMI- COLONEL MICHAEL J. DORNBUSH NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL KATHLEEN E. FICK COLONEL RICKY G. ADAMS PEARED IN THE CONGRESSIONAL RECORD ON MAY 26, COLONEL EDWARD R. FLORA COLONEL STEPHEN E. BOGLE 2005. COLONEL JAMES H. GWIN COLONEL BRENT M. BOYLES AIR FORCE NOMINATION OF JON R. STOVALL TO BE COLONEL SCOTT B. HARRISON COLONEL STEPHEN C. BURRITT COLONEL. COLONEL DAVID M. HOPPER COLONEL ANDREW C. BURTON AIR FORCE NOMINATION OF KENNETH W. BULLOCK TO COLONEL HOWARD P. HUNT III COLONEL CAMERON A. CRAWFORD BE LIEUTENANT COLONEL. COLONEL CYNTHIA N. KIRKLAND COLONEL JOSEPH G. DEPAUL AIR FORCE NOMINATIONS BEGINNING WITH RANDALL COLONEL JOHN M. MOTLEY, JR. COLONEL MARK C. DOW S. LECHEMINANT AND ENDING WITH SCOTT H. R. LEE, COLONEL GERALD C. OLESEN COLONEL DOUGLAS B. EARHART WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL ALAN W. PALMER COLONEL WILLIAM L. ENYART, JR. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- COLONEL MICHAEL L. PEPLINSKI COLONEL GLENN C. HAMMOND III VEMBER 10, 2005. COLONEL ESTHER A. RADA COLONEL DAVID L. HARRIS AIR FORCE NOMINATION OF RENA A. NICHOLAS TO BE COLONEL ALEX D. ROBERTS COLONEL ROBERT A. HARRIS MAJOR. AIR FORCE NOMINATION OF JEFFREY S. BRITTIG TO BE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COLONEL GRANT L. HAYDEN MAJOR. STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COLONEL JOHN W. HELTZEL AIR FORCE NOMINATION OF ALBERT J. BAINGER TO BE OF THE AIR FORCE TO THE GRADES INDICATED UNDER COLONEL LEODIS T. JENNINGS MAJOR. TITLE 10, U.S.C., SECTION 12203: COLONEL LARRY D. KAY COLONEL JEFF W. MATHIS III To be brigadier general COLONEL WENDELL B. MCLAIN IN THE ARMY COLONEL TIMOTHY S. PHILLIPS COLONEL STEVEN R. DOOHEN COLONEL JANET E. PHIPPS ARMY NOMINATIONS BEGINNING WITH ROBINETTE J. AMAKER AND ENDING WITH JOSEF H. MOORE, WHICH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL STANLEY R. PUTNAM NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL RONALD J. RANDAZZO PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL JOSEPH M. RICHIE COLONEL KING E. SIDWELL 25, 2005. To be brigadier general COLONEL EUGENE A. STOCKTON ARMY NOMINATIONS BEGINNING WITH TERRY K. BESCH COLONEL TIMOTHY I. SULLIVAN AND ENDING WITH JOHN R. TABER, WHICH NOMINATIONS COLONEL DANIEL R. EAGLE COLONEL RICHARD E. SWAN WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE ARMY COLONEL JAMES H. TROGDON III CONGRESSIONAL RECORD ON OCTOBER 25, 2005. COLONEL JAMES D. TYRE ARMY NOMINATIONS BEGINNING WITH KIMBERLY K. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL TERRY L. WILEY ARMSTRONG AND ENDING WITH KELLY A. WOLGAST, IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TOBER 25 2005. To be general CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATIONS BEGINNING WITH RANDALL G. AN- To be brigadier general DERSON AND ENDING WITH JOHN H. TRAKOWSKI, JR., LT. GEN. DAVID D. MCKIERNAN WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COL. GUY L. SANDS-PINGOT AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOBER 25, 2005. IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING ARMY NATIONAL GUARD OF THE ARMY NOMINATIONS BEGINNING WITH ROBERT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- DEMPSTER AND ENDING WITH ERROL LADER, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SERVE OF THE ARMY TO THE GRADE INDICATED UNDER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be lieutenant general TITLE 10, U.S.C., SECTION 12203: PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER To be brigadier general 26, 2005. MAJ. GEN. PETER W. CHIARELLI ARMY NOMINATIONS BEGINNING WITH MIMMS MABEE COL. MITCHELL L. BROWN AND ENDING WITH JIMMIE PEREZ, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE NAVY CONGRESSIONAL RECORD ON OCTOBER 26, 2005. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING WITH MICHELLE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BEACH AND ENDING WITH HELEN LAQUAY, WHICH NOMI- AS CHIEF OF NAVAL PERSONNEL, UNITED STATES NAVY, NATIONS WERE RECEIVED BY THE SENATE AND AP- To be lieutenant general AND APPOINTMENT TO THE GRADE INDICATED WHILE PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- 26, 2005. MAJ. GEN. KEITH W. DAYTON SIBILITY UNDER TITLE 10, U.S.C., 601 AND 5141: ARMY NOMINATIONS BEGINNING WITH GREGORY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be vice admiral BREWER AND ENDING WITH TERRELL MORROW, WHICH IN THE UNITED STATES ARMY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND REAR ADM. JOHN C. HARVEY, JR. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 26, 2005. To be lieutenant general IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH WALTER J. AUS- UNDER TITLE 10, U.S.C., SECTION 624: TIN AND ENDING WITH KEITH C. SMITH, WHICH NOMINA- MAJ. GEN. JOHN R. WOOD TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be rear admiral (lower half) IN THE CONGRESSIONAL RECORD ON NOVEMBER 4, 2005. THE FOLLOWING ARMY NATIONAL GUARD OF THE CAPT. FRANK THORP IV ARMY NOMINATION OF JACK N. WASHBURNE TO BE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- COLONEL. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER IN THE COAST GUARD ARMY NOMINATIONS BEGINNING WITH BARRY J. BERN- TITLE 10, U.S.C., SECTION 12203: STEIN AND ENDING WITH JUAN M. VERA, WHICH NOMINA- To be major general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE UNITED STATES COAST GUARD TO THE GRADE IN- IN THE CONGRESSIONAL RECORD ON NOVEMBER 10, 2005. BRIG. GEN. WILLIAM T. NESBITT DICATED UNDER TITLE 14, U.S.C., SECTION 271: ARMY NOMINATIONS BEGINNING WITH MELVIN S. To be rear admiral (lower half) HOGAN AND ENDING WITH JOSEPH M. JACKSON, WHICH THE FOLLOWING ARMY NATIONAL GUARD OF THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNITED STATES OFFICERS FOR APPOINTMENT IN THE CAPT. WILLIAM D. BAUMGARTNER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER RESERVE OF THE ARMY TO THE GRADES INDICATED CAPT. MANSON K. BROWN 10, 2005. UNDER TITLE 10, U.S.C., SECTION 12203: CAPT. JOHN S. BURHOE To be major general CAPT. WAYNE E. JUSTICE IN THE COAST GUARD CAPT. DANIEL B. LLOYD BRIGADIER GENERAL ROBERT P. FRENCH CAPT. ROBERT C. PARKER COAST GUARD NOMINATION OF KATHLEEN M. DONOHOE BRIGADIER GENERAL DONALD J. GOLDHORN CAPT. BRIAN M. SALERNO TO BE CAPTAIN.

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