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, THURSDAY, SEPTEMBER 22, 2005 No. 120 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- called to order by the Honorable JOHN PRESIDENT PRO TEMPORE pore. Under the previous order, the E. SUNUNU, a Senator from the State of The PRESIDING OFFICER. The Senate will proceed to a vote in rela- New Hampshire. clerk will please read a communication tion to the Dayton amendment, No. The PRESIDING OFFICER. Today’s to the Senate from the President pro 1844. prayer will be offered by our guest tempore (Mr. STEVENS). The Senator from Utah. Chaplain, Father Joseph Breen of Saint The legislative clerk read the fol- Mr. BENNETT. Mr. President, I see Edward’s Catholic Church in Nashville, lowing letter: Senator DAYTON is here. The yeas and TN. U.S. SENATE, nays have not been ordered. There have PRAYER PRESIDENT PRO TEMPORE, been discussions during the evening Washington, DC, September 22, 2005. about this amendment. I wonder The guest Chaplain offered the fol- To the Senate: lowing prayer: whether the Senator wants the yeas Under the provisions of rule I, paragraph 3 and nays. I would say the Jeffords As we gather this morning in this of the Standing Rules of the Senate, I hereby amendment, which under the previous solemn hall of the Senate, considered appoint the Honorable JOHN E. SUNUNU, a by those who formed the Constitution Senator from the State of New Hampshire, order is the next pending business, will to be the great ‘‘anchor’’ of the Gov- to perform the duties of the Chair. be withdrawn. ernment, let us call upon God, sov- TED STEVENS, AMENDMENT NO. 1796 WITHDRAWN President pro tempore. ereign Lord of our Nation, to deepen I ask unanimous consent that it be Mr. SUNUNU thereupon assumed the our hearts and our minds to the truth withdrawn, after conferring with Sen- about life, its dignity, and its reflec- chair as Acting President pro tempore. ator JEFFORDS and his staff. tion of the Eternal God. Help us to ap- f preciate the truth that life is always The ACTING PRESIDENT pro tem- good and that every life is of equal dig- RESERVATION OF LEADER TIME pore. Is there objection? nity. The ACTING PRESIDENT pro tem- Without objection, it is so ordered. We are thankful for the eyes we have pore. Under the previous order, leader- AMENDMENT NO. 1844, AS MODIFIED to see, hearts to understand, the depth ship time is reserved. Mr. BENNETT. We are now on the to think, and the concern to care. As f Dayton amendment. we take life one day at a time, we ask for guidance and strength. We do not AGRICULTURE, RURAL DEVELOP- The ACTING PRESIDENT pro tem- have yesterday or tomorrow, only MENT, FOOD AND DRUG ADMIN- pore. The vote occurs in relation to the today. Help us to remember the prob- ISTRATION, AND RELATED Dayton amendment, No. 1844, as modi- lems we encounter are but opportuni- AGENCIES APPROPRIATIONS fied. ties that are put before us to use cre- ACT, 2006 Mr. DAYTON. I ask for the yeas and ative energies, making a better world The ACTING PRESIDENT pro tem- nays. for everyone. pore. Under the previous order, the The ACTING PRESIDENT pro tem- Lord, thank You for giving me this Senate will resume consideration of pore. Is there a sufficient second? opportunity to express the love and the H.R. 2744, which the clerk will report. There appears to be a sufficient sec- gratitude of the people of our great Na- The legislative clerk read as follows: ond. tion to our lawmakers who so willingly A bill (H.R. 2744) making appropriations have given themselves to public serv- The question is on agreeing to the for Agriculture, Rural Development, Food amendment. The clerk will call the ice. and Drug Administration, and related agen- Bless our Senators now and always. cies for the fiscal year ending September 30, roll. Amen. 2006, and for other purposes. The legislative clerk called the roll. f Pending: Mr. DURBIN. I announce that the Senator from New Jersey (Mr. CORZINE) PLEDGE OF ALLEGIANCE Dayton modified amendment No. 1844, to condition the use of funds for carrying out a is necessarily absent. The Honorable JOHN E. SUNUNU led provision relating to prevented planting pay- The PRESIDING OFFICER (Ms. MUR- the Pledge of Allegiance, as follows: ments, with an offset. KOWSKI). Are there any other Senators I pledge allegiance to the Flag of the Bingaman (for Jeffords) amendment No. in the Chamber desiring to vote? United States of America, and to the Repub- 1796, to provide funds to carry out the his- lic for which it stands, one nation under God, toric barn preservation program, with an off- The result was announced—yeas 47, indivisible, with liberty and justice for all. set. nays 52, as follows:

∑ 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 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10328 CONGRESSIONAL RECORD — SENATE September 22, 2005 [Rollcall Vote No. 240 Leg.] however, this $1 million would be very men, women, and children. I trust that YEAS—47 well spent. Consumers are demanding such a failure is simply not acceptable Akaka Feingold Mikulski locally grown farm raised agricultural to my fellow Senators. It certainly is Baucus Feinstein Murray products and producers want to meet not acceptable to me. Bayh Grassley Nelson (FL) this demand. In my State and across Biden Harkin Mr. COCHRAN. I thank the Senator Nelson (NE) the Nation exciting things are hap- Bingaman Inouye Obama from Ohio for bringing this issue to my Boxer Jeffords Pryor pening in the area of new markets for attention and note his desire to provide Byrd Johnson Reed agricultural products, but many com- funding for this new proposal to pro- Cantwell Kennedy Reid munities lack the needed seed money Carper Kerry vide cash for in-country commodity Rockefeller Clinton Kohl to get off of the ground. Salazar purchasing. I want the Senator to Coleman Landrieu Mr. BENNETT. The Senator from Sarbanes know that I will work with him Conrad Lautenberg Iowa and ranking member of the Sen- Schumer throughout the conference negotia- Dayton Leahy ate Committee on Agriculture, Nutri- Dodd Levin Stabenow tions on this bill to address this issue. Dorgan Lieberman Thune tion and Forestry, as well as member Durbin Lincoln Wyden of the subcommittee of jurisdiction FOOD ASSISTANCE PROGRAMS NAYS—52 over this bill, raises some important Mr. BAUCUS. I rise today to express points about funding in the bill. I will Alexander DeWine McConnell my deep concern with the state of our ARKIN Allard Dole Murkowski work with Senator H in con- Nation’s food assistance programs. In Allen Domenici Roberts ference to address this issue. recent weeks our Nation has seen first Bennett Ensign Santorum Mr. HARKIN. I am grateful to the hand the critical importance of food Bond Enzi Sessions Chair and thank him again for his assistance programs in helping our fel- Brownback Frist Shelby skillful work at crafting a bill that can Bunning Graham low Americans in times of need. After Smith be supported by the full Senate. Burns Gregg Snowe Hurricane Katrina, with Hurricane Burr Hagel Mr. DEWINE. Madam President, I Specter Rita bearing down on the Texas coast, Chafee Hatch Stevens thank Chairman COCHRAN for taking Chambliss Hutchison and with rising fuel costs, our ability Sununu the time to have this very serious dis- Coburn Inhofe to provide the resources needed by Cochran Isakson Talent cussion with me about a life saving Americans need of food assistance is Thomas Collins Kyl proposal that I believe needs to become threatened. This is a critical problem Cornyn Lott Vitter part of this bill before it is passed into one I have seen in the gulf States but Craig Lugar Voinovich law. Crapo Martinez Warner also seen in Montana where many of The proposal, originally suggested by DeMint McCain my fellow Montanans rely on food as- President Bush, would allow a small sistance. NOT VOTING—1 percentage of U.S. food aid dollars to Corzine be used to purchase food locally in the Mr. COCHRAN. I join my colleague The amendment (No. 1844), as modi- country or region of a food aid crisis from Montana in expressing concern fied, was rejected. until U.S. food aid can arrive. For ex- over the condition of the Nation’s food Mr. BENNETT. I move to reconsider ample, if there is a food crisis in Ethi- assistance programs. I too believe that the vote. opia, the U.S. Government would be participation in these nutrition pro- Mr. BIDEN. I move to lay that mo- able to purchase food in neighboring grams may increase due to the recent tion on the table. countries, or even in other areas of hurricane. I look forward to working The motion to lay on the table was Ethiopia where food is available, and with the Senator to provide adequate agreed to. use it to save lives until food shipped funding to meet the demand for food FARMERS MARKET PROMOTION PROGRAM from the United States could arrive. assistance. Mr. HARKIN. Madam President, I On average, U.S. food aid takes over 4 Mr. BAUCUS. I appreciate Chairman would like to take a moment and com- months to arrive in countries in need, COCHRAN’s understanding and concern. ment about an important program that and during that gap period, people I have seen some of the devastation in I worked to include in the 2002 farm die—children die. the gulf and want to express my sym- bill. I wish to engage Chairman BEN- There is also another consideration pathy and pledge my support to help. NETT, manager of the fiscal year 2006 that makes this proposal even more Montanans have seen the devastation Agriculture appropriations bill, in a imperative. U.S. food aid is stored in and like me, they have opened their colloquy regarding the Farmers Mar- Galveston, TX, and 60 percent of our arms and hearts to Gulf State evac- ket Promotion Program. food aid shipments exit through the uees. I hope that the chairman will join The House of Representatives has al- Gulf of Mexico. Now, with Rita raging me in pledging his support for taking ready passed its Agriculture appropria- off the coast of Texas, several hundreds immediate action to help alleviate the tions bill, which includes $1 million in of millions of dollars of food aid are in critical needs faced by Americans in funding for the Farmers Market Pro- the direct path of the storm. the gulf as well as citizens across the motion Program. As the Senate wraps Even if the food stores are not de- country regarding food assistance. The up its work on the pending bill and stroyed by this storm, the vessels that Senate should act, and act now to pro- looks ahead to conference, I would like were intended to transport the food aid vide Americans relying on food assist- to request that the chairman do all he have been sent out to sea and rail com- ance assurance that the resources they can in those negotiations to secure full panies are not picking up additional rely upon will be there when they need funding for this important program. commodities. This means the U.S. food it. Authorized in section 10605 of the 2002 aid delivery system is in a state of ar- farm bill, the Farmers Market Pro- rest. If we do not provide a limited au- Mr. KOHL. I join my distinguished motion Program would provide critical thority to purchase food locally until colleagues from Mississippi and Mon- Federal grant dollars to local govern- U.S. food aid can arrive in countries tana. Providing emergency funds for ments, chambers of commerce, farmers suffering from a food shortage crisis, the food assistance programs in this market alliances, coops, and economic kids will starve to death as they wait country is desperately required. Ameri- development organizations to support for help to arrive. We cannot in good cans in the gulf, as well as my home the expansion, development and main- conscience let that happen. State of Wisconsin, should be provided tenance of farmers markets and other This is one of those rare times when the food assistance that they need. direct marketing opportunities. An ini- we, as elected officials, have the oppor- Congress must act to address the essen- tial investment of $1 million will help tunity to take a step that directly tial needs of these Americans by ensur- to get this program up and running, saves lives. Make no mistake about it— ing that the Nation’s food banks, emer- bringing critical resources to commu- if we fail to give the U.S. Agency for gency feeding and other food assistance nities nationwide. International Development the flexi- organizations have the resources they I make this request of the chairman bility to purchase food from local require. understanding the budget pressures sources, our lack of action will prevent Mr. SALAZAR. Madam President, I and competing interests within this us from saving lives. Failing to act will rise to speak about the fiscal year 2006 bill. I would like to say at this time, cost the lives of thousands of suffering Agriculture appropriations bill. I want

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10329 to begin by thanking Chairman BEN- travel plans; and rising gas prices hurt- wildland fire management appropriated NETT and Ranking Member KOHL for ing leaf watchers. additional $25 million for forest health their hard work on this important bill. I have no doubt these high prices are activities on Federal and State land, They were given a tough assignment— hurting families in each of these situa- $15 M and $10 M, respectively). to meet the needs of our rural commu- tions. That is why it is so important that nities in the context of a very tough But I also know that now, today, this we send this message to the Secretary budget picture. They have done a good week, in the height of harvest time, no today. He needs to help us be able to do job. one is hurt by gas prices more than more to fight this scourge. And this I have several amendments to this farmers and ranchers. amendment today is the first step in bill, and I know we have reached an Here is what I am hearing from my that effort. agreement on two of them. I thank my State. During harvest, agricultural I will spend this upcoming weekend colleagues and their staffs, Galen producers are some of the largest fuel with my mother, on our family ranch Fountain and Fitz Elder for their help. consumers in the U.S. and producers in the San Luis Valley and will lend a I will discuss those amendments short- are facing enormous fuel costs. In helping hand to the potato harvest on ly. Grand Junction, CO, diesel prices are the farm. The people of that valley— I have spoken in this Chamber before as high as $3.16. like the people of rural communities about the forgotten America and, once I have heard from one Colorado farm- across this great country—may not get again, I stand here today to speak er in Kit Carson County who has esti- the chance to ever come to Washington about my concern that we are not mated that in order to harvest this to see the work we do. Nonetheless, I doing everything we can on behalf of year, he will need an additional $46,000 hope, that our work makes it to them, those farmers, ranchers and agri-busi- to cover fuel costs alone. so that they can be assured that we nesses which continue to play a vital I have also heard from another farm- have not forgotten them. role in our Nation’s rural communities. er in northeastern Colorado who, in Mr. LEVIN. Madam President, earlier I am concerned about these commu- order to cover the increasing price of this month, the emerald ash borer was nities. Too often, Washington leaves fuel, has applied for additional loans at positively detected in the Upper Penin- those communities to wither on the this bank only to be turned down be- sula of my home State of Michigan for vine. cause he is already overextended with the first time. Officials believe that The administration has proposed re- existing loans. this may be an isolated outbreak, and ductions in farm commodity programs, That is why I am so pleased this bill hope that it can be successfully con- crop insurance, food assistance, rural now includes my amendment to require tained. development and conservation. the Secretary of Agriculture to work Unfortunately, this is an aggressive Just yesterday, the U.S. Department with the Secretary of Energy to pest that we in Michigan have been of Agriculture announced that Hurri- produce a comprehensive report on the fighting for years, however we have cane Katrina caused an estimated $900 impact of high gas prices on our farm- had only limited success in containing million in farm losses, however accord- ers, ranchers and rural communities the infestation in the past. It is be- ing to reports, this estimate did not in- across the country. That data is the lieved that the ash borer was brought clude long-term infrastructure losses first step toward a comprehensive solu- to Michigan about 6 years ago through such as damaged barns, machinery, and tion to helping these communities ad- the channels of international trade. fuel shortages. dress these terrible prices. What started as a local infestation in a The bill before us takes steps to send I am also pleased the bill now in- few counties in southeastern Michigan a message to rural America that we are cludes my amendment to call the Sec- has grown to infest the entire Lower not forgetting that vital part of our retary’s attention to an issue that is Peninsula. This find in a State park in country. plaguing Colorado and the West. I Michigan’s Upper Peninsula is signifi- It invests 3 percent more than the know that the chairman is acutely cant because it shows that efforts and House-passed bill. aware of this problem, and thank him the resources provided until now have It adds back many of the important and his staff for their support. not been adequate to contain the pest. investments that the President pro- The Forest Service reports that dur- While even as we speak, research is posed cutting in his budget earlier this ing 2004, a total of 7 million trees cov- being conducted by some of our State’s year. ering over 1.5 million acres, were killed best experts on ways to kill the bug There are also important invest- by several different types of bark bee- while saving our ash trees, a lack of ments for Colorado. Specifically, Colo- tles throughout the State of Colorado. funding is hampering these efforts. rado State University in Fort Collins Severely impacted counties in my Whatever funding is available must be will receive $1.9 million in important State include: Grand, Jackson, Routt, balanced between research efforts and agriculture research programming. Summit, Eagle, Park, Chaffee, Pitkin, eradication and containment. For now, Colorado will see nearly $32 million Saguache, Gunnison, Hinsdale, San that means removing our ash trees. In in agricultural research and conserva- Miguel, Ouray, Delta, Montrose, Mesa, Michigan alone, we are nearing 10 mil- tion projects, including $15 million in and Garfield. lion trees removed. I cannot tell you investment to fight noxious weeds and Awareness of the bark beetle infesta- how distressing it is for communities funding for resource conservation and tion has grown with the increasing vis- which have been forced to remove trees development councils. ual impact of the large stands of dead and have little or no funding to replace I think we can do more, and we must trees visible from I–70 and Colorado’s them. Ann Arbor, near the heart of the do more, because it is not just Wash- resort communities. infestation and known for its beautiful ington that forgets rural America. Con- These infestations will leave millions downtown tree-lined streets, is increas- sider this. Earlier today, I got on the of acres of Colorado forests at risk of a ing devoid of foliage, as is the case World Wide Web and googled gas prices catastrophic fire. with too many of our cities and towns. on Google News. Sixty-four pages came Regrettably, in the face of this chal- The State of Michigan anticipated back with stories on the gas prices that lenge, the Secretary of Agriculture $30 million in Federal funding last year are hurting this country. continues to underplay the importance for activities related to eradicating But through tens of pages of stories, of Forest Service funding. I am thank- emerald ash borer. Unfortunately, they I did not see a single story on the im- ful that my colleagues on the Interior only received a third of that. This has pact of high gas on farmers and ranch- appropriations subcommittee have severely affected our ability to do what ers. I did see stories on: rising gas done what they can in this budget envi- is necessary to eradicate this pest. prices hurting commuters; rising gas ronment to increase funding to fight Chipping of these downed trees has prices hurting SUV drivers; rising gas pine beetles. ground to a halt, and funding to en- prices hurting local governments; ris- But we can do better. Consider this: force the State’s wood quarantines has ing gas prices hurting lottery sales; ris- total USFS funding down 11 percent been strained. We cannot continue to ing gas prices hurting pizza delivery from last year; forest health manage- hold back the spread of the ash borer prices; rising gas prices hurting golf ment funding is flat; fiscal year 2006 on our own with such meager funding.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10330 CONGRESSIONAL RECORD — SENATE September 22, 2005 This year, recognizing the serious The Senate bill included over $18 mil- agers of H.R. 2744, the Agriculture ap- threat that the ash borer poses to the lion for efforts to control and eradicate propriations bill, and for their willing- Nation, the administration requested chronic wasting disease, CWD, in deer ness to include in that legislation an $32 million for eradication efforts. and elk. In addition to this much need- amendment that I offered along with However, the Senate bill before us pro- ed funding, I also worked with Senator Senators HARKIN, REED, CARPER, vides only $5.96 million for the efforts. ALLARD to include a provision that BIDEN, and LIEBERMAN. This is simply far too inadequate. would require the Department of Agri- Our amendment, No. 1818, expresses The House of Representatives ap- culture to set minimum national the sense of the Congress that the Food proved $14 million for emerald ash standards for CWD control. Under the and Drug Administration, FDA, should borer-related activities in their Agri- current system there are various State act within 1 year to issue comprehen- culture appropriations bill. While this regulations but no set of basic proce- sive labeling guidelines for over-the- is still far below what is required, I be- dures guiding the movement, handling, counter, OTC, sunscreen products—a lieve it is a positive first step to pro- testing and permitting of captive- so-called ‘‘final monograph.’’ The FDA viding the desperately needed funding raised deer and elk. Our amendment, began work to develop such a mono- to slow the spread of the ash borer. that was included as part of the bill, graph in 1978. In 2002, after 24 years, the We must recognize that this is a na- requires the Animal Plant Health In- agency issued a final monograph. Un- tionwide problem that is unfortunately spection Service to publish its uniform fortunately, the final sunscreen mono- not receiving the recognition or sup- methods and rules concerning CWD graph failed to address one of the most port that it should. A handful of States within 90 days of enactment of the pro- critical aspects of sunscreens—how to where EAB has been detected cannot be vision. With CWD being newly discov- measure protection against UVA rays, expected to contain the bug on their ered in New York and West Virginia, it which are responsible for causing skin own forever. We have seen how quickly is clear that this disease requires a na- cancer. Because the final monograph the ash borer has infested my State of tional response. This provision is an failed to address this key issue, the Michigan, taking only 5 years to spread important step to prevent the further FDA stayed it until a comprehensive throughout the Lower Peninsula. With- spread of CWD and help deer and elk monograph could be issued in order to out adequate resources, we face a seri- farmers operate safely throughout the avoid consumer confusion and the need ous threat to our ash stock. The fur- Nation. for unnecessary product relabeling. ther spread of the emerald ash borer High fuel costs are putting a squeeze That stay was issued nearly 4 years would be economically devastating to on all Americans, but our farmers are ago, and the FDA has yet to issue a my State, and possibly to much of the in a particularly vulnerable position. comprehensive final monograph. Sun- rest of the Nation. While the high fuel costs are hitting screen manufacturers need clear guid- I am hopeful that the Senate con- them at many levels, they have little ance on product labeling in order to ferees to this bill will accept the flexibility in whether to plant and har- provide consumers with crucial infor- House’s level of $14 million for EAB vest their fields, pay to move their mation about the protective benefits of eradication efforts. products to market or procure fer- Mr. FEINGOLD. Madam President, I sunscreen products. Studies have am pleased that the Senate has ap- tilizer and feed. More than that, they shown that skin cancer rates continue proved H.R. 2744, the fiscal year 2006 receive what the market dictates for to rise, especially in younger adults appropriations bill providing vital their products, so when fuel costs dou- and women. funding for the Department of Agri- ble or triple and they see fuel sur- Furthermore, in the face of FDA in- culture, Food and Drug Administration charges on every one of their bills, action, States are poised to fill the and related agencies. While I may not they can’t pass these costs on and re- void, raising the specter of a patch- support every provision, this bill pro- ceive a higher price for their milk, work of state labeling requirements vides important funding to support our grain or other products. In recognition that could be confusing to consumers Nation’s farmers, rural communities, of this difficult situation, I was proud and unnecessarily burdensome to man- and conservation programs along with to cosponsor an amendment offered by ufacturers. Pursuant to section 751 of providing nutritious food for seniors, Senator SALAZAR that was included in the Federal Food, Drug, and Cosmetic children and those in need. the bill as a first step to addressing Act, FFDCA, which was enacted in I am pleased that the Appropriations this problem. The amendment requires 1997, a Federal rule on sunscreen label- Committee rejected a number of ad- the Department of Agriculture to ing would preempt any related State ministration proposals to reduce or study the issue and issue a report on labeling requirements. But this pre- eliminate important programs such as the impact to farmers. emption does not apply in the absence funds for research at our land-grant I also submitted an amendment to of a Federal rule. A recent decision by colleges and universities, conservation the bill to require the Food and Drug the Los Angeles Superior Court held partnerships through resource con- Administration, FDA, to conduct a that, because there is no final FDA servation and development councils, study on the levels of pesticides in do- monograph for sunscreens, the FFDCA and funds to combat Johne’s disease in mestic and imported ginseng. With does not preempt California State la- our dairy industry. All of these pro- Wisconsin ginseng being highly prized beling and advertising laws. Con- grams were funded at a minimum of worldwide for its quality and lack of sequently, California State law can re- last year’s levels instead of receiving unsafe residues, mislabeled imported quire specific labeling for sunscreens drastic cuts. ginseng, often with high levels of pes- sold in California. After years of delay, I was encour- ticide residues, remains a problem for The FFDCA expresses Congress’ view aged that the Senate bill included our producers. This study would have that national uniformity of sunscreen funds to implement mandatory coun- investigated this issue and provided labels is important to providing all try-of-origin labeling, COOL, for meat, important information to focus FDA’s consumers with equal access to valu- vegetables and fruits. Country-of-ori- enforcement activities on reducing the able information about the need for gin labeling is vitally important to en- amount of unsafe ginseng being passed sunscreens to reduce the risk of skin able our farmers to show their pride in off as Wisconsin- or U.S.-grown and cancer. As such, under Public Law 105– the quality of their products, from gin- helping growers fight back against this 115, the Food and Drug Modernization seng to cheese to cranberries. Wis- unfair competition. I was disappointed and Accountability Act of 1997, Con- consin farmers are proud of their work, that I was blocked from having this gress intended the FDA, which has the and many consumers want to support amendment included in the bill. De- requisite scientific and medical exper- American products—with country-of- spite this setback, I will continue to tise, to prescribe labels for sunscreen origin labeling, both farmers and con- fight for better enforcement to protect products. sumers benefit. I urge the Senate con- consumers and Wisconsin’s ginseng In March 1999, in a letter to FDA ferees to insist on funding COOL when growers. Commissioner Jane Henney, Senator they meet with the House conferees to Mr. DODD. Madam President, I REED and I expressed similar concerns resolve differences between the two thank Senator BENNETT and Senator about the agency’s protracted delay in Chambers’ bills. KOHL for their efforts as floor man- issuing a comprehensive final OTC

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10331 monograph for sunscreen. Sadly, and America’s veterans deserve the undy- Another critical function of the much to the detriment of many Ameri- ing gratitude of the people of this Na- USDA is to conduct research into im- cans who need clear, accurate, and tion. America’s veterans deserve proving our farming and conservation comprehensive sunscreen labeling as speedy and accurate processing of their methods. their first line of defense against skin claims at the Department of Veterans The Department provides grants to cancer, little has been done by FDA Affairs. They do not deserve to be local communities for a variety of since that time. Twenty-seven years is given compensation one day, only to rural development projects, ranging more than enough time for FDA to fi- have it taken away years later. Fortu- from electricity improvements, to nalize this monograph. Again, I thank nately, the Senate is acting today to water infrastructure, waste manage- Senator BENNETT and Senator KOHL for prevent that from happening. ment, broadband service, and energy their willingness to address this issue. Mr. FRIST. Madam President, every efficiency. I urge the FDA to act with all possible morning, farmers and ranchers across During the August recess, I had the haste to finalize the OTC monograph America wake up to do the hard work opportunity to meet with a group of for sunscreen products, and to do so of growing crops, tending livestock, county mayors back in my home State. within the next year. and providing food that is safe, abun- Tennessee is a major grower of cotton, Mr. DURBIN. Madam President, I dant and affordable. corn, and soybeans. This year, we are rise to offer this amendment with Sen- Over 2 million American farms grow expected to produce 48 million bushels ators MURRAY, OBAMA and AKAKA, and the food that feeds the world. of soybeans on 1.2 million acres of I thank Senators FEINSTEIN and And today we will pass, with near farmland. The Tennessee USDA office unanimous support, the Agriculture HUTCHISON, as managers of this bill, for also predicts we will set a new State working with us to place some reason- appropriations bill, which helps Amer- record for cotton production, at over able limitations on the review of dis- ica’s farmers to be the most productive 1.1 million bales. ability claims for post-traumatic stress in the world. While I was home meeting with the The Agriculture appropriations bill disorder that is currently under way in county mayors, we discussed Ten- funds $100.7 billion for a wide array of the Department of Veterans Affairs. nessee’s thriving farming business and Government agencies. Roughly 80 per- The Department of Veterans Affairs what they need to help it grow. Greater cent of the funding in this bill is for is conducting a review of 72,000 cases of research into agricultural production those programs referred to as ‘‘entitle- veterans whom the VA has already was one area they highlighted. The ments.’’ That includes farm price sup- rated at 100 percent disability due to farm bill includes significant support port programs and funding for low-in- post-traumatic stress disorder. The for those efforts.nc1udes significant come, domestic food assistance pro- reason for this review is that the In- support for those efforts. grams such as food stamps, school spector General of the VA recently It includes: $2 million for Appa- lunch, and other child nutrition pro- found that the Department has, in the lachian horticultural research, a col- grams. past, approved many PTSD disability The portion of this bill we refer to as laborative project between the USDA claims without obtaining key docu- ‘‘discretionary’’ includes such activi- and University of Tennessee; $955,000 ments from the veterans necessary to ties as rural development, rural hous- for research into the best way to pro- demonstrate that the PTSD is con- ing, agriculture research, FDA, and tect soil and water quality on farms nected to their military service. In most conservation programs. That por- which can suffer from heavy erosion; other words, the VA failed to ade- tion represents $17.3 billion—less than and nearly $40 million for the boll wee- quately confirm the facts of the case. a 3 percent increase over this year’s vil eradication program to help our In many cases, however, many years funding. cotton farmers combat this destructive have now passed since the Department Later today, the Department of Agri- pest. rated the veteran as disabled and began culture will release their most current These programs, along with major providing disability compensation. For estimates on the agriculture damages funding for the USDA’s rural develop- many of these veterans suffering from caused by Hurricane Katrina. Prelimi- ment programs and housing services, the mental and emotional burdens of nary estimates indicate that the loss of are helping farmers around the country some very horrific experiences, that agricultural production in the area continue to feed America, and indeed, VA disability check may be their only might be less than $1 billion. Small the world. source of income. comfort to the hard working people From the very beginning of our Na- Now, the VA is re-opening these who have lost their livelihoods— tion’s history, farming has been the cases to determine if there was an shrimpers along the coast who have backbone of our economy, our growth, error in their collection of documenta- lost their shrimp boats, broiler pro- and our independence. Our earliest set- tion, and if so, where and how the error ducers in Mississippi who have lost tlers were farmers. Farmers and ranch- occurred. their facilities. ers pioneered our expansion to the Even if there was an error, however, But we do know that 8 of the 10 West. Indeed, the first patent issued by that veteran is now dependent on that major export grain elevators near the the Patent Office in 1790 was to Samuel income. The veteran should not now— Port of New Orleans are operational Hopkins for a farming innovation. years later—be punished with a loss of today. Three major floating rigs, which I congratulate the chairman of the their income due to the late discovery have comparable capacity to these ele- subcommittee, Senator BENNETT, and by the VA of its own error. vators, are also operational. the ranking member, Senator KOHL, on For this reason, the amendment I am Eighty percent of grain export capac- reporting a bill that, even in a time of offering today prohibits the use of any ity has been restored, and barge move- tight budgets, targets spending on the appropriated funds to revoke or reduce ment is now increasing. Export grain needs of rural America, while also a veteran’s disability compensation for delivery from the upper reaches of the maintaining funding for essential food post-traumatic stress disorder based on Mississippi is catching up with these assistance programs. a finding that the Department of Vet- capacity numbers. The real impact of By pulling together and remaining erans Affairs failed to collect justi- Katrina on the agricultural sector will focused, the United States Senate is fying documentation, unless such fail- be the increasing cost of energy and keeping America’s expansive food and ure was the direct result of fraud by fertilizer costs. fiber system moving forward. the applicant. As I mentioned earlier, the largest Mr. BENNETT. Madam President, all It is the intent of this amendment expenditure made by the USDA is for other amendments having been with- that the Department may conduct this food and nutrition programs. The ap- drawn or disposed of, we are now to review if it provides a report to the propriations bill provides $40.7 billion final passage. To accommodate those Committee on Appropriations on the for the Food Stamp Program; $12.4 bil- who need to leave, I reserve any re- plan for staffing and funding require- lion for the school meal programs; $5.3 marks about the bill until after final ments. The Department cannot, how- billion for the Women and Infants and passage and urge we move to the vote. ever, correct its error by taking money Children program. Rural housing loan Madam President, I yield for the Sen- away from veterans. programs are allotted nearly $5 billion. ator from Alaska.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10332 CONGRESSIONAL RECORD — SENATE September 22, 2005 CHANGE OF VOTE Murkowski Salazar Stevens The PRESIDING OFFICER. Without Mr. STEVENS. Madam President, I Murray Santorum Talent objection, it is so ordered. Nelson (FL) Sarbanes Thomas ask unanimous consent the vote on 237 Nelson (NE) Schumer Thune f be changed. I voted no and I intended Obama Sessions Vitter MORNING BUSINESS to vote aye. I ask it be changed. It will Pryor Shelby Voinovich Reed Smith not change the outcome of the vote. Warner Mr. BENNETT. Madam President, I Reid Snowe Wyden The PRESIDING OFFICER. Without Roberts Specter now ask unanimous consent that there objection, it is so ordered. Rockefeller Stabenow be a period of morning business, with Mr. KOHL. Madam President, I thank NAYS—2 Senators permitted to speak for up to 10 minutes each. Senator BENNETT once again for his Ensign Sununu hard work and expert managing of this The PRESIDING OFFICER. Without NOT VOTING—1 bill. It has been a pleasure to work objection, it is so ordered. Mr. BENNETT. Madam President, I with him, and I look forward to con- Corzine The bill (H.R. 2744), as amended, was suggest the absence of a quorum. tinuing to work together as we con- The PRESIDING OFFICER. The ference this bill with the House. I also passed. (The bill will be printed in a future clerk will call the roll. publicly and sincerely thank John The assistant legislative clerk pro- edition of the RECORD.) Ziolkowski, Fitz Elder, Hunter Moor- ceeded to call the roll. head, Dianne Preece, and Stacy The PRESIDING OFFICER. The Sen- Mr. DURBIN. Madam President, I ask McBride on his staff for their hard ator from Utah. unanimous consent that the order for work and dedication. Mr. BENNETT. Madam President, at the quorum call be rescinded. They exhibited professionalism and a this time I would like to thank those The PRESIDING OFFICER. Without strong work ethic throughout this en- who worked so hard to help us with the objection, it is so ordered. bill, particularly Dave Schiappa and tire process, and worked seamlessly f with my staff—something I am con- Laura Dove here on the floor, along stantly reminded of as a rare occur- with Bill Hoagland of the leader’s staff AMERICAN RED CROSS AND rence in what can be an incredibly par- and Chairman CHAMBLISS and his staff, HURRICANE RELIEF tisan place. I look forward to con- all of whom have been tremendously Mr. DURBIN. Madam President, yes- tinuing this strong spirit of coopera- helpful. We also thank David Tinsley, terday morning I made a trip to meet tion. Kathie Alvarez, Lula Davis, the Parlia- with the head of the American Red Mr. BENNETT. Madam President, I mentarians, and the cloakroom staff. Cross. ADM Marty Evans is an extraor- call for the yeas and nays. These marathon activities are not the dinary person. She was born in Spring- The PRESIDING OFFICER. Is there a best kind of situations for some of field, IL, and served in the U.S. Navy sufficient second? There is a sufficient these folks whom we take for granted for 29 years. She rose to the rank of second. around here. I want to acknowledge rear admiral and, after her retirement The yeas and nays were ordered. their help and their support. from the Navy, spent several years as The PRESIDING OFFICER. The I, of course, want to acknowledge the head of the Girl Scouts of America. question is on the engrossment of the staff of the subcommittee, and I will Then a few years ago, she was chosen amendments and third reading of the list their names as a single staff, even to be CEO of the American Red Cross. bill. though technically they are divided be- The American Red Cross is an ex- The amendments were ordered to be tween majority and minority, but in traordinary agency. There are some 4,500 employees in Washington, 30,000 engrossed and the bill to be read a this subcommittee we work together as nationwide, millions of volunteers. third time. if we are one staff: John Ziolkowski, Those of us who have had the good for- The bill was read the third time. Fitz Elder, Hunter Moorhead, Dianne tune of working with the Red Cross The PRESIDING OFFICER. The bill Preece, Stacy McBride, Galen Foun- know that the people working in Wash- having been read the third time, the tain, Jessica Frederick, Bill Simpson, ington are important, but the volun- question is, Shall the bill pass? and Tom Gonzales. teers in the field are absolutely essen- The clerk will call the roll. All of these people have my very deep tial—men and women from commu- The assistant legislative clerk called and sincere thanks for the work in get- nities across America who, at the first the roll. ting this done. warning signal, are prepared to give up Mr. DURBIN. I announce that the Now, Madam President, I understand we have to appoint conferees. their personal lives and move to where Senator from New Jersey (Mr. CORZINE) they are needed. The help they bring is necessarily absent. The PRESIDING OFFICER. Under and have brought has made a difference The PRESIDING OFFICER. Are there the previous order, the Senate insists on its amendment, requests a con- so many times in the lives of victims. any other Senators in the Chamber de- As Ms. Evans told me yesterday, this siring to vote? ference with the House on the dis- agreeing votes of the two Houses, and is not just a matter of hurricanes and The result was announced—yeas 97, floods. They respond to house fires to nays 2, as follows: the Chair appoints Mr. BENNETT, Mr. COCHRAN, Mr. SPECTER, Mr. BOND, Mr. try to make certain that families and [Rollcall Vote No. 241 Leg.] MCCONNELL, Mr. BURNS, Mr. CRAIG, Mr. individual communities have a helping YEAS—97 BROWNBACK, Mr. STEVENS, Mr. KOHL, hand. I asked her what she did in prep- Akaka Coleman Hatch Mr. HARKIN, Mr. DORGAN, Mrs. FEIN- aration for Hurricane Katrina, how the Alexander Collins Hutchison American Red Cross positioned itself. I Allard Conrad Inhofe STEIN, Mr. DURBIN, Mr. JOHNSON, Ms. Allen Cornyn Inouye LANDRIEU, and Mr. BYRD conferees on asked what they were doing in antici- Baucus Craig Isakson the part of the Senate. pation of Hurricane Rita, which we are Bayh Crapo Jeffords f all watching so closely. She said they Bennett Dayton Johnson didn’t wait for a Government signal. Biden DeMint Kennedy UNANIMOUS CONSENT Bingaman DeWine Kerry They knew what they had to do. They Bond Dodd Kohl AGREEMENT—H.R. 2528 positioned their people, their resources Boxer Dole Kyl Mr. BENNETT. Madam President, I in safe locations where they could Brownback Domenici Landrieu Bunning Dorgan Lautenberg ask unanimous consent that at 11:30 move in as quickly as possible after the Burns Durbin Leahy a.m. today, the Senate proceed to the disaster. They gave a helping hand in Burr Enzi Levin immediate consideration of Calendar the evacuation. But they were ready Byrd Feingold Lieberman Cantwell Feinstein Lincoln No. 169, H.R. 2528. I further ask consent and prepared, if something terrible oc- Carper Frist Lott that the committee-reported substitute curred. It was heart warming and reas- Chafee Graham Lugar be agreed to as original text for the suring to know that the American Red Chambliss Grassley Martinez purposes of further amendment, with Cross and other extremely important Clinton Gregg McCain Coburn Hagel McConnell no points of order waived by virtue of charitable organizations such as Amer- Cochran Harkin Mikulski this agreement. ica’s Second Harvest based in Chicago,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10333 the Salvation Army, and so many That is unfortunate. It reflects a dif- accountability, to figure out what went faith-based groups are prepared and ference in values. It reflects a dif- wrong so it does not happen again. ready to move. ference in priorities. This Senator from That is basic. It is not a blame game. We are now watching, because of sat- Illinois believes that our first obliga- There is no game involved. It is a mat- ellite imagery, the course of Hurricane tion is to the most vulnerable in Amer- ter of accountability. Rita, praying that it will not strike ica. Our first obligation is to those Sadly, our friends on the other side with the force of a category 5 hurricane helpless victims and those commu- of the aisle believe the only account- on the coast of Texas and Louisiana, nities who, through no fault of their ability can come about if a majority of and that somehow, some way, at the own, are suffering today. It is time for those who are asking the questions are last moment we will be spared. But us to be straightforward. It is time for members of the President’s party. We whether we are spared or not, we must the President to be straightforward to learned after 9/11 that it was much bet- be prepared. Republican leaders in the House and ter to bring in an independent, non- This administration has been haunt- Senate, to say clear and unequivocally: partisan commission to ask those hard ed by Hurricane Katrina for the last 3 We cannot afford to go forward with questions. weeks. President Bush has made at more tax cuts for wealthy people as we The 9/11 Commission, cochaired by least five different visits to New Orle- fight a war in Iraq and Afghanistan and Gov. Thomas Kean, a former Repub- ans to be visibly present during the as we come to the assistance of our lican Governor of New Jersey, and Con- rescue and recovery. He made a his- neighbors who suffered because of these gressman Lee Hamilton, a former toric speech from Jackson Square terrible natural disasters. Democratic Congressman from Indi- about the challenge which Hurricane If the President will do that, I can ana, did an exceptional job. The strong Katrina places on Americans. I thought guarantee him this: There is plenty of bipartisan commission came up with what the President said was the right room on this side of the aisle for Demo- measures and recommendations which thing. I am a loyal Democrat, but I lis- crats to join him in a bipartisan re- truly changed the way we govern tened carefully to what the President sponse to a national disaster which America and changed the way we think said, and I thought the President paid no attention to party affiliation. about our responsibility in Congress, as showed the kind of leadership America I can say that with confidence be- well as in the executive branch. needs at this moment. cause after 9/11/2001, that is exactly We need exactly the same type of I will refer later in my remarks to what happened. Democrats and Repub- commission when it comes to Hurri- the question of what went wrong with licans alike joined hands in the face of cane Katrina. But for reasons I cannot Hurricane Katrina. But looking for- that terrorist disaster and said we will explain, the Republicans have stead- ward, as we must as a nation, we need fastly refused to appoint an inde- stand behind the victims and their to stand behind those victims, their pendent, nonpartisan commission to families and the State of New York and families, the communities, and the find out what went wrong several that city that endured that great loss, States that were hit by Hurricane weeks ago with Hurricane Katrina. as well as, of course, our friends in the Katrina. It was a call to arms by the That is the only way to come up with Pentagon who were victims as well of 9/ President for this Congress to join with a credible analysis of that failing, him and the American people in stand- 11. We stood together on a bipartisan whether it occurred at the Federal ing up for the most vulnerable people level, the State level, the local level, or basis. We did some exceptional things, in our country. That is as truly Amer- right here in Congress. Let’s have an things to make our country stronger, ican as it gets. honest, independent, nonpartisan com- things to respond to the attack that Listen to the debate that has fol- mission, as we did after 9/11. lowed President Bush’s announcement had taken place. The list is long, start- Instead, the Republican leadership in New Orleans. We have had Members ing with resolutions condemning ter- says let’s press forward with our own of Congress saying we can’t afford to rorism, appropriations bills, and spe- internal investigation. That has no do it. We can’t afford to provide the cial bills to put money after 9/11 where credibility—or very little, I might say. disaster assistance for these people to it was needed the most, the Airline I have been a member of the Senate In- rebuild their lives and for these com- Stabilization Act, Uniting and telligence Committee where Senator munities to rebuild their infrastruc- Strengthening America Act, the USA ROBERTS, as the chairman, has prom- ture and their homes. There have even PATRIOT Act, the intelligence bills, ised he would investigate the misuse of been arguments from some that we the defense bills—the list goes on and intelligence information before the in- can’t consider spending this money be- on. vasion of Iraq. That promise has been cause we have to keep our word to the These were strong bipartisan meas- made for over a year. Nothing has hap- wealthiest people in America that we ures taken in the wake of 9/11 by Demo- pened. promised we would cut their taxes. crats and Republicans. We need that We have called time and time again The budget resolution we passed in same spirit today. We need that spirit for a congressional investigation of the the Senate and in the House this year to stand behind the victims of Hurri- contracts in Iraq, the no-bid contracts promised that before we went home at cane Katrina and their families and, in Iraq to companies such as Halli- the end of the year, we would give $70 God forbid, if Hurricane Rita will burton. We know there is evidence of billion more in tax cuts to the wealthi- wreak the same type of havoc, we need abuse, misuse of taxpayers’ funds, and est people in America. We also prom- to stand behind those victims as well, yet this Republican Congress refuses to ised in the budget resolution, which I making certain first we have the re- have a full-scale, honest investigation opposed, that we would cut Medicaid, sources in FEMA to respond to na- of Halliburton and the other contrac- which is health insurance for poor and tional emergencies. tors who are profiteering at the ex- elderly people, and that we would cut There was a feeling 4 years ago that pense of our troops and at the expense student loan assistance. That was part America had received a wakeup call of our taxpayers. of what I considered a poorly thought after 9/11, that we had to be ready and So it is time to concede the obvious. out budget resolution which passed prepared as a nation to respond to We cannot have a thorough, meaning- with Republican majorities in the whatever was thrown at us. Extraor- ful investigation of Hurricane Katrina House and Senate. dinary measures were taken, extraor- without an independent commission. Now with the intervention of Hurri- dinary speeches were made, but when And we cannot come up with the re- canes Katrina and Ophelia, and the Hurricane Katrina struck, we were not sources to address Katrina and the possibility of Hurricane Rita and dam- ready. other natural disasters until the Presi- age, many Republicans are arguing: We There has been a lot of question dent makes it clear to the Republican have a solemn responsibility to cut the about how to answer the question, leadership in Congress that we can no taxes for the wealthy first, to cut Med- What did we do wrong, what did we fail longer afford the promised tax cuts to icaid expenditures for the poor and el- to do with Hurricane Katrina? We bet- the wealthiest people in America. derly, and to cut student loans, and we ter get those answers and get them It is time for us to assess the reality don’t have the resources to help the quickly, not just to point blame, which of the challenges we face in Iraq, in Af- victims. some say is what it is all about, but for ghanistan, and right here at home. It is

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10334 CONGRESSIONAL RECORD — SENATE September 22, 2005 time for us to dedicate the resources to from foreign shores. That is not a very be another series of hurricanes. What- rebuilding and strengthening America, good position to be in if you have to de- ever it is, that thin thread of the sup- rather than strengthening the coffers pend on foreign lands for that oil. The ply line could have devastating con- of a few corporations that happen to price of gasoline was spiking up prior sequences for this country, if we can- have political connections. That is our to Katrina, in the range of $2.70 a gal- not satiate our parched throats, this responsibility. lon. This was during August. I was thirst for oil. I hope my colleagues in the Senate doing townhall meetings all over my We best get on with it. I suggest we and the House will gather together and State of Florida, and I can tell you at start rethinking and get more than 39 understand that rebuilding our Nation $2.70 a gallon, people are hurting. Sen- votes for mandating increased miles is our first responsibility. We must un- ior citizens on fixed incomes cannot af- per gallon. I suggest we start making derstand that the least fortunate ford to drive to the doctor. People ethanol, not just from corn—which is among us need our help today. They making $20,000 a year can’t afford to an expensive process—but from less ex- are more vulnerable than they have drive to work. pensive sources from which our tech- ever been. Then along comes Katrina, and be- nology now allows us to make ethanol. We cannot change the past, but now cause of hitting the area of our refin- We can surely make it from sugar cane. with another hurricane moving across ery capacity, the scare goes into the We can make a lot from normal waste. the Gulf of Mexico, we can work to- market and the price of gasoline Do you know something else. We can gether in a bipartisan way to change surges. In one station, overnight—one make it from grass. We have 31 million the future. America can certainly do station on Interstate 10 near Tallahas- acres of prairie grass in this country. better. see—it surged 40 cents to well over $3 a Let’s cut the grass. Let’s make cheaper Madam President, I yield the floor, gallon. ethanol and let’s mix that ethanol with and I suggest the absence of a quorum. I can tell you because I know what gasoline that will burn in our existing The PRESIDING OFFICER. The my people feel in Florida, they are car engines. clerk will call the roll. hurting. They are having difficulty The primary consumption of oil is in The assistant legislative clerk pro- making ends meet, even without now the transportation sector, and in the ceeded to call the roll. having this additional cost. Here we go transportation sector are our personal Mr. NELSON of Florida. Mr. Presi- again. Here comes the next major hur- vehicles, where we consume most of dent, I ask unanimous consent the ricane, Hurricane Rita. It is now appar- that oil. If we start mixing ethanol order for the quorum call be rescinded. ently bearing down on the Galveston- with gasoline in greater proportions, it The PRESIDING OFFICER (Mr. Houston area, one of the major ship- will burn in our existing car engines ALEXANDER). Without objection, it is so ping ports of the world. Also, that is and we will use that much less oil. ordered. where a great deal of the oil activity But let’s do something else. Let’s Mr. NELSON of Florida. Mr. Presi- and the oil refinery capacity of this make sure that when the car manufac- turers are satisfying the demands of dent, I ask unanimous consent to ad- country is located. If it does knock out the American public for new auto- dress the Senate as in morning busi- some of that refinery capacity, we are mobiles, they satisfy the demands and ness. going to see these spikes in the price of start producing more hybrid vehicles. The PRESIDING OFFICER. Without gasoline to the point that it is starting If you have a hybrid vehicle, which objection, it is so ordered. to hurt our people. Toyota has had for the last 6 years, f Is it going to take another tragedy like this for us to finally wake up and, that will get the equivalent of 50 miles per gallon in start/stop traffic, then HURRICANES AND THE PRICE OF as a nation, get our heads out of the you are burning less oil. The consump- OIL sand and address this energy-dependent Mr. NELSON of Florida. Mr. Presi- tion of oil is less. condition in which we find ourselves? If that hybrid vehicle is now burning dent, Hurricane Rita, bearing down on Mind you, this is with the backdrop the gulf coast of Texas, perhaps Lou- a fuel that is not just gasoline but is a that over the past 4-plus years I have mixture of gasoline and ethanol, then isiana again, a category 5, with winds been privileged to be a Member of the you are consuming all the less oil. that have gotten up to 175 miles an Senate, we have tried almost every I suggest one more thing, that we hour, is very similar to Hurricane year to do a simple little thing, and build our hybrid vehicles so that when Katrina 3 or 4 weeks ago. It sprang up that is to raise miles per gallon on you park in your garage at night, you as a category 1, hitting south Florida SUVs and phase it in over a long period plug it in and it charges up that bat- first. Katrina did quite a bit of damage, of time so it doesn’t hurt anybody. But tery, so the next day, when you drive as you would expect with winds in the we cannot even get 40 votes out of 100 out, you have a fully charged battery range of 80 and 85 miles an hour. There Senators for an amendment like that, so the gasoline engine in your hybrid was a lot of debris. There was the loss to try to address the energy-dependent vehicle is being used less to charge up of electricity as it went over Miami, condition in which this Nation finds that battery, and you have charged up Dade County. Then, of course, when it itself. that battery overnight from a source of got out to the gulf, fueled by those What are we going to do? Is it going energy other than oil. warm waters, about 87 degrees, pro- to take another Katrina-like tragedy These are steps we can take right viding the fuel for the hurricane, it to shake us out of our lethargy? We now. How many more monster hurri- surged in intensity on up to category 5, might be shaken come next Saturday canes is it going to take, hitting the coming down to a category 4 before it morning. refinery capacity of this Nation along hit the Louisiana coast. There are a number of things we can the gulf coast, for us to get our heads It is eerily similar; Hurricane Rita do. But before I go into that, let me out of the sand? I hope and pray that springing up and hitting Florida this tell you about this thin thread we are Rita is going to lessen and that it will time actually 50 miles south of Key hanging onto in our energy depend- not strike a portion of the coast that West, of course, with those counter- ence. With 58 percent of our daily con- brings devastation and tumult and clockwise winds, and a category 1 hit- sumption foreign oil, any disruption in hardship. But as of Thursday midday, ting Key West—that being the strong- the system automatically will cause that is the course it is on for Saturday est side of the storm—and then out prices to spike and could come to the morning landfall. The National Hurri- over the warm waters of the gulf. This position of paralysis. It could be a cane Center is pretty accurate in their is what we have as it is approaching major shutdown because of some mal- predictions. landfall Saturday morning. function in a refinery. Lord forbid, it I am talking to an empty Chamber Before Katrina, this Nation was fi- could be a terrorist sinking a super- because we are all out there in com- nally waking up to how vulnerable we tanker in the Strait of Hormuz, that mittee meetings. I have just run here are in our dependence on energy 19-mile-wide strait in the Persian Gulf from trying to help protect us in the sources. Specifically, the Nation was through which all of the world’s tank- Commerce Committee on a question of waking up to the fact that 58 percent of ers have to go out into the open sea to communications after a natural dis- our daily consumption of oil comes supply a world thirsty for oil. It could aster—which we have experienced after

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10335 Katrina. The Judiciary Committee is support, as authorized by law, unless the for the training and administration of the meeting at this moment as they con- Secretary of Defense determines that addi- Army National Guard, and contributions sider a nominee for Chief Justice of the tional obligations are necessary for such pur- therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Supreme Court. poses and notifies the Committees on Appro- priations of both Houses of Congress of the Construction Authorization Acts, I have made similar remarks on this determination and the reasons therefor. $410,624,000, to remain available until Sep- floor time and time again. If they have øIn addition, $50,000,000, to remain avail- tember 30, 2010. not fallen on deaf ears, they have been able until September 30, 2007, for overhead øMILITARY CONSTRUCTION, AIR NATIONAL ignored, as have the similar remarks of cover systems to support force protection ac- GUARD other Senators. How many times do we tivities in Iraq: Provided, That notwith- øFor construction, acquisition, expansion, have to be reminded of our vulner- standing any other provision of law, such rehabilitation, and conversion of facilities ability as a nation, dependent on for- funds may be obligated or expended to carry for the training and administration of the eign oil? Let’s start enacting some en- out planning and design and military con- Air National Guard, and contributions there- struction projects not otherwise authorized for, as authorized by chapter 1803 of title 10, ergy policies that will address this by law. United States Code, and Military Construc- problem immediately, to wean our- øMILITARY CONSTRUCTION, NAVY AND MARINE tion Authorization Acts, $225,727,000, to re- selves as quickly as possible from de- CORPS main available until September 30, 2010. pendence on foreign oil. ø øFor acquisition, construction, installa- MILITARY CONSTRUCTION, ARMY RESERVE I suggest the absence of a quorum. tion, and equipment of temporary or perma- øFor construction, acquisition, expansion, The PRESIDING OFFICER. The nent public works, naval installations, facili- rehabilitation, and conversion of facilities clerk will call the roll. ties, and real property for the Navy and Ma- for the training and administration of the The legislative clerk proceeded to rine Corps as currently authorized by law, Army Reserve as authorized by chapter 1803 call the roll. including personnel in the Naval Facilities of title 10, United States Code, and Military Construction Authorization Acts, Mrs. HUTCHISON. Mr. President, I Engineering Command and other personal services necessary for the purposes of this $138,425,000, to remain available until Sep- ask unanimous consent that the order tember 30, 2010. for the quorum call be dispensed with. appropriation, $1,109,177,000, to remain avail- able until September 30, 2010: Provided, That øMILITARY CONSTRUCTION, NAVAL RESERVE The PRESIDING OFFICER. Without of this amount, not to exceed $36,029,000 shall øFor construction, acquisition, expansion, objection, it is so ordered. be available for study, planning, design, and rehabilitation, and conversion of facilities f architect and engineer services, as author- for the training and administration of the re- ized by law, unless the Secretary of Defense serve components of the Navy and Marine MILITARY CONSTRUCTION AND determines that additional obligations are Corps as authorized by chapter 1803 of title VETERANS AFFAIRS, AND RE- necessary for such purposes and notifies the 10, United States Code, and Military Con- LATED AGENCIES APPROPRIA- Committees on Appropriations of both struction Authorization Acts, $45,226,000, to TIONS ACT, 2006 Houses of Congress of the determination and remain available until September 30, 2010. the reasons therefor. øMILITARY CONSTRUCTION, AIR FORCE The PRESIDING OFFICER. Under RESERVE øMILITARY CONSTRUCTION, AIR FORCE the previous order, the Senate will pro- øFor construction, acquisition, expansion, øFor acquisition, construction, installa- ceed to the consideration of H.R. 2528, rehabilitation, and conversion of facilities tion, and equipment of temporary or perma- which the clerk will report. for the training and administration of the nent public works, military installations, fa- The legislative clerk read as follows: Air Force Reserve as authorized by chapter cilities, and real property for the Air Force A bill (H.R. 2528) making appropriations 1803 of title 10, United States Code, and Mili- as currently authorized by law, $1,171,338,000, tary Construction Authorization Acts, for military quality of life functions of the to remain available until September 30, 2010: Department of Defense, military construc- $110,847,000, to remain available until Sep- Provided, That of this amount, not to exceed tember 30, 2010. tion, the Department of Veterans Affairs, $91,733,000 shall be available for study, plan- øNORTH ATLANTIC TREATY ORGANIZATION and related agencies for the fiscal year end- ning, design, and architect and engineer SECURITY INVESTMENT PROGRAM ing September 30, 2006, and for other pur- services, as authorized by law, unless the ø poses. Secretary of Defense determines that addi- For the United States share of the cost of The Senate proceeded to consider the tional obligations are necessary for such pur- the North Atlantic Treaty Organization Se- curity Investment Program for the acquisi- bill which had been reported from the poses and notifies the Committees on Appro- priations of both Houses of Congress of the tion and construction of military facilities Committee on Appropriations, with an and installations (including international determination and the reasons therefor. amendment. military headquarters) and for related ex- øMILITARY CONSTRUCTION, DEFENSE-WIDE (Strike the part shown in black brackets penses for the collective defense of the North and insert the part shown in italic.) ø(INCLUDING TRANSFER OF FUNDS) Atlantic Treaty Area as authorized by sec- tion 2806 of title 10, United States Code, and H.R. 2528 øFor acquisition, construction, installa- tion, and equipment of temporary or perma- Military Construction Authorization Acts, Be it enacted by the Senate and House of Rep- nent public works, installations, facilities, $206,858,000, to remain available until ex- resentatives of the United States of America in and real property for activities and agencies pended. Congress assembled, of the Department of Defense (other than the øFAMILY HOUSING CONSTRUCTION, ARMY øThat the following sums are appropriated, military departments), as currently author- øFor expenses of family housing for the out of any money in the Treasury not other- ized by law, $976,664,000, to remain available Army for construction, including acquisi- wise appropriated for military quality of life until September 30, 2010: Provided, That such tion, replacement, addition, expansion, ex- functions of the Department of Defense, amounts of this appropriation as may be de- tension, and alteration, as authorized by military construction, the Department of termined by the Secretary of Defense may be law, $549,636,000, to remain available until Veterans Affairs, and related agencies, for transferred to such appropriations of the De- September 30, 2010. the fiscal year ending September 30, 2006, and partment of Defense available for military øFAMILY HOUSING OPERATION AND for other purposes, namely: construction or family housing as the Sec- MAINTENANCE, ARMY ø TITLE I retary may designate, to be merged with and øFor expenses of family housing for the øDEPARTMENT OF DEFENSE to be available for the same purposes, and for Army for operation and maintenance, includ- øMILITARY CONSTRUCTION, ARMY the same time period, as the appropriation ing debt payment, leasing, minor construc- or fund to which transferred: Provided fur- tion, principal and interest charges, and in- øFor acquisition, construction, installa- ther, That of the amount appropriated, not surance premiums, as authorized by law, tion, and equipment of temporary or perma- to exceed $107,285,000 shall be available for $803,993,000. nent public works, military installations, fa- study, planning, design, and architect and ø cilities, and real property for the Army as FAMILY HOUSING CONSTRUCTION, NAVY AND engineer services, as authorized by law, un- currently authorized by law, including per- MARINE CORPS less the Secretary of Defense determines sonnel in the Army Corps of Engineers and øFor expenses of family housing for the that additional obligations are necessary for other personal services necessary for the Navy and Marine Corps for construction, in- such purposes and notifies the Committees purposes of this appropriation, and for con- cluding acquisition, replacement, addition, on Appropriations of both Houses of Con- struction and operation of facilities in sup- expansion, extension, and alteration, as au- gress of the determination and the reasons port of the functions of the Commander in thorized by law, $218,942,000, to remain avail- therefor. Chief, $1,602,552,000, to remain available until able until September 30, 2010. September 30, 2010: Provided, That of this øMILITARY CONSTRUCTION, ARMY NATIONAL øFAMILY HOUSING OPERATION AND amount, not to exceed $168,804,000 shall be GUARD MAINTENANCE, NAVY AND MARINE CORPS available for study, planning, design, archi- øFor construction, acquisition, expansion, øFor expenses of family housing for the tect and engineer services, and host nation rehabilitation, and conversion of facilities Navy and Marine Corps for operation and

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maintenance, including debt payment, leas- øBASIC ALLOWANCE FOR HOUSING, ARMY Army shall, upon determining that such ing, minor construction, principal and inter- RESERVE funds are required for environmental res- est charges, and insurance premiums, as au- øFor basic allowance for housing, for mem- toration, reduction and recycling of haz- thorized by law, $588,660,000. bers of the Army Reserve on active duty, ardous waste, removal of unsafe buildings øFAMILY HOUSING CONSTRUCTION, AIR FORCE $310,566,000. and debris of the Department of the Army, or for similar purposes, transfer the funds ø øBASIC ALLOWANCE FOR HOUSING, NAVAL For expenses of family housing for the Air made available by this appropriation to RESERVE Force for construction, including acquisi- other appropriations made available to the ø tion, replacement, addition, expansion, ex- For basic allowance for housing, for mem- Department of the Army, to be merged with tension, and alteration, as authorized by bers of the Naval Reserve on active duty, and to be available for the same purposes law, $1,236,220,000, to remain available until $191,338,000. and for the same time period as the appro- September 30, 2010. øBASIC ALLOWANCE FOR HOUSING, MARINE priations to which transferred: Provided fur- øFAMILY HOUSING OPERATION AND CORPS RESERVE ther, That upon a determination that all or MAINTENANCE, AIR FORCE øFor basic allowance for housing, for mem- part of the funds transferred from this appro- øFor expenses of family housing for the Air bers of the Marine Corps Reserve on active priation are not necessary for the purposes Force for operation and maintenance, in- duty, $40,609,000. provided herein, such amounts may be trans- cluding debt payment, leasing, minor con- øBASIC ALLOWANCE FOR HOUSING, AIR FORCE ferred back to this appropriation. struction, principal and interest charges, and RESERVE øENVIRONMENTAL RESTORATION, NAVY insurance premiums, as authorized by law, øFor basic allowance for housing, for mem- ø(INCLUDING TRANSFER OF FUNDS) $755,319,000. bers of the Air Force Reserve on active duty, øFor the Department of the Navy, øFAMILY HOUSING OPERATION AND $71,286,000. $305,275,000, to remain available until trans- MAINTENANCE, DEFENSE-WIDE øFACILITIES SUSTAINMENT, RESTORATION AND ferred: Provided, That the Secretary of the øFor expenses of family housing for the ac- MODERNIZATION, ARMY Navy shall, upon determining that such tivities and agencies of the Department of øFor expenses for facilities sustainment, funds are required for environmental res- Defense (other than the military depart- restoration and modernization of the Army, toration, reduction and recycling of haz- ments) for operation and maintenance, leas- $1,850,518,000. ardous waste, removal of unsafe buildings ing, and minor construction, as authorized øFACILITIES SUSTAINMENT, RESTORATION AND and debris of the Department of the Navy, or by law, $46,391,000. MODERNIZATION, NAVY for similar purposes, transfer the funds made ø DEPARTMENT OF DEFENSE FAMILY HOUSING øFor expenses for facilities sustainment, available by this appropriation to other ap- IMPROVEMENT FUND restoration and modernization of the Navy, propriations made available to the Depart- øFor the Department of Defense Family $1,344,971,000. ment of the Navy, to be merged with and to be available for the same purposes and for Housing Improvement Fund, $2,500,000, to re- ø FACILITIES SUSTAINMENT, RESTORATION AND the same time period as the appropriations main available until expended, for family MODERNIZATION, MARINE CORPS housing initiatives undertaken pursuant to to which transferred: Provided further, That øFor expenses for facilities sustainment, section 2883 of title 10, United States Code, upon a determination that all or part of the restoration and modernization of the Marine providing alternative means of acquiring and funds transferred from this appropriation are Corps, $553,960,000. improving military family housing and sup- not necessary for the purposes provided here- porting facilities. øFACILITIES SUSTAINMENT, RESTORATION AND in, such amounts may be transferred back to MODERNIZATION, AIR FORCE this appropriation. øBASE REALIGNMENT AND CLOSURE ACCOUNT ø 1990 For expenses for facilities sustainment, øENVIRONMENTAL RESTORATION, AIR FORCE restoration and modernization of the Air ø ø(INCLUDING TRANSFER OF FUNDS) For deposit into the Department of De- Force, $1,845,701,000. fense Base Closure Account 1990, established øFor the Department of the Air Force, øFACILITIES SUSTAINMENT, RESTORATION AND by section 2906(a)(1) of the Defense Base Clo- $406,461,000, to remain available until trans- MODERNIZATION, DEFENSE-WIDE sure and Realignment Act of 1990 (10 U.S.C. ferred: Provided, That the Secretary of the ø 2687 note), $377,827,000, to remain available For expenses for facilities sustainment, Air Force shall, upon determining that such until expended. restoration and modernization of the Depart- funds are required for environmental res- ment of Defense, $115,400,000. øBASE REALIGNMENT AND CLOSURE ACCOUNT toration, reduction and recycling of haz- 2005 øFACILITIES SUSTAINMENT, RESTORATION AND ardous waste, removal of unsafe buildings MODERNIZATION, ARMY NATIONAL GUARD and debris of the Department of the Air øFor deposit into the Department of De- ø Force, or for similar purposes, transfer the fense Base Realignment and Closure Account For expenses for facilities sustainment, funds made available by this appropriation 2005, established by section 2906A(a)(1) of the restoration and modernization of the Army to other appropriations made available to Defense Base Closure and Realignment Act National Guard, $391,544,000. the Department of the Air Force, to be of 1990 (10 U.S.C. 2687 note), $1,570,466,000, to øFACILITIES SUSTAINMENT, RESTORATION AND merged with and to be available for the same remain available until expended. MODERNIZATION, AIR NATIONAL GUARD purposes and for the same time period as the øFor expenses for facilities sustainment, øBASIC ALLOWANCE FOR HOUSING, ARMY appropriations to which transferred: Provided restoration and modernization of the Air Na- øFor basic allowance for housing, for mem- further, That upon a determination that all tional Guard, $184,791,000. bers of the Army on active duty, or part of the funds transferred from this ap- $3,945,392,000. øFACILITIES SUSTAINMENT, RESTORATION AND propriation are not necessary for the pur- MODERNIZATION, ARMY RESERVE poses provided herein, such amounts may be øBASIC ALLOWANCE FOR HOUSING, NAVY øFor expenses for facilities sustainment, transferred back to this appropriation. øFor basic allowance for housing, for mem- restoration and modernization of the Army øENVIRONMENTAL RESTORATION, DEFENSE- bers of the Navy on active duty, Reserve, $204,370,000. $3,592,905,000. WIDE øFACILITIES SUSTAINMENT, RESTORATION AND ø ø(INCLUDING TRANSFER OF FUNDS) BASIC ALLOWANCE FOR HOUSING, MARINE MODERNIZATION, NAVAL RESERVE CORPS ø øFor expenses for facilities sustainment, For the Department of Defense, øFor basic allowance for housing, for mem- restoration and modernization of the Naval $28,167,000, to remain available until trans- bers of the Marine Corps on active duty, Reserve, $67,788,000. ferred: Provided, That the Secretary of De- fense shall, upon determining that such $1,179,071,000. ø FACILITIES SUSTAINMENT, RESTORATION AND funds are required for environmental res- øBASIC ALLOWANCE FOR HOUSING, AIR FORCE MODERNIZATION, MARINE CORPS RESERVE toration, reduction and recycling of haz- øFor basic allowance for housing, for mem- øFor expenses for facilities sustainment, ardous waste, removal of unsafe buildings bers of the Air Force on active duty, restoration and modernization of the Marine and debris of the Department of Defense, or $3,240,113,000. Corps Reserve, $10,105,000. for similar purposes, transfer the funds made øBASIC ALLOWANCE FOR HOUSING, ARMY øFACILITIES SUSTAINMENT, RESTORATION AND available by this appropriation to other ap- NATIONAL GUARD MODERNIZATION, AIR FORCE RESERVE propriations made available to the Depart- øFor basic allowance for housing, for mem- øFor expenses for facilities sustainment, ment of Defense, to be merged with and to be bers of the Army National Guard on active restoration and modernization of the Air available for the same purposes and for the duty, $453,690,000. Force Reserve, $55,764,000. same time period as the appropriations to which transferred: Provided further, That øENVIRONMENTAL RESTORATION, ARMY øBASIC ALLOWANCE FOR HOUSING, AIR upon a determination that all or part of the NATIONAL GUARD ø(INCLUDING TRANSFER OF FUNDS) funds transferred from this appropriation are øFor basic allowance for housing, for mem- øFor the Department of the Army, not necessary for the purposes provided here- bers of the Air National Guard on active $407,865,000, to remain available until trans- in, such amounts may be transferred back to duty, $248,317,000. ferred: Provided, That the Secretary of the this appropriation.

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øENVIRONMENTAL RESTORATION, FORMERLY øSEC. 106. None of the funds made available øSEC. 117. Notwithstanding any other pro- USED DEFENSE SITES in this title shall be used to: (1) acquire land; vision of law, any funds appropriated to a ø(INCLUDING TRANSFER OF FUNDS) (2) provide for site preparation; or (3) install military department or defense agency for øFor the Department of the Army, utilities for any family housing, except hous- the construction of military projects may be $221,921,000, to remain available until trans- ing for which funds have been made available obligated for a military construction project ferred: Provided, That the Secretary of the in annual Acts making appropriations for or contract, or for any portion of such a military construction. project or contract, at any time before the Army shall, upon determining that such ø funds are required for environmental res- SEC. 107. None of the funds made available end of the fourth fiscal year after the fiscal toration, reduction and recycling of haz- in this title for minor construction may be year for which funds for such project were ardous waste, removal of unsafe buildings used to transfer or relocate any activity appropriated if the funds obligated for such and debris at sites formerly used by the De- from one base or installation to another, project: (1) are obligated from funds avail- partment of Defense, transfer the funds made without prior notification to the Committees able for military construction projects; and available by this appropriation to other ap- on Appropriations of both Houses of Con- (2) do not exceed the amount appropriated propriations made available to the Depart- gress. for such project, plus any amount by which øSEC. 108. None of the funds made available ment of the Army, to be merged with and to the cost of such project is increased pursuant in this title may be used for the procurement be available for the same purposes and for to law. of steel for any construction project or activ- ø the same time period as the appropriations SEC. 118. The Secretary of Defense is to ity for which American steel producers, fab- to which transferred: Provided further, That provide the Committees on Appropriations of ricators, and manufacturers have been de- upon a determination that all or part of the both Houses of Congress with an annual re- nied the opportunity to compete for such funds transferred from this appropriation are port by February 15, containing details of steel procurement. not necessary for the purposes provided here- the specific actions proposed to be taken by øSEC. 109. None of the funds available to in, such amounts may be transferred back to the Department of Defense during the cur- the Department of Defense for military con- this appropriation. rent fiscal year to encourage other member struction or family housing during the cur- nations of the North Atlantic Treaty Organi- ø DEFENSE HEALTH PROGRAM rent fiscal year may be used to pay real zation, Japan, Korea, and United States al- øFor expenses, not otherwise provided for, property taxes in any foreign nation. lies bordering the Arabian Sea to assume a for medical and health care programs of the øSEC. 110. None of the funds made available greater share of the common defense burden Department of Defense, as authorized by law, in this title may be used to initiate a new in- of such nations and the United States. $19,983,912,000, of which $19,184,537,000 shall be stallation overseas without prior notifica- ø(TRANSFER OF FUNDS) for operation and maintenance, of which not tion to the Committees on Appropriations of øSEC. 119. In addition to any other transfer to exceed 2 percent shall remain available both Houses of Congress. authority available to the Department of De- until September 30, 2007, and of which up to øSEC. 111. None of the funds made available fense, proceeds deposited to the Department $10,212,427,000 may be available for contracts in this title may be obligated for architect of Defense Base Closure Account established entered into under the TRICARE program; of and engineer contracts estimated by the by section 207(a)(1) of the Defense Authoriza- which $355,119,000, to remain available for ob- Government to exceed $500,000 for projects to tion Amendments and Base Closure and Re- ligation until September 30, 2008, shall be for be accomplished in Japan, in any NATO alignment Act (10 U.S.C. 2687 note) pursuant member country, or in countries bordering procurement; and of which $444,256,000, to re- to section 207(a)(2)(C) of such Act, may be main available for obligation until Sep- the Arabian Sea, unless such contracts are transferred to the account established by tember 30, 2007, shall be for research, devel- awarded to United States firms or United section 2906(a)(1) of the Defense Base Closure opment, test and evaluation: Provided, That States firms in joint venture with host na- and Realignment Act of 1990 (10 U.S.C. 2687 notwithstanding any other provision of law, tion firms. note), to be merged with, and to be available øSEC. 112. None of the funds made available of the amount made available under this for the same purposes and the same time pe- in this title for military construction in the heading for research, development, test and riod as that account. evaluation, not less than $7,500,000 shall be United States territories and possessions in ø(TRANSFER OF FUNDS) available for HIV prevention educational ac- the Pacific and on Kwajalein Atoll, or in ø tivities undertaken in connection with U.S. countries bordering the Arabian Sea, may be SEC. 120. Subject to 30 days prior notifica- military training, exercises, and humani- used to award any contract estimated by the tion to the Committees on Appropriations of tarian assistance activities conducted pri- Government to exceed $1,000,000 to a foreign both Houses of Congress, such additional marily in African nations. contractor: Provided, That this section shall amounts as may be determined by the Sec- retary of Defense may be transferred to: (1) øADMINISTRATIVE PROVISIONS not be applicable to contract awards for which the lowest responsive and responsible the Department of Defense Family Housing øSEC. 101. None of the funds made available bid of a United States contractor exceeds the Improvement Fund from amounts appro- in this title shall be expended for payments priated for construction in ‘‘Family Hous- under a cost-plus-a-fixed-fee contract for lowest responsive and responsible bid of a foreign contractor by greater than 20 per- ing’’ accounts, to be merged with and to be construction, where cost estimates exceed available for the same purposes and for the $25,000, to be performed within the United cent: Provided further, That this section shall not apply to contract awards for military same period of time as amounts appropriated States, except Alaska, without the specific directly to the Fund; or (2) the Department approval in writing of the Secretary of De- construction on Kwajalein Atoll for which the lowest responsive and responsible bid is of Defense Military Unaccompanied Housing fense setting forth the reasons therefor. Improvement Fund from amounts appro- øSEC. 102. Funds appropriated in this title submitted by a Marshallese contractor. ø priated for construction of military unac- for construction shall be available for hire of SEC. 113. The Secretary of Defense is to inform the appropriate committees of both companied housing in ‘‘Military Construc- passenger motor vehicles. tion’’ accounts, to be merged with and to be øSEC. 103. Funds appropriated in this title Houses of Congress, including the Commit- tees on Appropriations, of the plans and available for the same purposes and for the for construction may be used for advances to same period of time as amounts appropriated the Federal Highway Administration, De- scope of any proposed military exercise in- volving United States personnel 30 days prior directly to the Fund: Provided, That appro- partment of Transportation, for the con- priations made available to the Funds shall struction of access roads as authorized by to its occurring, if amounts expended for construction, either temporary or perma- be available to cover the costs, as defined in section 210 of title 23, United States Code, section 502(5) of the Congressional Budget when projects authorized therein are cer- nent, are anticipated to exceed $100,000. ø Act of 1974, of direct loans or loan guaran- tified as important to the national defense SEC. 114. Not more than 20 percent of the funds made available in this title which are tees issued by the Department of Defense by the Secretary of Defense. pursuant to the provisions of subchapter IV ø limited for obligation during the current fis- SEC. 104. None of the funds made available of chapter 169 of title 10, United States Code, in this title may be used to begin construc- cal year shall be obligated during the last 2 months of the fiscal year. pertaining to alternative means of acquiring tion of new bases in the United States for and improving military family housing, mili- ø(TRANSFER OF FUNDS) which specific appropriations have not been tary unaccompanied housing, and supporting made. øSEC. 115. Funds appropriated to the De- facilities. ø SEC. 105. None of the funds made available partment of Defense for construction in prior øSEC. 121. None of the funds made available in this title shall be used for purchase of years shall be available for construction au- in this title may be obligated for Partnership land or land easements in excess of 100 per- thorized for each such military department for Peace Programs in the New Independent cent of the value as determined by the Army by the authorizations enacted into law dur- States of the former Soviet Union. Corps of Engineers or the Naval Facilities ing the current session of Congress. øSEC. 122. (a) Not later than 60 days before Engineering Command, except: (1) where øSEC. 116. For military construction or issuing any solicitation for a contract with there is a determination of value by a Fed- family housing projects that are being com- the private sector for military family hous- eral court; (2) purchases negotiated by the pleted with funds otherwise expired or lapsed ing the Secretary of the military department Attorney General or the designee of the At- for obligation, expired or lapsed funds may concerned shall submit to the Committees torney General; (3) where the estimated be used to pay the cost of associated super- on Appropriations of both Houses of Con- value is less than $25,000; or (4) as otherwise vision, inspection, overhead, engineering and gress the notice described in subsection (b). determined by the Secretary of Defense to be design on those projects and on subsequent ø(b)(1) A notice referred to in subsection in the public interest. claims, if any. (a) is a notice of any guarantee (including

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10338 CONGRESSIONAL RECORD — SENATE September 22, 2005 the making of mortgage or rental payments) section or until transferred pursuant to sub- øTITLE II proposed to be made by the Secretary to the section (i)(3) of such section. øDEPARTMENT OF VETERANS AFFAIRS private party under the contract involved in ø øVETERANS BENEFITS ADMINISTRATION the event of— (TRANSFER OF FUNDS) øCOMPENSATION AND PENSIONS ø(A) the closure or realignment of the in- øSEC. 128. During the 5-year period after ø stallation for which housing is provided (INCLUDING TRANSFER OF FUNDS) appropriations available to the Department øFor the payment of compensation benefits under the contract; of Defense for military construction and ø(B) a reduction in force of units stationed to or on behalf of veterans and a pilot pro- family housing operation and maintenance at such installation; or gram for disability examinations as author- and construction have expired for obligation, ø(C) the extended deployment overseas of ized by law (38 U.S.C. 107, chapters 11, 13, 18, upon a determination that such appropria- units stationed at such installation. 51, 53, 55, and 61); pension benefits to or on ø(2) Each notice under this subsection shall tions will not be necessary for the liquida- behalf of veterans as authorized by law (38 specify the nature of the guarantee involved tion of obligations or for making authorized U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. and assess the extent and likelihood, if any, adjustments to such appropriations for obli- 2508); and burial benefits, emergency and of the liability of the Federal Government gations incurred during the period of avail- other officers’ retirement pay, adjusted-serv- with respect to the guarantee. ability of such appropriations, unobligated ice credits and certificates, payment of pre- balances of such appropriations may be miums due on commercial life insurance ø(TRANSFER OF FUNDS) transferred into the appropriation, ‘‘Foreign policies guaranteed under the provisions of ø SEC. 123. In addition to any other transfer Currency Fluctuations, Construction, De- title IV of the Servicemembers Civil Relief authority available to the Department of De- fense,’’ to be merged with and to be available Act (50 U.S.C. App. 540 et seq.) and for other fense, amounts may be transferred from the for the same time period and for the same benefits as authorized by law (38 U.S.C. 107, account established by section 2906(a)(1) of purposes as the appropriation to which 1312, 1977, and 2106, chapters 23, 51, 53, 55, and the Defense Base Closure and Realignment transferred. 61; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), Act of 1990 (10 U.S.C. 2687 note), to the fund $33,412,879,000, to remain available until ex- ø established by section 1013(d) of the Dem- SEC. 129. None of the funds appropriated pended: Provided, That not to exceed onstration Cities and Metropolitan Develop- in this title available for the Civilian Health $23,491,000 of the amount appropriated under ment Act of 1966 (42 U.S.C. 3374) to pay for and Medical Program of the Uniformed Serv- this heading shall be reimbursed to ‘‘General expenses associated with the Homeowners ices (CHAMPUS) or TRICARE shall be avail- operating expenses’’ and ‘‘Medical services’’ Assistance Program. Any amounts trans- able for the reimbursement of any health for necessary expenses in implementing the ferred shall be merged with and be available care provider for inpatient mental health provisions of chapters 51, 53, and 55 of title for the same purposes and for the same time service for care received when a patient is 38, United States Code), the funding source period as the fund to which transferred. referred to a provider of inpatient mental for which is specifically provided as the ø SEC. 124. Notwithstanding this or any health care or residential treatment care by ‘‘Compensation and pensions’’ appropriation: other provision of law, funds made available a medical or health care professional having Provided further, That such sums as may be in this title for operation and maintenance an economic interest in the facility to which earned on an actual qualifying patient basis, of family housing shall be the exclusive the patient is referred: Provided, That this shall be reimbursed to ‘‘Medical facilities re- source of funds for repair and maintenance of limitation does not apply in the case of inpa- volving fund’’ to augment the funding of in- all family housing units, including general tient mental health services provided under dividual medical facilities for nursing home or flag officer quarters: Provided, That not the program for persons with disabilities care provided to pensioners as authorized. more than $35,000 per unit may be spent an- øREADJUSTMENT BENEFITS nually for the maintenance and repair of any under subsection (d) of section 1079 of title general or flag officer quarters without 30 10, United States Code, provided as partial øFor the payment of readjustment and re- days prior notification to the Committees on hospital care, or provided pursuant to a habilitation benefits to or on behalf of vet- Appropriations of both Houses of Congress, waiver authorized by the Secretary of De- erans as authorized by law (38 U.S.C. chap- except that an after-the-fact notification fense because of medical or psychological ters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), shall be submitted if the limitation is ex- circumstances of the patient that are con- $3,214,246,000, to remain available until ex- ceeded solely due to costs associated with firmed by a health professional who is not a pended: Provided, That expenses for rehabili- environmental remediation that could not be Federal employee after a review, pursuant to tation program services and assistance reasonably anticipated at the time of the rules prescribed by the Secretary, which which the Secretary is authorized to provide budget submission: Provided further, That the takes into account the appropriate level of under section 3104(a) of title 38, United Under Secretary of Defense (Comptroller) is care for the patient, the intensity of services States Code, other than under subsection to report annually to the Committees on Ap- required by the patient, and the availability (a)(1), (2), (5), and (11) of that section, shall propriations of both Houses of Congress all of that care. be charged to this account. øVETERANS INSURANCE AND INDEMNITIES operation and maintenance expenditures for øSEC. 130. The Secretary of Defense, in co- ø each individual general or flag officer quar- ordination with the Secretary of Health and For military and naval insurance, na- ters for the prior fiscal year. Human Services, may carry out a program to tional service life insurance, servicemen’s in- øSEC. 125. None of the funds made available distribute surplus dental and medical equip- demnities, service-disabled veterans insur- in this title under the heading ‘‘North Atlan- ment of the Department of Defense, at no ance, and veterans mortgage life insurance tic Treaty Organization Security Investment as authorized by 38 U.S.C. chapter 19; 70 Stat. cost to the Department of Defense, to Indian Program’’, and no funds appropriated for any 887; 72 Stat. 487, $45,907,000, to remain avail- Health Service facilities and to federally- fiscal year before fiscal year 2006 for that able until expended. qualified health centers (within the meaning program that remain available for obliga- ø of section 1905(l)(2)(B) of the Social Security VETERANS HOUSING BENEFIT PROGRAM FUND tion, may be obligated or expended for the PROGRAM ACCOUNT conduct of studies of missile defense. Act (42 U.S.C. 1396d(l)(2)(B))). ø(INCLUDING TRANSFER OF FUNDS) øSEC. 126. Whenever the Secretary of De- øSEC. 131. None of the funds made available øFor the cost of direct and guaranteed fense or any other official of the Department in this title may be used to carry out a mili- loans, such sums as may be necessary to of Defense is requested by the subcommittee tary construction project, land acquisition, carry out the program, as authorized by 38 on Military Quality of Life and Veterans Af- or family housing project for a military in- U.S.C. chapter 37: Provided, That such costs, fairs, and Related Agencies of the Com- stallation approved for closure in 2005 under mittee on Appropriations of the House of including the cost of modifying such loans, the Defense Base Closure and Realignment shall be as defined in section 502 of the Con- Representatives or the subcommittee on Act of 1990 (part A of title XXIX of Public Military Construction and Veterans Affairs, gressional Budget Act of 1974: Provided fur- Law 101–510; 10 U.S.C. 2687 note), and the Sec- ther, That during fiscal year 2005, within the and Related Agencies of the Committee on retary of Defense may not transfer funds ap- Appropriations of the Senate to respond to a resources available, not to exceed $500,000 in propriated for such a military construction gross obligations for direct loans are author- question or inquiry submitted by the chair- project, land acquisition, or family housing man or another member of that sub- ized for specially adapted housing loans. project to another account or use such funds øIn addition, for administrative expenses committee pursuant to a subcommittee for another purpose or project without the to carry out the direct and guaranteed loan hearing or other activity, the Secretary (or approval of the Committees on Appropria- programs, $153,575,000, which may be trans- other official) shall respond to the request, tions of both Houses of Congress. ferred to and merged with the appropriation in writing, within 21 days of the date on for ‘‘General operating expenses’’. which the request is transmitted to the Sec- øSEC. 132. None of the funds in this title for ø retary (or other official). operation, maintenance, or repair of housing VOCATIONAL REHABILITATION LOANS øSEC. 127. Amounts contained in the Ford for general officers and flag officers in the PROGRAM ACCOUNT Island Improvement Account established by National Capital Region may be used until ø(INCLUDING TRANSFER OF FUNDS) subsection (h) of section 2814 of title 10, the Department of Defense submits the re- øFor the cost of direct loans, $53,000, as au- United States Code, are appropriated and port required by section 2802(c) of the Mili- thorized by chapter 31 of title 38, United shall be available until expended for the pur- tary Construction Authorization Act for Fis- States Code: Provided, That such costs, in- poses specified in subsection (i)(1) of such cal Year 2005. cluding the cost of modifying such loans,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10339 shall be as defined in section 502 of the Con- domiciliary, construction, supply, and re- cemeterial expenses as authorized by law; gressional Budget Act of 1974: Provided fur- search activities, as authorized by law; ad- purchase of one passenger motor vehicle for ther, That these funds under this heading are ministrative expenses in support of capital use in cemeterial operations; and hire of pas- available to subsidize gross obligations for policy activities; information technology senger motor vehicles, $156,447,000: Provided, the principal amount of direct loans not to hardware and software; uniforms or allow- That of the funds made available under this exceed $4,242,000. ances therefor, as authorized by sections heading, not to exceed $7,800,000 shall be øIn addition, for administrative expenses 5901–5902 of title 5, United States Code; ad- available until September 30, 2007. necessary to carry out the direct loan pro- ministrative and legal expenses of the De- øOFFICE OF INSPECTOR GENERAL gram, $305,000, which may be transferred to partment for collecting and recovering øFor necessary expenses of the Office of In- and merged with the appropriation for ‘‘Gen- amounts owed the Department as authorized spector General in carrying out the provi- eral operating expenses’’. under chapter 17 of title 38, United States sions of the Inspector General Act of 1978, øNATIVE AMERICAN VETERAN HOUSING LOAN Code, and the Federal Medical Care Recovery $70,174,000, to remain available until Sep- PROGRAM ACCOUNT Act (42 U.S.C. 2651 et seq.); $4,134,874,000, plus tember 30, 2007. reimbursements, of which $250,000,000 shall ø(INCLUDING TRANSFER OF FUNDS) ø be available until September 30, 2007. CONSTRUCTION, MAJOR PROJECTS øFor administrative expenses to carry out øFor constructing, altering, extending and øMEDICAL FACILITIES the direct loan program authorized by sub- improving any of the facilities including ø chapter V of chapter 37 of title 38, United For necessary expenses for the mainte- parking projects under the jurisdiction or for States Code, $580,000, which may be trans- nance and operation of hospitals, nursing the use of the Department of Veterans Af- ferred to and merged with the appropriation homes, and domiciliary facilities and other fairs, or for any of the purposes set forth in for ‘‘General operating expenses’’: Provided, necessary facilities for the Veterans Health sections 316, 2404, 2406, 8102, 8103, 8106, 8108, That no new loans in excess of $30,000,000 Administration; for administrative expenses 8109, 8110, and 8122 of title 38, United States may be made in fiscal year 2006. in support of planning, design, project man- Code, including planning, architectural and agement, real property acquisition and dis- øGUARANTEED TRANSITIONAL HOUSING LOANS engineering services, maintenance or guar- position, construction and renovation of any FOR HOMELESS VETERANS PROGRAM ACCOUNT antee period services costs associated with facility under the jurisdiction or for the use ø equipment guarantees provided under the For the administrative expenses to carry of the Department; for oversight, engineer- out the guaranteed transitional housing loan project, services of claims analysts, offsite ing and architectural activities not charged utility and storm drainage system construc- program authorized by subchapter VI of to project costs; for repairing, altering, im- chapter 37, of title 38, United States Code, tion costs, and site acquisition, where the es- proving or providing facilities in the several timated cost of a project is more than the not to exceed $750,000 of the amounts appro- hospitals and homes under the jurisdiction of priated by this Act for ‘‘General operating amount set forth in section 8104(a)(3)(A) of the Department, not otherwise provided for, title 38, United States Code, or where funds expenses’’ and ‘‘Medical administration’’ either by contract or by the hire of tem- may be expended. for a project were made available in a pre- porary employees and purchase of materials; vious major project appropriation, øVETERANS HEALTH ADMINISTRATION for leases of facilities; and for laundry and $607,100,000, to remain available until ex- øMEDICAL SERVICES food services, $3,297,669,000, plus reimburse- pended, of which $532,010,000 shall be for Cap- øFor necessary expenses for furnishing, as ments, of which $250,000,000 shall be available ital Asset Realignment for Enhanced Serv- authorized by law, inpatient and outpatient until September 30, 2007. ices (CARES) activities; and of which care and treatment to beneficiaries of the øMEDICAL AND PROSTHETIC RESEARCH $8,091,000 shall be to make reimbursements Department of Veterans Affairs and veterans øFor necessary expenses in carrying out as provided in section 13 of the Contract Dis- described in section 1705(a) of title 38, United programs of medical and prosthetic research putes Act of 1978 (41 U.S.C. 612) for claims States Code, including care and treatment in and development as authorized by chapter 73 paid for contract disputes: Provided, That ex- facilities not under the jurisdiction of the of title 38, United States Code, to remain cept for advance planning activities, includ- Department, and including medical supplies available until September 30, 2007, ing needs assessments which may or may not and equipment and salaries and expenses of $393,000,000, plus reimbursements. lead to capital investments, and other cap- health-care employees hired under title 38, ital asset management related activities, øDEPARTMENTAL ADMINISTRATION United States Code, and aid to State homes such as portfolio development and manage- ø as authorized by section 1741 of title 38, GENERAL OPERATING EXPENSES ment activities, and investment strategy United States Code; $20,995,141,000, plus reim- øFor necessary operating expenses of the studies funded through the advance planning bursements, of which not less than Department of Veterans Affairs, not other- fund and the planning and design activities $2,200,000,000 shall be expended for specialty wise provided for, including administrative funded through the design fund and CARES mental health care: Provided, That of the expenses in support of Department-wide cap- funds, including needs assessments which funds made available under this heading, not ital planning, management and policy activi- may or may not lead to capital investments, to exceed $1,100,000,000 shall be available ties, uniforms or allowances therefor; not to none of the funds appropriated under this until September 30, 2007: Provided further, exceed $25,000 for official reception and rep- heading shall be used for any project which That, notwithstanding any other provision resentation expenses; hire of passenger has not been approved by the Congress in the of law, the Secretary of Veterans Affairs motor vehicles; and reimbursement of the budgetary process: Provided further, That shall establish a priority for treatment for General Services Administration for security funds provided in this appropriation for fis- veterans who are service-connected disabled, guard services, and the Department of De- cal year 2006, for each approved project (ex- lower income, or have special needs: Provided fense for the cost of overseas employee mail, cept those for CARES activities referenced further, That, notwithstanding any other $1,411,827,000: Provided, That expenses for above) shall be obligated: (1) by the awarding provision of law, the Secretary of Veterans services and assistance authorized under of a construction documents contract by Affairs shall give priority funding for the paragraphs (1), (2), (5), and (11) of section September 30, 2006; and (2) by the awarding provision of basic medical benefits to vet- 3104(a) of title 38, United States Code, that of a construction contract by September 30, erans in enrollment priority groups 1 the Secretary determines are necessary to 2007: Provided further, That the Secretary of through 6: Provided further, That, notwith- enable entitled veterans: (1) to the maximum Veterans Affairs shall promptly report in standing any other provision of law, the Sec- extent feasible, to become employable and to writing to the Committees on Appropria- retary of Veterans Affairs may authorize the obtain and maintain suitable employment; tions of the House of Representatives and dispensing of prescription drugs from Vet- or (2) to achieve maximum independence in Senate any approved major construction erans Health Administration facilities to en- daily living, shall be charged to this account: project in which obligations are not incurred rolled veterans with privately written pre- Provided further, That the Veterans Benefits within the time limitations established scriptions based on requirements established Administration shall be funded at not less above. by the Secretary: Provided further, That the than $1,086,938,000: Provided further, That of øCONSTRUCTION, MINOR PROJECTS implementation of the program described in the funds made available under this heading, øFor constructing, altering, extending, and the previous proviso shall incur no addi- not to exceed $70,000,000 shall be available for improving any of the facilities including tional cost to the Department of Veterans obligation until September 30, 2007: Provided parking projects under the jurisdiction or for Affairs: Provided further, That for the Depart- further, That from the funds made available the use of the Department of Veterans Af- ment of Defense/Department of Veterans Af- under this heading, the Veterans Benefits fairs, including planning and assessments of fairs Health Care Sharing Incentive Fund, as Administration may purchase up to two pas- needs which may lead to capital invest- authorized by section 721 of Public Law 107– senger motor vehicles for use in operations ments, architectural and engineering serv- 314, a minimum of $15,000,000, to remain of that Administration in Manila, Phil- ices, maintenance or guarantee period serv- available until expended, for the purposes ippines. ices costs associated with equipment guaran- authorized by section 8111 of title 38, United øNATIONAL CEMETERY ADMINISTRATION tees provided under the project, services of States Code. øFor necessary expenses of the National claims analysts, offsite utility and storm øMEDICAL ADMINISTRATION Cemetery Administration for operations and drainage system construction costs, and site øFor necessary expenses in the administra- maintenance, not otherwise provided for, in- acquisition, or for any of the purposes set tion of the medical, hospital, nursing home, cluding uniforms or allowances therefor; forth in sections 316, 2404, 2406, 8102, 8103,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10340 CONGRESSIONAL RECORD — SENATE September 22, 2005 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, States Code, except that if such obligations from any person who does not make such dis- United States Code, where the estimated are from trust fund accounts they shall be closure as required: Provided further, That cost of a project is equal to or less than the payable from ‘‘Compensation and pensions’’. any amounts so recovered for care or serv- amount set forth in section 8104(a)(3)(A) of øSEC. 207. Notwithstanding any other pro- ices provided in a prior fiscal year may be title 38, United States Code, $208,937,000, to vision of law, during fiscal year 2006, the Sec- obligated by the Secretary during the fiscal remain available until expended, along with retary of Veterans Affairs shall, from the year in which amounts are received. unobligated balances of previous ‘‘Construc- National Service Life Insurance Fund (38 øSEC. 213. None of the funds made available tion, minor projects’’ appropriations which U.S.C. 1920), the Veterans’ Special Life Insur- to the Department of Veterans Affairs in are hereby made available for any project ance Fund (38 U.S.C. 1923), and the United this Act, or any other Act, may be used to where the estimated cost is equal to or less States Government Life Insurance Fund (38 implement sections 2 and 5 of Public Law than the amount set forth in such section, of U.S.C. 1955), reimburse the ‘‘General oper- 107–287 and section 303 of Public Law 108–422. ø which $160,000,000 shall be for Capital Asset ating expenses’’ account for the cost of ad- SEC. 214. Notwithstanding any other pro- vision of law, at the discretion of the Sec- Realignment for Enhanced Services (CARES) ministration of the insurance programs fi- retary of Veterans Affairs, proceeds or reve- activities: Provided, That funds in this ac- nanced through those accounts: Provided, nues derived from enhanced-use leasing ac- count shall be available for: (1) repairs to That reimbursement shall be made only from tivities (including disposal) may be deposited any of the nonmedical facilities under the the surplus earnings accumulated in an in- into the ‘‘Construction, major projects’’ and jurisdiction or for the use of the Department surance program in fiscal year 2006 that are available for dividends in that program after ‘‘Construction, minor projects’’ accounts and which are necessary because of loss or dam- be used for construction (including site ac- age caused by any natural disaster or catas- claims have been paid and actuarially deter- mined reserves have been set aside: Provided quisition and disposition), alterations and trophe; and (2) temporary measures nec- improvements of any medical facility under essary to prevent or to minimize further loss further, That if the cost of administration of an insurance program exceeds the amount of the jurisdiction or for the use of the Depart- by such causes. ment of Veterans Affairs. Such sums as real- surplus earnings accumulated in that pro- øGRANTS FOR CONSTRUCTION OF STATE ized are in addition to the amount provided gram, reimbursement shall be made only to EXTENDED CARE FACILITIES for in ‘‘Construction, major projects’’ and the extent of such surplus earnings: Provided ø ‘‘Construction, minor projects’’. For grants to assist States to acquire or further, That the Secretary shall determine øSEC. 215. Amounts made available under construct State nursing home and domi- the cost of administration for fiscal year 2006 ciliary facilities and to remodel, modify or ‘‘Medical services’’ are available— which is properly allocable to the provision ø(1) for furnishing recreational facilities, alter existing hospital, nursing home and of each insurance program and to the provi- domiciliary facilities in State homes, for fur- supplies, and equipment; and sion of any total disability income insurance ø nishing care to veterans as authorized by (2) for funeral expenses, burial expenses, included in such insurance program. and other expenses incidental to funerals and sections 8131–8137 of title 38, United States ø SEC. 208. Notwithstanding any other pro- burials for beneficiaries receiving care in the Code, $25,000,000, to remain available until vision of law, the Department of Veterans expended. Department. Affairs shall continue the Franchise Fund øSEC. 216. That such sums as may be depos- øGRANTS FOR THE CONSTRUCTION OF pilot program authorized to be established ited to the Medical Care Collections Fund STATE VETERANS CEMETERIES by section 403 of Public Law 103–356 until Oc- pursuant to section 1729A of title 38, United øFor grants to aid States in establishing, tober 1, 2006: Provided, That the Franchise States Code, may be transferred to ‘‘Medical expanding, or improving State veterans Fund, established by title I of Public Law services’’, to remain available until expended cemeteries as authorized by section 2408 of 104–204 to finance the operations of the Fran- for the purposes of this account. title 38, United States Code, $32,000,000, to re- chise Fund pilot program, shall continue øSEC. 217. Amounts made available for fis- main available until expended. until October 1, 2006. cal year 2006 under the ‘‘Medical services’’, øSEC. 209. Amounts deducted from en- øADMINISTRATIVE PROVISIONS ‘‘Medical administration’’, and ‘‘Medical fa- hanced-use lease proceeds to reimburse an cilities’’ accounts may be transferred be- ø (INCLUDING TRANSFER OF FUNDS) account for expenses incurred by that ac- tween the accounts to the extent necessary øSEC. 201. Any appropriation for fiscal year count during a prior fiscal year for providing to implement the restructuring of the Vet- 2006 for ‘‘Compensation and pensions’’, ‘‘Re- enhanced-use lease services, may be obli- erans Health Administration accounts after adjustment benefits’’, and ‘‘Veterans insur- gated during the fiscal year in which the pro- notice of the amount and purpose of the ance and indemnities’’ may be transferred to ceeds are received. transfer is provided to the Committees on any other of the mentioned appropriations. øSEC. 210. Funds available in this title or Appropriations of the Senate and House of øSEC. 202. Appropriations available in this funds for salaries and other administrative Representatives and a period of 30 days has title for salaries and expenses shall be avail- expenses shall also be available to reimburse elapsed: Provided, That the limitation on able for services authorized by section 3109 of the Office of Resolution Management and the transfers is 20 percent in fiscal year 2006. title 5, United States Code, hire of passenger Office of Employment Discrimination Com- øSEC. 218. Any appropriation for fiscal year motor vehicles; lease of a facility or land or plaint Adjudication for all services provided 2006 for the Veterans Benefits Administra- both; and uniforms or allowances therefore, at rates which will recover actual costs but tion made available under the heading ‘‘Gen- as authorized by sections 5901–5902 of such not exceed $29,758,000 for the Office of Reso- eral operating expenses’’ may be transferred title. lution Management and $3,059,000 for the Of- to the ‘‘Veterans Housing Benefit Program øSEC. 203. No appropriations in this title fice of Employment and Discrimination Fund Program Account’’ for the purpose of (except the appropriations for ‘‘Construc- Complaint Adjudication: Provided, That pay- providing funds for the nationwide property tion, major projects’’, and ‘‘Construction, ments may be made in advance for services management contract if the administrative minor projects’’) shall be available for the to be furnished based on estimated costs: costs of such contract exceed $8,800,000 in the purchase of any site for or toward the con- Provided further, That amounts received shall budget year. øSEC. 219. Notwithstanding any other pro- struction of any new hospital or home. be credited to ‘‘General operating expenses’’ vision of law, the Secretary of Veterans Af- øSEC. 204. No appropriations in this title for use by the office that provided the serv- fairs (Secretary) shall allow veterans eligible shall be available for hospitalization or ex- ice. under existing VA Medical Care require- amination of any persons (except bene- øSEC. 211. No appropriations in this title ments and who reside in Alaska to obtain ficiaries entitled under the laws bestowing shall be available to enter into any new lease medical care services from medical facilities such benefits to veterans, and persons receiv- of real property if the estimated annual rent- supported by the Indian Health Services or ing such treatment under sections 7901–7904 al is more than $300,000 unless the Secretary tribal organizations. The Secretary shall: (1) of title 5, United States Code or the Robert submits a report which the Committees on limit the application of this provision to T. Stafford Disaster Relief and Emergency Appropriations of the Congress approve with- rural Alaskan veterans in areas where an ex- Assistance Act (42 U.S.C. 5121 et seq.)), unless in 30 days following the date on which the re- isting VA facility or VA-contracted service reimbursement of cost is made to the ‘‘Med- port is received. ø is unavailable; (2) require participating vet- ical services’’ account at such rates as may SEC. 212. No funds of the Department of erans and facilities to comply with all appro- be fixed by the Secretary of Veterans Affairs. Veterans Affairs shall be available for hos- priate rules and regulations, as established ø SEC. 205. Appropriations available in this pital care, nursing home care, or medical by the Secretary; (3) require this provision title for ‘‘Compensation and pensions’’, ‘‘Re- services provided to any person under chap- to be consistent with CARES; and (4) result adjustment benefits’’, and ‘‘Veterans insur- ter 17 of title 38, United States Code, for a in no additional cost to the Department of ance and indemnities’’ shall be available for non-service-connected disability described in Veterans Affairs or the Indian Health Serv- payment of prior year accrued obligations section 1729(a)(2) of such title, unless that ice. required to be recorded by law against the person has disclosed to the Secretary of Vet- øSEC. 220. That such sums as may be depos- corresponding prior year accounts within the erans Affairs, in such form as the Secretary ited to the Department of Veterans Affairs last quarter of fiscal year 2005. may require, current, accurate third-party Capital Asset Fund pursuant to section 8118 øSEC. 206. Appropriations available in this reimbursement information for purposes of of title 38, United States Code, may be trans- title shall be available to pay prior year obli- section 1729 of such title: Provided, That the ferred to the ‘‘Construction, major projects’’ gations of corresponding prior year appro- Secretary may recover, in the same manner and ‘‘Construction, minor projects’’ ac- priations accounts resulting from sections as any other debt due the United States, the counts, to remain available until expended 3328(a), 3334, and 3712(a) of title 31, United reasonable charges for such care or services for the purposes of these accounts.

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øSEC. 221. None of the funds available to grants, to pay or to provide reimbursement Chief, $1,640,641,000, to remain available until the Department of Veterans Affairs in this for payment of the salary of a consultant September 30, 2010: Provided, That of this Act, or any other Act, may be used by the (whether retained by the Federal Govern- amount, not to exceed $191,393,000 shall be Department of Veterans Affairs to imple- ment or a grantee) at more than the daily available for study, planning, design, architect ment a national standardized contract for di- equivalent of the rate paid for level IV of the and engineer services, and host nation support, abetes monitoring systems. Executive Schedule, unless specifically au- as authorized by law, unless the Secretary of øTITLE III thorized by law. Defense determines that additional obligations ø øRELATED AGENCIES SEC. 403. Such sums as may be necessary are necessary for such purposes and notifies the for fiscal year 2006 pay raises for programs Committees on Appropriations of both Houses of øAMERICAN BATTLE MONUMENTS COMMISSION funded by this Act shall be absorbed within Congress of the determination and the reasons øSALARIES AND EXPENSES the levels appropriated in this Act. therefor. øFor necessary expenses, not otherwise øSEC. 404. None of the funds made available MILITARY CONSTRUCTION, NAVY AND MARINE provided for, of the American Battle Monu- in this Act may be used for any program, CORPS ments Commission, including the acquisition project, or activity, when it is made known of land or interest in land in foreign coun- to the Federal entity or official to which the (INCLUDING RESCISSION OF FUNDS) tries; purchases and repair of uniforms for funds are made available that the program, For acquisition, construction, installation, caretakers of national cemeteries and monu- project, or activity is not in compliance with and equipment of temporary or permanent pub- ments outside of the United States and its any Federal law relating to risk assessment, lic works, naval installations, facilities, and real territories and possessions; rent of office and the protection of private property rights, or property for the Navy and Marine Corps as cur- garage space in foreign countries; purchase unfunded mandates. rently authorized by law, including personnel in (one for replacement only) and hire of pas- øSEC. 405. No part of any funds appro- the Naval Facilities Engineering Command and senger motor vehicles; not to exceed $7,500 priated in this Act shall be used by an agen- other personal services necessary for the pur- for official reception and representation ex- cy of the executive branch, other than for poses of this appropriation, $1,045,882,000, to re- penses; and insurance of official motor vehi- normal and recognized executive-legislative main available until September 30, 2010: Pro- cles in foreign countries, when required by relationships, for publicity or propaganda vided, That of this amount, not to exceed law of such countries, $35,750,000, to remain purposes, and for the preparation, distribu- $32,524,000 shall be available for study, plan- available until expended. tion or use of any kit, pamphlet, booklet, ning, design, and architect and engineer serv- øFOREIGN CURRENCY FLUCTUATIONS ACCOUNT publication, radio, television or film presen- ices, as authorized by law, unless the Secretary øFor necessary expenses, not otherwise tation designed to support or defeat legisla- of Defense determines that additional obliga- provided for, of the American Battle Monu- tion pending before Congress, except in pres- tions are necessary for such purposes and noti- ments Commission, $15,250,000, to remain entation to Congress itself. fies the Committees on Appropriations of both øSEC. 406. All departments and agencies available until expended, for purposes au- Houses of Congress of the determination and the funded under this Act are encouraged, within thorized by section 2109 of title 36, United reasons therefor: Provided further, That of the the limits of the existing statutory authori- States Code. funds appropriated for ‘‘Military Construction, ties and funding, to expand their use of ‘‘E- Navy’’ under Public Law 108–324, $92,354,000 are øUNITED STATES COURT OF APPEALS FOR Commerce’’ technologies and procedures in hereby rescinded. VETERANS CLAIMS the conduct of their business practices and MILITARY CONSTRUCTION, AIR FORCE øSALARIES AND EXPENSES public service activities. øFor necessary expenses for the operation øSEC. 407. None of the funds made available For acquisition, construction, installation, of the United States Court of Appeals for in this Act may be transferred to any depart- and equipment of temporary or permanent pub- Veterans Claims as authorized by sections ment, agency, or instrumentality of the lic works, military installations, facilities, and 7251–7298 of title 38, United States Code, United States Government except pursuant real property for the Air Force as currently au- $18,295,000, of which $1,260,000 shall be avail- to a transfer made by, or transfer authority thorized by law, $1,209,128,000, to remain avail- able for the purpose of providing financial provided in, this Act or any other appropria- able until September 30, 2010: Provided, That of assistance as described, and in accordance tions Act. this amount, not to exceed $103,347,000 shall be with the process and reporting procedures øSEC. 408. Unless stated otherwise, all re- available for study, planning, design, and ar- set forth, under this heading in Public Law ports and notifications required by this Act chitect and engineer services, as authorized by 102–229. shall be submitted to the Subcommittee on law, unless the Secretary of Defense determines øDEPARTMENT OF DEFENSE—CIVIL Military Quality of Life and Veterans Af- that additional obligations are necessary for fairs, and Related Agencies of the Com- such purposes and notifies the Committees on øCEMETERIAL EXPENSES, ARMY mittee on Appropriations of the House of Appropriations of both Houses of Congress of ø SALARIES AND EXPENSES Representatives and the Subcommittee on the determination and the reasons therefor. øFor necessary expenses, as authorized by Military Construction and Veterans Affairs, MILITARY CONSTRUCTION, DEFENSE-WIDE law, for maintenance, operation, and im- and Related Agencies of the Committee on provement of Arlington National Cemetery Appropriations of the Senate. (INCLUDING TRANSFER OF FUNDS) and Soldiers’ and Airmen’s Home National øSEC. 409. None of the funds made available For acquisition, construction, installation, Cemetery, including the purchase of two pas- by this Act may be used to close or realign and equipment of temporary or permanent pub- senger motor vehicles for replacement only, any military installation approved for clo- lic works, installations, facilities, and real prop- and not to exceed $1,000 for official reception sure or realignment in 2005 before the Sec- erty for activities and agencies of the Depart- and representation expenses, $29,550,000, to retary of Defense makes the information ment of Defense (other than the military depart- remain available until expended. In addition, available upon which the Secretary’s closure ments), as currently authorized by law, such sums as may be necessary for parking and realignment recommendations were $1,072,165,000, to remain available until Sep- maintenance, repairs and replacement, to be based, as required by section 2903(c)(4) of the tember 30, 2010: Provided, That such amounts of derived from the Lease of Department of De- Defense Base Closure and Realignment Act this appropriation as may be determined by the fense Real Property for Defense Agencies ac- of 1990 (title XXIX of Public Law 101–510; 10 Secretary of Defense may be transferred to such count. U.S.C. 2687 note). appropriations of the Department of Defense øARMED FORCES RETIREMENT HOME øThis Act may be cited as the ‘‘Military available for military construction or family øFor expenses necessary for the Armed Quality of Life and Veterans Affairs Appro- housing as the Secretary may designate, to be Forces Retirement Home to operate and priations Act, 2006’’.¿ merged with and to be available for the same maintain the Armed Forces Retirement That the following sums are appropriated, out purposes, and for the same time period, as the Home—Washington and the Armed Forces of any money in the Treasury not otherwise ap- appropriation or fund to which transferred: Retirement Home—Gulfport, to be paid from propriated for military quality of life functions Provided further, That of the amount appro- funds available in the Armed Forces Retire- of the Department of Defense, military construc- priated, not to exceed $133,120,000 shall be avail- ment Home Trust Fund, $58,281,000, of which tion, the Department of Veterans Affairs, and able for study, planning, design, and architect $1,248,000 shall remain available until ex- related agencies for the fiscal year ending Sep- and engineer services, as authorized by law, un- pended for construction and renovation of tember 30, 2006, and for other purposes, namely: less the Secretary of Defense determines that ad- the physical plants at the Armed Forces Re- TITLE I—MILITARY CONSTRUCTION ditional obligations are necessary for such pur- poses and notifies the Committees on Appropria- tirement Home—Washington and the Armed MILITARY CONSTRUCTION, ARMY Forces Retirement Home—Gulfport. tions of both Houses of Congress of the deter- For acquisition, construction, installation, mination and the reasons therefor. øTITLE IV and equipment of temporary or permanent pub- øGENERAL PROVISIONS lic works, military installations, facilities, and MILITARY CONSTRUCTION, ARMY NATIONAL GUARD øSEC. 401. No part of any appropriation real property for the Army as currently author- contained in this Act shall remain available ized by law, including personnel in the Army For construction, acquisition, expansion, re- for obligation beyond the current fiscal year Corps of Engineers and other personal services habilitation, and conversion of facilities for the unless expressly so provided herein. necessary for the purposes of this appropriation, training and administration of the Army Na- øSEC. 402. None of the funds provided in and for construction and operation of facilities tional Guard, and contributions therefor, as au- this Act may be used, directly or through in support of the functions of the Commander in thorized by chapter 1803 of title 10, United

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 6333 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10342 CONGRESSIONAL RECORD — SENATE September 22, 2005 States Code, and Military Construction Author- replacement, addition, expansion, extension, provide for site preparation; or (3) install utili- ization Acts, $467,146,000, to remain available and alteration, as authorized by law, ties for any family housing, except housing for until September 30, 2010. $1,142,622,000, to remain available until Sep- which funds have been made available in an- MILITARY CONSTRUCTION, AIR NATIONAL GUARD tember 30, 2010. nual military construction appropriations Acts. SEC. 107. None of the funds made available in For construction, acquisition, expansion, re- FAMILY HOUSING OPERATION AND MAINTENANCE, this title for minor construction may be used to habilitation, and conversion of facilities for the AIR FORCE transfer or relocate any activity from one base training and administration of the Air National For expenses of family housing for the Air or installation to another, without prior notifi- Guard, and contributions therefor, as author- Force for operation and maintenance, including cation to the Committees on Appropriations of ized by chapter 1803 of title 10, United States debt payment, leasing, minor construction, prin- both Houses of Congress. Code, and Military Construction Authorization cipal and interest charges, and insurance pre- SEC. 108. None of the funds made available in Acts, $279,156,000, to remain available until Sep- miums, as authorized by law, $766,939,000. this title may be used for the procurement of tember 30, 2010. FAMILY HOUSING OPERATION AND MAINTENANCE, steel for any construction project or activity for DEFENSE-WIDE MILITARY CONSTRUCTION, ARMY RESERVE which American steel producers, fabricators, For expenses of family housing for the activi- For construction, acquisition, expansion, re- and manufacturers have been denied the oppor- ties and agencies of the Department of Defense habilitation, and conversion of facilities for the tunity to compete for such steel procurement. (other than the military departments) for oper- training and administration of the Army Re- SEC. 109. None of the funds made available in ation and maintenance, leasing, and minor con- serve as authorized by chapter 1803 of title 10, this title may be used to pay real property taxes struction, as authorized by law, $46,391,000. United States Code, and Military Construction in any foreign nation. Authorization Acts, $136,077,000, to remain DEPARTMENT OF DEFENSE FAMILY HOUSING SEC. 110. None of the funds made available in available until September 30, 2010. IMPROVEMENT FUND this title may be used to initiate a new installa- For the Department of Defense Family Hous- MILITARY CONSTRUCTION, NAVAL RESERVE tion overseas without prior notification to the ing Improvement Fund, $2,500,000, to remain Committees on Appropriations of both Houses of For construction, acquisition, expansion, re- available until expended, for family housing ini- Congress. habilitation, and conversion of facilities for the tiatives undertaken pursuant to section 2883 of SEC. 111. None of the funds made available in training and administration of the reserve com- title 10, United States Code, providing alter- this title may be obligated for architect and en- ponents of the Navy and Marine Corps as au- native means of acquiring and improving mili- gineer contracts estimated by the Government to thorized by chapter 1803 of title 10, United tary family housing and supporting facilities. exceed $500,000 for projects to be accomplished States Code, and Military Construction Author- DEPARTMENT OF DEFENSE BASE CLOSURE in Japan, in any North Atlantic Treaty Organi- ization Acts, $46,676,000, to remain available ACCOUNT 1990 zation member country, or in countries bor- until September 30, 2010. For deposit into the Department of Defense dering the Arabian Sea, unless such contracts MILITARY CONSTRUCTION, AIR FORCE RESERVE Base Closure Account 1990, established by sec- are awarded to United States firms or United For construction, acquisition, expansion, re- tion 2906(a)(1) of the Defense Base Closure and States firms in joint venture with host nation habilitation, and conversion of facilities for the Realignment Act of 1990 (10 U.S.C. section 2687 firms. training and administration of the Air Force Re- note), $377,827,000, to remain available until ex- SEC. 112. None of the funds made available in serve as authorized by chapter 1803 of title 10, pended. this title for military construction in the United United States Code, and Military Construction DEPARTMENT OF DEFENSE BASE CLOSURE States territories and possessions in the Pacific Authorization Acts, $89,260,000, to remain avail- ACCOUNT 2005 and on Kwajalein Atoll, or in countries bor- able until September 30, 2010. dering the Arabian Sea, may be used to award For deposit into the Department of Defense any contract estimated by the Government to ex- NORTH ATLANTIC TREATY ORGANIZATION Base Closure Account 2005, established by sec- ceed $1,000,000 to a foreign contractor: Provided, SECURITY INVESTMENT PROGRAM tion 2906A(a)(1) of the Defense Base Closure That this section shall not be applicable to con- and Realignment Act of 1990 (10 U.S.C. section For the United States share of the cost of the tract awards for which the lowest responsive 2687 note), $1,504,466,000, to remain available North Atlantic Treaty Organization Security In- and responsible bid of a United States con- until expended: Provided, That these funds may vestment Program for the acquisition and con- tractor exceeds the lowest responsive and re- not be obligated or expended until the Secretary struction of military facilities and installations sponsible bid of a foreign contractor by greater of Defense submits to the congressional defense (including international military headquarters) than 20 percent: Provided further, That this sec- committees and receives approval of a report de- and for related expenses for the collective de- tion shall not apply to contract awards for mili- scribing the specific programs, projects, and ac- fense of the North Atlantic Treaty Area as au- tary construction on Kwajalein Atoll for which tivities for which such funds are to be obligated. thorized by section 2806 of title 10, United States the lowest responsive and responsible bid is sub- Code, and Military Construction Authorization GENERAL PROVISIONS mitted by a Marshallese contractor. Acts, $206,858,000, to remain available until ex- SEC. 101. None of the funds made available in SEC. 113. The Secretary of Defense shall in- pended. this title shall be expended for payments under form the appropriate committees of both Houses FAMILY HOUSING CONSTRUCTION, ARMY a cost-plus-a-fixed-fee contract for construction, of Congress, including the Committees on Ap- where cost estimates exceed $25,000, to be per- For expenses of family housing for the Army propriations, of the plans and scope of any pro- formed within the United States, except Alaska, for construction, including acquisition, replace- posed military exercise involving United States without the specific approval in writing of the ment, addition, expansion, extension, and alter- personnel 30 days prior to its occurring, if Secretary of Defense setting forth the reasons ation, as authorized by law, $549,636,000, to re- amounts expended for construction, either tem- therefor. main available until September 30, 2010. porary or permanent, are anticipated to exceed SEC. 102. Funds made available in this title $100,000. FAMILY HOUSING OPERATION AND MAINTENANCE, shall be available for hire of passenger motor ve- SEC. 114. Not more than 20 percent of the ARMY hicles. funds made available in this title which are lim- SEC. 103. Funds made available in this title For expenses of family housing for the Army ited for obligation during the current fiscal year may be used for advances to the Federal High- for operation and maintenance, including debt shall be obligated during the last two months of way Administration, Department of Transpor- payment, leasing, minor construction, principal the fiscal year. tation, for the construction of access roads as and interest charges, and insurance premiums, (TRANSFER OF FUNDS) as authorized by law, $812,993,000. authorized by section 210 of title 23, United States Code, when projects authorized therein SEC. 115. Funds appropriated to the Depart- FAMILY HOUSING CONSTRUCTION, NAVY AND are certified as important to the national de- ment of Defense for construction in prior years MARINE CORPS fense by the Secretary of Defense. shall be available for construction authorized For expenses of family housing for the Navy SEC. 104. None of the funds made available in for each such military department by the au- and Marine Corps for construction, including this title may be used to begin construction of thorizations enacted into law during the current acquisition, replacement, addition, expansion, new bases in the United States for which spe- session of Congress. extension, and alteration, as authorized by law, cific appropriations have not been made. SEC. 116. For military construction or family $218,942,000, to remain available until September SEC. 105. None of the funds made available in housing projects that are being completed with 30, 2010. this title shall be used for purchase of land or funds otherwise expired or lapsed for obligation, FAMILY HOUSING OPERATION AND MAINTENANCE, land easements in excess of 100 percent of the expired or lapsed funds may be used to pay the NAVY AND MARINE CORPS value as determined by the Army Corps of Engi- cost of associated supervision, inspection, over- head, engineering and design on those projects For expenses of family housing for the Navy neers or the Naval Facilities Engineering Com- and on subsequent claims, if any. and Marine Corps for operation and mainte- mand, except: (1) where there is a determination SEC. 117. Notwithstanding any other provision nance, including debt payment, leasing, minor of value by a Federal court; (2) purchases nego- of law, any funds made available to a military construction, principal and interest charges, tiated by the Attorney General or the designee department or defense agency for the construc- and insurance premiums, as authorized by law, of the Attorney General; (3) where the estimated tion of military projects may be obligated for a $593,660,000. value is less than $25,000; or (4) as otherwise de- termined by the Secretary of Defense to be in military construction project or contract, or for FAMILY HOUSING CONSTRUCTION, AIR FORCE the public interest. any portion of such a project or contract, at any For expenses of family housing for the Air SEC. 106. None of the funds made available in time before the end of the fourth fiscal year Force for construction, including acquisition, this title shall be used to: (1) acquire land; (2) after the fiscal year for which funds for such

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 6333 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10343 project were made available if the funds obli- and assess the extent and likelihood, if any, of another purpose or project without the prior ap- gated for such project: (1) are obligated from the liability of the Federal Government with re- proval of the Committees on Appropriations of funds available for military construction spect to the guarantee. both Houses of Congress. projects; and (2) do not exceed the amount ap- (TRANSFER OF FUNDS) SEC. 129. Unless stated otherwise, all reports and notifications required by this title shall be propriated for such project, plus any amount by SEC. 123. In addition to any other transfer au- which the cost of such project is increased pur- thority available to the Department of Defense, submitted to the Subcommittee on Military suant to law. amounts may be transferred from the account Quality of Life and Veterans Affairs, and Re- SEC. 118. The Secretary of Defense shall pro- established by section 2906(a)(1) of the Defense lated Agencies of the Committee on Appropria- tions of the House of Representatives and the vide the Committees on Appropriations of both Base Closure and Realignment Act of 1990 (10 Subcommittee on Military Construction and Vet- Houses of Congress with an annual report by U.S.C. 2687 note), to the fund established by sec- erans Affairs, and Related Agencies of the Com- February 15, containing details of the specific tion 1013(d) of the Demonstration Cities and mittee on Appropriations of the Senate. actions proposed to be taken by the Department Metropolitan Development Act of 1966 (42 U.S.C. of Defense during the current fiscal year to en- section 3374) to pay for expenses associated with TITLE II—DEPARTMENT OF VETERANS courage other member nations of the North At- the Homeowners Assistance Program. Any AFFAIRS lantic Treaty Organization, Japan, Korea, and amounts transferred shall be merged with and VETERANS BENEFITS ADMINISTRATION United States allies bordering the Arabian Sea be available for the same purposes and for the COMPENSATION AND PENSIONS to assume a greater share of the common defense same time period as the fund to which trans- (INCLUDING TRANSFER OF FUNDS) burden of such nations and the United States. ferred. For the payment of compensation benefits to (TRANSFER OF FUNDS) SEC. 124. Notwithstanding this or any other or on behalf of veterans and a pilot program for SEC. 119. In addition to any other transfer au- provision of law, funds made available in this disability examinations as authorized by law (38 thority available to the Department of Defense, title for operation and maintenance of family U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and proceeds deposited to the Department of Defense housing shall be the exclusive source of funds 61); pension benefits to or on behalf of veterans Base Closure Account established by section for repair and maintenance of all family hous- as authorized by law (38 U.S.C. chapters 15, 51, 207(a)(1) of the Defense Authorization Amend- ing units, including general or flag officer quar- 53, 55, and 61; 92 Stat. 2508); and burial benefits, ments and Base Closure and Realignment Act ters: Provided, That not more than $35,000 per the Reinstated Entitlement Program for Sur- (Public Law 100–526) pursuant to section unit may be spent annually for the maintenance vivors, emergency and other officers’ retirement 207(a)(2)(C) of such Act, may be transferred to and repair of any general or flag officer quar- pay, adjusted-service credits and certificates, the account established by section 2906(a)(1) of ters without 30 days prior notification to the payment of premiums due on commercial life in- the Defense Base Closure and Realignment Act Committees on Appropriations of both Houses of surance policies guaranteed under the provi- of 1990 (10 U.S.C. section 2687 note), to be Congress, except that an after-the-fact notifica- sions of article IV of the Soldiers’ and Sailors’ merged with, and to be available for the same tion shall be submitted if the limitation is ex- Civil Relief Act of 1940 (50 U.S.C. App. 540 et purposes and the same time period as that ac- ceeded solely due to costs associated with envi- seq.) and for other benefits as authorized by law count. ronmental remediation that could not be reason- (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, (TRANSFER OF FUNDS) ably anticipated at the time of the budget sub- 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 SEC. 120. Subject to 30 days prior notification mission: Provided further, That the Under Sec- Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), to the Committees on Appropriations of both retary of Defense (Comptroller) is to report an- $33,412,879,000, to remain available until ex- Houses of Congress, such additional amounts as nually to the Committees on Appropriations of pended: Provided, That not to exceed $23,491,000 may be determined by the Secretary of Defense both Houses of Congress all operation and main- of the amount appropriated under this heading may be transferred to: (1) the Department of De- tenance expenditures for each individual gen- shall be reimbursed to ‘‘General operating ex- fense Family Housing Improvement Fund from eral or flag officer quarters for the prior fiscal penses’’ and ‘‘Medical administration’’ for nec- amounts appropriated for construction in ‘‘Fam- year. essary expenses in implementing those provi- ily Housing’’ accounts, to be merged with and to SEC. 125. None of the funds made available in sions authorized in the Omnibus Budget Rec- be available for the same purposes and for the this title may be transferred to any department, onciliation Act of 1990, and in the Veterans’ same period of time as amounts appropriated di- agency, or instrumentality of the United States Benefits Act of 1992 (38 U.S.C. chapters 51, 53, rectly to the Fund; or (2) the Department of De- Government, except pursuant to a transfer made and 55), the funding source for which is specifi- fense Military Unaccompanied Housing Im- by, or transfer authority provided in this Act, or cally provided as the ‘‘Compensation and pen- provement Fund from amounts appropriated for any other appropriations Act. sions’’ appropriation: Provided further, That construction of military unaccompanied housing SEC. 126. None of the funds made available in such sums as may be earned on an actual quali- in ‘‘Military Construction’’ accounts, to be this title under the heading ‘‘North Atlantic fying patient basis, shall be reimbursed to merged with and to be available for the same Treaty Organization Security Investment Pro- ‘‘Medical care collections fund’’ to augment the purposes and for the same period of time as gram’’, and no funds appropriated for any fiscal funding of individual medical facilities for nurs- amounts appropriated directly to the Fund: Pro- year before fiscal year 2006 for that program ing home care provided to pensioners as author- vided, That appropriations made available to that remain available for obligation, may be ob- ized. the Funds shall be available to cover the costs, ligated or expended for the conduct of studies of READJUSTMENT BENEFITS as defined in section 502(5) of the Congressional missile defense. For the payment of readjustment and rehabili- Budget Act of 1974, of direct loans or loan guar- SEC. 127. Amounts contained in the Ford Is- tation benefits to or on behalf of veterans as au- antees issued by the Department of Defense pur- land Improvement Account established by sub- thorized by law (38 U.S.C. chapters 21, 30, 31, suant to the provisions of subchapter IV of section (h) of section 2814 of title 10, United 34, 35, 36, 39, 51, 53, 55, and 61), $3,214,246,000, chapter 169, title 10, United States Code, per- States Code, are appropriated and shall be to remain available until expended: Provided, taining to alternative means of acquiring and available until expended for the purposes speci- That expenses for rehabilitation program serv- improving military family housing, military un- fied in subsection (i)(1) of such section or until ices and assistance which the Secretary is au- accompanied housing, and supporting facilities. transferred pursuant to subsection (i)(3) of such thorized to provide under section 3104(a) of title SEC. 121. None of the funds made available in section. 38, United States Code, other than under sub- this title may be obligated for Partnership for SEC. 128. None of the funds made available in section (a)(1), (2), (5), and (11) of that section, Peace Programs in the New Independent States this title, or in any Act making appropriations shall be charged to this account. of the former Soviet Union. for military construction which remain available VETERANS INSURANCE AND INDEMNITIES SEC. 122. (a) Not later than 60 days before for obligation, may be obligated or expended to For military and naval insurance, national issuing any solicitation for a contract with the carry out a military construction, land acquisi- service life insurance, servicemen’s indemnities, private sector for military family housing the tion, or family housing project at or for a mili- service-disabled veterans insurance, and vet- Secretary of the military department concerned tary installation approved for closure, or at a erans mortgage life insurance as authorized by shall submit to the Committees on Appropria- military installation for the purposes of sup- title 38, United States Code, chapter 19; 70 Stat. tions of both Houses of Congress the notice de- porting a function that has been approved for 887; 72 Stat. 487, $45,907,000, to remain available scribed in subsection (b). realignment to another installation, in 2005 until expended. (b)(1) A notice referred to in subsection (a) is under the Defense Base Closure and Realign- VETERANS HOUSING BENEFIT PROGRAM FUND a notice of any guarantee (including the making ment Act of 1990 (part A of title XXIX of Public PROGRAM ACCOUNT of mortgage or rental payments) proposed to be Law 101–510; 10 U.S.C. section 2687 note), unless (INCLUDING TRANSFER OF FUNDS) made by the Secretary to the private party the Secretary of Defense certifies that the cost to For the cost of direct and guaranteed loans, under the contract involved in the event of— the United States of carrying out such project such sums as may be necessary to carry out the (A) the closure or realignment of the installa- would be less than the cost to the United States program, as authorized by title 38, United States tion for which housing is provided under the of cancelling such project, or in the case of Code, chapter 37: Provided, That such costs, in- contract; projects having multi-agency use, that another cluding the cost of modifying such loans, shall (B) a reduction in force of units stationed at Government agency has indicated it will assume be as defined in section 502 of the Congressional such installation; or ownership of the completed project, and the Sec- Budget Act of 1974: Provided further, That dur- (C) the extended deployment overseas of units retary of Defense may not transfer funds made ing fiscal year 2006, within the resources avail- stationed at such installation. available for such a military construction able, not to exceed $500,000 in gross obligations (2) Each notice under this subsection shall project, land acquisition, or family housing for direct loans are authorized for specially specify the nature of the guarantee involved project to another account or use such funds for adapted housing loans.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 6333 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10344 CONGRESSIONAL RECORD — SENATE September 22, 2005 For administrative expenses to carry out the Secretary of Veterans Affairs may authorize the September 30, 2007, $412,000,000, plus reimburse- direct and guaranteed loan programs, dispensing of prescription drugs from Veterans ments, of which, not less than $15,000,000 shall $153,575,000, which may be transferred to and Health Administration facilities to enrolled vet- be used for Gulf War Illness research. merged with the appropriation for ‘‘General op- erans with privately written prescriptions based DEPARTMENTAL ADMINISTRATION erating expenses’’. on requirements established by the Secretary: GENERAL OPERATING EXPENSES VOCATIONAL REHABILITATION LOANS PROGRAM Provided further, That the implementation of For necessary operating expenses of the De- ACCOUNT the program described in the previous proviso partment of Veterans Affairs, not otherwise pro- (INCLUDING TRANSFER OF FUNDS) shall incur no additional cost to the Department of Veterans Affairs: Provided further, That for vided for, including administrative expenses in For the cost of direct loans, $53,000, as au- support of department-wide capital planning, thorized by title 38, United States Code, chapter the Department of Defense/Veterans Affairs Health Care Sharing Incentive Fund, as author- management and policy activities, uniforms or 31: Provided, That such costs, including the cost allowances therefore; not to exceed $25,000 for of modifying such loans, shall be as defined in ized by section 721 of Public Law 107–314, a min- imum of $15,000,000, to remain available until official reception and representation expenses; section 502 of the Congressional Budget Act of hire of passenger motor vehicles; and reimburse- 1974: Provided further, That funds made avail- expended, for any purpose authorized by title 38, United States Code, section 8111. ment of the General Services Administration for able under this heading are available to sub- security guard services, and the Department of MEDICAL ADMINISTRATION sidize gross obligations for the principal amount Defense for the cost of overseas employee mail, For necessary expenses in the administration of direct loans not to exceed $4,242,000. $1,418,827,000: Provided, That expenses for serv- of the medical, hospital, nursing home, domi- In addition, for administrative expenses nec- ices and assistance authorized under title 38, ciliary, construction, supply, and research ac- essary to carry out the direct loan program, United States Code, sections 3104(a)(1), (2), (5), tivities, as authorized by law; administrative ex- $305,000, which may be transferred to and and (11) that the Secretary of Veterans Affairs penses in support of capital policy activities; merged with the appropriation for ‘‘General op- determines are necessary to enable entitled vet- uniforms or allowances therefore, as authorized erating expenses’’. erans: (1) to the maximum extent feasible, to be- by sections 5901–5902 of title 5, United States NATIVE AMERICAN VETERAN HOUSING LOAN come employable and to obtain and maintain Code; and administrative and legal expenses of PROGRAM ACCOUNT suitable employment; or (2) to achieve maximum the Department of Veterans Affairs for col- (INCLUDING TRANSFER OF FUNDS) independence in daily living, shall be charged to lecting and recovering amounts owed the de- For administrative expenses to carry out the this account: Provided further, That the Vet- partment as authorized under chapter 17 of title direct loan program authorized by title 38, erans Benefits Administration shall be funded 38, United States Code, and the Federal Medical United States Code, chapter 37, subchapter V, at not less than $1,093,937,500: Provided further, Care Recovery Act (42 U.S.C. 2651 et seq.); $580,000, which may be transferred to and That of the funds made available under this $2,858,442,000, plus reimbursements, of which merged with the appropriation for ‘‘General op- heading, not to exceed $71,000,000 shall be avail- $250,000,000 shall be available until September erating expenses’’: Provided, That no new loans able for obligation until September 30, 2007. 30, 2007. in excess of $30,000,000 may be made in fiscal NATIONAL CEMETERY ADMINISTRATION year 2006. INFORMATION TECHNOLOGY For necessary expenses, $1,456,821,000 shall be For necessary expenses of the National Ceme- GUARANTEED TRANSITIONAL HOUSING LOANS FOR available for the Department of Veterans Affairs tery Administration for operations and mainte- HOMELESS VETERANS PROGRAM ACCOUNT Information Technology program: Provided, nance, not otherwise provided for, including For the administrative expenses to carry out That within 90 days of enactment of this Act, uniforms or allowances therefore; cemeterial ex- the guaranteed transitional housing loan pro- the Secretary of Veterans Affairs shall establish penses as authorized by law; purchase of one gram authorized by title 38, United States Code, an office for Information Technology (IT) with passenger motor vehicle for use in cemeterial op- chapter 37, subchapter VI, not to exceed $750,000 the authority and responsibility for all IT erations; and hire of passenger motor vehicles, of the amounts appropriated by this Act for projects: Provided further, That this office shall $156,447,000: Provided, That of the funds made ‘‘General operating expenses’’ and ‘‘Medical ad- report directly to the Deputy Secretary of Vet- available under this heading, not to exceed ministration’’ may be expended. erans Affairs: Provided further, That this new $7,800,000 shall be available until September 30, VETERANS HEALTH ADMINISTRATION organizational structure shall be subject to ap- 2007. MEDICAL SERVICES proval of the Committees on Appropriations in OFFICE OF INSPECTOR GENERAL (INCLUDING TRANSFER OF FUNDS) both Houses of Congress: Provided further, That For necessary expenses of the Office of In- For necessary expenses for furnishing, as au- within this amount, no more than $100,000,000 spector General in carrying out the provisions of thorized by law, inpatient and outpatient care from all sources shall be available for the the Inspector General Act of 1978, $70,174,000, to and treatment to beneficiaries of the Depart- HealtheVet project for fiscal year 2006: Provided remain available until September 30, 2007. ment of Veterans Affairs and veterans described further, That none of the funds made available CONSTRUCTION, MAJOR PROJECTS in paragraphs (1) through (8) of section 1705(a) for the HealtheVet project may be obligated For constructing, altering, extending and im- of title 38, United States Code, including care until such time that the Department of Veterans proving any of the facilities including parking and treatment in facilities not under the juris- Affairs creates a single position with the respon- projects under the jurisdiction or for the use of diction of the Department of Veterans Affairs sibility for and the authority to manage the en- the Department of Veterans Affairs, or for any and including medical supplies and equipment tire project, including budgetary authority: Pro- of the purposes set forth in sections 316, 2404, and salaries and expenses of healthcare employ- vided further, That none of the funds made 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 ees hired under title 38, United States Code, and available for the HealtheVet project may be obli- of title 38, United States Code, including plan- aid to State homes as authorized by section 1741 gated until the Committees on Appropriations in ning, architectural and engineering services, of title 38, United States Code; $23,308,011,000, both Houses of Congress approve a financial ex- maintenance or guarantee period services costs plus reimbursements, of which $1,977,000,000 are penditure plan for the entire project. associated with equipment guarantees provided designated as an emergency requirement pursu- MEDICAL FACILITIES under the project, services of claims analysts, ant to section 402 of House Concurrent Resolu- For necessary expenses for the maintenance offsite utility and storm drainage system con- tion 95 (109th Congress), the fiscal year 2006 and operation of hospitals, nursing homes, and struction costs, and site acquisition, where the budget resolution: Provided further, That of the domiciliary facilities and other necessary facili- estimated cost of a project is more than the emergency funds provided under this heading, ties for the Veterans Health Administration; for amount set forth in title 38, United States Code, the Department of Veterans Affairs shall submit administrative expenses in support of planning, section 8104(a)(3)(A) or where funds for a for approval by the Committees on Appropria- design, project management, real property ac- project were made available in a previous major tions of both Houses of Congress, a financial quisition and disposition, construction and ren- project appropriation, $607,100,000, to remain plan outlining how the emergency funds will be ovation of any facility under the jurisdiction or available until expended, of which $539,800,000 obligated: Provided further, That the Depart- for the use of the Department of Veterans Af- shall be for Capital Asset Realignment for En- ment of Veterans Affairs shall include these fairs; for oversight, engineering and architec- hanced Services (CARES) activities; and of emergency funds in their base request for the tural activities not charged to project costs; for which $2,500,000 shall be to make reimburse- fiscal year 2007 budget submission: Provided fur- repairing, altering, improving or providing fa- ments as provided in title 41, United States ther, That of the funds made available under cilities in the several hospitals and homes under Code, section 612 for claims paid for contract this heading, not to exceed $1,500,000,000 shall the jurisdiction of the Department of Veterans disputes: Provided, That except for advance be available until September 30, 2007: Provided Affairs, not otherwise provided for, either by planning activities, including needs assessments further, That notwithstanding any other provi- contract or by the hire of temporary employees which may or may not lead to capital invest- sion of law, the Secretary of Veterans Affairs and purchase of materials; for leases of facili- ments, and other capital asset management re- shall establish a priority for treatment for vet- ties; and for laundry and food services, lated activities, such as portfolio development erans who are service-connected disabled, lower $3,297,669,000, plus reimbursements, of which and management activities, and investment income, or have special needs: Provided further, $250,000,000 shall be available until September strategy studies funded through the advance That notwithstanding any other provision of 30, 2007. planning fund and the planning and design ac- law, the Secretary of Veterans Affairs shall give MEDICAL AND PROSTHETIC RESEARCH tivities funded through the design fund and priority funding for the provision of basic med- For necessary expenses in carrying out pro- CARES funds, including needs assessments ical benefits to veterans in enrollment priority grams of medical and prosthetic research and which may or may not lead to capital invest- groups 1 through 6: Provided further, That not- development as authorized by chapter 73 of title ments, none of the funds appropriated under withstanding any other provision of law, the 38, United States Code to remain available until this heading shall be used for any project which

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 6333 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10345 has not been approved by the Congress in the Houses of Congress the authority to make the 2006 which is properly allocable to the provision budgetary process: Provided further, That funds transfer and an approval is issued, or absent a of each insurance program and to the provision provided in this appropriation for fiscal year response, a period of 30 days has elapsed. of any total disability income insurance in- 2006, for each approved project (except those for (INCLUDING TRANSFER OF FUNDS) cluded in such insurance program. CARES activities referenced above) shall be obli- SEC. 202. Amounts made available for the Vet- SEC. 209. Notwithstanding any other provision gated: (1) by the awarding of a construction erans Health Administration for fiscal year 2006 of law and hereafter, the Department of Vet- documents contract by September 30, 2006; and under the ‘‘Medical services’’, ‘‘Medical admin- erans Affairs shall continue the Franchise Fund (2) by the awarding of a construction contract istration’’, ‘‘Information technology’’, and established by title I of Public Law 104–204. by September 30, 2007: Provided further, That ‘‘Medical facilities’’ accounts may be trans- SEC. 210. Amounts deducted from enhanced- the Secretary of Veterans Affairs shall promptly ferred between the mentioned accounts: Pro- use lease proceeds to reimburse an account for report in writing to the Committees on Appro- vided, That before a transfer may take place, expenses incurred by that account during a priations of both Houses of Congress any ap- the Secretary of Veterans Affairs shall request prior fiscal year for providing enhanced-use proved major construction project in which obli- from the Committees on Appropriations of both lease services, may be obligated during the fiscal gations are not incurred within the time limita- Houses of Congress the authority to make the year in which the proceeds are received. tions established above: Provided further, That transfer and an approval is issued, or absent a SEC. 211. Funds available in any Department none of the funds in this or any other Act may response, a period of 30 days has elapsed: Pro- of Veterans Affairs appropriation for fiscal year be used to modify or alter the mission, services vided further, That no transfer may be made out 2006 or funds for salaries and other administra- or infrastructure of the 18 facilities on the Cap- of the ‘‘Medical and Prosthetic Research’’ ac- tive expenses shall also be available to reimburse ital Asset Realignment for Enhanced Services count. the Office of Resolution Management and the (CARES) list requiring further study as specified SEC. 203. The Secretary of Veterans Affairs Office of Employment Discrimination Complaint by the Secretary of Veterans Affairs. shall submit to the Committees on Appropria- Adjudication for all services provided at rates CONSTRUCTION, MINOR PROJECTS tions in both Houses of Congress a quarterly re- which will recover actual costs but not exceed For constructing, altering, extending, and im- port on the financial status of the Veterans $29,758,000 for the Office of Resolution Manage- proving any of the facilities including parking Health Administration. This report shall con- ment and $3,059,000 for the Office of Employ- projects under the jurisdiction or for the use of tain, at a minimum, both planned and actual ment and Discrimination Complaint Adjudica- the Department of Veterans Affairs, including expenditure rates, unobligated balances, and tion: Provided, That payments may be made in planning and assessments of needs which may any potential financial shortfalls. advance for services to be furnished based on es- lead to capital investments, architectural and SEC. 204. No project for which funds have timated costs: Provided further, That amounts engineering services, maintenance or guarantee been appropriated in the ‘‘Construction, major received shall be credited to ‘‘General operating period services costs associated with equipment projects’’ account may be canceled or altered in expenses’’ for use by the office that provided the guarantees provided under the project, services scope by more than 10 percent in cost without service. of claims analysts, offsite utility and storm submitting a request to the Committees on Ap- SEC. 212. No appropriations in this Act for the drainage system construction costs, and site ac- propriations of both Houses of Congress and an Department of Veterans Affairs shall be avail- quisition, or for any of the purposes set forth in approval is issued, or absent a response, a pe- able to enter into any new lease of real property sections 316, 2404, 2406, 8102, 8103, 8106, 8108, riod of 30 days has elapsed. if the estimated annual rental is more than 8109, 8110, 8122, and 8162 of title 38, United SEC. 205. No appropriations in this Act for the $300,000 unless the Secretary of Veterans Affairs States Code, where the estimated cost of a Department of Veterans Affairs shall be avail- submits a report which the Committees on Ap- project is equal to or less than the amount set able for hospitalization or examination of any propriations in both Houses of Congress approve forth in title 38, United States Code, section persons (except beneficiaries entitled under the within 30 days following the date on which the 8104(a)(3)(A), $208,937,000, to remain available laws bestowing such benefits to veterans, and report is received. until expended, along with unobligated balances persons receiving such treatment under 5 U.S.C., SEC. 213. No funds of the Department of Vet- of previous ‘‘Construction, minor projects’’ ap- sections 7901–7904 or 42 U.S.C., sections 5141– erans Affairs shall be available for hospital propriations, of which $160,000,000 shall be for 5204), unless reimbursement of cost is made to care, nursing home care, or medical services pro- Capital Asset Realignment for Enhanced Serv- the ‘‘Medical services’’ account at such rates as vided to any person under chapter 17 of title 38, ices (CARES) activities: Provided, That from may be fixed by the Secretary of Veterans Af- United States Code, for a non-service-connected amounts appropriated under this heading, addi- fairs. disability described in section 1729(a)(2) of such tional amounts may be used for CARES activi- SEC. 206. Appropriations available to the De- title, unless that person has disclosed to the Sec- ties upon notification of and approval by the partment of Veterans Affairs for fiscal year 2006 retary of Veterans Affairs, in such form as the Committees on Appropriations of both Houses of for ‘‘Compensation and pensions’’, ‘‘Readjust- Secretary may require, current, accurate third- Congress: Provided further, That funds in this ment benefits’’, and ‘‘Veterans insurance and party reimbursement information for purposes of account shall be available for: (1) repairs to any indemnities’’ shall be available for payment of section 1729 of such title: Provided, That the of the nonmedical facilities under the jurisdic- prior year accrued obligations required to be re- Secretary may recover, in the same manner as tion or for the use of the Department of Vet- corded by law against the corresponding prior any other debt due the United States, the rea- erans Affairs which are necessary because of year accounts within the last quarter of fiscal sonable charges for such care or services from loss or damage caused by any natural disaster year 2005. any person who does not make such disclosure or catastrophe; and (2) temporary measures nec- SEC. 207. Appropriations accounts available to as required: Provided further, That any essary to prevent or to minimize further loss by the Department of Veterans Affairs for fiscal amounts so recovered for care or services pro- such causes. year 2006 shall be available to pay prior year ob- vided in a prior fiscal year may be obligated by GRANTS FOR CONSTRUCTION OF STATE EXTENDED ligations of corresponding prior year appropria- the Secretary during the fiscal year in which CARE FACILITIES tions accounts resulting from title X of the Com- amounts are received. For grants to assist States to acquire or con- petitive Equality Banking Act, Public Law 100– SEC. 214. Amounts made available under the struct State nursing home and domiciliary fa- 86, except that if such obligations are from trust ‘‘Medical services’’ account are available— cilities; and to remodel, modify or alter existing fund accounts they shall be payable from ‘‘Com- (1) for furnishing recreational facilities, sup- hospital, nursing home and domiciliary facilities pensation and pensions’’. plies, and equipment; and in State homes; and for furnishing care to vet- SEC. 208. Notwithstanding any other provision (2) for funeral expenses, burial expenses, and erans as authorized by title 38, United States of law, during fiscal year 2006, the Secretary of other expenses incidental to funerals and bur- Code, sections 8131–8137, $104,322,000, to remain Veterans Affairs shall, from the National Serv- ials for beneficiaries receiving care in the de- available until expended. ice Life Insurance Fund (38 U.S.C. 1920), the partment. (INCLUDING TRANSFER OF FUNDS) GRANTS FOR THE CONSTRUCTION OF STATE Veterans’ Special Life Insurance Fund (38 VETERANS CEMETERIES U.S.C. 1923), and the United States Government SEC. 215. Any appropriation for fiscal year For grants to aid States in establishing, ex- Life Insurance Fund (38 U.S.C. 1955), reimburse 2006 for the Veterans Benefits Administration panding, or improving State veterans cemeteries the ‘‘General operating expenses’’ account for made available under the heading ‘‘General op- as authorized by title 38, United States Code, the cost of administration of the insurance pro- erating expenses’’ may be transferred to the section 2408, $32,000,000, to remain available grams financed through those accounts: Pro- ‘‘Veterans Housing Benefit Program Fund Pro- until expended. vided, That reimbursement shall be made only gram Account’’ for the purpose of providing from the surplus earnings accumulated in an in- funds for the nationwide property management GENERAL PROVISIONS surance program in fiscal year 2006 that are contract if the administrative costs of such con- (INCLUDING TRANSFER OF FUNDS) available for dividends in that program after tract exceed $8,800,000 in the fiscal year. SEC. 201. Any appropriation for the Veterans claims have been paid and actuarially deter- SEC. 216. Notwithstanding any other provision Benefits Administration for fiscal year 2006 for mined reserves have been set aside: Provided of law, the Secretary of Veterans Affairs shall ‘‘Compensation and pensions’’, ‘‘Readjustment further, That if the cost of administration of an allow veterans eligible under existing Depart- benefits’’, and ‘‘Veterans insurance and indem- insurance program exceeds the amount of sur- ment of Veterans Affairs Medical Care require- nities’’ may be transferred as necessary to any plus earnings accumulated in that program, re- ments and who reside in Alaska to obtain med- other of the mentioned appropriations: Pro- imbursement shall be made only to the extent of ical care services from medical facilities sup- vided, That before a transfer may take place, such surplus earnings: Provided further, That ported by the Indian Health Services or tribal the Secretary of Veterans Affairs shall request the Secretary of Veterans Affairs shall deter- organizations. The Secretary shall: (1) limit the from the Committees on Appropriations of both mine the cost of administration for fiscal year application of this provision to rural Alaskan

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 6333 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10346 CONGRESSIONAL RECORD — SENATE September 22, 2005 veterans in areas where an existing Department $1,260,000 shall be available for the purpose of The second gap in the VA’s 2006 budg- of Veterans Affairs facility or Veterans Affairs- providing financial assistance as described, and et was a shortfall in VA’s health care contracted service is unavailable; (2) require in accordance with the process and reporting budget identified by the Secretary of participating veterans and facilities to comply procedures set forth, under this heading in Pub- with all appropriate rules and regulations, as lic Law 102–229. Veterans Affairs this summer. The bill established by the Secretary; (3) require this DEPARTMENT OF DEFENSE—CIVIL contains $1.977 billion requested by the provision to be consistent with Capital Asset Re- CEMETERIAL EXPENSES, ARMY administration in a budget amend- alignment for Enhanced Services Activities; and SALARIES AND EXPENSES ment. While Senator FEINSTEIN and I (4) result in no additional cost to the Depart- For necessary expenses, as authorized by law, have included the full amount re- ment of Veterans Affairs or the Indian Health for maintenance, operation, and improvement of quested, the bill designates this fund- Service. Arlington National Cemetery and Soldiers’ and (INCLUDING TRANSFER OF FUNDS) Airmen’s Home National Cemetery, including ing as an emergency appropriation. SEC. 217. Such sums as may be deposited to the purchase of two passenger motor vehicles for I would like to especially thank the the Department of Veterans Affairs Capital replacement only, and not to exceed $1,000 for subcommittee’s ranking member, Sen- Asset Fund pursuant to title 38, United States official reception and representation expenses, ator FEINSTEIN, for her efforts and co- Code, section 8118 may be transferred to the $28,550,000, to remain available until expended. ‘‘Construction, major projects’’ and ‘‘Construc- In addition, such sums as may be necessary for operation over the summer regarding tion, minor projects’’ accounts, to remain avail- parking maintenance, repairs and replacement, that particular critical issue. In addi- able until expended for the purposes of these ac- to be derived from the lease of Department of tion, I thank Senator LARRY CRAIG, counts. Defense Real Property for Defense Agencies ac- and Senator PATTY MURRAY, as well as SEC. 218. Notwithstanding any other provision count. Senator AKAKA for their help in solving of law, at the discretion of the Secretary of Vet- ARMED FORCES RETIREMENT HOME erans Affairs, proceeds or revenues derived from that problem that was looming as an ARMED FORCES RETIREMENT HOME emergency. And we all came to an enhanced-use leasing activities (including dis- For expenses necessary for the Armed Forces posal) may be deposited into the ‘‘Construction, Retirement Home to operate and maintain the agreement on a bipartisan basis that is major projects’’ and ‘‘Construction, minor Armed Forces Retirement Home—Washington, certainly worthy of our colleagues’ projects’’ accounts and be used for construction District of Columbia and the Armed Forces Re- support. We had part of it as an emer- (including site acquisition and disposition), al- tirement Home—Gulfport, Mississippi, to be paid gency, and we will finish what we need terations and improvements of any medical fa- from funds available in the Armed Forces Re- in the 2006 budget. cility under the jurisdiction or for the use of the tirement Home Trust Fund, $58,281,000, of which Department of Veterans Affairs. Such sums as $1,248,000 shall remain available until expended The bill recommends $23.3 billion for realized are in addition to the amount provided for construction and renovation of the physical the VA’s medical services account. for in ‘‘Construction, major projects’’ and ‘‘Con- plants at the Armed Forces Retirement Home— This funding level is $1.3 billion above struction, minor projects’’. Washington, District of Columbia and the EC. 219. None of the funds made available in the President’s request. Again, this S Armed Forces Retirement Home—Gulfport, Mis- this Act may be used to implement any policy was only possible with the extra alloca- sissippi. prohibiting the Directors of the Veterans Inte- This Act may be cited as the ‘‘Military Con- tion provided by the full committee grated Service Networks from conducting out- struction and Veterans Affairs, and Related chairman and ranking member. reach or marketing to enroll new veterans with- Agencies Appropriations Act, 2006’’. in their respective Networks. Amend the title so as to read: ‘‘An Act This bill recommends $412 million for (INCLUDING TRANSFER OF FUNDS) making appropriations for Military Con- medical and prosthetic research. The SEC. 220. That such sums as may be deposited struction and Veterans Affairs, and Related budget request for this account was $9 to the Medical Care Collections Fund pursuant Agencies for the fiscal year ending Sep- million below the fiscal year 2005 level. to section 1729A of title 38, United States Code, tember 30, 2006, and for other purposes.’’. The funding level in the bill increases may be transferred to the ‘‘Medical services’’ ac- Mrs. HUTCHISON. Mr. President, it this account above the fiscal year 2005 count, to remain available until expended for is my pleasure today to bring the fiscal the purposes of this account. year 2006 Military Construction, Vet- level by $19 million. SEC. 221. Appropriations available to the De- erans Affairs and related agencies bill We have specifically included funds partment of Veterans Affairs for fiscal year 2006 to the Senate for consideration. directed solely to research for gulf war for salaries and expenses shall be available for First, I would like to say that as a re- services authorized by title 5, United States illness syndrome. This is an area that I sult of Chairman COCHRAN and Senator Code, section 3109; hire of passenger motor vehi- feel very strongly committed to be- cles; lease of a facility or land or both; and uni- BYRD’s leadership, we received an in- cause so many of our veterans came forms or allowances therefor, as authorized by crease in our allocation from the very back from the first gulf war—one in title 5, United States Code, sections 5901–5902. beginning of this process of over $1.2 seven veterans who returned from that billion above the President’s request to TITLE III—RELATED AGENCIES war—with symptoms they had not ever AMERICAN BATTLE MONUMENTS assist the Department of Veterans Af- fairs. It was only through this increase had in their lives. I believe we were COMMISSION slow to recognize that, but we are now SALARIES AND EXPENSES that Senator FEINSTEIN and I were able to take care of our Nation’s veterans. putting greater emphasis on that—not For necessary expenses, not otherwise pro- only to treat those veterans but also to vided for, of the American Battle Monuments This bill stays within our 302(b) allo- Commission, including the acquisition of land or cation. It provides $12,116,611,000 for see what the cause is and prevent fu- interest in land in foreign countries; purchases military construction and ture members of our armed services and repair of uniforms for caretakers of na- $70,710,881,000 for the Department of from being susceptible to that kind of tional cemeteries and monuments outside of the Veterans Affairs and $157,126,000 for re- chemical warfare. This bill provides United States and its territories and possessions; lated agencies. full funding as requested for the VA’s rent of office and garage space in foreign coun- This bill bridges two significant fund- medical facilities account at $3.3 bil- tries; purchase (one for replacement only) and ing gaps in fiscal year 2006 for the De- hire of passenger motor vehicles; not to exceed lion, as well as new construction and partment of Veterans Affairs. This is a renovation of existing facilities at $607 $7,500 for official reception and representation total of $3.2 billion. expenses; and insurance of official motor vehi- First, the President’s budget request million and $209 million, respectively. cles in foreign countries, when required by law included two legislative proposals for The bill creates an account for the of such countries, $36,250,000, to remain avail- the VA’s health system that would VA information technology. This is a able until expended. have increased the copayments for pre- very important effort that will help FOREIGN CURRENCY FLUCTUATIONS scription drugs and instituted new en- achieve efficiencies in delivering care For necessary expenses, not otherwise pro- rollment fees, both of which were to be vided for, of the American Battle Monumnets to our veterans. We do not have the Commission, $15,250,000, to remain available paid for by veterans. Revenue esti- technology we need in our veterans until expended, for purposes authorized by title mates for these proposals were approxi- system to do what needs to be done on 36, United States Code, section 2109. mately $1.2 billion. The administration an efficient basis. This will reorganize reduced the VA’s budget request by UNITED STATES COURT OF APPEALS FOR the entire technology portfolio and this amount. This bill does not include VETERANS CLAIMS give Congress more oversight, as well. SALARIES AND EXPENSES either of those two legislative pro- For our Nation’s veterans compensa- For necessary expenses for the operation of posals, and instead the subcommittee the United States Court of Appeals for Veterans used all of its increased allocation to tion, pensions, and other benefit pro- Claims as authorized by title 38, United States cover the $1.2 billion difference for VA grams, we fully funded the administra- Code, sections 7251–7298, $18,795,000, of which health care. tion’s request of $36.8 billion. The bill

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10347 also provides sorely needed funds for HUTCHISON and I hope and pray it will jected shortfall in veterans health care. military construction with the impend- not bring another measure of devasta- This was originally disputed, but the ing return of troops. As a result of the tion on our coastal States. My heart authorizers found that the percentage current overseas rebasing effort, goes out to my chairman, Senator of increase in the planning model was BRAC, Army modularity, and the glob- HUTCHISON, to her people, our people, wrong. Therefore, additional moneys al war on terror, our service men and in the State of Texas. I hope we can were, in fact, needed. That was in addi- women are in a time of great trans- move this bill quickly so she can re- tion to the $1.5 billion in the 2005 sup- formation. It is important they have turn to Texas later today to help her plemental funding we were able to add facilities in place to enable the trans- constituents prepare for the onslaught to the 2006 Interior appropriations bill formation. of the storm. to make up the current shortfall in The bill, including the first phase of I want the Senator to know all on veterans health care funding. So it was funding for the BRAC 2005 round, this side wish you and your people God- a double effort because money was also should it be approved by Congress, adds speed. I hope it does not hit as hard as added on the Interior bill as well as on $1.5 billion. We have also included a it looks like it might. our bill. provision that facilitates congressional Mrs. HUTCHISON. Mr. President, let At a time of tight budget constraints oversight by requiring the Secretary of me say thank you for those kind words. and many competing needs, the Senate Defense to provide a spending plan be- I appreciate them. I know the Senator Committee on Appropriations dem- fore obligating any funds from this ac- from California has lived through some onstrated it stands united in support of count. very tough earthquakes. our veterans. I very much hope the full The bill also continues funding for We appreciate the response Congress Senate and the House will stand by our many important quality-of-life initia- is giving to the many needs of the vic- committee’s recommendation. tives, including 11 family housing pri- tims of Hurricane Katrina and possibly The bill before the Senate today to- vatization projects, and it increases those who will be in a similar situation tals $82.98 billion, of which $44 billion is Guard and Reserve funding more than from Rita. discretionary. For military construc- $295 million over the President’s re- Thank you very much. tion, the bill equals the budget request quest. Mrs. FEINSTEIN. We have watched of $12.116 billion, although we have re- For the related agencies under our with great pride the heroic actions of arranged some of the funding within jurisdiction, we include $51.5 million our Nation’s active and reserve mili- that request. for the American Battle Monument tary personnel as they have rushed to For the VA, the total amount appro- Commission, which is $1 million above respond to devastation caused by Hur- priated in this bill is $70.7 billion, in- its request, and $28.5 million for Ar- ricane Katrina. We have watched these cluding $34.1 billion in discretionary lington National Cemetery, which is same troops courageously carry out spending and $36.6 billion in mandatory $500,000 above their request. their missions in Iraq and Afghanistan. spending. This is $3.2 billion above the Our subcommittee has worked hard We ask so much of our military and President’s original budget proposal. to bring a fair and balanced bill. It we all recognize we can never ade- Even before we learned of the terrible warrants the support of our colleagues. quately repay our debt of gratitude to shortfalls in the VA budget, Chairman We could not have done this without them. That said, we as Senators have COCHRAN and Senator BYRD provided an the total cooperation of Senator FEIN- both the opportunity and the responsi- additional $1.26 billion to the sub- STEIN and her staff. We have always bility to ensure programs important to committee to cover shortcomings in worked together on a bipartisan basis. our military forces and our veterans the President’s budget request for the We always will on this subcommittee. are adequately funded. Department of Veterans Affairs. Sen- I yield the floor to my ranking mem- As Senator HUTCHISON has said, the ator HUTCHISON and I used that addi- ber, Senator FEINSTEIN. bill before the Senate today is a bipar- tional funding to restore proposed cuts The PRESIDING OFFICER. Under tisan effort to provide a portion of that to programs and to make up all the the previous order, the committee-re- funding for the infrastructure needs of savings assumed in the budget submis- ported substitute is agreed to as origi- our military and the health care and sion for proposed enrollment fees and nal text for the purpose of amendment, other needs of our veterans. increased pharmaceutical copayments, with no points of order waived. I want to emphasize the bipartisan as the chairman mentioned. (The committee amendment in the nature of this bill and to especially The Senate Committee on Appropria- nature of a substitute was agreed to.) commend the chairman, Senator tions unanimously rejected levying The PRESIDING OFFICER. The Sen- HUTCHISON, for her skill and her deter- these fees on our veterans and provided ator from California. mination—and she can be very deter- funding to ensure that the VA could Mrs. FEINSTEIN. Mr. President, I mined—in addressing the budgetary continue to provide service to all eligi- am very pleased to join my chairman, complications posed by merging the ble veterans. Senator HUTCHISON, in recommending massive and troubled budget of the VA The bill also provides essential fund- the 2006 Military Construction, Vet- into the military construction appro- ing for military construction, military erans Affairs, and related agencies ap- priations bill. family housing, and base realignment propriations bill to the Senate. I thank In that respect, when we had hear- and closure costs. Once again, Hurri- Senators COCHRAN and BYRD for their ings, it was interesting to see that Sen- cane Katrina has demonstrated the leadership and assistance in guiding ator CRAIG came, Senator AKAKA came, vital mission of the Guard and Reserve this bill through the committee and to Senator MURRAY came, the former au- forces to respond to disasters at home the floor. thorizers, as well as appropriators and the important backup role played I very much appreciate the support of when the VA was in another budget. by components of our Active-Duty our leaders in allowing us to take up I hope veterans all over the United Forces. this bill at this time before we have States recognize how deeply this Sen- As any experienced military member completed action on the Defense au- ate does care that the VA budget is will state, infrastructure is the key to thorization or appropriations bills. I adequately funded. It was a struggle, readiness. Our troops can’t train or de- recognize this is not the normal order but we got there and we got there to- ploy effectively without the infrastruc- of business. With the clock running and gether. That was thanks to the author- ture necessary to support their mis- a large amount of unfinished business izers and the appropriators and the sion. This bill provides important fund- facing the Senate, it is imperative we former appropriators, including my ing for military infrastructure needs, press on with these bills as quickly as friend Senator MIKULSKI, for working including family housing. As the chair- possible. closely with us. man mentioned in the privatization of With one disastrous hurricane behind This bill is notable in several re- a number of new projects, those needs us and another bearing down on Texas, gards. First, under the leadership of will only increase as a result of the im- we all recognize there is no time to Chairman COCHRAN and Senator BYRD, pact of Hurricane Katrina on a number dawdle. We face enormous challenges we were able to provide $1.977 billion in of facilities and installations in Mis- with these hurricanes. Both Senator emergency funding to address the pro- sissippi and Louisiana.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10348 CONGRESSIONAL RECORD — SENATE September 22, 2005 We must be prepared to meet those said they had to, they were calling the chairman has just said. In watching on emerging requirements and others we families of patients, explaining the op- television, one of the things that has may yet face, without slowing down tions and telling the families where the come through to me is the enormous the progress we are making toward ad- patients were being moved. Records sensitivity of our military toward peo- dressing the backlog of military con- were moved to safe locations. Emer- ple’s plights. What is coming back from struction requirements nationwide. I gency stockpiles of prescription drugs people is: Oh, they are treating us so suggest that a necessary place for some were routed to the areas where the pa- well. They really care. of this will be the next emergency sup- tients were going. It was truly a phe- I believe that is a real commendation plemental rather than, hopefully, nomenal success. Not one veteran who for the American military, thrown into amendments to this bill. was in the care of the Veterans’ Ad- a situation for which they are not nec- Finally, this bill includes necessary ministration was in any way harmed essarily trained. After all, they are funding to implement the 2005 base re- because of this evacuation and this trained for war fighting. They have alignment and closure process and to service. Every single veteran had medi- done amazingly. I think from the top, continue the environmental cleanup cation dispensed on time. Special ar- when General Honore went down—no from the previous BRAC rounds. This rangements were made to deliver ben- nonsense, ‘‘move that gun down’’— is very important to me. I thank the efit payments to those who did not there was no doubt who was in com- chairman for going along with it be- have an address or a bank where they mand. It was a true command presence cause the environmental cleanup needs were. and followed down through the ranks are far beyond those envisioned or Victims who were not veterans were in an amazing way. those budgeted. also helped. No one was denied medical So I just want to say thank you very Much of the remaining environ- treatment. VA doctors were there to much to each man and woman who is mental cleanup requirements is in my help everyone, and they did. This is due down there helping people go through home State of California. I am particu- to the professionalism of the Depart- some of the worst days of their lives. larly mindful of the need to finish this ment and the detailed prior planning. The PRESIDING OFFICER. The Sen- job. Senator HUTCHISON has strongly I can tell you the Department of Vet- ator from Texas. supported me in this effort. I appre- erans Affairs is now doing the exact Mrs. HUTCHISON. Mr. President, I ciate her concern that we fully fund en- same thing in the areas that are thank Senator FEINSTEIN for bringing vironmental cleanup of military instal- thought to be in the path of Hurricane that up because there are so many sto- lations closed under the BRAC process. Rita. They are beginning to evacuate ries. Again, I thank Chairman HUTCHISON the veterans who might be in harm’s I talked to the FEMA Director yes- for her steadfast leadership on this bill, way. They will continue to be ready to terday, and he has already gone to the and Chairman COCHRAN and Senator assure that all of our veterans on medi- Department of Defense to get a mobile BYRD for their unstinting support of cations will have those medications. I hospital pre-positioned in the area our Nation’s military members and commend Secretary Nicholson and all where Rita might come so we would veterans. I also thank, because we have of the professionals at the Department have a MASH unit ready to help people a great staff, Tammy Cameron, Sean of Veterans Affairs for stepping up to who might be injured. He has asked for Knowles, and Dennis Balkam on the the plate and taking care of our vet- helicopters, which he is going to get, majority, and Christina Evans, B.G. erans who are in these emergency situ- for evacuation and rescue missions. Wright, and Chad Schulken of my staff ations on the gulf coast today. I do think the military has really There is no question that all of us— for their professionalism and their ex- stepped up to the plate in Alabama, I happen to have been born in Gal- cellent work. Mississippi, and Louisiana. They are This is a good bill. I encourage all of veston. I have lived through hurri- ready to go and will be going to help my colleagues on the Democratic side, canes, and I know how devastating it the people of Texas where we think the can be to an area to be struck by a hur- in particular, to support it and to move brunt of this storm will hit. ricane. I was going to college when expeditiously to pass it. The other unsung heroes and hero- I yield the floor. Hurricane Carla struck, which was the ines of this plight are the men and The PRESIDING OFFICER. The Sen- largest hurricane we had ever had since women of the Coast Guard. The person ator from Texas. the 1900 storms in Galveston. It was a in charge from the Federal Govern- Mrs. HUTCHISON. Mr. President, I level 4. ment for the effort in Texas is going to Now we are looking at possibly a thank Senator FEINSTEIN. It is clear we be the admiral from the Coast Guard level 5. So I have a lot of friends and worked very well to address the needs because they have done an incredible family who are in the area who are just of veterans in our country and the job. Admiral Allen over in Louisiana is waiting to see what is going to happen. military construction needs of all the doing a wonderful job. And now we will And it takes something out of you, services in our country. I, too, thank have other Coast Guard personnel help- there is no question. her staff and my staff, Tammy Cam- But our veterans are going to be ing with the operation in Texas. eron, Dennis Balkam, and Sean taken care of. The people of America So I have been working in the last 24 Knowles, for working together to make who are in trouble are going to be hours with our State and local officials sure we do the very best job possible taken care of by our Federal, State, and our Federal officials to assure that and that we work together. and local communities that are all the resources are there. I am convinced I also add that I appreciate what Sen- working together to make sure that everything that can be done is being ator FEINSTEIN said about amendments when Americans are in need, Ameri- done and that if you can be prepared, to the bill. We are going to shortly pro- cans will be there to do our part to we are prepared. But we all know hur- pose a unanimous consent that gives a ease this pain. ricanes are unpredictable in many deadline for Members who may want to So thank you, Mr. President. I thank ways, and we are in for probably a do an amendment, but I hope no one my distinguished ranking member, tough time. We are up to it. We will will try for amendments related to Senator FEINSTEIN, for her concern. I make sure whatever can be done to Katrina or Rita because we will have commend our Secretary of Veterans ease the pain of people who are in another supplemental for those pur- Affairs for working with us through harm’s way will be done. poses and we would like to keep this many of the travails we have had to as- I thank the Senator so much for her bill in our 302(b) allocation. sure that our veterans get the care statement and the concern of all of my Speaking of Katrina and Rita, I com- they need and that our Active-Duty colleagues. Just as we have stated our mend the Department, especially, for military also have the military con- concern to our colleagues from Lou- the way they have handled the emer- struction for their quality of life. isiana and Mississippi and Alabama, gencies that have faced them. When The PRESIDING OFFICER (Mr. people now realize we have another Katrina was threatening the New Orle- CHAMBLISS). The Senator from Cali- State to add to the emergency needs of ans and Mississippi areas, they moved fornia. our country. I have no doubt everyone the patients out of harm’s way before Mrs. FEINSTEIN. If I may, Mr. Presi- will be there doing everything possible they were threatened. Before anyone dent, I very much concur with what my for my constituents in Texas.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10349 Mr. President, we are going to short- As chairman of the Veterans’ Affairs sources provided are responsible and ly propose a unanimous consent re- Committee, I have worked closely with adequate for the serving of America’s quest. I ask any of my colleagues who the chairman and the ranking member veterans. might have amendments to get down to of this subcommittee to assure that we I am privileged to serve on this sub- the floor immediately because we know have adequately funded the Veterans’ committee, to work with the chairman of no amendments other than a couple Administration. As our colleagues and ranking member to accomplish we have in the mix. Senator COBURN know—and certainly observers have this task. I also have the unique re- has one, and we have one from Senator known—we have had difficulty in effec- sponsibility of serving as chairman of FEINSTEIN for Senator CARPER and Sen- tive and responsible projections of the authorizing Committee on Vet- ator BIDEN. Those are the only ones we costs. As we have seen a ramping up of erans’ Affairs. I am pleased and proud have been informed would be here, and services to America’s veterans and as of the work we are doing, not only for we are going to dispatch those. the quality of veterans health care im- America’s veterans today but for those So I will ask for a quorum call so we proves, there has been a substantially who are soon to become America’s vet- can come back shortly for a unanimous greater number of veterans who have erans. The brave men and women serv- consent request. But if anyone is chosen to use the veterans health care ing us in the defense of our freedom in thinking of an amendment, I would ask system to provide for their needs. As a the war on terrorism in Iraq and Af- my colleagues to address it imme- result, H.R. 2528 provides $70.71 billion ghanistan are coming back. Many of diately. to the Department of Veterans Affairs, them will be requiring significant serv- Mr. President, I suggest the absence the highest amount of appropriated ices as they have been injured and of a quorum. dollars in the history of the Depart- found themselves in harm’s way. Of The PRESIDING OFFICER. The ment. Of this funding, $34.09 billion is course, that is our responsibility. We clerk will call the roll. discretionary funding, meaning spent will not back from it in any way. The legislative clerk proceeded to across the spectrum of veterans serv- America’s veterans or America’s serv- call the roll. ices, which is $1.26 billion above the ad- ing men and women soon to be vet- Mrs. HUTCHISON. Mr. President, I ministration’s request, and $23.32 bil- erans need to know that this Congress ask unanimous consent that the order lion is for medical services which is $1.3 has and will continue to address their for the quorum call be rescinded. billion above the administration’s re- needs in a responsible fashion, to serve The PRESIDING OFFICER. Without quest. Not only did the administration them as we appropriately must, some- objection, it is so ordered. come in at a higher number, but as the times having to draw priorities but rec- Mrs. HUTCHISON. Mr. President, we needs changed, Congress came in at an ognizing that those needing the care do have a couple of other amendments. even higher number. That speaks clear- are going to get the care, the kind that Senator DEWINE has put an amend- ly to our commitment to America’s is appropriate and responsible for ment in. But I am going to say that if veterans, as we have always responded America’s heroes, America’s veterans, we do not hear from anyone by 12:30, to their needs in what we believe to be and men and women currently serving we are going to prepare to go to third a direct, straightforward way. in the armed services. reading and set a timetable for the The overall budget of Veterans Af- I yield the floor and suggest the ab- vote. So I am just giving our colleagues fairs has risen $22.5 billion or 47.5 per- sence of a quorum. fair warning that at 12:30, we will lock cent, with average increases for all vet- The PRESIDING OFFICER. The in the third reading and the vote on erans at nearly 7.8 percent every year. clerk will call the roll. the Military Construction and Vet- I am talking about since the Bush ad- The assistant legislative clerk pro- erans Affairs and related agencies ap- ministration took office. These in- ceeded to call the roll. propriations bill. creases more than double the growth of Mr. CHAMBLISS. Mr. President, I Mr. President, I suggest the absence the entire Federal budget, which has ask unanimous consent the order for of a quorum. increased by 4.14 percent. I am talking the quorum call be rescinded. The PRESIDING OFFICER. The about the Department of Veterans Af- The PRESIDING OFFICER (Mr. MAR- clerk will call the roll. fairs. TINEZ). Without objection, it is so or- The legislative clerk proceeded to Anyone who says we are not meeting dered. call the roll. the obligation to America’s veterans Mr. CRAIG. Mr. President, I ask with unprecedented increases and in- Mr. CHAMBLISS. Mr. President, I unanimous consent that the order for creases that are substantially more ask I be allowed to proceed as in morn- the quorum call be rescinded. than in other areas of our Federal ing business. The PRESIDING OFFICER. Without budget simply hasn’t looked at the The PRESIDING OFFICER. Without objection, it is so ordered. numbers and the level of health care objection, it is so ordered. Mr. CRAIG. Mr. President, I appre- being provided. Health care funding HURRICANE KATRINA ciate the expeditious way our leader alone has grown by $10 billion, or 52 Mr. CHAMBLISS. Mr. President, I and the chairman of the Subcommittee percent, during the Bush administra- rise to express my heartfelt sympathy on Military Construction and Veterans tion. With that attention and response for the hundreds of thousands of Amer- Affairs, and Related Agencies has from the Congress and this President, icans who have been impacted and dis- brought this important appropriations VA has become a modern health care placed by Hurricane Katrina. Many bill to the floor. It is, in my opinion, system, described in recent national people will feel the effects of a natural without question, that we ought to try publications as the best health care disaster of this magnitude for years. to deal with all of our appropriations anywhere. Of course, that is exactly My thoughts and prayers are certainly bills this year, complete them individ- why we now see more veterans seeking with them all. ually, complete the total process. We veterans health care; it is not the There have been an awful lot of nega- have seen the difficult and confusing health care of last resort. It is the tive publicity and stories surrounding process of omnibus bills over the last health care of first choice. It is a mod- this natural disaster. But there also couple of years. Clearly, this Congress ern, quality delivery system all of us have been a number of positive activi- ought to demonstrate to the American can be proud of, not only because we ties that have taken place leading up taxpayer that we can conduct our are providing it but because it serves to Katrina’s arrival, during the storm budgeting and our appropriating proc- America’s heroes in a way that we feel itself, as well as in the aftermath. I ess in a reasonable and responsible an appropriate obligation to do so. would like to share some of those sto- fashion to move ahead. The chairman I thank Chairman HUTCHISON for the ries. of the subcommittee is urging us to work she has done, and the ranking Since Katrina made landfall on Au- come to the floor if we have amend- member, Senator FEINSTEIN, for their gust 29, 2005, public and private agen- ments and address them in a timely cooperative effort with us as we have cies have worked closely together to fashion, to see if we can complete work worked our way through this difficult survey the damage to Mississippi, Lou- on this appropriations bill today. I ap- funding process for veterans. The job is isiana, and Alabama. The hurricane af- preciate that. well done. The services and the re- fected the Port of New Orleans and the

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10350 CONGRESSIONAL RECORD — SENATE September 22, 2005 ports along the gulf coast and grain fa- Grain exporters, allied industries, response to Hurricane Katrina. With a cilities along the Mississippi River. Re- and multiple U.S., State and local gov- number of facilities damaged or with- ports estimate that the total damage ernment entities continue to work out electricity in the affected area, to the Port of New Orleans is approxi- around the clock under very chal- Coca-Cola and its bottlers immediately mately $1.6 billion, including damage lenging conditions to restore oper- began producing water and an assort- to two bridges and a lock. ations on the Mississippi River and the ment of beverages from other plants The Port of New Orleans is an eco- affected region. While normal oper- for donation to FEMA and other relief nomic asset to the City of New Orleans, ating conditions at these facilities are agencies, even as they attempted to contributing approximately $88 million not fully restored, many of the obsta- reach employees in the affected areas. to the city’s economy and $1.6 billion cles are being addressed successfully to Running short of bottles and cans to to the statewide economy of Louisiana have them operate at full capacity. deliver water and juice for children, in the year 2001 alone. According to the A common challenge for every com- Coca-Cola employees modified 2.5-gal- New Orleans Customs District, for the pany is making sure enough workers lon containers, which are normally period October 2004 through June 2005, can reach their facilities and have a used for syrup in restaurant fountain an 8-month period, the dollar value of warm bed and a hot meal. Elevator dispensers, and converted them to hold exports for bulk agricultural products workers, port workers, and USDA grain various beverages for shipment to is almost $1 billion going through New inspectors were displaced by the hurri- emergency shelters at the Astrodome Orleans. This is almost half of the bulk cane’s extensive damage or complete and other places in and around the af- product, by value, exported from the destruction to their homes—and they fected area. United States every year. In 2004, bulk also obeyed evacuation instructions. To date, Coca-Cola and its bottling amount was $25.6 billion. All of these people need housing and partners have shipped more than 30 As many of my colleagues are aware, the appropriate infrastructure in order million containers of filtered water, transportation on the Mississippi River to be able to return to work. juice, sport drinks, and other beverages is very important to our Nation’s farm- As the companies secure adequate to relief organizations, including the ers and is critical to keeping U.S. agri- housing and living quarters for the em- American Red Cross, Department of culture positioned and able to serve ployees and their families, the employ- Defense, FEMA and Mississippi Emer- U.S. markets for grain, oilseeds, and ees of the industry, the Port of New Or- gency Management Agency and food grain products shipped from New Orle- leans and other gulf coast ports can service partners such as Aramark. ans. The Mississippi gulf typically is more quickly get back to work to en- The Coca-Cola company and the responsible for about 71 percent of sure U.S. agriculture continues feeding Coca-Cola Bottlers Association com- corn, 65 percent of soybeans, and 22 the world. mitted $5 million to Hurricane Katrina percent of wheat exports. This system This is at a point in time during the relief. A major portion of the donations is one of the most important elements harvest of grains in the Midwest where went to the American Red Cross and in keeping U.S. grains and oilseeds, we are at our peak, and it is such a the Salvation Army, with $2 million particularly corn and soybeans, as well critical factor, not just for the city of being set aside to aid displaced Coca- Cola employees. as several other U.S. agriculture prod- New Orleans but for all of our grain Because of Georgia’s experience in ucts, competitive in the world mar- producers in the Midwest that put disasters and because of the expertise their grain on barges, ship them down kets. Of the 50.2 million metric tons ex- in mobile medical centers, Ben Hinson, the Mississippi River to the Port of ported from U.S. ports thus far in 2005, the owner of Mid Georgia Ambulance 29.7 million metric tons or 59 percent New Orleans and other gulf coast facili- Company was asked by the State of was exported from the Mississippi gulf. ties. Louisiana to coordinate all ambulance Export elevators in the Mississippi The private sector, the Department and paramedic services coming into gulf region range in storage capacities of Agriculture, the Army Corps of En- the State. from 2 million to more than 7 million gineers, and the Coast Guard are dili- Within 2 days of Hurricane Katrina bushels each. These facilities have a gently working to restore the gulf making landfall, Ben was on the rated vessel loading capacity generally coast ports to full capacity in a timely ground delivering medical services and ranging from 60,000 to 100,000 bushels manner. Congress will continue to pro- coordinating response teams from all per hour. vide these agencies the resources and over the country. His company along As chairman of the Committee on the private sector the ability they need with other Georgia ambulance services Agriculture, my staff has been in touch to do so. would eventually send 20 ambulances with all of the major U.S. grain export- I am confident that the United and 50 paramedic crews to help in the ers following Katrina’s aftermath mov- States will continue to be a reliable relief efforts. ing north. The grain export industry supplier to the international commu- Ben and his son, Shay, now manage and the industry’s supporting transpor- nity of grain. I commend the tireless over 600 paramedics and nearly 400 am- tation infrastructure affected by this efforts of the U.S. Government agen- bulances, a number that is growing disaster committed early on to resume cies, NAEGA, NGFA, and the compa- every day as more States and localities operations as soon as possible. Through nies involved in resuming operations of continue to mobilize. Mid Georgia Am- continued perseverance, the National the Port of New Orleans, the ports bulance is also working side by side Grain and Feed Association, NGFA, along the gulf coast and grain facilities with Navy medical teams in St. Bar- and the North American Export Grain along the Mississippi River. nard Parish providing triage and pri- Association, NAEGA, which represents There continue to be many great sto- mary medical care to survivors. those business that handle 70 percent ries of other individuals and companies Home Depot is another company of the U.S. grain and oilseed crop, have contributing and sacrificing time, which is passionate about helping its prioritized the recovery operations of money, and even their safety to help neighbors and communities during the grain export infrastructure in this the victims of Katrina. In my home times of need. Home Depot responded region. State of Georgia, many folks are volun- with unwavering support to help Lou- Due to the accomplishments of the teering in evacuee shelters, contrib- isiana, Mississippi, Alabama and Flor- private sector, as of today, the grain uting food, clothes, and money. Some ida residents recover from this catas- export elevators are operating at a are even housing evacuees. Companies trophe. storage capacity in excess of 84 percent and their employees are joining the ef- One of Home Depot’s policies during in New Orleans. Moreover, the Federal fort as well. such emergencies is to freeze prices on agencies, especially the U.S. Army The marquee company of my home all hurricane commodities to assure Corps of Engineers and the U.S. Coast State is Coca-Cola. Coca-Cola, its that no price gouging can take place. Guard, have made this possible because bottlers, and their employees are doing Home Depot also established a 24–7 of the cooperation between the private their part to assist the victims of hurricane command center to support sector and the lessees of the port facili- Katrina. Coca-Cola had its incident efforts to restore operations in the ties, such as Cargill and ADM and management team in place prior to the field. Home Depot relocated 950 associ- other grain brokerage companies. storm making land to coordinate its ates to work in affected stores while

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10351 impacted associates focus on the needs of antibiotics and maintenance medica- Mr. AKAKA. Mr. President, I ask of their families and homes. They tions for chronic diseases such as dia- unanimous consent that reading of the raised credit limits on its consumer betes, heart disease, high blood pres- amendment be dispensed with. credit cards and extended special offers sure, pain and anxiety, just to name a The PRESIDING OFFICER. Without to customers in the affected areas. few. Also included are IVs, insulin sy- objection, it is so ordered. They dispatched Loss Prevention per- ringes, and basic pharmaceuticals. The amendment is as follows: sonnel and uniformed guards to ensure CDC has deployed 246 professionals to (Purpose: To provide an additional $10,000,000 the safety of customers and associates the field. Specialties include nursing, for the Readjustment Counseling Service, in affected and surrounding stores and epidemiology, sanitation, occupational with a corresponding offset from the temporary support centers. safety, disease surveillance, and risk HealtheVet account) The Home Depot understands that its communication. On page 76, line 22, strike ‘‘$23,308,011,000’’ employees are the most important CDC is helping to vaccinate thou- and insert ‘‘$23,318,011,000’’. sands of children at evacuation cen- On page 77, line 1, insert ‘‘$109,000,000 shall company asset and many were disaster be available for the Readjustment Coun- victims themselves. To create a sup- ters’ and CDC experts are helping to or- seling Service: Provided further, That’’ after port network for short-term financial ganize, implement, and assess the evac- ‘‘this heading,’’. assistance to help ensure the safety of uation centers’ vaccination program. On page 78, line 22, strike ‘‘$1,456,821,000’’ each associate and their families, CDC has been focusing on food-borne, and insert ‘‘$1,446,821,000’’. Home Depot provided more than $1.2 water-borne, and insect-borne infec- On page 79, line 7, strike ‘‘$100,000,000’’ and million through 1,350 grants to workers tious disease outbreaks as well as insert ‘‘$90,000,000’’. impacted by Hurricane Katrina. checking water quality, restoring crit- Mr. AKAKA. Mr. President, this They also set up a toll-free disaster ical laboratory functions and rebuild- amendment would plus-up the Read- assistance line for affected associates. ing public health and laboratory infra- justment Counseling Service’s funding The hotline helps associates find tem- structures. by $10 million. RCS is the arm of VA porary housing, provides transfers to Many evacuees in Louisiana, Mis- that operates the Vet Centers that other store locations and contacts sissippi, and Alabama lost their per- many of us know so well. Vet Centers mortgage and credit card companies to sonal health records. These needs are have traditionally provided needed temporarily suspend payments, among being addressed through existing im- counseling services to veterans of the other services. munization systems. Vietnam War in community-based set- The Home Depot has donated $1.5 In Louisiana alone, CDC estimated tings for over two decades. million to support immediate relief that 8,300 queries were made to the Now, in the midst of Operations Iraqi and recovery efforts by relief organiza- Louisiana Immunization Network for Freedom and Enduring Freedom, the tions including $400,000 to the Amer- Kids statewide—LINKS—regarding vac- mission of the Vet Centers has been ex- ican Red Cross and Salvation Army, cination histories for kids that were panded to include outreach and coun- and $600,000 to support long-term re- evacuated. CDC is using LINKS to de- seling for service members, including building and volunteerism efforts. termine health records of children and members of the Guard and Reserve, The Home Depot Foundation donated providing immunizations for those in who are returning from these conflicts. $500,000 to community development or- need and for those with no proof of By providing the Vet Centers with an ganizations that rebuild low- to mod- health records. additional $10 million in funding, VA erate-income housing in affected areas. A story of human interest: Liz would be able to hire additional profes- With the help of its vendor partners, O’Mara surveys a shelter in Jackson, sional family therapists at Vet Centers the Home Depot has provided and MS. A CDC public health advisor, she nationwide to provide services to fam- shipped nearly $1.25 million in in-kind spent her second week of marriage on a ily members of veterans deeply af- product donations including genera- cot in a conference room with 10 men fected by their service in combat. The tors, gloves, flashlights and batteries, ‘‘who snored!’’ But she says: readjustment period can be difficult for floodlights, food, cleaning supplies and It is an honorable experience to play a the entire family. linens. This effort by Home Depot will small part of a State and local response ef- We have all heard the statistics continue until the cleanup process is fort. We—Strategic National Stockpile—are emerging from the groups that have al- not here as individuals, but as a team. We completed. ready come back from OIF and OEF. rely on each other’s commitment to their Families and marriages have suffered Georgia’s own Center for Disease specific responsibilities and expertise as a Control has directed much of its re- synchronized unit, or we simply would not be due to rough transitions, and many sources toward providing both imme- very successful assisting with State and have resulted in divorce. diate help to the victims’ day-to-day local needs. These additional funds would also health needs, as well as the long-term I am proud of the efforts that Geor- augment Vet Centers in underserved difficulties of containing the spread of gians, as well as all Americans are rural communities and would expand disease and infection. doing to help those who are suffering the capacity for these centers to pro- CDC positioned personnel on the from Hurricane Katrina. We owe them vide readjustment services to those ground in Louisiana prior to the storm a great deal of gratitude. veterans who may struggle with ob- making land. Thank you, Mr. President. taining access because they live in a Dr. Julie Gerberding, CDC Director, I yield the floor and I suggest the ab- remote area. has asked the CDC Foundation to acti- sence of a quorum. Surviving family members of those vate its Emergency Preparedness and The PRESIDING OFFICER. The servicemen who paid the ultimate Response Fund, created after 9/11 to clerk will call the roll. price, will be able to find solace provide flexible and immediate re- The legislative clerk proceeded to through the Vet Center’s bereavement sources for CDC to use in a public call the roll. counseling program. Vet Centers would health emergency. Mr. AKAKA. Mr. President, I ask be able to hire more bereavement coun- Dr. Gerberding has also activated the unanimous consent that the order for selors to provide counseling for those CDC state-of-the-art Bernie Marcus the quorum call be rescinded. who must endure the pain of losing a Emergency Operations Center to sup- The PRESIDING OFFICER (Mr. ISAK- family member in combat. port the Department of Health and SON). Without objection, it is so or- Finally, I point out that in his testi- Human Services as a coordinating hub dered. mony to the Committee on Veterans’ for the hurricane response. AMENDMENT NO. 1852 Affairs this past June, VA Secretary Public health scientists, relief work- Mr. AKAKA. Mr. President, I call up Nicholson stated that only $8 million ers, and medical supplies as well as en- my amendment No. 1852. would be required for additional serv- vironmental and medical test samples The PRESIDING OFFICER. The ices that were already being imple- have been on the flights to and from clerk will report. mented by the Vet Center program, the affected areas. The legislative clerk read as follows: such as providing additional outreach As of today, September 22, the CDC The Senator from Hawaii [Mr. AKAKA] pro- workers. We need to make sure that has sent hundreds of thousands of doses poses an amendment numbered 1852. these services are secure by providing

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10352 CONGRESSIONAL RECORD — SENATE September 22, 2005 the funds necessary to implement We know that the warm North Atlantic Changes in climate and weather pat- them. The requested amount would do water that is flowing into the Arctic Ocean terns are not isolated events. They are that and go even a bit further to sup- is an important factor in warming the Arctic part of a long-range historic trend or port this invaluable program. Ocean. The intensity of this flow occurs in trends. One cannot arrive at sound con- pulses, some of which are driven by cyclical Mr. President, I ask for support of changes known as the North Atlantic Oscil- clusions about the causes by observing this amendment, knowing how impor- lation. the changes which occur in their own tant it is today for our veterans, and In addition, the sun has been putting more lifetime. Reliable conclusions can only look forward to its adoption. energy out during the last 100 years, which is be reached by sound science and the I yield back the remainder of my estimated to be equivalent to a 0.2° C in- type of research being conducted by Dr. time. crease (not the greenhouse effect!), one third Akasofu and his staff. ° Mr. President, I suggest the absence of the 0.6 C, which has been determined to We must not substitute our own cas- be the official estimate of global warming ual judgment for sound science. This of a quorum. during the last 100 years. The PRESIDING OFFICER. The Added to such long-term trends, there are will only lead to confusion. And Dr. clerk will call the roll. multi-decadal and interannual fluctuations. Akasofu warned that: The legislative clerk proceeded to Three years ago, Europe suffered from an in- The danger from such confusion and call the roll. tense heat wave. One can easily see that it hysteria may be even greater than from Mr. STEVENS. Mr. President, I ask was not due to the greenhouse effect, since global warming itself. unanimous consent that the order for uncommonly hot summers in Europe did not The effects of global climate change make the headlines either last year or this are real. Regardless of the cause, the quorum call be rescinded. year. The PRESIDING OFFICER. Without Likewise, it has been said that the number changes are underway in the Arctic re- objection, it is so ordered. of hurricanes is increasing, however, there is gions, including Alaska, and we must The Senator from Alaska. no clear indication of it. These are inter- deal with these effects. But we must GLOBAL CLIMATE CHANGE annual fluctuations. also allow the scientists to reach sci- In addition to actual temperature changes, entifically based conclusions on what Mr. STEVENS. Mr. President, in Au- there are other issues to consider. One such gust, the voice of the Anchorage Times is causing this phenomenon. case is that many recent disasters have been The basic problem we face is distin- printed an article authored by my good attributed to the greenhouse effect without friend Dr. Syun-Ichi Akasofu. Dr. scientific proof; this includes the great guishing between natural causes and Akasofu is the director of the Inter- floods in Bangladesh and India in recent human impact. The Commerce Com- national Arctic Research Center in years. mittee’s Subcommittee on Global Cli- Fairbanks. He is one of the world’s These floods may partly be due to massive mate Change, chaired by Senator VIT- deforestation in these countries, to which TER and cochaired by Senator LAUTEN- leading experts on Arctic science and some people must be held responsible. On the global climate change. BERG, held a hearing on global climate other hand, by saying it is due to the green- change policy in July. During that Given the interest some of our col- house effect, I am afraid that they are hiding leagues have recently shown on this behind the greenhouse catastrophic scenario. hearing, I asked Dr. James Mahoney, subject, I ask unanimous consent that The danger from such confusion and hysteria Assistant Secretary of Commerce for Dr. Akasofu’s article be printed in the may be even greater than from global warm- Oceans and Atmosphere, about the sit- RECORD. ing itself. uation and he told me: There being no objection, the mate- In this respect, the reduction of CO2 re- Sometimes there are . . . political argu- lease must be based on a carefully assessed rial was ordered to be printed in the ments that want to go in one extreme or the scientific ground, not the catastrophic sce- other. The scientific argument is much more RECORD, as follows: nario. The United States spends more than complicated in the middle. [From the Voice of the Times, Aug. 23, 2005] any other country on climate change re- Figuring out what is really hap- ALASKA GLACIERS RECEDING SINCE 1800 search—$5 billion next year. We should ad- dress the impacts of climate change while al- pening in the Arctic will be very im- (By Dr. Syun-Ichi Akasofu) lowing scientists to continue their work on portant to answering the overall ques- Few can argue that the earth’s tempera- the true causes of these changes. Let’s base tion of global climate change, and I am ture is not changing—especially in Alaska. our policy decisions on sound science—not dedicated to pursuing this. As far as However, before we create fundamental pol- hysteria. the United States is concerned, the evi- icy changes, let’s keep everything in con- text. Mr. STEVENS. Mr. President, I trust dence of global climate change is more Our work at the International Arctic Re- Dr. Akasofu’s research and opinions. apparent in Alaska than anywhere else. search Center and that of many other sci- He has published more than 550 articles We should prepare for its effects, but I entists has produced significant findings. and is the author or coauthor of 10 want to seek sound science before we One thing we do know is that there is no de- books. His work has shown that he is enact policies aimed at its causes. finitive scientific proof that all of the an expert in Arctic research. It has We have created two subcommittees present global warming is attributable to hu- shown that while there is little doubt in the Commerce Committee that deal mans, or caused by the greenhouse effect. the Earth’s temperature is changing, in some way with global climate Natural changes are also important factors change, and we will continue in our to consider. there is still much debate about what First, the Ice Age was only an average of 6° is causing this change. committee to address this issue. But I C cooler than today. There is permafrost in In his article, Dr. Akasofu says that think it is very dangerous to make, as Alaska and Siberia, which is the product of the: Dr. Mahoney called them, the ‘‘polit- the Ice Age. The fact that it still exists and [One] thing we do know is that there is no ical arguments.’’ We must follow is still thawing is partly due to the fact that definitive scientific proof that all of the science on this issue, and I commend the Ice Age has not concluded yet. The present global warming is attributable to hu- Dr. Akasofu for leading those efforts. present warming must partly be due to the mans, or caused by the greenhouse effect. Mr. President, I thank the chair. I recovery from the Ice Age. Some of the changes we are seeing yield the floor. Alaska glaciers have been receding since are the most recent stage in a historic 1800, before greenhouse gases increased sig- I suggest the absence of a quorum. nificantly after the Little Ice Age. Portage evolution. In Alaska, our glaciers have The assistant legislative clerk pro- Glacier has been receding from about 1890 or been receding since 1800, long before ceeded to call the roll. earlier (the earliest record). the advent of the so-called greenhouse Mrs. HUTCHISON. I ask unanimous Additionally, we cannot scientifically ex- gases. consent that the order for the quorum plain the complicated way the Arctic sea ice In the past 100 years, the Sun has call be rescinded. along the Alaska Arctic coast and other been giving off additional energy, The PRESIDING OFFICER. Without areas such as Siberia are receding. We do which is likely responsible for one- objection, it is so ordered. know that the resulting open sea allows for third of the .6-degree Celsius increase Mrs. HUTCHISON. Mr. President, we the development of intense cyclones that in global temperature. And there is have a series of amendments that have cause serious coastal erosion in Alaska and elsewhere. It cannot be concluded that this now the so-called Atlantic and Pacific been cleared on both sides, and I ask is a result of the greenhouse effect. oscillation that may be dumping more unanimous consent that the pending Two other factors to consider are the heat, that is, warm ocean water, into amendments be temporarily set aside North Atlantic Oscillation and solar output. the Arctic Ocean. so that I could send these amendments

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10353 individually to the desk for their con- SEC. 130. Of the amount appropriated by or housing assisted under Federal housing sideration. this title under the heading ‘‘MILITARY CON- assistance programs; The PRESIDING OFFICER. Is there STRUCTION, AIR NATIONAL GUARD’’ and avail- (8) a summary description of the special objection? Without objection, it is so able for planning and design, $1,440,000 shall considerations made for veterans under— ordered. be available for planning and design for a re- (A) public housing plans submitted under placement C–130 maintenance hangar at Air section 5A of the United States Housing Act AMENDMENT NO. 1858 National Guard New Castle County Airport, of 1937 (42 U.S.C. 1437c-1); and Mrs. HUTCHISON. On behalf of Sen- Delaware. (B) comprehensive housing affordability ator COBURN, I send an amendment to Mrs. HUTCHISON. I urge its adop- strategies submitted under section 105 of the the desk and ask for its consideration. tion. Cranston-Gonzalez National Affordable The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Housing Act (42 U.S.C. 12705); objection, the clerk will report the (9) the extent to which public housing au- question is on agreeing to the amend- amendment. thorities have established preferences for The assistant legislative clerk read ment. veterans for public housing and housing as follows: The amendment (No. 1859) was agreed choice vouchers; to. (10) the number of homeless veterans pro- The Senator from Texas [Mrs. HUTCHISON], vided assistance, cumulatively and cur- for Mr. COBURN, proposes an amendment Mrs. HUTCHISON. I move to recon- numbered 1858. sider the vote. rently, under the program of housing choice Mrs. FEINSTEIN. I move to lay that vouchers for homeless veterans under section Mrs. HUTCHISON. I ask unanimous 8(o)(19) of the United States Housing Act of consent that reading of the amendment motion on the table. The motion to lay on the table was 1937 (42. U.S.C. 1437f(o)(19)), and the current be dispensed with. status of the program, including— The PRESIDING OFFICER. Without agreed to. (A) the number of vouchers the Depart- objection, it is so ordered. AMENDMENT NO. 1860 ment of Housing and Urban Development The amendment is as follows: Mrs. HUTCHISON. I send an amend- currently allocates to the Department of (Purpose: To require that any limitation, di- ment to the desk on behalf of Senator Veterans Affairs; rective, or earmarking contained in either BOXER and ask for its immediate con- (B) the monetary value of such vouchers; the House of Representatives or Senate re- sideration. and port accompanying this bill be included in The PRESIDING OFFICER. The (C) the names and locations of VA medical the conference report or joint statement centers receiving such vouchers; and clerk will report the amendment. (11) a description of activities relating to accompanying the bill in order to be con- The assistant legislative clerk read sidered as having been approved by both veterans of the Department of Housing and Houses of Congress) as follows: Urban Development. At the appropriate place, insert the fol- The Senator from Texas [Mrs. HUTCHISON], (b) ACQUISITION OF SUPPORTING INFORMA- lowing: for Mrs. BOXER, proposes an amendment TION.—In carrying out the study under this SEC. . Any limitation, directive, or ear- numbered 1860. section, the Comptroller General shall seek marking contained in either the House of Mrs. HUTCHISON. I ask unanimous to obtain views from the following persons: Representatives or Senate report accom- consent that reading of the amendment (1) The Secretary of Housing and Urban panying H.R. 2528 shall also be included in Development. be dispensed with. (2) The Secretary of Veterans Affairs. the conference report or joint statement ac- The PRESIDING OFFICER. Without companying H.R. 2528 in order to be consid- (3) Low-income, very low-income, and ex- ered as having been approved by both Houses objection, it is so ordered. tremely low-income veterans. of Congress. The amendment is as follows: (4) Representatives of State and local hous- Mrs. HUTCHISON. I urge adoption of (Purpose: To require a report on housing ing assistance agencies. the amendment. assistance to low-income veterans) (5) Representatives of nonprofit low-in- On page 93, between lines 20 and 21, insert come housing providers and homeless service The PRESIDING OFFICER. The providers, including homeless veteran serv- question is on agreeing to the amend- the following: SEC. 222. REPORT ON HOUSING ASSISTANCE TO ice providers. ment. (6) National advocacy organizations con- The amendment (No. 1858) was agreed LOW-INCOME VETERANS. (a) IN GENERAL.—The Comptroller General cerned with veterans, homelessness, and low- to. shall conduct a study on housing assistance income housing. Mrs. HUTCHISON. I move to recon- to low-income veterans, including— (c) TIMING OF REPORT.—Not later than 6 sider the vote. (1) an estimate of the number of low-in- months after the date of enactment of this Mrs. FEINSTEIN. I move to lay that come, very low-income, and extremely low- Act, the Comptroller General shall submit to motion on the table. income veteran households; Congress a report on the study conducted The motion to lay on the table was (2) a description of the demographic and under this section. agreed to. socioeconomic characteristics and health Mrs. HUTCHISON. I urge its adop- AMENDMENT NO. 1859 and disability status of such households; tion. Mrs. HUTCHISON. I send an amend- (3) an estimate of the number of such The PRESIDING OFFICER. The ment to the desk on behalf of Senator households experiencing a high cost burden question is on agreeing to the amend- in, overcrowding in, or poor quality of hous- CARPER and ask for its immediate con- ment. ing, or experiencing homelessness; The amendment (No. 1860) was agreed sideration. (4) an assessment of such households, in- The PRESIDING OFFICER. The cluding their current barriers to safe, qual- to. clerk will report. ity, and affordable housing and levels of Mrs. HUTCHISON. I move to recon- The assistant legislative clerk read homelessness among such households; sider the vote. as follows: (5) the extent to which Federal housing as- Mrs. FEINSTEIN. I move to lay that The Senator from Texas [Mrs. HUTCHISON], sistance programs provide benefits, includ- motion on the table. for Mr. CARPER, proposes an amendment ing supportive services, to all veteran house- The motion to lay on the table was numbered 1859. holds and in particular to low-income, very agreed to. Mrs. HUTCHISON. I ask unanimous low-income, and extremely-low income vet- AMENDMENT NO. 1861 consent that reading of the amendment eran households; Mrs. HUTCHISON. I send an amend- (6) the number of units designated for or be dispensed with. occupied by veterans and low-income, very ment to the desk on behalf of Senator The PRESIDING OFFICER. Without low-income, and extremely low-income vet- ISAKSON and Senator CHAMBLISS and objection, it is so ordered. erans in Federally subsidized or insured ask for its immediate consideration. The amendment is as follows: housing; The PRESIDING OFFICER. The (Purpose: To provide that, of the amount (7) a summary description of the manner in clerk will report the amendment. made available by title I for military con- which veteran compensation, veteran de- The assistant legislative clerk read struction for the Air National Guard and pendency and indemnity compensation, and as follows: available for planning and design, $1,440,000 veteran pension are considered as income or The Senator from Texas [Mrs. HUTCHISON], shall be made available for planning and adjusted income for purposes of deter- design for a replacement C–130 mainte- for Mr. ISAKSON and Mr. CHAMBLISS, proposes mining— an amendment numbered 1861. nance hangar at Air National Guard New (A) eligibility for Federal housing assist- Castle County Airport, Delaware) ance programs; and Mrs. HUTCHISON. I ask unanimous On page 72, between lines 13 and 14, insert (B) the amount of rent paid by a veteran consent that the reading of the amend- the following: household for occupancy of a dwelling unit ment be dispensed with.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10354 CONGRESSIONAL RECORD — SENATE September 22, 2005 The PRESIDING OFFICER. Without The assistant legislative clerk read (2) for the implementation of Rec- objection, it is so ordered. as follows: ommendation 3 of VA Inspector General Re- port No. 05–00765–137 or any related review The amendment is as follows: The Senator from Texas [Mrs. HUTCHISON], and investigation of post-traumatic stress (Purpose: To provide that, of the amount ap- for Mr. FEINGOLD, proposes an amendment disorder unemployability and 100 schedular propriated by this title under the heading numbered 1863. percent ratings cases, until the Department ‘‘MILITARY CONSTRUCTION, ARMY’’, Mrs. HUTCHISON. I ask unanimous of Veterans Affairs reports to the Committee $4,550,000 shall be made available for the consent that reading of the amendment on Appropriations on its plan for imple- construction of a military police complex be dispensed with. menting this recommendation, and outlines at Fort Gordon, Georgia, and to provide an the staffing and funding requirements. offset) The PRESIDING OFFICER. Without objection, it is so ordered. On page 72, between lines 13 and 14, insert Mrs. HUTCHISON. I urge its adop- the following: The amendment is as follows: tion. SEC. 130. (a) Of the amount appropriated by (Purpose: To require the Secretary of Vet- The PRESIDING OFFICER. The this title under the heading ‘‘MILITARY CON- erans Affairs to report to Congress on a question is on agreeing to the amend- STRUCTION, ARMY’’, $4,550,000 shall be made plan to provide veterans benefits hand- ment. available for the construction of a military books to all county veterans service offi- The amendment (No. 1864) was agreed police complex at Fort Gordon, Georgia. cers) to. (b) The amount appropriated by this title On page 93, between lines 20 and 21, insert Mrs. HUTCHISON. I move to recon- under the heading ‘‘MILITARY CONSTRUCTION, the following: sider the vote. ARMY’’ and available for Fort Gillem, Geor- SEC. 222. (a) Not later than 60 days after Mrs. FEINSTEIN. I move to lay that gia, is hereby decreased by $4,550,000. the date of enactment of this Act, the Sec- motion on the table. Mrs. HUTCHISON. I urge its adop- retary of Veterans Affairs, after consultation The motion to lay on the table was with the National Association of County tion. agreed to. The PRESIDING OFFICER. The Veterans Service Officers, other veterans AMENDMENT NO. 1865 question is on agreeing to the amend- service organizations, and State Depart- ments of Veterans Affairs shall submit a re- Mrs. HUTCHISON. I send an amend- ment. port to the committee on Appropriation of ment to the desk on behalf of Senator The amendment (No. 1861) was agreed the Senate that describes a plan (including DURBIN and Senator MURRAY and ask to. estimated costs) to provide an adequate sup- for its immediate consideration. AMENDMENT NO. 1862 ply of the 2006 edition of handbook entitled, The PRESIDING OFFICER. The Federal Benefits for Veterans and Depend- Mrs. HUTCHISON. I send an amend- clerk will report the amendment. ment to the desk on behalf of Senator ents, and all subsequent editions, to all county veterans service officers in the The assistant legislative clerk read FEINSTEIN and ask for its immediate United States. as follows: consideration. The Senator from Texas [Mrs. HUTCHISON], The PRESIDING OFFICER. The Mrs. HUTCHISON. I urge its adop- tion. for Mr. DURBIN and Mrs. MURRAY, proposes clerk will report the amendment. an amendment numbered 1865. The PRESIDING OFFICER. The The assistant legislative clerk read Mrs. HUTCHISON. I ask unanimous as follows: question is on agreeing to the amend- ment. consent that the reading of the amend- The Senator from Texas [Mrs. HUTCHISON], ment be dispensed with. for Mrs. FEINSTEIN, proposes an amendment The amendment (No. 1863) was agreed to. The PRESIDING OFFICER. Without numbered 1862. objection, it is so ordered. Mrs. HUTCHISON. I ask unanimous Mrs. HUTCHISON. I move to recon- sider the vote. The amendment is as follows: consent that the reading be dispensed (Purpose: To instruct the Department of with. Mrs. FEINSTEIN. I move to lay that motion on the table. Veterans Affairs to conduct a veterans dis- The PRESIDING OFFICER. Without ability compensation information cam- objection, it is so ordered. AMENDMENT NO. 1864 paign) The amendment is as follows: Mrs. HUTCHISON. I send an amend- On page 81, line 2, insert ‘‘The VA shall (Purpose: To increase by $25,000,000 the ment to the desk on behalf of Senator conduct an information campaign in States amount made available by title I for the DURBIN and ask for its consideration. with an average annual disability compensa- Department of Defense Base Closure Ac- The PRESIDING OFFICER. The tion payment of less than $7,300 (according count 1990, and to provide an offset) clerk will report the amendment. to the report issued by the Department of Veterans Affairs Office of Inspector General On page 72, between lines 13 and 14, insert The assistant legislative clerk read on May 19, 2005), to inform all veterans re- the following: as follows: ceiving disability compensation, by direct SEC. 130. (a) The amount appropriated by The Senator from Texas [Mr. HUTCHISON], mail, of the history of below average dis- this title under the heading ‘‘DEPARTMENT OF for Mr. DURBIN, proposes an amendment ability compensation payments to veterans DEFENSE BASE CLOSURE ACCOUNT 1990’’ is numbered 1864. hereby increased by $25,000,000. in such States, and to provide all veterans in (b) The amount appropriated by this title Mrs. HUTCHISON. I ask unanimous each such State, through broadcast or print advertising, with the aforementioned histor- under the heading ‘‘DEPARTMENT OF DEFENSE consent that reading of the amendment ical information and instructions for submit- BASE CLOSURE ACCOUNT 2005’’ is hereby de- be dispensed with. creased by $25,000,000. The PRESIDING OFFICER. Without ting new claims and requesting review of past disability claims and ratings: Provided Mrs. HUTCHISON. I urge its adop- objection, it is so ordered. further,’’ after ‘‘Provided,’’. The amendment is as follows: tion. Mrs. HUTCHISON. I urge its adop- The PRESIDING OFFICER. The (Purpose: To place conditions on the use of tion. appropriated funds for reviewing or revok- question is on agreeing to the amend- The PRESIDING OFFICER. The ment. ing approved disability claims for post- traumatic stress disorder and to prohibit question is on agreeing to the amend- The amendment (No. 1862) was agreed ment. to. the Secretary of Veterans Affairs from using Federal funds for certain investiga- The amendment (No. 1865) was agreed Mrs. HUTCHISON. I move to recon- tions until after the submission of a de- to. sider the vote. tailed implementation plan to the Com- Mrs. HUTCHISON. I move to recon- Mrs. FEINSTEIN. I move to lay that mittee on Appropriations) sider the vote. motion on the table. On page 93, between lines 20 and 21, insert Mrs. FEINSTEIN. I move to lay that The motion to lay on the table was the following: motion on the table. agreed to. SEC. 222. None of the funds made available The motion to lay on the table was AMENDMENT NO. 1863 in this Act or any other Act may be used— agreed to. Mrs. HUTCHISON. I send an amend- (1) to revoke or reduce a veteran’s dis- Mrs. HUTCHISON. I suggest the ab- ment to the desk on behalf of Senator ability compensation for post-traumatic stress disorder based on a finding that the sence of a quorum. FEINGOLD and ask for its immediate Department of Veterans Affairs failed to col- The PRESIDING OFFICER. The consideration. lect justifying documentation unless such clerk will call the roll. The PRESIDING OFFICER. The failure was the direct result of fraud by the The legislative clerk proceeded to clerk will report. applicant; or call the roll.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10355 Mrs. HUTCHISON. I ask unanimous SALAZAR be added as the original co- These are steps in the right direction consent that the order for the quorum sponsor of the Feingold amendment which might help correct a decades- call be rescinded. that was just passed by consent. long history of unequal treatment; a The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without decades-long pattern of under-com- objection, it is so ordered. objection, it is so ordered. pensated veterans; a decades-long in- AMENDMENT NO. 1866 AMENDMENT NO. 1865 justice. Mrs. HUTCHISON. I send an amend- Mr. DURBIN. Mr. President, I am Unfortunately, veterans can’t ask for ment to the desk on behalf of Senator pleased to offer with Senator OBAMA what they don’t know about. JEFFORDS and ask for its consideration. this amendment to the Veterans appro- The purpose of our amendment is to The PRESIDING OFFICER. The priation bill. Our amendment will in- set aside some funds which will allow clerk will report the amendment. form America’s most under-com- the VA to conduct an information cam- The assistant legislative clerk read pensated disabled veterans about how paign to inform veterans of this past as follows: they may have their claims reviewed. history of unequal treatment and The Senator from Texas [Mrs. HUTCHISON], Americans have a fundamental dedi- under-compensation and to notify for Mr. JEFFORDS, proposes an amendment cation to fairness. No matter what a them of how they can have their case numbered 1866. person’s background, class, religion, reviewed for possible correction. Mrs. HUTCHISON. I ask unanimous race or other difference, everyone de- The Secretary of Veterans Affairs consent that the reading of the amend- serves to be treated equally under the made a commitment to making the sit- ment be dispensed with. law. uation right. The PRESIDING OFFICER. Without When we hear about unequal treat- Here is what the Secretary said: objection, it is so ordered. ment, our basic sense of justice as We are committed to doing what is right The amendment is as follows: Americans is shocked. We are perhaps for our veterans. If that entails that we have doubly shocked when we hear of un- to set up a special operation here in Illinois (Purpose: To provide clinical training and to review your claims or to look at new protocols to meet the mental health care equal treatment of disabled veterans. We would expect that disabled vet- claims that you as an eligible veteran want needs of servicemembers and veterans) to make, we will do that. We want each of On page 93, between lines 20 and 21, insert erans will receive differing levels of you to feel that you have been treated fairly the following: disability compensation based on the and equitably by your VA, because you de- SEC. 222. CLINICAL TRAINING AND PROTOCOLS. degree and type of their disability, but serve that. (a) FINDINGS.—Congress finds that— we do not expect to see the average The past is past, but as I have been charged (1) the Iraq War Clinician Guide has tre- amount paid to disabled veterans to by both of these Senators, the future is now, mendous value; and vary greatly from State to State. and we are going to make a special effort to (2) the Secretary of Defense and the Na- Unfortunately, the truth is that the see if we can have you feel sure that you tional Center on Post Traumatic Stress Dis- average amount paid to disabled vet- have been treated fairly and equitably by the order should continue to work together to erans across this country varies wide- VA so that you will have a chance if you so ensure that the mental health care needs of choose to have a review of that, or you can ly. bring the new information to us, and we will servicemembers and veterans are met. The May 19, 2005 Review of State (b) COLLABORATION.—The National Center make every effort to see that that is re- on Post Traumatic Stress Disorder shall col- Variances in VA Disability Compensa- viewed, and reviewed fairly and equitably for laborate with the Secretary of Defense— tion Payments released by the Depart- you. (1) to enhance the clinical skills of mili- ment of Veterans Affairs Office of In- Later at that meeting, the Secretary tary clinicians through training, treatment spector General confirms media reports promised to provide the staff to get protocols, web-based interventions, and the that ‘‘variances in annual disability this done. He said: development of evidence-based interven- compensation by State have existed for tions; and . . . If we need more people here, we’re decades.’’ The average annual dis- going to get them. And as I said when I (2) to promote pre-deployment resilience ability compensation payment in the and post-deployment readjustment among spoke earlier, it looks like we could make a servicemembers serving in Operation Iraqi highest State is $12,004 per year. In the special effort for you to come in and have a Freedom and Operation Enduring Freedom. lowest State it is only $6,961. review or come in with a new claim, and we’re going to have people there to process it (c) TRAINING.—The National Center on Post The State with the lowest average Traumatic Stress Disorder shall work with compensation is my own state of Illi- and do it just as timely as we can. the Secretary of Defense to ensure that clini- nois. Recently, those additional disability cians in the Department of Defense are pro- The report from the Inspector Gen- rating specialists arrived to augment vided with the training and protocols devel- eral of the Department of Veterans Af- the existing staff at the Chicago re- oped pursuant to subsection (b)(1). fairs acknowledges that, in addition to gional office so that claims can be re- Mrs. HUTCHISON. I urge its adop- demographic factors, inconsistency in viewed more thoroughly and more tion. VA rating decisions is one of the major quickly. The PRESIDING OFFICER. The causes of this disparity. A major rea- Now the final step is for the VA to in- question is on agreeing to the amend- son for inconsistent decisions is the form veterans that, while they have in- ment. shortage of rating specialists in the VA deed been under-compensated and The amendment (No. 1866) was agreed offices reviewing the claims. The re- short-changed for decades, help is now to. view’s survey of VA rating specialists available to them. Mrs. HUTCHISON. I move to recon- revealed that most of them do not be- The amendment which we have of- sider the vote. lieve the regional offices have suffi- fered requires the Department of Vet- Mrs. FEINSTEIN. I move to lay that cient rating staff. erans Affairs to conduct an informa- motion on the table. On May 20, the day after the release tion campaign in those States where The motion to lay on the table was of the report, Senator OBAMA and I the average annual disability com- agreed to. hosted a Veterans Town Hall Meeting pensation payment made to veterans is Mrs. HUTCHISON. I suggest the ab- in Chicago. We invited the Secretary of less than $7,300. According to the In- sence of a quorum. Veterans Affairs to join us so that he spector General’s report of May 19, The PRESIDING OFFICER. The could help explain to the veterans of 2005, there were six ‘‘low cluster’’ clerk will call the roll. our State how they had been so short- States below this level of average dis- The assistant legislative clerk pro- changed and so under-compensated for ability payment. Those States were Il- ceeded to call the roll. so long and—more importantly what he linois, New Jersey, Ohio, Connecticut, Mrs. HUTCHISON. Mr. President, I was going to do about it. Michigan and Indiana. The intent of ask unanimous consent the order for To the Secretary’s credit he stepped this measure is to inform veterans of the quorum call be rescinded. up to the plate. He promised a special the past history of below-average dis- The PRESIDING OFFICER. Without operation to review new claims as well ability compensation payments in objection, it is so ordered. as old ones and he committed to pro- these States. It is also intended to pro- Mrs. HUTCHISON. Mr. President, I viding the additional staff to get this vide these veterans with information ask unanimous consent that Senator done. on how to request a review of past

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10356 CONGRESSIONAL RECORD — SENATE September 22, 2005 claims and ratings and how to submit accounts to cover the gap well before I yield the floor. new claims as the Secretary has prom- they let Congressional appropriators AMENDMENT NO. 1867 ised. The campaign would include and authorizers know. The earlier that Mrs. HUTCHISON. Mr. President, I mailed notifications to all veterans in Congress finds out about a problem, send an amendment to the desk on be- these States who are currently receiv- the more we can be partners in finding half of Senator SALAZAR and ask for its ing disability compensation. The a solution. immediate consideration. amendment also requires the Depart- Senators AKAKA, DURBIN, and I have The PRESIDING OFFICER. The ment to disseminate this information asked GAO to investigate the VA’s clerk will report the amendment. through broadcast and print advertise- budget and actuarial process. My first The legislative clerk read as follows: ments in order to educate any veterans amendment also would require the VA The Senator from Texas [Mrs. HUTCHISON], whose past claims may have been im- to do its own internal review and come for Mr. SALAZAR, proposes an amendment properly denied. up with a plan to improve the budget numbered 1867. The deliberate sharing of this infor- process to compliment this investiga- Mrs. HUTCHISON. I ask unanimous mation with our most under-com- tion. consent the reading of the amendment pensated disabled veterans will help My second amendment, No. 1868, be dispensed with. provide them with an opportunity to would address a problem that was The PRESIDING OFFICER. Without have their case reviewed and perhaps brought to my attention during a field objection, it is so ordered. at long last to receive the compensa- hearing I held in Colorado on rural vet- The amendment is as follows: tion to which they are entitled. erans issues in August. (Purpose: To require a report on any Depart- I yield the floor Veterans in rural areas are in poorer ment of Veterans Affairs budget shortfall AMENDMENTS NOS. 1867 AND 1868 health than their urban counterparts. totaling 2 percent or more of the Depart- Mr. SALAZAR. Mr. President, I rise A 2004 study found that rural veterans ment’s total discretionary funding budget to discuss two amendments to the Mili- scored worse than urban veterans both for a fiscal year) tary Construction and Veterans Affairs in overall health and mental health. On page 93, between lines 20 and 21, insert appropriations bill. Because of the distance and difficulties the following: My first amendment No. 1867, is an in obtaining care, many rural veterans SEC. 222. (a) The Secretary of Veterans Af- put off preventive as well as necessary fairs shall immediately submit to the Com- attempt to avoid the budget fiasco we mittees on Veterans’ Affairs and Appropria- faced earlier this year. treatment, which results in poorer tions of the Senate and the House of Rep- We are working on an appropriations health and ultimately increased health resentatives a report on any Department of bill for a Department of Veterans Af- costs. Veterans Affairs budget shortfall totaling 2 fairs that is under a cloud. The VA is Almost every Senator in this body percent or more of the Department’s total under a cloud because earlier this year, has heard similar stories, but I will tell discretionary funding budget for a fiscal it announced a $1.27 billion budget def- one. Veterans in northwestern Colo- year. icit. rado who have to drive as many as 360 (b) The Secretary of Veterans Affairs shall, miles round trip through winding not later than 180 days after the date of the This news came as a surprise to mil- enactment of this Act, submit to the Com- lions of veterans across the country mountain roads to reach the VA Med- mittees on Veterans’ Affairs and Appropria- and was completely unexpected by ical Center in Grand Junction. This is tions of the Senate and the House of Rep- Members of Congress. a grueling trip that takes an economic resentatives a comprehensive plan to im- In fact, the news of this gigantic and physical toll on our veterans and prove long-term budget planning and actu- shortfall came, not from an official an- leads many to not seek care. arial forecasting at the Department of Vet- nouncement, but by accident, during a Community-based outpatient clinics erans Affairs. routine budget meeting with congres- can be the most cost-effective way to Mrs. HUTCHISON. I urge its adop- sional staffers. This was a billion-dol- reach veterans and ensure they get the tion. lar blindside that never should have ongoing primary healthcare they need The PRESIDING OFFICER. The happened, and that should never hap- to stay healthy, and ward off expensive question is on agreeing to the amend- pen again. complications that come from lack of ment. I commend Senators KAY BAILEY early treatment. The amendment (No. 1867) was agreed HUTCHISON and DIANE FEINSTEIN as well Despite this, the VA’s prioritization to. as Senators CRAIG and AKAKA for their methodology used to identify new clin- Mrs. HUTCHISON. Mr. President, I leadership in speeding additional fund- ic locations hurts rural veterans dis- move to reconsider the vote. ing to fill the gap this year. proportionately. Mrs. FEINSTEIN. I move to lay that I also commend them for their great Because of its emphasis on reaching motion on the table. work in this appropriations bill and in the largest number of veterans in a The motion to lay on the table was their subcommittee report to make cost-effective way, the VA’s clinic agreed to. sure that this kind of budget fiasco planning process is geared to urban and Mrs. HUTCHISON. I suggest the ab- does not happen again. suburban areas, where there are the sence of a quorum. Specifically the requirement in this largest numbers of veterans. The PRESIDING OFFICER. The bill that VA make quarterly budget re- The Capital Asset Realignment for clerk will call the roll. ports to Congress makes good sense. Enhanced Services, CARES, Commis- The legislative clerk proceeded to My amendment would build on that sion asked VA to address this issue, call the roll. obligation and require the VA to notify and the VA has taken some important Mr. CRAIG. Mr. President, I ask Congress immediately, if at any point steps forward. However, at my hearing, unanimous consent the order for the in the year, they discover that the De- VA officials told me that current poli- quorum call be rescinded. partment may face a budget shortfall cies still heavily favor urban areas, and The PRESIDING OFFICER. Without totaling 2 percent or more of the VA’s were precluding the building of addi- objection, it is so ordered. discretionary budget. It also would re- tional rural clinics. AMENDMENT NO. 1868 quire VA to come up with a plan to im- In too many rural corners of this Mr. CRAIG. Mr. President, I send to prove its actuarial and long-term budg- country, there are isolated pockets of the desk an amendment numbered 1868 et planning. veterans who do not have enough ac- on behalf of Senator SALAZAR. I ask for This amendment just makes common cess to VA care. I believe that we need its immediate consideration. sense. Throughout the year, the VA is additional outpatient clinics in rural The PRESIDING OFFICER. Without constantly receiving new data on en- America. For too long, tight budgets objection, the pending amendment is rollment, utilization, and medical and bad priorities have slowed the set aside. The clerk will report the costs. building of new clinics across the coun- amendment. The VA knew for some time that it try. My amendment would take a small The legislative clerk read as follows: faced higher than expected enrollment step to giving the VA the authority to The Senator from Idaho [Mr. CRAIG], for of returning Iraq veterans. The VA was expand access to health care in rural Mr. SALAZAR, proposes an amendment num- shifting money between administrative areas. bered 1868.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10357 Mr. CRAIG. I ask unanimous consent service just this year and that is an in- critical areas but still remaining very the reading of the amendment be dis- crease of almost 15 percent in its budg- important. pensed with. et. I see the Senator is on the floor to The PRESIDING OFFICER. Without I agree the Veterans Readjustment speak to his amendment. I yield the objection, it is so ordered. Counseling Service does great work. floor. The amendment is as follows: They have taken on some additional The PRESIDING OFFICER (Mr. (Purpose: To assist rural veterans) roles, including the Global War on Ter- COLEMAN). The Senator from Hawaii. On page 93, between lines 20 and 21, insert rorism Outreach Program, but this bill Mr. AKAKA. Mr. President, I will the following: already provides a generous $4 million speak on this amendment. I tell our SEC. 222. (a) In conducting advanced plan- increase for this function and more colleagues Senator CRAIG and I work ning activities under this Act, the Secretary broadly provides over $3 billion for vet- very well together, and we will still of Veterans Affairs shall reevaluate Veterans erans health care programs. work well together with the Veterans’ Health Administration Handbook 1006.1 and I understand the Senator from Ha- Administration. other guidance and procedures related to My amendment is to meet the needs planning, activating, staffing, and maintain- waii would like to focus some attention on this program with his amendment, that are there now. This amendment ing community-based outpatient clinics. takes $10 million from VA information (b) In conducting such planning, the Sec- but I would say to my colleagues that retary shall— I believe the administration and the technology—specifically from a trou- (1) revise as appropriate existing policies Senate Veterans Affairs’ Committee, bled Health-E-Vet Migration Program. to make them less disadvantageous to rural which I chair, has already focused the So this is an offset to the $10 million. IT is critically important. We know veterans; and necessary needed additional attention that. As ranking member of the Com- (2) reexamine criteria used in planning, ac- on mental health and the counseling tivating, staffing, and maintaining such clin- mittee on Veterans’ Affairs, I am quite needed for our returning service mem- ics, including geographic access, number of familiar with VA’s electronic medical bers. We have also dialoged very di- Priority 1-6 veterans, market penetration, record. VA is making use of the best rectly with the Veterans’ Administra- cost effectiveness, and distance to parent fa- technology out there. We saw how good cilities, to determine whether such criteria tion and at this time they feel they are the electronic medical record was fol- are weighted in a manner that negatively af- adequately funded. lowing Hurricane Katrina when VA fects rural veterans. The bill I sponsored, S. 1182, which providers were able to access medical The PRESIDING OFFICER. Is there was just reported to the floor from the records of evacuees. This amendment further debate? The question is on Veterans’ Committee, contains numer- would not impinge upon that critical agreeing to the amendment. ous provisions to increase and provide program. I am also quite familiar with The amendment (No. 1868) was agreed access to mental health and counseling a failed computer program called to. services. VA could hire marriage and CORE-F.L.S., which was abandoned Mrs. FEINSTEIN. Mr. President, I family therapists as well as licensed after its failure at Big Pines VA Med- move to reconsider the vote. medical health care counselors. Mr. CRAIG. I move to lay that mo- Further, VA is directed to work on ical Center in Florida. To be sure, this tion on the table. improving access to telehealth initia- $300 million contract failed because of The motion to lay on the table was tives in our Vet Center Program, which lax project management. I want to make perfectly sure that agreed to. VA has expressed a desire to do. the Health-E-Vet is on the right track. Mr. CRAIG. Mr. President, I ask Finally, I oppose the amendment be- As recently as February of this year, unanimous consent that at 3:10 today, cause it would further reduce VA’s in- VA hired Carnegie Mellon to assess the Senate proceed to a vote on or in formation technology budget, which I this Health-E-Vet Program. Carnegie relation to Akaka amendment No. 1852, think is critical. VA has made tremen- Mellon found that VA did not ‘‘have with no amendments in order to the dous strides in improving its IT pro- the needed staff or procedures for a amendment prior to that vote; pro- grams. It has made some errors, but large-scale system integration vided further that no other amend- clearly the benefits are outweighing project.’’ ments be in order to the bill and that the mistakes, in my opinion, in most In the meantime, PTSD and mental following disposition of the Akaka instances. health needs of returning soldiers are amendment, H.R. 2528 be read for a This bill places conditions on VA’s absolutely critical. Vet centers are third time and the Senate proceed to a access to its IT money to ensure it is most likely the VA entity which will vote on passage with no intervening ac- well spent and properly managed. But be first accessed by a returning soldier. tion or debate; provided further that at the end of the day, they must con- History tells us that returning soldiers following the vote the Senate insist on tinue to move forward and make need- are more likely to seek treatment at a its amendments, request a conference ed improvements to their IT program, storefront vet center rather than a VA with the House, and the Chair be au- and the money in this bill is critical to hospital or clinic. thorized to appoint conferees on the making sure they do that. I also remind my colleagues that if It is for all of these reasons, regret- part of the Senate. we reach returning soldiers with less I finally ask unanimous consent that fully, that I stand to oppose Senator serious readjustment issues, we might there be 2 minutes equally divided for AKAKA’s amendment. As I said, we are be able to stave off the more debili- debate prior to passage. putting substantially more money into tating PTSD. This is a simple choice The PRESIDING OFFICER. Without counseling and veterans readjustment that we make at this time. objection, it is so ordered. counseling services. I thank my chairman for his com- Mr. CRAIG. Mr. President, Senator We understand from where the Sen- ments. AKAKA is en route to the floor to make ator speaks. We appreciate it. Clearly, Mr. President, I ask unanimous con- some final comments on his amend- he and I and all of us who look more sent to add Senator JEFFORDS and Sen- ment prior to the vote. With that in closely at veterans programs recognize ator KERRY as cosponsors of my mind, and that vote occurring at 3:10, I the need for counseling for many of our amendment. will take 5 minutes or less to debate in veterans when they return. It is a high The PRESIDING OFFICER. Without opposition to the Akaka amendment. I priority of this chairman; it is a high objection, it is so ordered. do this with great difficulty because priority of the ranking member. It is Mr. AKAKA. Thank you very much. I the Senator is proposing additional my opinion that with the additional yield the floor. funding in an area that we have al- $3.2 billion—new dollars—in the vet- Mr. FEINGOLD. Mr. President, the ready concentrated on, both in the ap- erans budget which this represents, amendment that I am offering today propriating subcommittee and in the with the add-ons which we put in Inte- will help to ensure that our veterans authorizing committee. He is asking rior and a variety of other appropria- have easy access to information about for an additional $10 million in the tions, we have adequately funded nec- the benefits that they have earned budget for the Veterans Readjustment essarily and appropriately the services through their service to our country. Counseling Service. This would rep- the Senator would wish to provide ad- Each year, the Department of Vet- resent a $14 million increase for the ditional moneys for, taking them from erans Affairs publishes an updated

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10358 CONGRESSIONAL RECORD — SENATE September 22, 2005 version of a handbook entitled, ‘‘Fed- provide an estimate of how much it tion’s veterans, it is also a comprehen- eral Benefits for Veterans and Depend- would cost to ensure that all CVSOs in sive and handy guide to veterans bene- ents,’’ which contains useful informa- the country are provided at least one fits that many veterans around my tion about benefits that are available case of the handbook each year and State have requested from their through the VA. I have heard from a whether the Department’s current an- CVSOs. And it is evident from the number of Wisconsinites who are con- nual supply of handbooks could be re- former Secretary’s response that the cerned that this useful handbook is not allocated to achieve this goal. Finally, VA itself has made this publication readily available to our veterans and to I requested that the Secretary provide available to individual veterans at a County Veterans Service Officers, me with information on the distribu- variety of events. No CVSO should CVSOs, and others who assist our vet- tion policies of the various VA admin- have to refuse a veteran a copy of this erans. istrations with respect to providing booklet because he or she has been It is my understanding that the De- copies of this handbook to individual given an inadequate supply. No CVSO partment purchases a limited number veterans, including a description of the should have to tell a veteran that he or of copies of this handbook each year VA’s policy regarding making these she does not have the budget to make that some are distributed to VA re- handbooks visibly available to indi- the veteran a photocopy of the hand- gional offices, to VA health care facili- vidual veterans at VA facilities. book or that he or she can gain access ties, and to State Departments of Vet- In the former Secretary’s response, to it on the Internet or by purchasing erans Affairs. Some of my constituents he assured me that ‘‘. . . due to the in- it from GPO. are concerned that some facilities ap- creased outreach efforts initiated this I am pleased that this amendment pear to have large stockpiles of this past year, as well as the requests for has the support of the Wisconsin Asso- handbook, while others only receive a additional handbooks from external ciation of County Veterans Service Of- very limited number. I am also told veterans service providers, I am direct- ficers and the Wisconsin Department of that distribution of the handbook is ing my senior leadership to reevaluate the American Legion. largely left up to regional and local VA their requirements for publication and I understand that the managers have officials. distribution of the 2005 handbook. agreed to accept my amendment, and I A number of Wisconsin CVSOs have Please be assured that county veterans want to thank them for their support informed me that they are having trou- service officers across the nation are on this issue. I look forward to review- ble obtaining adequate supplies of this included in next year’s distribution.’’ ing the Secretary’s report. handbook, and that they often have to While I was encouraged by the former Mr. OBAMA. Mr. President, I rise rely on VA health care facilities or Secretary’s response, CVSOs around today to support this important piece other sources to obtain additional cop- Wisconsin tell me that they received of legislation. As many of you know, ies. While I recognize that the hand- only one or two copies of the 2006 edi- the young soldiers returning from Iraq book is available for download on the tion of the handbook. This meager sup- and Afghanistan are already coming Department’s Web site and for pur- ply is not sufficient to use the hand- home with post traumatic stress dis- chase through the Government Print- book as a reference and to provide cop- order. A recent Army study found that ing Office, GPO, many CVSOs and vet- ies to veterans who request them. one in six soldiers in Iraq reported erans service organizations do not have The amendment that I am offering symptoms of major depression. Some the resources to copy or purchase this today would require the Secretary of experts predict that more than 100,000 handbook in large quantities. In addi- Veterans Affairs to submit to the Sen- soldiers may need some kind of mental tion, many veterans, particularly older ate and House Appropriations Commit- health treatment when they come veterans, do not have access to—or are tees a plan to provide an adequate sup- home. unable to use—the Internet and it ply of the 2006 edition of the ‘‘Federal It is not only our patriotic duty to seems unreasonable to charge them $7 Benefits for Veterans and Dependents’’ provide these soldiers with the benefits to purchase the handbook from GPO. handbook and all subsequent editions they deserve; it is our moral duty at Veterans who want a copy of this of this handbook to all county veterans the most fundamental level. Unfortu- handbook should get one—it’s that service officers in the country. nately, PTSD is a disease that is still simple. This handbook serves as a tan- My amendment would also require all too often misunderstood, and as I gible reminder of the benefits they the Secretary to work with the Na- speak, there are efforts at the VA to earned, and it also serves as a helpful tional Association of County Veterans require those folks who suffer PTSD to guide for CVSOs, veterans service orga- Service Officers, other veterans service undergo additional scrutiny in the dis- nizations, and others who work every organizations, and state departments ability benefits process. day to ensure that our veterans receive of veterans affairs to determine what According to VA, it will review 72,000 these benefits. One Wisconsin CVSO supply is adequate and to include a cases in which the maximum amount tells me that this handbook is very val- cost estimate for providing these hand- of PTSD disability benefits was award- uable in his work with veterans, some books to all county veterans service of- ed. The rationale for reviewing these of whom have told him that they have ficers in his report. The report would cases is VA’s belief that 2.5 percent of difficulty navigating the VA Web site be due not later than 60 days after the these cases are ‘‘potentially fraudu- or easily finding information in the on- enactment of this bill. lent.’’ But notably, this review will en- line copy of the handbook. Being able Some at the VA have argued that tirely ignore cases in which benefits to point a veteran to a specific page in this important handbook was devel- may have been unjustly denied. the handbook is an important step in oped as a desk reference for VA em- This review sends a troubling mes- helping veterans to learn about their ployees, CVSOs, veterans service orga- sage to the brave men and women who benefits or to find the answers to many nizations, and others who help veterans defended this country. Too many vet- common questions that veterans may to learn about and obtain their bene- erans see the VA as a bureaucracy with have about these benefits. fits. Former Secretary Principi’s letter the singular goal of denying services Last year, in response to the con- to me states that in 2003 ‘‘. . . more and benefits to veterans. This decision cerns raised by my constituents, I than 1.4 million copies of the handbook to reopen only approved PTSD claims asked former Secretary Principi to re- were printed and distributed through merely serves to promote that impres- view the Department’s policy for dis- the VA system. VA facilities, in turn, sion. tributing this important handbook, in- distributed handbooks to local vet- It is unconscionable for our Govern- cluding ensuring that CVSOs have ac- erans support agencies and organiza- ment to put the onus on law-abiding cess to this document. I also asked tions, responded to requests for the veterans to affirmatively demonstrate that he look into how to reallocate the handbooks and used them as special that they are not engaging in fraud. supply to avoid a situation in which events such as homeless veterans stand The process of gathering evidence to certain parts of the VA have surpluses downs, veterans conferences, health prove PTSD disability is extremely while others are scrambling to get fairs, and job fairs.’’ While this hand- time consuming. It requires the com- these handbooks to veterans who are book is indeed a helpful reference for pilation of medical records, military requesting them. I also asked that he those who work on behalf of our Na- service records, and testimony from

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10359 other veterans who can attest to a per- alert veterans of the past history of our budget allocation. We will be com- son’s combat exposure. I cannot fath- below-average disability benefit rates ing in later, I am sure, with some sup- om why the VA would require veterans and provide these veterans with infor- plemental health for veterans facilities to go through this emotionally painful mation on how to request a review of that have been in the hurricane-af- process for a second time. any past claims. The hiring of addi- fected areas of our country, but I hope The VA—and our Nation’s veterans— tional disability raters is important, we will be able to defeat the Akaka would be better served by creating na- but it is meaningless unless veterans amendment, which would skew the cap tionwide standards for evaluating know of their right to get their cases on the bill, and then go to final pas- PTSD claims. As underscored by the reopened. sage. I think it is a bill everyone can inspector general’s report in May that I thank my colleagues for their as- support. It certainly goes further in evaluated the chronic disparity be- sistance with these amendments. terms of meeting our veterans’ needs tween benefits received by veterans in Mrs. FEINSTEIN. Mr. President, I than any veterans bill has ever done, Illinois and veterans in the rest of the propose that for the moment we set including the supplemental $3.2 billion, country, PTSD is a highly subjective aside the Akaka amendment, that Sen- because the Secretary of Veterans Af- evaluation subject to significant vari- ator CRAIG and I make our 2-minute fairs came to us and said our models ation. That same report uncovered sig- ending comments, and we then have are wrong, we need more money, and nificant variation in PTSD ratings the vote on the Akaka amendment, and we have supplied that money on a bi- from State to State—with Illinois con- then final passage so there are consecu- partisan basis. sistently in the bottom rung for those tive votes. I recommend this to my colleagues. ratings. The variation in PTSD ratings The PRESIDING OFFICER. Without Mr. CRAIG. Will my colleague yield? across the country may very well be objection, it is so ordered. Mrs. HUTCHISON. I am happy to the result of a lack of training or Mrs. FEINSTEIN. Thank you, Mr. yield. standardized practices on the part of President. Mr. CRAIG. I appreciate the chair- the VA, not fraud on the part of our Mr. President, this bill is notable in man yielding. Nation’s veterans. several regards: Let me say to the chairman and I am pleased that Chairman First, under the leadership of Sen- ranking member, as the chairman of HUTCHISON and Ranking Member FEIN- ator AKAKA and Senator BYRD, we were the authorizing Committee of Vet- STEIN worked with me and Senators able to provide $1.977 billion in emer- erans’ Affairs, how much we appreciate DURBIN and MURRAY to include an gency funding in this bill to address the cooperative way in which we have amendment that prohibits the VA from the projected shortfall in veterans worked together to get these numbers proceeding with its review unless and health care funding for 2006. right. Both Senators have spoken very This is in addition to the $1.5 billion until the VA reports to the Appropria- clearly to that effort and to the un- in the 2005 supplemental funding we tions Committee on its plan for imple- precedented amount of money that has were able to add to the 2006 Interior ap- menting this recommendation and out- flowed to veterans at this time, which propriations bill to make up the cur- lines the staffing and funding require- we think is necessary and appropriate. rent shortfall in veterans health care. ments. I thank the Senator for that due dili- While this is an important provision, The bill before the Senate now totals gence. I am disappointed that there was no re- $82.98 billion, of which $44 billion is dis- Mrs. HUTCHISON. Mr. President, quirement that the VA look at denials cretionary spending. which amendment is pending? of benefits as well as grants. To get an For military construction, the bill accurate and fair depiction of PTSD equals the budget request of $12.116 bil- VOTE ON AMENDMENT NO. 1852 claims in this country, we need to en- lion. Although we have rearranged The PRESIDING OFFICER. Time has sure that denials are reviewed as well some of the funding within that re- expired. The question is on agreeing to as grants of benefits. I will continue to quest for the VA, the total amount ap- the Akaka amendment. work with my colleagues to see that propriated in this bill is $70.7 billion, Mrs. HUTCHISON. Mr. President, I this fundamental issue of fairness is including $34.1 billion in discretionary ask for the yeas and nays. addressed. and $36.6 billion in mandatory spend- The PRESIDING OFFICER. Is there a I also want to thank Chairman ing. This is $3.2 billion above the Presi- sufficient second? HUTCHISON and Ranking Member FEIN- dent’s original budget request. There is a sufficient second. STEIN for their assistance in accepting I commend and thank the chairman The question is on agreeing to the an amendment to provide notice to vet- of the committee, Senator HUTCHISON amendment. The clerk will call the erans in certain States about their of Texas. We have worked very well to- roll. right to seek a review of their cases. gether in producing a very good bill. I The legislative clerk called the roll. This provision addresses an impor- am delighted we were able to finish it Mr. MCCONNELL. The following Sen- tant issue in Illinois. As some of you with quick speed. ator was necessarily absent: the Sen- may know, Illinois has for more than I thank the staff on both sides. We ator from Florida (Mr. MARTINEZ). two decades ranked 50th out of all 50 have great professional staff. They Mr. DURBIN. I announce that the States in terms of disability benefit have done a fine job. Senator from New Jersey (Mr. CORZINE) compensation. This staggering dis- I would like to turn it over to the is necessarily absent. parity in payments may well be the re- chairman of the committee, my friend, The PRESIDING OFFICER. Are there sult of poor staffing and a lack of Senator HUTCHISON. any other Senators in the Chamber de- standards for disability payments The PRESIDING OFFICER. The Sen- siring to vote? across the Nation. ator from Texas. The result was announced—yeas 48, I have been pleased that Secretary Mrs. HUTCHISON. Thank you, Mr. nays 50, as follows: Nicholson has agreed to provide the President. [Rollcall Vote No. 242 Leg.] veterans of Illinois with extra dis- I certainly appreciate the comments YEAS—48 ability raters so that the veterans in of my ranking member, Senator FEIN- Illinois who may have been unjustly STEIN, with whom I have worked very Akaka Dodd Leahy Baucus Dorgan Levin denied benefits will have the oppor- closely on this bill. We have tried to Bayh Durbin Lieberman tunity to seek a special review of their accommodate every Member to the Biden Feingold Lincoln cases. best of our ability with the priorities Bingaman Feinstein Mikulski Unfortunately, up to now, there has that many Members are concerned Boxer Harkin Murray Byrd Inouye Nelson (FL) been no special effort made to alert about—certain areas of the Veterans’ Cantwell Jeffords Nelson (NE) veterans to this special opportunity. Administration particularly. I think Carper Johnson Obama This amendment will provide the funds we have addressed those concerns in a Chafee Kennedy Pryor Clinton Kerry Reed for information campaigns in states responsible way. Collins Kohl Reid with less than average disability com- I think it is very important to pass Conrad Landrieu Rockefeller pensation rates. These campaigns will this bill because we have stayed within Dayton Lautenberg Salazar

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10360 CONGRESSIONAL RECORD — SENATE September 22, 2005 Sarbanes Snowe Stabenow The PRESIDING OFFICER. Is there a ing business, with Senators permitted Schumer Specter Wyden sufficient second? to speak for up to 10 minutes each. NAYS—50 There is a sufficient second. The PRESIDING OFFICER. Without Alexander DeWine McCain The clerk will call the roll. objection, it is so ordered. Allard Dole McConnell The assistant legislative clerk called The Senator from Montana. Allen Domenici Murkowski the roll. Bennett Ensign Roberts f Bond Enzi Santorum Mr. MCCONNELL. The following Sen- Brownback Frist Sessions ator was necessarily absent: the Sen- KATRINA HEALTH RELIEF Bunning Graham Shelby ator from Florida (Mr. MARTINEZ). PACKAGE Burns Grassley Smith Burr Gregg Further, if present and voting, the Mr. BAUCUS. Mr. President, I wish Stevens Chambliss Hagel Senator from Florida (Mr. MARTINEZ) Sununu to read a quote from the Chicago Trib- Coburn Hatch Talent would have voted ‘‘yea.’’ une, dated September 14, by Judith Cochran Hutchison Mr. DURBIN. I announce that the Coleman Inhofe Thomas Graham, Tribune staff reporter com- Cornyn Isakson Thune Senator from New Jersey (Mr. CORZINE) menting on the conditions of people Craig Kyl Vitter is necessarily absent. needing medical care and needing it Crapo Lott Voinovich The PRESIDING OFFICER. Are there Warner desperately on the heels of Katrina: DeMint Lugar any other Senators in the Chamber de- NOT VOTING—2 A New Orleans man with a brain tumor siring to vote? needed surgery fast—but when he found him- Corzine Martinez The result was announced—yeas 98, self stranded without health insurance in The amendment (No. 1852) was re- nays 0, as follows: Baton Rouge after Hurricane Katrina, it jected. [Rollcall Vote No. 243 Leg.] took the intervention of Ruth Kennedy, Lou- Mrs. HUTCHISON. I move to recon- YEAS—98 isiana’s deputy Medicaid director, to get him sider the vote and to lay that motion help. Akaka Dole McCain Yet this energetic state official can’t pos- on the table. Alexander Domenici McConnell sibly pull strings for all of the people who The motion to lay on the table was Allard Dorgan Mikulski Allen Durbin Murkowski need medical assistance after the storm, agreed to. such as an 89-year-old Louisiana man, now in The PRESIDING OFFICER (Mr. Baucus Ensign Murray Bayh Enzi Nelson (FL) Los Angeles with family, who couldn’t fill HAFEE C ). The majority leader is recog- Bennett Feingold Nelson (NE) his prescriptions because his Louisiana Med- nized. Biden Feinstein Obama icaid card isn’t good in California. Or a dis- Mr. FRIST. Mr. President, the next Bingaman Frist Pryor placed New Orleans woman with colon can- Bond Graham vote will be final passage. I congratu- Reed cer who needed chemotherapy but couldn’t Boxer Grassley Reid late Senators HUTCHISON and FEINSTEIN Brownback Gregg get an appointment in the city she had fled Roberts Bunning Hagel to after the storm. for expediting the bill this afternoon. Rockefeller Burns Harkin Meeting the medical needs of up to 1 mil- It took the cooperation of all Members Salazar Burr Hatch Santorum lion hurricane evacuees scattered across the and proves that we can move quickly Byrd Hutchison through the appropriations process Sarbanes country looms as an enormous challenge. Cantwell Inhofe Most of them are without their medical Carper Inouye Schumer under the leadership of two managers. Sessions records or any way to contact their physi- As we continue that, we go forward. I Chafee Isakson Chambliss Jeffords Shelby cians; many are suddenly without jobs and also congratulate Senators BENNETT Clinton Johnson Smith at risk of losing their medical coverage; and and KOHL for their hard work on the Coburn Kennedy Snowe as a group, they’re disproportionately likely Agriculture appropriations bill passed Cochran Kerry Specter to be needy and sicker-than-average. Coleman Kohl Stabenow this morning by a vote of 97 to 2. Collins Kyl Stevens Senator GRASSLEY, the chairman of As Members know, the Roberts nomi- Conrad Landrieu Sununu the Finance Committee, and I have nation—again, congratulations to the Cornyn Lautenberg Talent written a bill. We would like the swift Judiciary Committee—was reported by Craig Leahy Thomas Crapo Levin Thune passage of that bill. It is the Emer- the Judiciary Committee today. We Dayton Lieberman Vitter gency Health Care Relief Act. This bill will turn to consideration of that nom- DeMint Lincoln Voinovich would provide victims of Hurricane ination on Monday. DeWine Lott Warner Katrina with the health care they ur- Dodd Lugar Wyden We will be in session tomorrow. Sen- gently need. We should pass this bill, ators are invited to come to the floor NOT VOTING—2 and we should pass it immediately. tomorrow, if they would like to make Corzine Martinez We have all seen the terrible destruc- any remarks on that nomination. We The bill (H.R. 2528), as amended, was tion, the dead, the displaced, the hun- will be voting Monday at about 5:30. passed. dreds of billions of dollars in damages. That will be the next vote. Traveling down to the Gulf Coast last The PRESIDING OFFICER. The (The bill will be printed in a future edition of the RECORD.) week, I saw the havoc Katrina had Democratic leader. wreaked. It is stunning. It is like a war Mr. REID. Mr. President, Members Mrs. HUTCHISON. I move to recon- zone. It is worse than the pictures. It is can come and talk about anything they sider the vote, and I move to lay that worse than I had imagined. want tomorrow. We will be in a period motion on the table. At one stop, we went into what was of morning business. The motion to lay on the table was Mr. FRIST. We will be in a period of agreed to. left of a library. Muck and ruin covered morning business tomorrow. I want to The PRESIDING OFFICER. Without books and other library materials. One accommodate Members on their state- objection, the title is amended. shiny object caught my eye. I reached ments on the Roberts nomination or The Senate insists on its amend- down to pick it up. What was it? It was anything else tomorrow. The vote at ments and requests a conference with a DVD of the film, ‘‘The Perfect 5:30 on Monday will not be on Roberts. the House and the Chair appoints Mrs. Storm.’’ The PRESIDING OFFICER. The HUTCHISON, Mr. BURNS, Mr. CRAIG, Mr. Among its many consequences, the question is on the engrossment of the DEWINE, Mr. BROWNBACK, Mr. ALLARD, hurricane inflicted countless blows to amendments and third reading of the Mr. MCCONNELL, Mr. COCHRAN, Mrs. people’s health. A third of Katrina bill. FEINSTEIN, Mr. INOUYE, Mr. JOHNSON, evacuees in Houston had injuries or The amendments were ordered to be Ms. LANDRIEU, Mr. BYRD, Mrs. MURRAY, health problems, and more than half of engrossed, and the bill to be read a and Mr. LEAHY conferees on the part of those evacuees were seeking medical third time. the Senate. care. The bill was read the third time. f The bill Senator GRASSLEY and I in- The PRESIDING OFFICER. The bill troduced will provide that care. Our having been read the third time, the MORNING BUSINESS bill will provide temporary Medicaid question is, Shall the bill pass? Mrs. HUTCHISON. Mr. President, I coverage for Katrina survivors. It will Mr. CRAIG. Mr. President, I ask for ask unanimous consent that there now provide for a streamlined application. the yeas and nays. be a period for the transaction of morn- It will make benefits available right

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10361 now. It will provide coverage for up to health care needs. The affected States Secretary of Defense, Ambassador Jef- 5 months, with a possible extension of agree. Senators from both sides of the frey, and General Myers, about the sit- 5 months. It is emergency health care aisle of the affected States have all uation in Iraq. Naturally I am con- benefits for people who need it. Preg- worked with us. We have agreement. strained and cannot disclose details or nant women and children will be eligi- All Senators in the affected States, in- specifics of that briefing. But I think in ble for help at higher income levels, cluding Senator GRASSLEY and myself, the most general terms American peo- and an extended package of mental agree. ple understand what is happening in health services under Medicaid will I cannot speak for the House of Rep- Iraq. Whether it is called terrorism or help survivors deal with the trauma of resentatives, but I can speak for us in insurrection, it continues apace. Every Katrina. To support those who have this body. We have a very good package single day, harrowing reports come out private health insurance, our bill will that I think should pass right now. I of civilian casualties and the deaths provide Federal assistance to help indi- am very concerned that there are Sen- and injuries to our soldiers. Unfortu- viduals keep their coverage. I say that ators here, on the other side of the nately, we do not speak enough on this with reference to the article I read, the aisle, who object. No one on this side of floor about the reality of this war. This reporter’s comments about people who the aisle objects to this legislation is the reality. do not have health insurance anymore coming up. I am informed there are Americans killed in Iraq as of this morn- because they have lost their jobs. Our Senators on the other side of the aisle ing, 1,907; Americans wounded, 14,641. bill will help alleviate the burden of who object to having this legislation If you are not familiar with how providing health care. I have been in- coming up. The objection is we have these categories of wounded soldiers spired by the sights and stories of not had time to read it. I understand are created, you should understand health care workers who have done all that. It was brought up fairly quickly. many of these soldiers suffer far more in their power to help treat victims. To We can give Senators time to read it. than superficial wounds. I have visited ensure these providers are com- We can bring this legislation up tomor- with them at Walter Reed Hospital and pensated, our bill establishes a disaster row. Certainly they can read it over 24 veterans hospitals back in my part of relief fund to cover the uncompensated hours—that is enough time to read this the country. I have seen men and costs they incur because of Katrina. bill—or the next 72 hours, over the women who are facing amputations, se- There are millions of dollars of un- weekend. Certainly there has to be rious head injuries, problems that will compensated health care costs. Katrina some trust around here. Senator change their lives forever. The wounds inflicted massive financial losses on GRASSLEY and his staff and I have fly- they have suffered are wounds they the States of Mississippi, Louisiana, specked this bill. We worked very hard will carry for the rest of their lives. and Alabama. Our legislation calls on together over a period of almost 2 There are many veterans who come the Federal Government to pay 100 per- weeks. We worked with the Senators home from that war with invisible cent of Medicaid and children’s health affected. They all agree, this is an wounds, with wounds of spirit—post- care costs for 2006. For Alabama, the emergency. This is not legislation as traumatic stress disorder from things Government will pick up 100 percent of usual. they have seen, things they have done, those costs in several particularly rav- I call on my colleagues, let’s bring up stress they have been placed under for aged counties. this bill and get it passed. I am very extended periods of time. If you have Our bill postpones a scheduled de- tempted to ask for unanimous consent friends who served in the Vietnam war, crease in Federal Medicaid payments to bring up this bill now, move us into you may know one who is still trying for 2006 to ensure all States have the legislative session, and bring this bill to overcome the fact that he is haunted means to meet their health care needs up now. Why? Very simply: It is the by that experience. This is the reality in this trying time. right thing to do. Very simply: These of war. It is a reality you see time and Our legislation provides immediate people need help. Very simply: It has again, as families stand by hospital access to funds through the TANF pro- been worked on for almost 2 weeks beds or stand in grief at the funerals. It gram for Louisiana, Mississippi, and now. Very simply: I cannot think of is a reminder that we cannot ignore Alabama for 14 months and provides any possible significant, legitimate ex- the issue of the war in Iraq. We cannot these States, as well as States pro- ception. ignore the reality of what it has viding services to evacuees, immediate I will not push for consideration at brought to America. access to the TANF contingency fund, this point in deference to those who be- Last week, Iraqi President Jalal which is a very important part of the lieve they need more time, but I very Talabani came to Washington. As he 1996 welfare law. It has been difficult much hope when the time does come, arrived in Washington, he said he be- and hard to use until now. Our bill maybe tomorrow, maybe on Monday, lieved the United States could safely eases time limits on aid so people can that this bill does come up, that we withdraw 50,000 troops before the end of get immediate help, and our legislation work our way through those objections the year. He said Iraqi forces are provides federally funded extension of so all Senators can unanimously pass trained and ready to assume control of unemployment benefits for unem- this legislation. It is so important, it is their own country. Then he went to the ployed workers in Louisiana, Mis- so needed for so many people. White House and he changed his re- sissippi, and Alabama. This law will go I yield the floor. marks. He was not as specific; he was a long way toward helping Katrina sur- The PRESIDING OFFICER. The Sen- not as definite. He said he hoped the vivors to get back on their feet. ator from Illinois. Iraqi troops could take over for Amer- We must act and act now to help THE WAR IN IRAQ ican troops at some point in the future. those who have been harmed. This is an Mr. DURBIN. Mr. President, we have It was enticing to hear him suggest emergency. This is not time for the considered many important issues on that 50,000 of the 146,000 currently serv- legislative process as usual. This is an Capitol Hill this week. Here on the ing in Iraq would be home by Christ- emergency. People need help now, not floor of the Senate, two major appro- mas. I still think that is a goal we tomorrow. We must do our part to help priations bills have passed, and in the should not give up on. Unfortunately, this region and its people, and we can Judiciary Committee, on which I serve, we are still waiting for concrete evi- do so today by passing the Emergency we considered the historic nomination dence that Iraqi troops are ready to as- Health Care Relief Act. of John Roberts to be our next Chief sume the responsibility of defending This bill should be brought up now, Justice of the U.S. Supreme Court. their own country. I am not certain today. Several of us have approached Those are all worthy issues for this they can take on this insurgency today the leadership to try to get this bill up Chamber to consider. Unfortunately, from a political or a military point of now and passed today. People need not enough has been said this week view. But we need to see a clear path help. Many have no insurance. They about an ongoing challenge to this Na- from the point where we are today to have lost their jobs. Time is critical. tion, which costs us dearly. the withdrawal of American troops. We Senator GRASSLEY and I and our staffs I speak directly to the issue of the need to have this administration ar- have worked together for over a week. war in Iraq. Yesterday I joined many of ticulate that path and make it clear to We have a good effort to help meet my colleagues for a briefing with the the people of this country.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10362 CONGRESSIONAL RECORD — SENATE September 22, 2005 Next month the second report on the You must understand not only this coun- only a few hours each day. Barely half status of the training of Iraqi forces is try but other countries. You must know the Iraqis have access to clean water. due. It is critical that this report pro- something about strategy and tactics and lo- Unemployment estimates range from vide real information on the readiness gistics, but also economics and politics and 27 to 40 percent. In addition to the ter- diplomacy and history. of these forces to meet President You must know everything you can know rible atrocities of car bombings and Talabani’s suggestion. While it must about military power, and you must also un- other attacks, street crime is now epi- not disclose vital security information, derstand the limits of military power. You demic. this report must include enough data must understand that few of the important There are 146,000 U.S. forces in Iraq in unclassified form so we know ex- problems of our time have, in the final anal- today, and there are those who say actly where we are today in terms of ysis, been finally solved by military power that they just aren’t enough to do the the Iraqi takeover of the defense of alone. job. There are others who would like to their own country. Iraq has shown us again the limits of see them all leave tomorrow. But what- The trajectory to date is not encour- military power, even the military ca- ever the right number is, stability in aging. There have been peaks recently, pabilities of a super power. It has Iraq, security in Iraq, and peace in Iraq including the historic vote in January shown us the importance of allies. And depend ultimately upon the Iraqis and in the first real democratic election in it has shown us the importance of their Government—not American sol- Iraq’s history. But 470 Americans have ground truthing. diers and their lives. been killed since those elections on We are now constrained by the limits Next month, the Iraqis will again go January 30 of this year—470. The ad- that are imposed by the prior poor de- to the polls to vote up or down on a ministration to date has not managed cisions this Administration has made draft constitution that is before them. to change that terrible equation; and in Iraq, not just by going to war but in Voting in a country under siege is a 21⁄2 years after the invasion I still do how it went to war. real act of courage by the people of not believe the administration has a If we were prepared for the invasion Iraq. We respect them, and we respect clear plan to secure the peace. and the war, we certainly were not pre- that decision to go and vote very Intelligence analysts, both civilian pared for what followed. When the ad- much. This referendum is an important and military, use a phrase called ministration went to war, it failed to step forward in the political process. ‘‘ground truthing.’’ Geographers and build a real coalition. How much dif- But however the referendum turns out, geophysicists use the same term. It ferent that war would be today if the it is not clear that on October 16—the means going out and physically sur- President had at his side Muslim na- day after the vote—the people of Iraq veying the terrain, recognizing the re- tions helping us to maintain stability will be all that much closer to a uni- ality on the ground may not match the in Iraq. When it executed the invasion, fied, stable, and secure Government. I map you have been given. The solution it tore down social, political, and eco- certainly hope they will be. to this disparity is not to try to bull- nomic structures that couldn’t be re- But if the constitution passes with- doze the landscape or to sculpt it to placed. We saw the beginning of the out the support of a major faction such match the map or to sculpt it to match disintegration when the looting began, as the Sunnis, it is hard to see how se- an expectation in your mind. The solu- and it continues almost every day with curity and unity will emerge, and if the tion is not to blind yourself to reality improvised explosive devices from the constitution is defeated we may have on the ground. The solution is to recog- almost endless arsenal of equipment to start over. The best possible outcome I can nize differences between what you ex- and ammunition still on the ground for imagine is whichever way the ref- pected and what you were actually ex- the taking in Iraq. periencing. You may need to redraw In Iraq, it sometimes seems that we erendum turns out that it is followed your map. You will almost certainly have been building levees of sand that by civic engagements from all factions in Iraq—the Kurds, the Sunnis, the need to readapt your plan. have steadily eroded. I am reminded of Shiites, and others. Without that civic From the day of the invasion, plans the images of the helicopters in Lou- engagement, I don’t see how the polit- were drawn up that refused to recog- isiana dumping enormous sandbags ical progress in Iraq can succeed. But nize the reality on the ground in Iraq. into a gaping hole on a broken levee whatever comes next, we must not let This administration has blinded itself and how these enormous sandbags our desire to see progress in Iraq blind to what I call these ground truths. Our would disappear, swallowed up by the us to reality. troops rolled in and defeated Saddam force of the water. Is that what is hap- Hussein and his vaunted National Re- We need some political ground pening in Iraq? That is what we have to truthing as well. publican Guard. You know why—we ask, and that is what this administra- have the best fighting men and women President Kennedy was right when he tion must answer. said many problems do not have mili- in the world. No one else even comes Are we making enough progress in close. But defeating an army is not the tary solutions. Iraq to justify what it is costing us in We need an integrated plan for Iraq same as defeating an insurrection. The blood, treasure, and in damage to our that addresses critical political and reports we read in the press suggest own national security? That is becom- economic needs. We need a plan that that insurrection is still very strong ing a more and more difficult question. would finally bring international co- and very lethal. It certainly is a question this adminis- operation that this administration ini- Defeating an insurgency such as that tration has not faced forthrightly. The tially thought it could do without. We is so much harder. These terrorists, American people deserve an answer. need a plan to draw down American these insurgents, do not swim in a sea Men and women in uniform risking forces—not merely because the war is of sand. They are supported by people their lives today in Iraq deserve an an- less popular in our country but because in Iraq. It demands a completely hon- swer. we have to tell the Iraqis, once and for est, clear-eyed, honest, and unbiased If we are not making sufficient all, they have to take charge of their understanding of what we are facing, progress, what are we going to do to own future and their own security. the political, cultural, and physical change direction? We need a plan that is based on the ground truths. I am afraid this is lack- I have joined others in saying that Iraqi political calendar, not our own. ing in this administration’s adminis- progress in the battlefield alone is That is a plan we still have not re- tration of this war. never going to be enough. The Iraqi ceived from this administration. In 1961, President John F. Kennedy Government has to function as a real The 146,000 U.S. service men and gave the commencement address at the Government. It has to be able to pro- women in Iraq today risking their lives U.S. Naval Academy. There he said: vide basic social services, to protect its deserve that plan, so do their families You gentlemen, therefore, have a most im- borders, offer its people security, and it at home, and so do the American tax- portant responsibility, to recognize that is a far distance before they ever reach payers who have poured nearly $200 bil- your education is just beginning, and to be prepared, in the most difficult period in the that point. Now, the Iraqi Government lion into this war—a war which con- life of our country, to play the role that the cannot perform these basic functions. tinues to demand over $1 billion a country hopes and needs and expects from Today, electricity in Baghdad is still at week. The war has come at a terrible you. prewar levels. Power is off and on for price for Americans.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10363 This chart shows the most graphic Why is the Republican leadership re- bring the nomination of John Roberts evidence of the cost: 1,907 of our best fusing to go back to the Department of to the full Senate for its consideration. and bravest who have paid the ultimate Defense authorization bill? It should be I am quite sure that by October 3, 2005, sacrifice, a sacrifice borne by their the first thing on the calendar. But, Mr. Roberts will be sworn in as the 17th families forever. unfortunately, the decision has been Chief Justice of the United States. We don’t honor their sacrifice if we made that we will not. I think it is Today is a very important day for refuse to ask the hard questions, if we wrong. I think we owe it to the men the Senate. I say this because several refuse to demand of this administra- and women in uniform, their families months ago this body was mired in a tion—any administration—to tell us praying for them at home, and every- partisan judicial battle that many the truth of what we are facing and one in this country who is so proud of thought would end in a nuclear winter. how we will bring this to an honorable their contribution to make that our Very few people, including a majority conclusion. highest priority. of the American public, thought that October will give us a better under- I sincerely hope that when we return we would weather the storm and find standing of what is happening in Iraq to the Senate next week, we will return common ground. But instead of nuclear with both the constitutional ref- to that Department of Defense author- winter, this body was able to rise above erendum and the Department of De- ization bill—return to it to make cer- the partisan bickering that has plagued fense report. It is then up to all of us to tain that the equipment, the supplies, us for some time, and we were able to act on that knowledge, to recognize and all that is needed will be there for come to an agreement, an under- our trajectory and to change the those troops. standing that has allowed the judicial course, if we must. I can remember the first soldier I vis- process to move forward. Before America loses 2,000 of our best While I do not intend to review that ited at Walter Reed so long ago. He was and bravest in Iraq, this administra- entire agreement, there is one part from an Ohio unit. He had lost his left tion needs to come forward and speak that is worth noting. leg below the knee. I was amazed. clearly on its plan to bring our troops It states: There he was still scarred, with IVs home. This administration needs to We believe that under Article II, Section 2, running, recent amputation. And I make it clear that Iraq must accept its of the United States Constitution, the word asked him what he thought. He said, I own responsibility to protect its own ‘‘Advice’’ speaks to consultation between the want to tell you two things. First, Senate and the President with regard to the nation. use of the President’s power to make nomi- If the Iraqi war exposed a failure of please get some protection in those humvees. Put some armor in those nations. intelligence, if Hurricane Katrina ex- We encourage the Executive branch of gov- posed a failure of imagination and humvees. They are just moving targets ernment to consult with members of the preparation, the lives we lose every day for those terrorists in Iraq. Second, tell Senate, both Democratic and Republican, in Iraq make it clear that we can wait me how I can get back with my unit. prior to submitting a judicial nomination to no longer for leadership and vision to I heard that so many times from so the Senate for consideration. many soldiers who feel such an obliga- Such a return to the early practices of our bring this war to an end as quickly as government may very well serve to reduce possible. tion to the men and women who stood next to them in battle. If they feel that the rancor that unfortunately accompanies We in the Senate need to do our part. the advice and consent process in this Sen- Each year, we consider a bill called the obligation to fellow soldiers, shouldn’t ate. we feel an obligation to them? Department of Defense authorization I think that in the case of John Rob- Shouldn’t we make this our highest bill. It is a bill which considers not erts, the clause I read has been heeded priority in the Senate? only what our troops need but what our by this administration, and I applaud I cannot understand why we have veterans need. President Bush for following in the tra- failed to do that. I call on the leader- If there is ever a time when we dition of past Presidents who have ship, on Senator FRIST and others, to should be spending more time on that sought meaningful consultation with set aside whatever you planned after than anything else, it is now, right the Senate. now, as we are losing soldiers every we consider Judge Roberts next week For the first time in my short tenure day and seeing these soldiers come and move directly to the Department as a Senator, I felt as though this ad- home wounded. of Defense authorization bill. I can ministration put forth an effort to I am sorry to report to you that be- guarantee you that you will have the gauge where the Senate was on a nomi- fore we left on the August recess, that cooperation of the Democratic side of nation and acted accordingly. bill was withdrawn from the calendar. the aisle to come up with a definite set I believe the White House, when It was taken off the floor of the Senate of amendments, a limited time for de- working together with the Senate as a for reasons I still don’t understand. bate and a movement to final passage coequal branch of Government, will al- The leadership in the Senate decided as quickly as possible. Those are things ways be able to find a consensus nomi- there were more important things to we can work out. But we can only work nee who will faithfully uphold the Con- talk about. We moved from the Depart- them out if the leadership of the Sen- stitution and represent the best of our ment of Defense authorization bill to a ate believes this is the same high pri- justice system. special interest bill from the gun lobby ority that I feel today. I think in the case of John Roberts, that just had to be passed before we That is our responsibility—our re- that was accomplished. This is one of left for our August recess. That is a sponsibility for these men and women several reasons I have decided to vote mistaken priority. It is a mistake that, who have given their lives and given to confirm John Roberts as the next frankly, does not reflect well on the important parts of themselves for this Chief Justice of the U.S. Supreme Senate. country. Court. What could be more important for us I yield the floor. I suggest the ab- When President Bush nominated Mr. to consider at this moment in our his- sence of a quorum. Roberts, I said then that I felt very tory than the Department of Defense The PRESIDING OFFICER. The strongly the Senate must fulfill its bill? What could be more important clerk will call the roll. constitutional duty to learn as much than talk about the equipment needs of The assistant legislative clerk pro- about John Roberts’ judicial record as our troops, to protect sons and daugh- ceeded to call the roll. possible, including his work over the ters who are standing in the path of Mr. PRYOR. Mr. President, I ask past 2 years since he has been on the bullets, in the path of bombs in Iraq unanimous consent that the order for U.S. Court of Appeals for the DC Cir- today? What can be more important the quorum call be dispensed with. cuit. than to talk about veterans’ benefits The PRESIDING OFFICER. Without The Supreme Court is the final arbi- for those who are coming home, to objection, it is so ordered. ter of our liberties and freedom, and make sure we do everything we can to f appointments for these gatekeepers are keep our promise to them; that if they rare and pivotal. A Supreme Court Jus- will stand up for America, we will NOMINATION OF JOHN ROBERTS tice deserves a high threshold of re- stand up for our veterans? Why aren’t Mr. PRYOR. Mr. President, today the view, and I think John Roberts was put we returning to this bill? Senate Judiciary Committee voted to to the test.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10364 CONGRESSIONAL RECORD — SENATE September 22, 2005 I applaud the Judiciary Committee after 20 years of gaining life experi- The PRESIDING OFFICER. Without for all of their hard work over the past ence, John Roberts has a better under- objection, it is so ordered. few months and for the quality of last standing and appreciation of how im- Mr. REED. Mr. President, I ask unan- week’s hearings. The quality of the portant civil rights protections are to imous consent to speak for up to 15 questions and the ensuing debate were the survival of this country and that he minutes as in morning business. a testament to the important work the has moved away from some of his ear- The PRESIDING OFFICER. Without committee does and a testament to the lier writings. objection, it is so ordered. There will be people in my home valued leadership of Senator ARLEN f SPECTER and Senator PATRICK LEAHY. State of Arkansas who are going to be I had an opportunity to meet person- very pleased that I am voting for Mr. LOW-INCOME HOME ENERGY ally with John Roberts. He is someone Roberts. I will also face constituents ASSISTANCE with whom you can sit down and talk who will be disappointed. I am sure Mr. REED. Mr. President, headlines for hours about the law. He is genial those constituents will ask: Senator across the Nation warn of an impend- and easy to get along with. He is a fam- PRYOR, how can you be sure? How can ing disaster facing American families ily man. While these are all wonderful you be sure, without broader expla- this winter—rising energy prices that qualities, it is not why I am voting for nations from Mr. Roberts, or without could wipe out working-class families him. more documents, that he will vote this and seniors. The New York Times re- I am voting for Mr. Roberts because way or that way on an issue? ports: he meets the criteria I have set out for My answer to that is twofold. First, I Energy Prices Lead Inflation, Overcoming judicial nominations, criteria I have do not believe it is my duty as a Sen- Salary Increases. used in assessing all judicial nomina- ator to confirm only judges I believe The Wall Street Journal states: are going to vote the way I want them tions that have come before this body. Soaring Natural-Gas Prices Point to When looking at the nomination of to 100 percent of the time. My duty as Record-High Electricity Costs. Mr. Roberts, I first asked: Does John a Senator is to use my discretion to USA Today states: Roberts have the qualifications or cre- put the best jurist possible on the dentials to be a judge? bench. I believe we have achieved that Heating Prices Loom as Problems this Winter. I think the answer to this question is threshold with John Roberts. obvious to anyone, and no one in this Just as importantly, I would answer Prior to Hurricane Katrina’s devasta- body will dispute it. Judge Roberts those critical of my decision to support tion in the gulf region, Americans were brings with him excellent credentials. Judge Roberts by saying, you can facing record prices for oil, natural gas, He is a brilliant lawyer, and I was very never be 100 percent sure. and propane. Hurricane Katrina exacer- impressed with his breadth of knowl- I have chosen, based upon the evi- bated these costs by damaging produc- edge of the law. He has also, on mul- dence I have, based on my talks with tion platforms and ports and curtailing tiple occasions, demonstrated a gen- John Roberts, based on his testimony, production at refineries in the Gulf of uine understanding of the law. to put my faith in Judge Roberts. Mexico. Now Hurricane Rita threatens I was also very impressed with his I have chosen to believe him when he further damage and, in turn, price in- testimony before the Judiciary Com- says he is not an ideologue. I have cho- creases. Natural gas prices are hitting mittee. While some of my colleagues sen to believe he will uphold the Con- all-time highs, and crude oil and gaso- and I would have liked for Mr. Roberts stitution above all else and that he will line prices are again on the rise. to further explain some of his answers not let politics or personal agenda get Consumers are feeling the price in- and positions, no one can dispute he in the way of his job. creases at the pump. But with winter has the ability to take this most pres- I am certain in the years that follow looming, the full effect of these costs tigious post. there will be times I laud Justice Rob- has yet to hit us. My second criteria: Will Mr. Roberts erts’ opinions, and there will be times In New England, the average heating be of the right judicial temperament? I will be disappointed in his rulings. cost for a family using heating oil is As a lawyer who has argued in front of But I am confident I will never be dis- projected to reach $1,666 during the up- the U.S. Supreme Court 39 times, I be- appointed in his integrity, his tempera- coming winter. This represents an in- lieve Mr. Roberts has a high level of re- ment, or his ability to conduct himself crease of $403 over last winter’s prices spect for the law, its institutions, and as a man of the Court, not as a man of and $714 over the winter heating season its traditions. politics. Therefore, I once again state of 2003–2004, almost a $1,000 increase in I am convinced, after spending time my intention to vote for Judge Roberts 2 years. with Mr. Roberts, that he will conduct when his nomination comes to the For a family using natural gas in the himself with the dignity befitting of a floor. Midwest, prices are projected to hit Supreme Court Justice and that he will Thank you, Mr. President. I suggest $1,568, representing an increase of $611 lead the Federal judiciary with honor the absence of a quorum. over last year’s prices and $643 over the and integrity. The PRESIDING OFFICER. The heating season of 2003–2004. The Mort- My third criteria: Will John Roberts clerk will call the roll. gage Bankers Association expects steep The assistant legislative clerk pro- be fair and impartial and not an activ- energy costs could increase the number ceeded to call the roll. of missed payments and lost homes be- ist? I want to believe the answer is yes. Mr. SANTORUM. Mr. President, I I do not think it is any secret there ginning later this year. ask unanimous consent that the order are Members of this body, including Yesterday, the State energy directors for the quorum call be rescinded. myself, who were and still are in dis- released a survey about the choices The PRESIDING OFFICER (Mr. COR- agreement with some of President Rea- that LIHEAP households make when NYN). Without objection, it is so or- gan’s domestic policies, especially per- dered. they face unaffordable energy bills. Of taining to civil rights. (The remarks of Mr. SANTORUM per- course, LIHEAP is the Low-Income I, of course, was not in the Senate taining to the introduction of S. 1750 Heating Assistance Program that we during the 1980s, and being a few years are printed in today’s RECORD under have authored and supported for many younger than Mr. Roberts, I was still in ‘‘Statements on Introduced Bills and years in Congress. LIHEAP assists low- school when he was starting his legal Joint Resolutions.’’) income Americans and seniors to en- career. I do not agree with many of the Mr. SANTORUM. I yield the floor sure they can face these prices. opinions Mr. Roberts expressed in his and suggest the absence of a quorum. According to the survey by the State memos while serving in the Office of The PRESIDING OFFICER. The energy directors, 73 percent of the the U.S. Attorney General, but I can clerk will call the roll. households surveyed reported they re- say that as a lawyer I have taken posi- The assistant legislative clerk pro- duce expenses for other necessities be- tions that were not my own but were ceeded to call the roll. cause they do not have enough money my client’s. Mr. REED. Mr. President, I ask unan- to pay for their energy bills. These I can also say that time has a way of imous consent that the order for the other necessities are food, prescription changing a man. It is my hope that quorum call be rescinded. drugs, rent, or mortgage payments. In

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10365 fact, one in five LIHEAP households re- Second, we need to invest in energy billions of dollars from the Federal ported they went without food at least efficiency. The Weatherization Assist- Treasury. 1 day over the last 5 years due to ance Program is vital to these efforts. The American public deserves greater unaffordable energy bills. Twenty-four The Weatherization Assistance Pro- accountability to ensure oil companies percent used their stove or oven to pro- gram has weatherized 5.3 million are not engaging in anticompetitive vide heat because they could not fill homes in the United States during its behavior, such as closing down refining the tanks to provide heat. history, including 30,500 in my State of capacity to drive up prices. On Monday, I visited the home of Rhode Island. The program, on aver- Hurricane Katrina demonstrated the Aram Ohanian, an 88-year-old veteran age, saves families $274 per year and re- economic, social, and racial divides who lives in Rhode Island and whose duces heating bills by 31 percent. that exist in America. As a nation, we monthly income consists of $779 in So- Rhode Island’s program alone has must step back and reevaluate our pri- cial Security payments. Money is so saved the United States an equivalent orities. Now is not the time to cut tight that Mr. Ohanian sometimes eats of 43 days’ worth of oil consumption, or funding for or underfund social pro- at his daughter’s house or goes to a an equivalent of 81 days of gas con- grams, such as LIHEAP, Medicaid, and local soup kitchen for food. He also sumption over the course of the life of food stamps, that support working gets help from a local food bank. Last this program. families and seniors while the Presi- year, Mr. Ohanian received a total of Now is the time to expand this and dent proposes tax breaks for casinos, as $600 in LIHEAP grants to help him other energy efficiency programs to the Washington Post reported this keep his home safe and warm. But even serve these families. This is one of morning. We must prioritize, and the with that assistance, he had to close those programs that benefits not only most vulnerable amongst us must be off parts of his house to reduce energy individuals of the family by keeping considered first. costs. them warm, by saving them money, Hurricane Katrina upset the lives of In communities throughout this Na- but collectively benefits this country millions, displacing families from their tion, Mr. Ohanian’s story repeats itself. because one of our great problems is homes and inflicting severe economic The warning has been issued. We know our accelerating demand for energy damage. The people of the gulf region that prices for energy products are on which drives up prices. If we can con- deserve our continued support as they the rise. We can all foretell the next trol that demand, if we can be more ef- rebuild, and as Hurricane Rita threat- disaster facing American families. The ficient in the use of energy, we can go ens the gulf coast of Texas, we must question is, What will we do to protect a long way to help moderate the prices also be prepared to help those Ameri- these Americans from this upcoming of energy that we face. cans affected in its wake. energy storm? In America—one of the wealthiest We cannot, however, forget the mil- We saw the most vulnerable Ameri- nations in the world—no family should lions of Americans who struggle each cans overwhelmed by rising waters in have to choose between heating their day to make ends meet. They also de- New Orleans. If we do nothing, we can home and putting food on the table for serve our support. I hope the President see other vulnerable Americans over- their child. No senior citizen should and the Congress will heed this warn- whelmed by rising energy prices this have to decide to either buy lifesaving ing and help build an energy safety net winter. prescription drugs or pay their electric for all Americans beginning with ade- First, Senator COLLINS and I, joined bill. But, unfortunately, our Nation’s quate funding for LIHEAP, increasing by 39 colleagues, are calling on the most vulnerable households—working investment in weatherization, passing President and Congress to support $1.3 families, seniors living on fixed in- sensible legislation such as the Cant- billion in emergency LIHEAP funding comes, and disabled individuals—have well bill, and revisiting our overall en- in the comprehensive supplemental ap- to make those very choices. ergy policy to make a stronger, more propriations package for Hurricane Third, we need to pass Senator CANT- fair, and a more decent place for all of Katrina. This funding will provide our WELL’s Energy Emergency Consumer us. Nation’s most vulnerable low-income Protection Act, of which I am a co- Mr. President, I yield the floor. I families, seniors, and disabled individ- sponsor. The legislation would ban note the absence of a quorum. uals with affordable energy this winter. price gouging at the gas pump in the The PRESIDING OFFICER. The This is the additional funding—let me wake of natural disasters, such as Hur- clerk will call the roll. stress additional funding—needed for ricane Katrina, and would empower The legislative clerk proceeded to LIHEAP to maintain the purchasing Federal regulators to ensure greater call the roll. power it had last year. This money is market transparency and go after mar- Mr. DAYTON. Mr. President, I ask on top of the $3 billion we are seeking ket manipulation of oil and gas prices unanimous consent the order for the for the LIHEAP State grant program on an everyday basis. quorum call be rescinded. in the fiscal year 2006 Labor-HHS ap- The administration also must begin The PRESIDING OFFICER. Without propriations bill; the regular LIHEAP to rethink its bankrupt energy poli- objection, it is so ordered. The Senator funding, if you will. cies. Reliable, affordable energy is crit- from Minnesota is recognized. States are bracing for a crisis caused ical to the social and economic well- Mr. DAYTON. I thank the Chair. by the lack of affordable energy, and being of our Nation. Total energy (The remarks of Mr. DAYTON per- this funding will ensure low-income spending for the Nation this year will taining to the introduction of S. 1756 families and seniors have warm homes approach $1 trillion, 24 percent higher are located in today’s RECORD under this winter. than in 2004. Energy will claim the big- ‘‘Statements on Introduced Bills and Last year, a Rhode Islander receiving gest share of U.S. output since the end Joint Resolutions.’’) $400 in LIHEAP funds could buy ap- of the oil crisis 20 years ago. This is Mr. DAYTON. Mr. President, I sug- proximately 235 gallons of heating oil, not good energy policy. gest the absence of a quorum. almost a full tank. At $2.60 a gallon, Americans deserve a better energy The PRESIDING OFFICER. The $400 will only buy about 150 gallons of bill than the one President Bush signed clerk will call the roll. oil, a little over half a tank, which this summer. They deserve an energy The legislative clerk proceeded to might only last about 21⁄2 weeks. And, bill that raises fuel efficiency stand- call the roll. indeed, the $2.60 price in Rhode Island ards and provides for oil savings, an en- Mr. OBAMA. Mr. President, I ask is a hard price to find now from oil ergy bill that invests valuable tax dol- unanimous consent that the order for dealers. lars—those currently being handed out the quorum call be dispensed with. Rhode Island’s LIHEAP program esti- unnecessarily to oil and gas compa- The PRESIDING OFFICER. Without mates the State needs $21 million to nies—into the development of renew- objection, it is so ordered. serve the 27,000 households it helped able fuels and energy efficiency. f last year. I urge all of my colleagues to Oil and natural gas companies are join Senator COLLINS and me to sup- making record profits while energy NOMINATION OF JOHN ROBERTS port our efforts to secure $4.3 billion prices are overcoming workers’ salary Mr. OBAMA. Mr. President, thank for LIHEAP funding this winter. increases. These companies do not need you very much.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10366 CONGRESSIONAL RECORD — SENATE September 22, 2005 First of all, let me congratulate Sen- adherence to legal precedent and rules the decisions in which he will undoubt- ator SPECTER and Senator LEAHY for of statutory or constitutional con- edly participate during his tenure on moving the process of confirming the struction will dispose of 95 percent of the Court, I ultimately have to give nomination of Judge Roberts along the cases that come before a court, so more weight to his deeds and the over- with such civility, a civility that I be- that both a Scalia and a Ginsburg will arching political philosophy that he lieve speaks well of the Senate. arrive at the same place most of the appears to have shared with those in Let me also say that I remain dis- time on those 95 percent of the cases— power than to the assuring words that tressed that the White House during what matters on the Supreme Court is he provided me in our meeting. this confirmation process, which over- those 5 percent of cases that are truly The bottom line is this: I will be vot- all went smoothly, failed to provide difficult. In those cases, adherence to ing against John Roberts’ nomination. critical documents as part of the precedent and rules of construction and I do so with considerable reticence. I record that could have provided us interpretation will only get you hope that I am wrong. I hope that this with a better basis to make our judg- through the 25th mile of the marathon. reticence on my part proves unjustified ment with respect to the nomination. That last mile can only be determined and that Judge Roberts will show him- This White House continues to stymie on the basis of one’s deepest values, self to not only be an outstanding legal efforts on the part of the Senate to do one’s core concerns, one’s broader per- thinker but also someone who upholds its job. I hope with the next nominee spectives on how the world works, and the Court’s historic role as a check on who comes up for the Supreme Court the depth and breadth of one’s empa- the majoritarian impulses of the execu- that the White House recognizes that thy. tive branch and the legislative branch. in fact it is its duty not just to the In those 5 percent of hard cases, the I hope that he will recognize who the Senate but to the American people to constitutional text will not be directly weak are and who the strong are in our make sure we can thoroughly and ade- on point. The language of the statute society. I hope that his jurisprudence is quately evaluate the record of every will not be perfectly clear. Legal proc- one that stands up to the bullies of all single nominee who comes before us. ess alone will not lead you to a rule of ideological stripes. Having said that, the decision with decision. In those circumstances, your Let me conclude with just one more respect to Judge Roberts’ nomination decisions about whether affirmative comment about this confirmation proc- has not been an easy one for me to action is an appropriate response to ess. make. As some of you know, I have not the history of discrimination in this I was deeply disturbed by some state- only argued cases before appellate country or whether a general right of ments that were made by largely courts but for 10 years was a member of privacy encompasses a more specific Democratic advocacy groups when the University of Chicago Law School right of women to control their repro- ranking member Senator LEAHY an- faculty and taught courses in constitu- ductive decisions or whether the com- nounced that he would support Judge tional law. Part of the culture of the merce clause empowers Congress to Roberts. Although the scales have University of Chicago Law School fac- speak on those issues of broad national tipped in a different direction for me, I ulty is to maintain a sense of concern that may be only tangentially am deeply admiring of the work and collegiality between those people who related to what is easily defined as the thought that Senator LEAHY has hold different views. What engenders interstate commerce, whether a person put into making his decision. The respect is not the particular outcome who is disabled has the right to be ac- knee-jerk unbending and what I con- that a legal scholar arrives at but, commodated so they can work along- sider to be unfair attacks on Senator rather, the intellectual rigor and hon- side those who are nondisabled—in LEAHY’s motives were unjustified. Un- esty with which he or she arrives at a those difficult cases, the critical ingre- fortunately, both parties have fallen decision. dient is supplied by what is in the victim to this kind of pressure. Given that background, I am sorely judge’s heart. I believe every Senator on the other tempted to vote for Judge Roberts I talked to Judge Roberts about this. side of the aisle, if they were honest, based on my study of his re´sume´, his Judge Roberts confessed that, unlike would acknowledge that the same conduct during the hearings, and a con- maybe professional politicians, it is unyielding, unbending, dogmatic ap- versation I had with him yesterday not easy for him to talk about his val- proach to judicial confirmation has in afternoon. ues and his deeper feelings. That is not large part been responsible for the kind There is absolutely no doubt in my how he is trained. He did say he doesn’t of poisonous atmosphere that exists in mind Judge Roberts is qualified to sit like bullies and has always viewed the this Chamber regarding judicial nomi- on the highest court in the land. More- law as a way of evening out the playing nations. It is tempting, then, for us on over, he seems to have the comport- field between the strong and the weak. this side of the aisle to go tit for tat. ment and the temperament that makes I was impressed with that statement But what I would like to see is for all for a good judge. He is humble, he is because I view the law in much the of us to recognize as we move forward personally decent, and he appears to be same way. The problem I had is that to the next nominee that in fact the respectful of different points of view. It when I examined Judge Roberts’ record issues that are confronted by the Su- is absolutely clear to me that Judge and history of public service, it is my preme Court are difficult issues. That Roberts truly loves the law. He personal estimation that he has far is why they get up to the Supreme couldn’t have achieved his excellent more often used his formidable skills Court. The issues facing the Court are record as an advocate before the Su- on behalf of the strong in opposition to rarely black and white, and all advo- preme Court without that passion for the weak. In his work in the White cacy groups who have a legitimate and the law, and it became apparent to me House and the Solicitor General’s Of- profound interest in the decisions that in our conversation that he does, in fice, he seemed to have consistently are made by the Court should try to fact, deeply respect the basic precepts sided with those who were dismissive of make certain that their advocacy re- that go into deciding 95 percent of the efforts to eradicate the remnants of ra- flects that complexity. These groups on cases that come before the Federal cial discrimination in our political the right and left should not resort to court—adherence to precedence, a cer- process. In these same positions, he the sort of broad-brush dogmatic at- tain modesty in reading statutes and seemed dismissive of the concerns that tacks that have hampered the process constitutional text, a respect for proce- it is harder to make it in this world in the past and constrained each and dural regularity, and an impartiality and in this economy when you are a every Senator in this Chamber from in presiding over the adversarial sys- woman rather than a man. making sure that they are voting on tem. All of these characteristics make I want to take Judge Roberts at his the basis of their conscience. me want to vote for Judge Roberts. word that he doesn’t like bullies and he Thank you very much, Mr. President. The problem I face—a problem that sees the law and the Court as a means I suggest the absence of a quorum. has been voiced by some of my other of evening the playing field between The PRESIDING OFFICER. The colleagues, both those who are voting the strong and the weak. But given the clerk will call the roll. for Mr. Roberts and those who are vot- gravity of the position to which he will The bill clerk proceeded to call the ing against Mr. Roberts—is that while undoubtedly ascend and the gravity of roll.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10367 The PRESIDING OFFICER. In my they voluntarily organized themselves America is a family. And we pull to- capacity as a Senator from the State of to head to the Gulf Coast to offer their gether in times of need. And we will Texas, I ask unanimous consent that help. grow closer, stronger and more com- the order for the quorum call be re- I met Knox County volunteers from passionate as we confront the chal- scinded. my home State who had been flying lenges ahead. Without objection, it is so ordered. helicopter missions for days. f I saw a constant stream of people f PATRICIA LYNCH pitching in, helping out, and providing RECESS SUBJECT TO THE CALL OF spiritual and material comfort. Mr. REID. Mr. President, I rise to THE CHAIR The bill we passed vitally supports pay tribute to Patricia Lynch and to The PRESIDING OFFICER. In my and rewards this tremendous charity. recognize the contributions of Ms. capacity as a Senator from the State of It recognizes that every sector of Lynch to the State of Nevada. Patricia Texas, I ask unanimous consent that civic life is engaged in the massive re- Lynch was first elected Reno City At- the Senate stand in recess subject to covery effort. torney in 1987 and is currently serving the call of the Chair. For example, families who are hous- her fifth term. She is a tremendous There being no objection, the Senate, ing hurricane survivors will be eligible asset to our community and Nation. at 6:44 p.m., recessed subject to the call to receive a personal tax exemption of For the past 20 years Ms. Lynch has of the Chair and reassembled at 7:06 $500 for every Katrina victim they take demonstrated a commitment to public p.m. when called to order by the Pre- in. service. She has performed countless siding Officer (Mr. ALLEN). The bill encourages even more cash hours of service to communities in The PRESIDING OFFICER. In my donations by waiving the income limits northern Nevada and helped to coordi- capacity as a Senator from the Com- that are otherwise discouraging. nate and direct the efforts of local monwealth of Virginia, I suggest the The Grassley-Baucus package also re- charitable organizations. absence of a quorum. The clerk will wards contributions from the business Patricia began her career in public call the roll. sector. service as a legislative assistant to The legislative clerk proceeded to Katrina is estimated to have swept Representative John E. Moss from 1975 call the roll. away 400,000 jobs. Under this bill, com- to 1977 in the United States House of Representatives; she is a current mem- Mr. FRIST. Mr. President, I ask panies that hire displaced workers are ber of the board of directors of the unanimous consent that the order for eligible to receive a Working Oppor- John E. Moss Foundation. the quorum call be rescinded. tunity Tax Credit of up to $2400 per em- The PRESIDING OFFICER. Without Patricia has also demonstrated un- ployee. wavering commitment to protecting objection, it is so ordered. Hundreds of schools are also in des- f the rights of women. She is a founding perate need of extra school books for member and 1993 president of Northern HURRICANE TAX RELIEF the wave of displaced students coming Nevada Women Lawyers Association. Mr. FRIST. Mr. President, last night through their doors. Her membership on Nevada statewide we cleared by unanimous consent the Under this legislation, companies can boards includes the Nevada Prosecu- Grassley-Baucus Hurricane Tax Relief receive an enhanced deduction for do- tion Advisory Council, Nevada Domes- package. nating books until the new year. Food tic Violence Prevention Council, and In the wake of Hurricane Katrina— donations will also receive an enhanced the Nevada Commission on Domestic and with Hurricane Rita now bearing deduction. Violence. down—this legislation is sorely needed. As another way to promote cash do- In addition to her local and civic con- I want to thank Senator GRASSLEY, nations, the bill increases by 50 percent tributions, Patricia has served as an Senator BAUCUS and Senator LOTT for the amount of cash contributions a ambassador for the United States with- their hard work and leadership to get company can deduct. in the international legal community. immediate assistance to the hurricane The Grassley-Baucus package also of- She is a member of the World Jurist victims. fers help to the hurricane victims, Association, WJA, and has presented All of America is pulling together to themselves, in both time and money. papers at WJA conferences in Kiev, support the people of Alabama, Lou- It allows families to dip into their re- Ukraine in 1998 and Budapest, Hungary isiana, and Mississippi. tirement funds without penalty so that in 1999. She has also served as the mod- Since Hurricane Katrina devastated they can make ends meet while they erator for local government law panels the Gulf Coast, Americans from all struggle to regain their footing. at WJA conferences in Budapest, Hun- walks of life, from all across the coun- It also makes sure that if a mortgage gary in 1999, Dublin, Ireland in 2001, try, have poured out their hearts to company or credit card company, for and Adelaide, Australia in 2003. In Jan- help. example, decides to forgive a loan or a uary 2003, Patricia participated in In just 3 weeks, private citizens and debt, there won’t be any income tax hosting the City Planner from Kabul, businesses have donated hundreds of due on that amount. Afghanistan in a tour of wastewater millions of dollars to assist in the re- Another important provision of the and drinking water facilities in Reno, lief and recovery effort. bill is its extension of time. NV. Schools across the country are open- All of these families need time to I hope you will join with me in hon- ing their doors to the thousands of dis- find a place to live, to get a job, to get oring the outstanding achievements of placed students. back on their feet and rebuild their Patricia Lynch and the selfless life she Communities are taking up collec- lives. chose. To help ease the pressure, people tions of blankets, clothes, toys, and f food. whose homes are located in the presi- Families are literally opening their dentially-declared disaster area will THIRD ANNUAL CONGRESSIONAL homes to shelter and comfort the sur- have up to 5 years to purchase new CONFERENCE ON CIVIC EDUCATION vivors. property. Mr. REID. Mr. President, Justice In the past three weeks, I’ve had the Their tax filing deadline will be ex- Louis Brandeis once said, ‘‘The only opportunity to see, firsthand, Amer- tended until February of next year. title in our democracy superior to that ica’s compassion at work. These are only first steps. But of President is the title of citizen.’’ In the first week after the hurricane they’re important first steps that lift This statement illustrates the para- hit, I traveled to the gulf to do volun- some of the pressure on these trauma- mount importance that the citizen teer medical work. I flew to the New tized families. plays within these United States. And, Orleans airport and met up with med- I want to assure these good people as such, we must continue to learn and ical colleagues I know from Vanderbilt that the United States Senate remains teach what it means to be a good cit- and Boston. hard at work and focused on helping izen. Many had been so moved by the sto- them recover. We are committed to the ‘‘Civic education’’ is the term used to ries they saw and read in the news that well being of our fellow citizens. describe the transmitting of knowledge

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10368 CONGRESSIONAL RECORD — SENATE September 22, 2005 and skills necessary for people to be- tude to the many educators and State Collette Educational Resource Center; Mr. come responsible citizens. And our de- delegations that make this conference Ed Freel, Director of Policy, University of mocracy is sustained and strengthened possible. We thank them for their time Delaware, IPA; Mr. Fran O’Malley, Delaware when our citizens have these skills and and commitment to this important en- Social Studies Education Project, University of Delaware. tools. In fact, there is no more impor- deavor. We look forward to learning District of Columbia: Ms. Deborah Foster, tant or urgent task than preparing this about their ideas and hearing of the State Facilitator; Honorable Royce and future generations of Americans to progress made at next year’s con- Lamberth, Judge, U.S. District Court; Doug maintain our democracy. ference. Alexander, Newspapers in Education Coordi- To advance the continuing impor- Among those delegates who are in nator, Washington Times; Ms. Carla Cart- tance of civic education, I am pleased Washington, DC, are the following, wright, Attorney, McKee, Nelson, LLP; Mr. to announce that the Joint Leadership whose names I ask unanimous consent John Cruden, President District of Columbia of the Congress of the United States to have printed in the RECORD. Bar Association; Ms. Jacquelyn Davis, Exec- There being no objection, the mate- utive Director, New Leaders for New will host the Third Annual Congres- Schools. sional Conference on Civic Education rial was ordered to be printed in the Florida: Ms. Annette Boyd Pitts, State on September 24–26 here in Wash- RECORD, as follows: Facilitator; Honorable Barbara Pariente, ington, DC. Alabama: Ms. Janice A. Cowin, State Chief Justice, Supreme Court of Florida; Mr. The Congressional Conference on Facilitator; Ms. Rebecca Beaty, Executive John Doyle, Director, Division of Social Civic Education will bring together Director, The American Village Citizenship Sciences, Dade County Public Schools; Ms. Trust; Representative Priscilla Dunn, Ala- Dianne Wheatley Gilotti, President, Florida educators and experts from all across bama House of Representatives; Dr. Ethel the country who work to promote civic League of Women Voters; Ms. Levon Terrell, Hall, Vice-President, Alabama State Board Social Studies Program Specialist, FL Dept. education and civic engagement at the of Education; Dr. William P. Collins, Pro- of Education; Honorable Peggy A. Quince, state and local levels. I am pleased to fessor, Samford University. Justice, Supreme Court of Florida; Ms. Mary serve as honorary host for the con- Alaska: Ms. Mary Bristol, State Chiles, Office of U.S. Senator Bill Nelson. ference, along with Majority Leader Facilitator; Mr. Macon Roberts, Treasurer, Georgia: Anchorage School Board; Dr. Carl F. N. FRIST, Speaker HASTERT, and Leader Ms. Mary Stakes, State Facilitator; Rep- Rose, Executive Director, Association of resentative David Casas, Georgia House of PELOSI. Alaska School Boards; Ms. Krista Scully, The 2005 Congressional Conference on Representatives; Dr. Bill Cranshaw, Social Pro Bono Director, Alaska Bar Association; Studies Program Specialist; Mr. Eddie Ben- Civic Education will emphasize the Mr. David Baranow, Chair, Law Related Edu- nett, Social Studies Supervisor, Cobb County state of civic education in America. In cation Committee, Alaska Bar Association. Public Schools; Mr. William Cheeks, Busi- an effort to restore the civic mission of Arizona: Senator Tim Bee, State nessman; Senator Daniel Weber, Georgia schools, each State is working on cre- Facilitator, Majority Leader, Arizona Sen- State Senate; Ms. Shalynda Warren, Re- ating a plan to promote civic education ate; Mrs. Lynda Rando, Assistant State gional Voting Education Coordinator. Facilitator; Representative Mark Anderson, and engagement. Conferees will work Hawaii: Representative Lyla Berg, State Arizona House of Representatives; Ms. Kath- Facilitator, Hawaii House of Representa- to build upon these foundations built leen Williams, Retired Teacher, Mesa by participants and State delegations tives; Mr. Robert McClelland, Planning and Schools; Senator Linda Gray, Arizona State Evaluation, Hawaii State Department of from the past two conferences. Senate; Mr. Jeffrey Schrade, Director, LRE, Education; Senator Norm Sakamoto, Hawaii The Congressional Conference on Arizona Foundation for Legal Services & State Senate Representative; Roy Takumi, Education; Representative Jennifer Burns, Civic Education is the third of five an- Hawaii House of Representatives; Mr. Roger Arizona House of Representatives. nual conferences planned to focus pub- Takabayashi, President, Hawaii State Arkansas: Ms. Barbara Patty, State lic attention on the state of civic edu- Facilitator; Representative Betty Pickett, Teacher’s Association. Idaho: Dr. Dan Prinzing, State Facilitator cation in America’s public schools. Arkansas House of Representatives; Ms. Su- Justice; Linda Copple Trout, Idaho Supreme This conference is sponsored by the zanne McPherson, Director of Special Pro- Court; Mrs. Parra Byron, Education Policy nonpartisan Alliance for Representa- grams, Van Buren School District; Mr. Advisor, Office of the Governor; Dr. Marilyn tive Democracy, and consists of the Frank Smith, Social Studies Supervisor, Pu- laski County Schools; Ms. Margaret Herrick, Howard, State Superintendent of Public In- National Conference of State Legisla- struction; Ms. Linda Clark, Superintendent, tures, the Center on Congress at Indi- Social Studies Specialist, Arkansas Depart- ment of Education. Meridian Schools. ana University and the Center for Civic California: Mr. Roy Erickson, State Illinois: Dr. Patton Feichter, State Education. Through an act of Congress, Facilitator; Mr. David W. Gordon, Sac- Facilitator; Dr. Darlene Ruscitti, Regional the Alliance is funded by the Depart- ramento County Superintendent of Schools; Superintendent, DuPage County Schools; Dr. ment of Education. Mrs. Michelle Herczog, Consultant, Los An- Carolyn Pereira, Executive Director, Con- I am honored to recognize the work geles County Office of Education; Mr. Todd stitutional Rights Foundation Chicago; Dr. Clark, Executive Director, Constitutional Steven Klein, State Coordinator, Law Re- of the Nevada delegation. The Nevada lated Education, Elgin School District; Rep- Campaign for the Civic Mission of Rights Foundation. Dr. Darline Robles, Su- perintendent, Los Angeles County Office of resentative Suzanne Bassi, Illinois House of Schools is building on the previous suc- Education; Mr. Gary K. Hart, Institute for Representatives; Representative William cess of the Nevada Commission on Education Reform, California State Univer- Davis, Illinois House of Representatives; Mr. Participatory Democracy. The Nevada sity; Mr. Michael Hulsizer, Administrator, Jesse Ruiz, Chairman, Illinois State Board of Campaign has completed a benchmark Kern County Superintendent of Schools; Mr. Education. survey regarding the state of civic edu- Michael Ricketts, Chief Consultant, Cali- Indiana: Mr. Peter Bomberger, State fornia Assembly Committee on Education; Facilitator; Dr. John Patrick, Indiana Uni- cation in the State and is planning the versity; Dr. Suellen Reed, Superintendent of First Nevada Civic Education Summit Ms. Julie Sauls, Chief of Staff, Office of As- semblyman Kevin McCarthy; Dr. William Public Instruction, Indiana Department of for this December. Thanks to the ef- Cirone, County Superintendent, Santa Bar- Education; Senator Theresa Lubbers, Indi- forts of congressional conference dele- bara County. ana State Senate; Representative Robert gate, Senator Valerie Wiener, a resolu- Colorado: Ms. Barbara Miller, State Behning, Indiana House of Representatives; tion was passed by the Nevada Legisla- Facilitator; Mrs. Maria Garcia-Berry, Presi- Mr. Dennis Lee, Birmingham & McHale Law ture this year supporting efforts of the dent, CRL Associates; Representative David Firm; Ms. Jill Baisinger, Social Studies Co- Nevada Department of Education in in- Balmer, Colorado General Assembly; Senator ordinator, Indiana Department of Education. Iowa: Mr. Jason Follett, State Facilitator; creasing the role of civics in the Ne- Sue Windels, Colorado General Assembly; Ms. Jill Conrad, Director, Colorado Canopy; Senator Paul McKinley, Iowa State Senator; vada schools curriculum. Dr. Jane Urschel, Associate Executive Direc- Ms. Dianne Bystrom, Iowa State University. I find it particularly appropriate that tor, Colorado Association of School Boards. Kansas: Ms. Lynn Stanley, State the Congressional Conference on Civic Connecticut: Dr. James Schmidt, State Facilitator; Mr. Paul Stuewe, Teacher, Law- Education convenes this week. Just Facilitator; Ms. Sheila McKay, Government rence High School; Dr. Dan C. Yunk, CEO, last week, on September 17, we ob- Relations, Connecticut Association of Boards Kansas Fann Bureau; Mr. Rick Reed, Educa- served Constitution Day, celebrating of Education; Ms. Mary Skelly, Social Stud- tor, McPherson High School; Dr. Randall the brilliance of our founding docu- ies Coordinator, Vocational-Technical Watson, Superintendent, McPherson School School System; Ms. Martha Press, Super- District; Senator Roger Retiz, Kansas State ment and the essential role citizens visor of Social Studies, Stratford Public Senate. play in our democracy. Schools. Kentucky: Dr. Deborah Williamson, State I am sure that the congressional Delaware: Mr. Lewis Huffman, State Facilitator; Honorable Trey Grayson, Sec- leadership joins me in expressing grati- Facilitator; Mr. Reginald Greenwald, retary of State of Kentucky; Ms. Natalie

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10369 Stiglitz, Social Studies Coordinator, Ken- State Senate; Assemblywoman Bonnie Par- Director, Classroom Law Project; Represent- tucky Department of Education; Ms. Robin nell, Nevada Assembly; Mr. Steve George, ative Linda Flores, Oregon House of Rep- Chandler, Branch Manager, Kentucky De- Public Information Officer, Office of the Sec- resentatives; Ms. Kathleen Cornett, Oregon partment of Education; Representative retary of State; Dr. Keith Rheault, Nevada Community Foundation; Ms. Cynthia Guyer, Tanya Pullin, Kentucky House of Represent- Superintendent of Schools. Executive Director, Portland Schools Foun- atives; Ms. Polly Page, Northern Kentucky New Hampshire: Mr. Mica B. Stark, New dation. University; Senator Jack Westwood, Ken- Hampshire Institute of Politics, State Pennsylvania: Ms. Stephanie McKissic, tucky State Senate. Facilitator; Ms. Debby Scire, Executive di- State Facilitator; Ms. Sue Perrotty, Chief of Louisiana: Ms. Maria Yiannopoulos, State rector, Campus Compact, New Hampshire; Staff, First Lady of Pennsylvania; Rep- Facilitator; Senator Gerald Theunissen, Lou- Mr. Kenneth Relihan, Social Studies Con- resentative Dwight Evans, Pennsylvania isiana Senate; Mr. E. Wade Shows, Attorney sultant, New Hampshire Department of Edu- House of Representatives; Ms. Sabrina Hollo- at Law. cation; Ms. Debra Hamel, New Hampshire way, Office of Representative Dwight Evans; Maine: Mr. Patrick Phillips, State State Board of Education. Mr. Jeffrey Zeiders, Pennsylvania Depart- Facilitator; Kala Clark, Legislative Youth New Jersey: Ms. Arlene Gardner, State ment of Education; David Trevaskis, Execu- Advisory Board; Kathryn Hunt, University of Facilitator; Ms. Debra Casha, Vice Presi- tive Director LEAP Kids PA. Maine; Theodore Sharp, Superintendent of dent, New Jersey State Board of Education; Rhode Island: Mr. Michael Trofi, State Schools, Gorham, ME; Representative Ste- Mr. Phillip Brown, Center for Character Edu- Facilitator; Mr. James Parisi, Rhode Island phen Bowen, Maine House of Representa- cation at Rutgers; Mr. Ramon De La Cruz, Federation of Teachers & Health Profes- tives. Director, Division of Elections, Office of the sionals; Representative Edwin Pacheco, Maryland: Ms. Marcie Taylor-Thoma, Attorney General; Assemblyman Craig A. Rhode Island General Assembly; Senator State Facilitator; Ms. Sharon Cox, Presi- Stanley, New Jersey General Assembly. Juan Pichardo, Rhode Island General Assem- dent, Montgomery County Board of Edu- New Mexico: Ms. Dora Marroquin, State bly; Representative Hanna Gallo, Rhode Is- cation; Delegate David Rudolph, Maryland Facilitator, Secretary Rebecca Vigil-Giron, land General Assembly. House of Delegates; Mrs. Julie Ayers, Stu- New Mexico Secretary of State; Patricia South Carolina: Ms. Beth DeHart, South dent Learning Specialist, Maryland State Concannon, Social Studies Consultant, New Carolina Bar Association; Mr. James Bryan, Department of Education; Senator Gwen- Mexico Department of Education; Ms. Jen- Social Studies Coordinator; Senator Robert dolyn Britt, Maryland General Assembly. nifer MacDonald, Curriculum Director; Rep- Hayes, South Carolina State Senate; Dr. Massachusetts: Ms. Diane Palmer, State resentative; Teresa Zanetti, New Mexico Paul Home, Director of Curriculum and Pro- Facilitator; Senator Richard T. Moore, Mas- House of Representatives; Ms. Leah Gutier- gram Review, Education Oversight Com- sachusetts Senate; Mr. Sheldon Berman, Su- rez Wier Instructional Manager, Albuquerque mittee; Mr. Matthew Gates, Staff Attorney perintendent, Hudson Public Schools; Ms. Public Schools. SC House of Representatives; Senator John Susan Wheltle, Director, Office for the Hu- New York: Dr. Stephen Schechter, State W. Matthews, South Carolina State Senate. South Dakota: Dr. John Lyons, State manities, Massachusetts Department of Edu- Facilitator; Ms. Rita Lashway, Deputy Exec- Facilitator; Representative Gerald Lange, cation; Mr. Roger Desrosiers, Social Studies utive Director, New York State School South Dakota House of Representatives; Teacher, Millbury High; School Representa- Boards Association; Dr. John Bierwirth, Su- Mrs. Glena Fouberg, President, State Board tive Michael Rush, Massachusetts House of perintendent, Herricks Union Free School of Education; Representative Keri Weems, Representatives. District; Mr. Carl Onken, President Elect, South Dakota House of Representatives; Ms. Michigan: Ms. Linda Start, State New York State School Boards Association; Patty Pearson, Executive Director, Kids Facilitator; Mr. Chris Siebenmark, Office of Ms. Deborah Shayo, Director, Law, Youth & Voting South Dakota. Senator Ron Jelinek; Mrs. Kathleen Straus, Citizenship Program, New York State Bar Tennessee: Ms. Janis Kyser, State President, State Board of Education; Rep- Assn.; Mr. Timothy Backus, Supervisor, So- Facilitator; Dr. Ashley Smith, President, resentative Hoon-Yung Hopgood, Michigan cial Studies, South Colonie Central School Tennessee Association of Middle Schools; House of Representatives. District. Mr. Bruce Opie, Legislative Liaison, Ten- Minnesota: Ms. Jennifer Bloom, State North Carolina: Ms. Kelley O’Brien, State nessee Department of Education; Mr. Al Facilitator; Ms. Juanita Peterson, 1st Vice Facilitator; Representative Susan Fisher, Mance, Executive Director, Tennessee Edu- President, League of Women Voters Min- North Carolina House of Representatives; cation Association; Ms. Brenda Ables, Social nesota; Ms. Dana Carmichael, Minneapolis Representative Rick Glazier, North Carolina Studies Specialist, Tennessee Department of Public Schools; Senator Jim Greenwalt, House of Representatives; Ms. Margot Education. Minnesota State Senate; Mr. Richard Christensen, North Carolina League of Mu- Texas: Mrs. Jan Miller, State Facilitator; Theisen, Past President, National Council nicipalities; Ms. Mollie Henderson, Social Ms. Patricia Ann Hardy, Texas State Board for the Social Studies. Studies Consultant, North Carolina Depart- of Education; Mr. George Rislov, Managing Mississippi: Dr. Susie Burroughs, State ment of Public Instruction; Ms. Sandra Director, Curriculum Development, Texas Facilitator; Ms. Judith Couey, Curriculum Cook, Newspapers in Education, NC Press Education Agency; Ms. Michelle Ungurait, Director, Mississippi Department of Edu- Foundation. Director of Social Studies, Curriculum Divi- cation; Dee Chambliss, Assistant Secretary North Dakota: Dr. Phil Harmeson, Co- sion, Texas Education Agency; Ms. Mary Lee of State for Education & Publications. State Facilitator; Senator Ray Holmberg, Webeck, Assistant Professor, University of Missouri: Ms. Millie Aulbur, State Co-State Facilitator, North Dakota Senate; Texas at Austin. Facilitator; Ms. Leslye Winslow, Deputy Honorable Wayne Stenehjem, Attorney Gen- Utah: Ms. Kathy Dryer, State Facilitator; Secretary of State for Elections, Office of eral, State of North Dakota; Mr. Neil Howe, Representative LaVar Christensen, Utah the Secretary of State; Mr. Stan Johnson, Director, Division of Independent Study; House of Representatives; Judge Judith Bil- Missouri Department of Elementary and Representative Rae Ann Kelsch, North Da- lings, Utah Court of Appeals; Mr. Ed Dalton, Secondary Education; Senator Gary Nodler, kota House of Representatives; Honorable Member, Utah State Board of Education; Missouri General Assembly; Ms. Melissa Mary Maring, Justice, North Dakota Su- Senator Karen Hale, Utah State Senate; Mr. Randol, Associate Executive Director of preme Court. Alan Griffin, Civic, Character and Service- Law, Missouri School Boards Association; Ohio: Mr. Jared Reitz, State Facilitator; Learning Specialist, Utah State Office of Representative Danielle Moore, Missouri Ms. Linda Petz, Consultant for Social Stud- Education. House of Representatives. ies, Stark Educational Service Center; Rep- Vermont: Vee Gordon, State Facilitator; Montana: Dr. Bruce Wendt, State resentative Dixie Allen, Ohio House of Rep- Secretary Deborah L. Markowitz, Secretary Facilitator; Senator Sam Kitzenberg, Mon- resentatives; Mr. Frank Underwood, Special of State; Mr. Robert Paolini, Executive Di- tana Senate; Ms. Brenda Wahler, Attorney, Projects and Initiatives, Ohio Community rector, Vermont Bar Association; Ms. Janel State of Montana Child and Family Services; Service Council; Ms. Lisa Duty, Education Johnson, Civic Education Coordinator, Office Representative Gary Branae, Montana House Consultant, Ohio Department of Education; of the Secretary of State, State of Vermont; of Representatives; Honorable Linda Ms. Patricia Allen Day, Executive Director, Senator Donald Collins, Vermont State Sen- McCulloch, State Superintendent of Edu- Secondary Education, Dayton Public ate; Mr. William Corrow, Vice-Chairman, cation; Honorable Brad Johnson, Montana Schools. Vermont Board of Education; Representative Secretary of State. Oklahoma: Ms. Lisa Pryor, State Kathy Lavoie, Vermont House of Represent- Nebraska: Mr. Mitch McCartney, State Facilitator; Representative Gary Banz, Okla- atives; Margaret Sanchez, The Vermont Facilitator; Senator DiAnna Schimek, Mem- homa House of Representatives; Ms. Gina Youth Engagement Coalition; Mr. Kevin ber, Nebraska Unicameral Legislature; Joe Wekke, Campus Compact/Academic Affairs, Ryan, Director of Education and Commu- Rowson, Assistant Vice President, Univer- OK State Regents for Higher Education; Rep- nication, Vermont Bar Association. sity of Nebraska; Mr. Ken Meyers, 9th Grade resentative Bill Nations, Oklahoma House of Virginia: Dr. Barbara Parry, Co State Social Studies Teacher, Wilcox-Hildreth Representatives; Dr. Teena Nations, Direc- Facilitator; Dr. Steve Bragaw, Co State High School; Mr. Larry K. Starr, Director of tor, Professional Development, OK Commis- Facilitator; Ms. Beverly Thurston, Spe- Social Science Education, Nebraska Depart- sion on Teacher Preparation; Ms. Jean cialist-History, Social Sciences, Virginia De- ment of Education; Ms. Doris Huffman, Ne- Hendrickson, Executive Director, Oklahoma partment of Education; Delegate James Dil- braska State Bar Foundation. A+ Schools. lard, Virginia General Assembly. Nevada: Ms. Judith Simpson, State Oregon: Ms. Barbara Rost, State Washington: Mrs. Kathy Hand, State Facilitator; Senator Valerie Wiener, Nevada Facilitator; Ms. Marilyn Cover, Executive Facilitator; Mr. Steve Mullin, President,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10370 CONGRESSIONAL RECORD — SENATE September 22, 2005 Washington Roundtable; Representative tect against wolves, hunt bears, and erally as they are prone to pull, will ar- David Upthegrove, Washington House of Rep- even keep the children warm as they rive in Owensboro. For some it will resentatives; Representative Dave Quall, slept. Their endurance and intelligence have been a harrowing journey since Washington House of Representatives; Dr. made the Samoyed dogs prized mem- Hurricane Katrina roared ashore. Shei- Robert Butts, Assistant Superintendent, Of- fice of the Superintendent of Public Instruc- bers of early European expeditions to la and Walter Herrmann, cochairs of tion. the Arctic and Antarctic. the event and residents of Covington, West Virginia: Mrs. Priscilla Haden, State Borchgrevink, Amundsen, and LA, described their hurricane experi- Facilitator, Member, State Board of Edu- Shackleton in the Antarctic, and Nan- ence: Walter and I were hunkered down cation; Delegate Tom Campbell, West Vir- sen and Abruzzi in the Arctic, counted for the storm watching tree after tree ginia House of Delegates; Mr. Ben Beakes, on Samoyeds to explore the extreme fall and a tornado touch down and Chief of Staff, West Virginia Secretary of and then uncharted ends of the Earth. make a disaster of our kennels (the State; Mr. Bill Thomas, West Virginia Legis- The American explorers Fiala and dogs, our own as well as the boarders lative Reference and Information Center; Ms. Regina Scotchie, Social Studies Coordinator, Baldwin also used Samoyed sled teams. were safely crated in the safest portion West Virginia Department of Education. Most of the Samoyeds in England and of our house) talking about the na- Wisconsin: Ms. Dee Runaas, State the United States today are related to tional is what helped us get through it. Facilitator; Dr. Diana Hess, Assistant Pro- sled dogs from those expeditions. Others involved in beating the odds fessor, University of Wisconsin; Honorable Among them was Rex of White Way, and making this event happen include: Elizabeth A. Burmaster, State Super- who was renown as the lead dog on the Pam Barbe, Karen Brooks, Diane intendent; Senator Luther Olsen, Wisconsin U.S. Mail sled team that used to run Dotson, Peggy Green, and Laurie State Senate; Dr. Richard Grobschmidt, As- the 64-mile mail delivery route from sistant State Superintendent, Department of Stone. I would also like to thank Jim Public Instruction; Lindsey Draper, Mil- Ashton, ID, to West Yellowstone, over and Celinda Cheskawich for all their waukee County Children’s Court; Senator the 7000-foot Targhee Pass. Rex was a good work. Robert Jauch, Wisconsin State Senate; Ms. superb canine athlete and hero. He Mr. President, Kentucky and I extend Beth Ratway, Social Studies Consultant, De- even learned to parachute on rescue a warm welcome to the Samoyed Club partment of Public Instruction. missions that retrieved survivors of of America’s 2005 ‘‘Simply Southern’’ Wyoming: Mr. Matt Strannigan, State airplane crashes and a snowbound train National Specialty. Facilitator; Ms. Wendy Madsen, Legislative in the Sierra Nevada Mountains. Al- f Information Officer, Wyoming Legislature; though Samoyeds are a medium-sized Senator Mike Massie, Wyoming State Sen- dog ranging in weight from 35–65 LOCAL LAW ENFORCEMENT ate; Mr. Geoff O’Gara, Member, Member, Wy- ENHANCEMENT ACT OF 2005 oming State Board of Education; Represent- pounds, they are very strong. Rex of ative Rosie Berger, Wyoming House of Rep- White Way broke the world weight-pull Mr. SMITH. Mr. President, I rise to resentatives; Ms. Kristi Wallin, Coordinator, record in 1953 by pulling 1,870 pounds. speak about the need for hate crimes Wyoming Partnership for Civic Education. Samoyeds have been described as ‘‘by legislation. Each Congress, Senator f nature . . . not a quarrelsome dog KENNEDY and I introduce hate crimes though he will stand his ground for legislation that would add new cat- SAMOYEDS STRUT STUFF IN what he feels are his rights. Each Sam- egories to current hate crimes law, OWENSBORO oyed is an individual, even from one sending a signal that violence of any Mr. MCCONNELL. Mr. President, it litter. One will be very attentive and kind is unacceptable in our society. was President Harry Truman who ob- obedient while another may be more Likewise, each Congress I have come to served, half a century ago, that ‘‘if you headstrong and less demanding of af- the floor to highlight a separate hate want a friend in Washington, get a fection as long as he knows the house crime that has occurred in our coun- dog.’’ That is perhaps a little harsh. is his castle when he wants it and he try. Nevertheless, I note that many of my owns you.’’ On January 16, 2005, a man was at- colleagues in the Congress are dog fan- One may detect in that description tacked with broken glass bottles by ciers, and the Senate is a strikingly some symmetry with Senators. two men outside his home in Manhat- dog-friendly workplace. So it is fitting The description goes on: He has a tan, NY. The apparent motivation for that we pay tribute to a renowned peo- keen sense of knowing when you are the attack was the man’s sexual ori- ple-friendly breed of dog: the Samoyed. happy, sad, who really loves him, just entation. Legendary for their beauty, friendly tolerates him, dislikes him and he will I believe that the Government’s first spirit and heroic and historic treks to return his love accordingly. He is a duty is to defend its citizens, to defend the North and South Poles, Samoyeds ‘talky’ dog and with encouragement them against the harms that come out pulled the adventurers of yesteryear to will voice his pleasures and his dis- of hate. The Local Law Enforcement new frontiers. likes. Some enjoy jokes and ham it up Enhancement Act is a symbol that can Several hundred Samoyeds and their when laughed at while others resent it. become substance. I believe that by humans will be pulling into Owensboro, He will speak with his paw or nose. passing this legislation and changing KY, in October for the Samoyed Club of Samoyeds today are still pulling current law, we can change hearts and America’s ‘‘Simply Southern’’ National sleds. They are also skijoring, pulling minds as well. Specialty. While I am pleased that scooters, herding, excelling in agility f these noble dogs and their guardians and obedience trials and otherwise ex- will be visiting the Commonwealth, it emplify the ‘‘Working’’ class of dogs. NOMINATION OF JOHN ROBERTS is, sadly, because of Hurricane As therapy dogs, they bring joy and Mr. NELSON of Nebraska. Mr. Presi- Katrina’s devastation in Biloxi, MS, comfort to people in nursing homes and dent, with the Judiciary Committee’s where the event was originally sched- hospitals. Indeed, at least one Samoyed confirmation hearings all but com- uled to be held. So the SCA Specialty therapy dog that I know of, Gidget plete, I rise today to announce my vote this year is a hurricane evacuee, but in (Salish’s Potomac Fervour), recently on the nomination of Judge John Rob- addition to contributing over $10,000 visited Hurricane Katrina evacuees erts to serve as the 17th Chief Justice from show proceeds to animal rescue in from Gulfport, MS, who are currently and the 116th Justice of the United the devastated region, the organizers residing at the Armed Forces Retire- States Supreme Court. look forward to going back to a rebuilt ment Home here in Washington. She I have come to my decision not in and newly vibrant gulf coast in the fu- teams up with another Samoyed, haste, but with great care and consid- ture. Samantha, in regular visits with chil- eration. Over the history of our Nation, Samoyed dogs were named for the dren at Inova Fairfax Hospital in relatively few Senators have had the semi nomadic tribe which developed northern Virginia. So these are not opportunity to consider the nomina- the breed. Living along the shores of just beautiful dogs, they are hard- tion of a Chief Justice and I recognize the Arctic Ocean, north of Russia and working dogs, doing great work for the honor that accompanies this great Siberia, they were one of the earliest many people around the country. responsibility. tribes of Central Asia. They depended On October 24, hundreds of Samo- Judge Roberts is an extremely well upon their dogs to herd reindeer, pro- yeds, with their humans in tow, lit- qualified nominee. Some have said he

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10371 may be the best nominee ever to the The ‘‘memorandum of under- job well done. He should be proud of his Supreme Court. I am not one that reg- standing’’ included an important sec- work. Cliff is the first American Indian ularly calls on such hyperbole on most tion asking the President to improve artist to sculpt a statue for the Stat- issues, but I can say today that from communications with the Senate on ju- uary Hall Collection. I also thank the what I have seen, I expect Judge Rob- dicial nominees. We asked that he New Mexico Statuary Hall Commission erts to serve with distinction and spend more time on the advice part of and Foundation for all their dedication honor as Chief Justice. I think the the ‘‘advice and consent’’ clause in the and tireless effort in making this en- Court will be enhanced despite the ob- Constitution. deavor a terrific success. vious and measurable impact of the When Associate Justice Sandra Day New Mexico’s first statue in the col- loss to the Court of Chief Justice Wil- O’Connor announced her planned re- lection is that of the late Senator Den- liam Rehnquist. tirement in June, the White House nis Chavez. Unlike Senator Chavez, My record on judicial nominations heeded our recommendation and con- Po’pay was a leader of a different era. speaks for itself. I have supported 213 sulted with a vast majority of Senators Po’pay was a leader among the Pueblo of the 214 district and circuit court before nominating Judge Roberts to people during the latter part of the judges confirmed by the Senate. I voted the Court. That consultation with the 17th century. He united the Pueblos against filibustering judicial nominees Senate certainly diffused some of the and led the Pueblo Revolt of 1680. This twenty-four times. I understand the ex- more extreme partisanship when the revolt made apparent the Pueblo Indi- ecutive branch’s power to appoint Roberts nomination was announced. ans’ desire to maintain their dignity judges—as Nebraska’s Governor I ap- Not all of it, of course, but some of it. and culture—both socially and spir- pointed the entire State Supreme Before the Judiciary Committee itually. The Po’pay-led insurrection Court and Court of Appeals and more began its process, I met personally against the Spanish conquerors was at its core a basic human and American than half the State’s sitting judges. with Judge Roberts. In that meeting he need to challenge oppressors. Yes, As a Senator who pledged to put impressed me. We talked at length there have been incidences of intoler- aside the partisan games to get things about judicial activism and the threat ance in our State’s more than 400-year done in Washington, I was very con- it poses to the Nation. We talked about history. Those early days were hard cerned last year about how a potential settled law. His knowledge of the his- and oftentimes brutal. Wrongs were Senate shutdown due to a stalemate tory of law was impressive. His belief done, and the Pueblo Revolt—rep- over judicial nominations would im- in and dedication to the rule of law was resented with this statue—was the Na- pact legislation important to the Na- apparent and admirable. tive peoples’ response to those hard- tion, and especially my home State of At the outset of the Roberts con- ships. Nebraska. firmation process, I said that I hoped In the end, the Pueblo Revolt served We needed a national energy policy— the gang of fourteen had no role in the as an important lesson for the Span- including the renewable fuels standard process because that would mean the iards, who returned to New Mexico a that would boost ethanol production, a process was working. And it did work. dozen years later. The Pueblo Revolt very strong Nebraska industry. We The Roberts confirmation hearings forever shaped the history of the State needed to complete the Highway bill— were dignified, the questions were of New Mexico and the American with $1.3 billion in road construction tough but appropriate, and the answers Southwest. The result of that uprising funds that will create jobs and boost Judge Roberts provided were as most is still evident today as the Pueblo In- the economy in Nebraska. We needed expected. The hearings were no place dians continue to live a distinct life- to avoid the now annual ‘‘omnibus’’ to overturn law or discuss case spe- style. The Pueblo culture of New Mex- spending bill that made it nearly im- cifics. The hearings did not produce ico draws visitors from around the possible to monitor and control Wash- any disqualifying revelations, nor did I world. The American people should ington spending. Social Security and expect that to happen. take the time to visit and enjoy these Medicare need to be addressed. At the Only time will tell where Judge Rob- ancient cultures that are alive today. time I was concerned about the ongo- erts will come down on the prevailing Their lives give our State its name: ing drought—‘‘Drought David’’ as I legal matters that come before the ‘‘The Land of Enchantment.’’ called it to bring attention to it—that Roberts Court. I can only take him at My own life has been made richer by is ravaging our agricultural sector in his word that he will approach his role my many Indian friends. My lifelong Nebraska and across the Nation. We on the Court without a predetermined friend, Herman Agoyo, and his beau- had no idea the wrath and destruction agenda, without activism, and with tiful family are with us today. As well that Hurricane season would bring to only the intention to balance the noted in the history of this event, Her- bear on the Nation, but after Katrina scales of justice for all Americans. man’s leadership has been inspiring we can see how important it is to have What came though to me as I and tireless. Herman leads the Turtle a functioning Congress. watched his confirmation hearings was Dance at San Juan Pueblo on Decem- Senator ALEXANDER, during a floor a man with great poise, a deep and ber 26 of each year. This year, Herman speech regarding the judicial stalemate thorough knowledge of the law, a love and San Juan Pueblo Governor Garcia offered a suggestion, a call really, that for this country and unmatched integ- will have a special reason to celebrate many of us heard and decided to heed. rity. John Roberts is a man deserving this beautiful event. This is the year of Surely, a bipartisan group of Senators of the nomination and deserving of Po’pay—from San Juan Pueblo—who is could develop an agreement that would confirmation. now honored here in our Nation’s Cap- resolve the stalled judicial nomina- I will vote to confirm Judge John itol. tions and diffuse the nuclear option— Roberts as Chief Justice of the Su- Today’s Indian Pueblos are a cultural and ultimately, ease some of the par- preme Court. haven from ancient times. However, for all New Mexicans who came after, the tisan tension that had crippled the f Senate and threatened to shut it down revolt taught us an enduring lesson of completely. DEDICATION OF THE STATUE OF tolerance and acceptance. It is this les- I am very proud of my role in the so- PO’PAY son that has resulted in New Mexico called ‘‘gang of fourteen,’’ the bipar- Mr. DOMENICI. Mr. President, this is having one of the best and richest tisan group that navigated the path to a special day for New Mexicans. Earlier multicultural societies in the United confirmation for many of the Presi- today, Congress accepted the statue of States. As my friend Benny Atencio, of dent’s judicial nominees and preserved Po’pay, a man from San Juan Pueblo Santo Domingo Pueblo, observed: the precedents and traditions of the who played an important role in New I strongly feel that the selection of Po’pay Senate. I am also very proud that the Mexico’s colonial history. The accept- to be placed in the nation’s Statuary Hall gang’s ‘‘memorandum of under- ance of this work marks the 100th con- along with that of the late Senator Dennis Chavez, who was my personal friend, would standing’’ paved the way to complete tribution to the Statuary Hall Collec- serve as a unique reminder to the world that many of the legislative priorities I tion. On behalf of my home State, I two unique cultures can coexist without de- mentioned earlier—including the en- give special recognition to sculptor struction of their traditional cultural values ergy bill and the highway bill. Cliff Fragua, from Jemez Pueblo, for a and beliefs.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10372 CONGRESSIONAL RECORD — SENATE September 22, 2005 I could not have stated it better. Po’pay. Thanks to the vision of many in sports to Jennifer Lopez, Andy Gar- Mr. BINGAMAN. Mr. President, I rise Pueblo leaders, the New Mexico Stat- cia, and Salma Hayek in the entertain- today to honor Po’pay, a man who uary Hall Commission and Foundation, ment industry, Hispanics have added through his life and philosophy in- and New Mexico’s citizens, Po’pay shall greatly to the fabric of our Nation. spired New Mexicans to unite and share forever be honored in the halls of the We must not forget the critical con- their experiences of life, happiness, and United Stated Capitol. tributions Hispanics have made to edu- customs, with a marble statue sculpted We honor and respect Po’pay’s ac- cation and science. The 1995 Nobel by Cliff Fragua of Jemez Pueblo. It will complishments as the man who made it Prize Winner in Chemistry, Dr. Mario be the one-hundredth statue to be possible for Pueblo culture to thrive Molina, joined the University of Cali- added to the National Statuary Hall and sustain itself. Po’pay’s contribu- fornia, San Diego last year, and Dr. collection. The statue of this remark- tions made New Mexico what it is Eduardo Macagno is the founding dean able leader of the Pueblo Revolt of 1680, today, a multicultural State, rich in of the Division of Biological Sciences is a gift from the State of New Mexico culture and spirit. at the same University. and was unveiled in the United States f A democratic and prosperous society Capitol Rotunda today. HISPANIC HERITAGE MONTH should not step back from a national Po’pay was born in Ohkay Owingeh, commitment to provide assistance to San Juan Pueblo, in 1630. He was a Mrs. FEINSTEIN. Mr. President, I those who strive to achieve the Amer- deeply humble man, with deep respect rise to pay tribute to the Hispanic ican dream, despite the odds. In par- community. As we commemorate His- for his Pueblo’s culture, language, tra- ticular, I want to emphasize the impor- panic Heritage Month, I want to recog- ditions, and customs, and a dedication tance of quality education for the suc- nize the contributions made by mil- to passing these things on to future cess of Hispanic children. The Univer- lions of Hispanics to our Nation. The generations. sity of California system alone enrolled greatness of California is that it is During the seventeenth century the nearly 25,000 Hispanic undergraduate truly a multicultural State and I am Pueblo way of life was seriously threat- and graduate students last year. His- honored to represent California’s His- ened. Some did not want the Pueblo panic youths are a great source of people to practice their language, cul- panic community in the U.S. Senate. This month we celebrate a commu- strength and hope for the future of this ture, or traditions, depriving them of Nation and they should be able to par- their very core. Po’pay successfully nity that believes in the American goals of freedom, opportunity, and a ticipate fully in the American experi- united the separate Pueblo nations. ence; that is the primary reason why I This group of some 150 Pueblo leaders chance to build a better life. In pur- suing these aspirations, Hispanics have have been a strong supporter of the united against those who sought to de- made enormous contributions to life in DREAM Act. stroy their way of life and prevailed. the United States through business, Mr. President, I am proud to honor Po’pay led this great revolt and the politics, science, culture, sports, and California’s Hispanic community and fight for respect the Pueblo people de- entertainment. Hispanics have served to have the opportunity to ensure that served. in the armed services with bravery and Hispanic contributions and sacrifices Through his devotion and commit- do not go unnoticed. ment to the preservation of Pueblo cul- courage and many have made the ulti- mate sacrifice in giving their lives for f ture, Po’pay played an irreplaceable the common good of our country. role in helping to shape our Nation’s ADDITIONAL STATEMENTS Through their service, they have future. By championing the customs brought honor to America and their and traditional ways of his ancestors, Hispanic heritage—a rich heritage from HONORING SHERI GARMON he strengthened and preserved the which all of America benefits. ∑ Mr. CRAPO. Mr. President, it is with Pueblo heritage for future generations, Today, I rise to honor the sacrifices a heavy heart that I wish to announce bridging the rich Pueblo and Spanish that these brave Americans and their the death of Sheri Garmon, one of cultures of the Southwest. His dedica- families have made. I also want to many Idahoans who have died from tion to this cause in response to the honor Hispanic heroes and heroines, cancer that was likely attributable to challenges the Pueblo community such as the late Cesar Chavez. Indeed, nuclear fallout. faced is a testament to the spirit of Hispanics are changing the way Amer- Like others, Sheri spent time and en- New Mexico. ica looks at itself. Today there are 31 ergy bringing awareness of this issue as This statue will forever be a re- million Hispanics in the U.S. By 2050, it related to Idaho. However, Sheri, minder of his leadership and courage in our Nation’s Hispanic population is keeping the Pueblo culture alive. The projected to reach 96 million—an in- who was fighting multiple cancers, be- statue of Po’pay will join the figure of crease of more than 200 percent. came a charismatic spokesperson for the late Senator Dennis Chavez that Hispanics are making their mark; be- those suffering from the same fate. stands proudly outside the doors of the tween 1984 and 1998 Hispanic voting in- Sheri Garmon, daughter of Don and old Senate Chambers. It is a privilege creased nationwide in midterm elec- Millie Garmon, was born in Emmett, for New Mexico to be represented by tions by 27 percent, even as overall ID, in 1952. When Sheri was just a baby, two men with such vision, leadership, voter turnout declined by 13 percent. In just 6 months old, the National Cancer and courage. my own State of California, where Institute estimates that on a single The decision to honor Po’pay was nearly 11.5 million Hispanics comprise day, June 5, 1952, she received 75 rads of brought to the foreground during the over 32 percent of the population, His- iodine-131. That is the equivalent of tercentennial commemoration of the panics are participating and contrib- 10,000 chest X-rays. The exposure came Pueblo Revolt by a unified group of uting to civic life in important ways. from nuclear testing being done in the Pueblo leaders. Thanks to their leader- Two of the California State legisla- Nevada desert; fallout blew over the ship, in November of 1996 the tribal ture’s three highest offices are occu- little valley where Emmett sits. From council of Ohkay Owingeh, San Juan pied by Hispanics: Lt. Gov. Cruz that day on, Sheri’s ultimate fate was Pueblo, made the nomination official Bustamante and Speaker of the Assem- sealed. But no one knew then what we with a resolution. In 1997, State Sen- bly Fabian Nun˜ ez. On the local level, know now. Sheri grew up healthy and ator Manny Aragon and Representative the people of Los Angeles elected Anto- strong, out there on her family’s dairy Nick Salazar introduced Senate Bill nio Villaraigosa as the first Hispanic farm, drinking milk from their cows, 404, which was passed and signed by mayor in over a century, and 20 per- eating vegetables and fruits from their Governor Gary Johnson on April 10. cent of Los Angeles’ city council seats garden. She graduated valedictorian of The nine member Statuary Hall Com- are held by Hispanics. The Hispanic her high school class, and then went on mission was formed and the fund- community has provided great leader- to graduate from the University of raising began. Cliff Fragua of Jemez ship for California, and will provide im- Idaho. She became a CPA and a moth- Pueblo was selected to create the stat- portant leadership for our country. er. Sheri used her education as a way ue, and by May of 2005 the block of Hispanics are visibly successful in to provide for her family and pave the Tennessee Marble took the form of other areas as well. From Sammy Sosa way for future achievement for those

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10373 who knew her. She was always involved Ms. Niland, one of its reading clerks, S. 1745. A bill to expand the availability of in her community and concerned for announced that the House has passed resources under the Community Services the welfare of her friends and family. the following bills and joint resolution, Block Grant Act for individuals affected by Along the way, Sheri was diagnosed in which it requests the concurrence of Hurricane Katrina. S. 1748. A bill to establish a congressional with thyroid cancer. She beat it. Then the Senate: commission to examine the Federal, State, she was diagnosed with breast cancer. H.R. 250. An act to establish an inter- and local response to the devastation The doctors gave her about a year to agency committee to coordinate Federal wrought by Hurricane Katrina in the Gulf live. She wanted to make it to August manufacturing research and development ef- Region of the United States especially in the 20, 2005, to see her daughter graduate forts in manufacturing, strengthen existing States of Louisiana, Mississippi, Alabama, programs to assist manufacturing innova- and other areas impacted in the aftermath from college. While she did pass that tion and education, and expand outreach pro- date, she will never see Katie married and make immediate corrective measures to grams for small and medium-sized manufac- improve such responses in the future. or play with her grandchildren. She turers, and for other purposes. did, however, leave a legacy that we H.R. 3667. An act to designate the facility f have a responsibility to uphold. Sheri of the United States Postal Service located MEASURES READ THE FIRST TIME is just one of many unrecognized radi- at 200 South Barrington Street in Los Ange- The following bill was read the first ation-exposure victims; her story is les, California, as the ‘‘Karl Malden Sta- tion’’. time: poignant, but it is echoed throughout H.R. 3767. An act to designate the facility S. 1761. A bill to clarify the liability of gov- her community by many other families of the United States Postal Service located ernment contractors assisting in rescue, re- at 2600 Oak Street in St. Charles, Illinois, as who have survived or lost cancer bat- covery, repair, and reconstruction work in tles over the last 50 years. Sheri played the ‘‘Jacob L. Frazier Post Office Building’’. H.R. 3827. An act to preserve certain immi- the Gulf Coast region of the United States a large role in bringing the plight of affected by Hurricane Katrina or other major many of her friends and family to the gration benefits for victims of Hurricane Katrina, and for other purposes. disasters. attention of Idaho’s congressional dele- H.J. Res. 61. Joint resolution supporting f gation and general public last year. the goals and ideals of Gold Star Mothers Sheri is survived by her mother Millie Day. ENROLLED BILLS PRESENTED and her daughter Katie Klein. f The Secretary of the Senate reported On May 11, 2005, I came to this Cham- that on today, September 22, 2005, she ENROLLED BILL SIGNED ber and introduced legislation to had presented to the President of the amend the Radiation Exposure Com- The message also announced that the United States the following enrolled pensation Act. My legislation would Speaker has signed the following en- bills: make Idaho citizens, such as Sheri, rolled bill: S. 1340. An act to amend the Pittman-Rob- who were exposed to fallout from nu- S. 1368. An act to extend the existence of ertson Wildlife Restoration Act to extend clear testing in Nevada, eligible for the Parole Commission, and for other pur- the date after which surplus funds in the compensation under the act. poses. wildlife restoration fund become available In my introductory statement, I re- The enrolled bill was signed subse- for apportionment. lated stories of Idahoans who re- quently by the President pro tempore S. 1368. An act to extend the existence of (Mr. STEVENS). the Parole Commission, and for other pur- counted going outside in the evenings poses. to look at the beautiful sunsets caused At 2:27 p.m., a message from the f by the testing. Unfortunately, and un- House of Representatives, delivered by beknownst to them, these skies were Ms. Niland, one of its reading clerks, EXECUTIVE AND OTHER filled with dangerous radiation that announced that the Speaker has signed COMMUNICATIONS elevated their exposure and subsequent the following enrolled bills: The following communications were risk of developing cancer. I also stated H.R. 3761. An act to provide special rules laid before the Senate, together with that now is the time to amend the act for disaster relief employment under the accompanying papers, reports, and doc- to make it work for everyone who may Workforce Investment Act of 1998 for individ- uments, and were referred as indicated: have become ill because of radiation uals displaced by Hurricane Katrina. H.R. 3768. An act to provide emergency tax EC–3857. A communication from the Acting fallout exposure. Assistant Secretary, Legislative Affairs, De- Let us not let Sheri’s death go unan- relief for persons affected by Hurricane Katrina. partment of State, transmitting, pursuant to swered. Join me in supporting S. 998 to law, a report providing information on U.S. amend the Radiation Exposure Com- The enrolled bills were signed subse- military personnel and U.S. individual civil- pensation Act so that others who are quently by the President pro tempore ian contractors involved in the anti-nar- suffering as Sheri did are given their (Mr. STEVENS). cotics campaign in Columbia; to the Com- just compensation and treatment; it is f mittee on Foreign Relations. the right thing to do.∑ EC–3858. A communication from the Acting MEASURES REFERRED Assistant Secretary, Legislative Affairs, De- f The following bills were read the first partment of State, transmitting, pursuant to MESSAGES FROM THE PRESIDENT and the second times by unanimous the Arms Export Control Act, the certifi- consent, and referred as indicated: cation of a proposed license for the export of Messages from the President of the defense articles that are firearms controlled United States were communicated to H.R. 250. An act to establish an inter- under category I of the United States Muni- the Senate by Mr. Williams, one of his agency committee to coordinate Federal tions List sold commercially under a con- manufacturing research and development ef- secretaries. tract in the amount of $1,000,000 or more to forts in manufacturing, strengthen existing Japan; to the Committee on Foreign Rela- f programs to assist manufacturing innova- tions. EXECUTIVE MESSAGES REFERRED tion and education, and expand outreach pro- EC–3859. A communication from the Acting grams for small and medium-sized manufac- As in executive session the Presiding Assistant Secretary, Legislative Affairs, De- turers, and for other purposes; to the Com- partment of State, transmitting, pursuant to Officer laid before the Senate messages mittee on Commerce, Science, and Transpor- the Arms Export Control Act, the certifi- from the President of the United tation. cation of a proposed license for the export of H.R. 3667. An act to designate the facility States submitting sundry nominations major defense equipment sold commercially of the United States Postal Service located which were referred to the appropriate under contract in the amount of $14,000,000 or at 200 South Barrington Street in Los Ange- more to South Korea; to the Committee on committees. les, California, as the ‘‘Karl Malden Sta- Foreign Relations. (The nominations received today are tion’’; to the Committee on Homeland Secu- EC–3860. A communication from the Sec- printed at the end of the Senate pro- rity and Governmental Affairs. ceedings.) retary of the Treasury, transmitting, pursu- f ant to Executive Order 13313 of July 31, 2003, f MEASURES PLACED ON THE the semiannual report detailing payments MESSAGES FROM THE HOUSE CALENDAR made to Cuba as a result of the provision of telecommunications services pursuant to De- At 12:19 p.m., a message from the The following bills were read the sec- partment of the Treasury specific licenses; House of Representatives, delivered by ond time, and placed on the calendar: to the Committee on Foreign Relations.

VerDate Aug 31 2005 06:29 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S22SE5.REC S22SE5 hmoore on PROD1PC68 with CONG-REC-ONLINE S10374 CONGRESSIONAL RECORD — SENATE September 22, 2005 EC–3861. A communication from the Under the Department of Justice from Certain Sub- EC–3883. A communication from the Coor- Secretary of Defense for Policy, Department sections of the Privacy Act (5 USC 522a): De- dinator, Forms Committee, Federal Election of Defense, transmitting, pursuant to law, partment of Justice Regional Data Exchange Commission, transmitting, pursuant to law, the Department’s Report on Activities and System’’ (DOJ–012) received on September 6, the revisions to the FEC forms and instruc- Assistance under Cooperative Threat Reduc- 2005; to the Committee on the Judiciary. tions, along with the explanation and jus- tion Programs; to the Committee on Armed EC–3872. A communication from the Assist- tification for these revisions; to the Com- Services. ant Attorney General, Office of Legislative mittee on Rules and Administration. EC–3862. A communication from the Publi- Affairs, Department of Justice, transmit- EC–3884. A communication from the Under cations Control Officer, Department of the ting, a draft of proposed legislation entitled Secretary of Defense, Comptroller, transmit- Army, Department of Defense, transmitting, ‘‘Environmental Crimes Restitution Act of ting, pursuant to law, the report of a viola- pursuant to law, the report of a rule entitled 2005’’; to the Committee on the Judiciary. tion of the Antideficiency Act case number ‘‘Military Police Investigations’’ (RIN0702– EC–3873. A communication from the Assist- 04–11; to the Committee on Appropriations. AA44) received on August 31, 2005; to the ant Attorney General, Office of Legislative EC–3885. A communication from the Under Committee on Armed Services. Affairs, Department of Justice, transmit- Secretary of Defense, Comptroller, transmit- EC–3863. A communication from the Chief, ting, a draft of proposed legislation relating ting, pursuant to law, the report of a viola- Programs and Legislative Division, Office of to the Federal explosives laws; to the Com- tion of the Antideficiency Act case number Legislative Liaison, Office of the Secretary, mittee on the Judiciary. 03–01; to the Committee on Appropriations. Department of the Air Force, transmitting, EC–3874. A communication from the Assist- EC–3886. A communication from the Sec- pursuant to law, a report relative to a multi- ant Attorney General, Office of Legislative retary of Agriculture, transmitting, pursu- function standard competition of the HQ Affairs, Department of Justice, transmit- ant to law, the report of a violation of the ACC Detachment 1, Training Support Squad- ting, a draft of proposed legislation entitled Antideficiency Act occurring in the Rural ron at Luke Air Force Base (AFB), Arizona; ‘‘Child Pornography Prevention and Obscen- Electrification and Telecommunications Di- to the Committee on Armed Services. ity Prosecution Act of 2005’’; to the Com- rect Loan Financing Account; to the Com- EC–3864. A communication from the Acting mittee on the Judiciary. mittee on Appropriations. Director, Defense Procurement and Acquisi- EC–3875. A communication from the Assist- EC–3887. A communication from the Sec- tion Policy, Department to Defense, trans- ant Attorney General, Department of Jus- retary of the Treasury, transmitting, pursu- mitting, pursuant to law, the report of a rule tice, transmitting, pursuant to law, the 2004 ant to law, the six-month periodic report on entitled ‘‘Radio Frequency Identification’’ Annual Report to Congress describing the ac- the national emergency with respect to Iran (DFARS Case 2004–D011) received on August tivities and operations of the Public Integ- that was declared in Executive Order 12957 of 31, 2005; to the Committee on Armed Serv- rity Section; to the Committee on the Judi- March 15, 1995; to the Committee on Bank- ices. ciary. ing, Housing, and Urban Affairs. EC–3865. A communication from the Under EC–3876. A communication from the Rail- EC–3888. A communication from the Sec- Secretary of Defense for Acquisition, Tech- road Retirement Board, transmitting, pursu- retary of the Treasury, transmitting, pursu- nology, and Logistics, transmitting, pursu- ant to law, the budget request for fiscal year ant to law, a six-month periodic report on ant to law, a report (3 subjects on 1 disc be- 2007; to the Committee on Health, Education, the national emergency declared in Execu- ginning with ‘‘DoD Letter to Commission on Labor, and Pensions. tive Order 13224 of September 23, 2001, with Technical Corrections to Draft Commission EC–3877. A communication from the In- respect to persons who commit, threaten to Bill’’) relative to the Defense Base Closure spector General, Railroad Retirement Board, commit, or support terrorism; to the Com- and Realignment Act of 1990, as amended; to transmitting, pursuant to law, the budget re- mittee on Banking, Housing, and Urban Af- the Committee on Armed Services. quest for fiscal year 2007; to the Committee fairs. EC–3866. A communication from the Under on Health, Education, Labor, and Pensions. EC–3889. A communication from the Chief Secretary of Defense for Acquisition, Tech- EC–3878. A communication from the Dep- Counsel, Office of Foreign Assets Control, nology, and Logistics, transmitting, pursu- uty Director of Communications and Legis- Department of the Treasury, transmitting, ant to law, a report (1 subject on 1 disc enti- lative Affairs, Equal Employment Oppor- pursuant to law, the report of a rule entitled tled ‘‘Air Force Errata on Commission Draft tunity Commission, transmitting, pursuant ‘‘31 CFR part 575’’ received on September 18, Bill’’) relative to the Defense Base Closure to law, the Commission’s 2005 Inventory of 2005; to the Committee on Banking, Housing, and Realignment Act of 1990, as amended; to Commercial and Inherently Governmental and Urban Affairs. the Committee on Armed Services. Activities; to the Committee on Health, Edu- EC–3890. A communication from the Legal EC–3867. A communication from the Under cation, Labor, and Pensions. Information Assistant Office of Thrift Super- Secretary of Defense for Acquisition, Tech- EC–3879. A communication from the Assist- vision, Department of the Treasury, trans- nology, and Logistics, transmitting, pursu- ant General Counsel for Regulatory Services, mitting, pursuant to law, the report of a rule ant to law, a report (4 subjects on 1 disc be- Office of Vocational and Adult Education De- entitled ‘‘EGRPRA Regulatory Review—Ap- ginning with ‘‘New COBRA Air Force 37 Redo partment of Education, transmitting, pursu- plication and Reporting Requirements’’ Realign Grand Forks’’) relative to the De- ant to law, the report of a rule entitled ‘‘No- (RIN1550–AB93) received on September 8, fense Base Closure and Realignment Act of tice of Final Changes to Requirements— 2005; to the Committee on Banking, Housing, 1990, as amended; to the Committee on Community Technology Centers Program’’; and Urban Affairs. Armed Services. to the Committee on Health, Education, EC–3891. A communication from the Prin- EC–3868. A communication from the Under Labor, and Pensions. cipal Deputy Assistant Secretary for Indian Secretary of Defense for Acquisition, Tech- EC–3880. A communication from the Assist- Affairs, Department of the Interior, trans- nology, and Logistics, transmitting, pursu- ant General Counsel for Regulatory Services, mitting, pursuant to law, a report relative to ant to law, a report (1 subject on 1 disc enti- Office of Elementary and Secondary Edu- the use and distribution of the Confederated tled ‘‘Selfridge ARS-ARB MI MILCON (Addi- cation, Department of Education, transmit- Tribes of the Warm Springs Reservation of tional Army)’’) relative to the Defense Base ting, pursuant to law the report of a rule en- Oregon Judgment Funds; to the Committee Closure and Realignment Act of 1990, as titled ‘‘Notice of Final Priorities, Require- on Indian Affairs. amended; to the Committee on Armed Serv- ments, Definitions, and Selection Criteria— EC–3892. A communication from the Prin- ices. School Dropout Prevention Program’’; to the cipal Deputy Associate Administrator, Office EC–3869. A communication from the Under Committee on Health, Education, Labor, and of Policy, Economics, and Innovation, Envi- Secretary of Defense for Acquisition, Tech- Pensions. ronmental Protection Agency, transmitting, nology, and Logistics, transmitting, pursu- EC–3881. A communication from the Assist- pursuant to law, the report of a rule entitled ant to law, a report (10 subjects on 1 disc be- ant General Counsel for Regulatory Services, ‘‘Approval and Promulgation of Air Quality ginning with ‘‘Abrell-Kelly Support Center Office of Special Education and Rehabilita- Implementation Plans; Texas; Dallas-Fort II’’) relative to the Defense Base Closure and tive Services, Department of Education, Worth Voluntary Mobile Emission Reduction Realignment Act of 1990, as amended; to the transmitting, pursuant to law, the report of Program’’ (FRL No. 7960–4) received August Committee on Armed Services. a rule entitled ‘‘Disability and Rehabilita- 31, 2005; to the Committee on Environment EC–3870. A communication from the Under tion Research Projects—Demand Side Em- and Public Works. Secretary of Defense, Acquisition, Tech- ployment Placement Models’’; to the Com- EC–3893. A communication from the Prin- nology, and Logistics, transmitting, pursu- mittee on Health, Education, Labor, and cipal Deputy Associate Administrator, Office ant to law, a report relative to Section 123 of Pensions. of Policy, Economics, and Innovation, Envi- the National Defense Authorization Act of EC–3882. A communication from the Regu- ronmental Protection Agency, transmitting, Fiscal Year 2002 (production rate for the V– lations Coordinator, Department of Health pursuant to law, the report of a rule entitled 22 Osprey aircraft); to the Committee on and Human Services, transmitting, pursuant ‘‘Approval and Promulgation of Air Quality Armed Services. to law, the report of a rule entitled ‘‘Supple- Implementation Plans; Chattanooga, Ten- EC–3871. A communication from the Assist- mental Standards of Ethical Conduct and Fi- nessee; Revised Format for Materials Being ant Attorney General for Administration, nancial Disclosure Requirements for Em- Incorporated by Reference’’ (FRL No. 7952–3) Justice Management Division, Department ployees of the Department of Health and received August 31, 2005; to the Committee of Justice, transmitting, pursuant to law, Human Services’’ (RIN3209–AA15) received on on Environment and Public Works. the report of a rule entitled ‘‘Final Rule Ex- September 7, 2005; to the Committee on EC–3894. A communication from the Prin- empting a Privacy Act System of Records of Health, Education, Labor, and Pensions. cipal Deputy Associate Administrator, Office

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10375 of Policy, Economics, and Innovation, Envi- Grown in California; Suspension of Provision mittee on Agriculture, Nutrition, and For- ronmental Protection Agency, transmitting, Regarding Eligibility of Walnut Marketing estry. pursuant to law, the report of a rule entitled Board Members’’ (FV05–984 a IFR) received EC–3912. A communication from the Prin- ‘‘Approval and Promulgation of Air Quality on September 18, 2005; to the Committee on cipal Deputy Associate Administrator, Envi- Implementation Plans; Knox County, Ten- Agriculture, Nutrition, and Forestry. ronmental Protection Agency, transmitting, nessee; Revised Format for Materials Being EC–3903. A communication from the Ad- pursuant to law, the report of a rule entitled Incorporated by Reference’’ (FRL No. 7952–2) ministrator, Agricultural Marketing Serv- ‘‘Fluoxastrobin Pesticide Tolerances’’ received August 31, 2005; to the Committee ice, Fruit and Vegetable Programs, Depart- (FRL7719–9) received on September 18, 2005; on Environment and Public Works. ment of Agriculture, transmitting, pursuant to the Committee on Agriculture, Nutrition, EC–3895. A communication from the Prin- to law, the report of a rule entitled ‘‘Irish and Forestry. cipal Deputy Associate Administrator, Office Potatoes Grown in Washington; Modification EC–3913. A communication from the Prin- of Policy, Economics, and Innovation, Envi- of Pack Requirements’’ (FV05–946–3 IFR) re- cipal Deputy Associate Administrator, Envi- ronmental Protection Agency, transmitting, ceived on September 18, 2005; to the Com- ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Implementa- estry. ‘‘Ethylhexyl Glucopyranosides; Exemption tion Plans and Designation of Areas for Air EC–3904. A communication from the Ad- from the Requirement of a Tolerance’’ Quality Planning Purposes: Wallula, Wash- ministrator, Agricultural Marketing Serv- (FRL7729–6) received on September 18, 2005; ington Area’’ (FRL No. 7959–6) received Au- ice, Fruit and Vegetable Programs, Depart- to the Committee on Agriculture, Nutrition, gust 31, 2005; to the Committee on Environ- ment of Agriculture, transmitting, pursuant and Forestry. ment and Public Works. to law, the report of a rule entitled ‘‘Or- EC–3914. A communication from the Prin- EC–3896. A communication from the Prin- anges, Grapefruit, Tangerines, and Tangelos cipal Deputy Associate Administrator, Envi- cipal Deputy Associate Administrator, Office Grown in Florida; Modifying Procedures and ronmental Protection Agency, transmitting, of Policy, Economics, and Innovation, Envi- Establishing Regulations to Limit Ship- pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, ments of Small Sizes of Red Seedless Grape- ‘‘Alkyl Plyglycosides Exemption from the pursuant to law, the report of a rule entitled fruit’’ (FV05–905 2 IFR) received on Sep- Requirement of a Tolerance’’ (FRL7729–7) re- ‘‘Approval and Promulgation of Implementa- tember 18, 2005; to the Committee on Agri- ceived on September 18, 2005; to the Com- tion Plans for Kentucky: Regulatory Limit culture, Nutrition, and Forestry. mittee on Agriculture, Nutrition, and For- on Potential to Emit’’ (FRL No. 7958–8) re- EC–3905. A communication from the Prin- estry. ceived August 31, 2005; to the Committee on cipal Deputy Associate Administrator, Envi- EC–3915. A communication from the Prin- Environment and Public Works. ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Envi- EC–3897. A communication from the Prin- pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office ‘‘Myclobutanil; Pesticide Tolerance for pursuant to law, the report of a rule entitled of Policy, Economics, and Innovation, Envi- Emergency Exemptions’’ (FRL7731–2) re- ‘‘Myclobutanil; Re-Establishment of a Toler- ronmental Protection Agency, transmitting, ceived on September 7, 2005; to the Com- ance for Emergency Exemption’’ (FRL7736–1) pursuant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- received on September 18, 2005; to the Com- ‘‘Extension of the Deferred Effective Date for estry. mittee on Agriculture, Nutrition, and For- 8-Hour Ozone National Ambient Air Quality EC–3906. A communication from the Prin- estry. Standards for Early Action Compact Areas’’ cipal Deputy Associate Administrator, Envi- EC–3916. A communication from the Dep- (FRL No. 7959–2) received August 31, 2005; to ronmental Protection Agency, transmitting, uty Assistant Secretary, Tax Analysis, De- the Committee on Environment and Public pursuant to law, the report of a rule entitled partment of the Treasury, transmitting, pur- Works. ‘‘Cyfluthrin; Pesticide Tolerance’’ (FRL7725– suant to law, a report entitled ‘‘Taxable EC–3898. A communication from the Prin- 7) received on September 7, 2005; to the Com- REIT Subsidiaries: Analysis of the First cipal Deputy Associate Administrator, Office mittee on Agriculture, Nutrition, and For- Year’s Returns, Tax Year 2001’’; to the Com- of Policy, Economics, and Innovation, Envi- estry. mittee on Finance. ronmental Protection Agency, transmitting, EC–3907. A communication from the Prin- EC–3917. A communication from the Sec- pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Envi- retary of Labor and the Secretary of the ‘‘Limited Approval and Promulgation of Im- ronmental Protection Agency, transmitting, Treasury, transmitting jointly, a draft of plementation Plans; Texas; Excess Emissions pursuant to law, the report of a rule entitled legislation entitled ‘‘Black Lung Disability During Startup, Shutdown and Malfunction ‘‘Lactic Acid, 2-Ethylhecyl Ester; Exemption Trust Fund Debt Restructuring Act’’; to the Activities’’ (FRL No. 7959–5) received August from the Requirement of a Tolerance’’ Committee on Finance. 31, 2005; to the Committee on Environment (FRL7729–5) received on September 7, 2005; to EC–3918. A communication from the Regu- and Public Works. the Committee on Agriculture, Nutrition, lations Coordinator, Centers for Medicare EC–3899. A communication from the Prin- and Forestry. and Medicaid Services, Department of cipal Deputy Associate Administrator, Office EC–3908. A communication from the Prin- Health and Human Services, transmitting, of Policy, Economics, and Innovation, Envi- cipal Deputy Associate Administrator, Envi- pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, ‘‘Medicare Programs Drug Discount Card: pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled Revision of Marketing Rules for Endorsed ‘‘Standards of Performance for New and Ex- ‘‘S-metolachlor; Pesticide Tolerance’’ Drug Card Sponsors’’ (RIN0938–AN97) re- isting Stationary Sources: Electric Utility (FRL7716–1) received on September 7, 2005; to ceived on September 7, 2005; to the Com- Steam Generating Units’’ (FRL No. 7960–1) the Committee on Agriculture, Nutrition, mittee on Finance. received August 31, 2005; to the Committee and Forestry. EC–3919. A communication from the Regu- on Environment and Public Works. EC–3909. A communication from the Prin- lations Coordinator, Centers for Medicare EC–3900. A communication from the Prin- cipal Deputy Associate Administrator, Envi- and Medicaid Services, Department of cipal Deputy Associate Administrator, Office ronmental Protection Agency, transmitting, Health and Human Services, transmitting, of Policy, Economics, and Innovation, Envi- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, ‘‘Aminopyridine, Ammonia, chloropicrin, ‘‘Medicare Programs; Competitive Acquisi- pursuant to law, the report of a rule entitled diazionon, Dihydro-S-heptyl-2(3H0-furanone tion of Outpatient Drugs and Biologicals ‘‘Stay of the Findings of Significant Con- Dihydro-5-pentyl 2(3H)-furanone, and Under Part B: Interpretation and Correc- tribution and Rulemaking for Georgia for Vinclozolin’’ (FRL7732–5) received on Sep- tion’’ (RIN0938–AN58) received on September Purposes of Reducing Ozone Interstate tember 7, 2005; to the Committee on Agri- 7, 2005; to the Committee on Finance. Transport’’ (FRL No. 7960–2) received August culture, Nutrition, and Forestry. EC–3920. A communication from the Acting 31, 2005; to the Committee on Environment EC–3910. A communication from the Prin- Chief, Internal Revenue Service, Department and Public Works. cipal Deputy Associate Administrator, Envi- of the Treasury, transmitting, pursuant to EC–3901. A communication from the Ad- ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Domestic ministrator, Agricultural Marketing Serv- pursuant to law, the report of a rule entitled Asset/Liability Percentages and Domestic ice, Fruit and Vegetable Programs, Depart- ‘‘Bacillus Thuringiensis Cry34Ab1 and Invest Yields for IRC Sec. 842(b)’’ (Rev. Proc. ment of Agriculture, transmitting, pursuant Cry34Ab1 Proteins and the Genetic Material 2005–64) received on August 31, 2005; to the to law, the report of a rule entitled ‘‘Toma- Necessary for Their Production in Corn; Ex- Committee on Finance. toes Grown in Florida; Revisions in Require- emption from the Requirement of a Toler- EC–3921. A communication from the Acting ments for Certificates of Privilege’’ (FV05– ance’’ (FRL7735–4) received on September 7, Chief, Internal Revenue Service, Department 966 1 FR) received on September 18, 2005; to 2005; to the Committee on Agriculture, Nu- of the Treasury, transmitting, pursuant to the Committee on Agriculture, Nutrition, trition, and Forestry law, the report of a rule entitled ‘‘Modifica- and Forestry. EC–3911. A communication from the Prin- tion of Rev. Proc. 83–77’’ (Rev. Proc. 2005–63) EC–3902. A communication from the Ad- cipal Deputy Associate Administrator, Envi- received on August 31, 2005; to the Com- ministrator, Agricultural Marketing Serv- ronmental Protection Agency, transmitting, mittee on Finance. ice, Fruit and Vegetable Programs, Depart- pursuant to law, the report of a rule entitled EC–3922. A communication from the Acting ment of Agriculture, transmitting, pursuant ‘‘Cyhexatin; Tolerance Actions’’ (FRL7732–8) Chief, Internal Revenue Service, Department to law, the report of a rule entitled ‘‘Walnuts received on September 18, 2005; to the Com- of the Treasury, transmitting, pursuant to

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10376 CONGRESSIONAL RECORD — SENATE September 22, 2005 law, the report of a rule entitled ‘‘Applicable Parks, U.S. Fish and Wildlife Service, De- EC–3943. A communication from the Legal Federal Rates—September 2005’’ (Rev. Rul. partment of the Interior, transmitting, pur- Advisor to the Bureau Chief, Media Bureau, 2005–57) received on August 31, 2005; to the suant to law, the report of a rule entitled Federal Communications Commission, trans- Committee on Finance. ‘‘Migratory Bird Hunting: Final Frameworks mitting, pursuant to law, the report of a rule EC–3923. A communication from the Acting for Early Season Migratory Bird Hunting entitled ‘‘Hawley and Mundy, Texas’’ re- Chief, Internal Revenue Service, Department Regulations’’ (RIN1018–AT76) received on ceived on September 8, 2005; to the Com- of the Treasury, transmitting, pursuant to September 7, 2005; to the Committee on En- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘TD9220’’ ergy and Natural Resources. tation. received on August 31, 2005; to the Com- EC–3934. A communication from the Sec- EC–3944. A communication from the Spe- mittee on Finance. retary of Transportation transmitting, pur- cial Advisor to the Bureau Chief, Media Bu- EC–3924. A communication from the Acting suant to law, the Semiannual Report of the reau, Federal Communication Commission, Chief, Internal Revenue Service, Department Office of the Inspector General for the period transmitting, pursuant to law, the report of of the Treasury, transmitting, pursuant to October 1, 2004 through March 31, 2005; to the a rule entitled ‘‘FM Broadcast Stations law, the report of a rule entitled ‘‘Standard Committee on Homeland Security and Gov- (Charlotte and Grand Ledge, Michigan)’’ Mileage Rates 2005 Revision’’ (Ann. 2005–71) ernmental Affairs. (Doc. No. 03–222) received on September 8, received on August 31, 2005; to the Com- EC–3935. A communication from the Chair- 2005; to the Committee on Commerce, mittee on Finance. man of the Council of the District of Colum- Science, and Transportation. EC–3925. A communication from the Acting bia, transmitting, pursuant to law, a report EC–3945. A communication from the Attor- Chief, Internal Revenue Service, Department on D.C. Act 16–169, ‘‘Homeland Services Re- ney Advisor, National Highway Traffic Safe- of the Treasury, transmitting, pursuant to form Act of 2005’’; to the Committee on ty Administration, Department of Transpor- law, the report of a rule entitled ‘‘Notice Homeland Security and Governmental Af- tation, transmitting, pursuant to law, the re- 2005–64’’ received on August 31, 2005; to the fairs. port of a rule entitled ‘‘Electronic Registra- Committee on Finance. EC–3936. A communication from the Assist- tion of Child Restraint Systems’’ (RIN2127– EC–3926. A communication from the Chair- ant Secretary for Legislative Affairs, De- AI95) received on September 18, 2005; to the man, Federal Energy Regulatory Commis- partment of Homeland Security, transmit- Committee on Commerce, Science, and sion, transmitting, pursuant to law, the ting, pursuant to law, the First Annual Na- Transportation. Commission’s Buy America Report; to the tional Capital Region Coordination Report; EC–3946. A communication from the Attor- Committee on Energy and Natural Re- to the Committee on Homeland Security and ney Advisor, National Highway Traffic Safe- sources. Governmental Affairs. ty Administration, Department of Transpor- EC–3927. A communication from the Assist- EC–3937. A communication from the Sec- tation, transmitting, pursuant to law, the re- ant Secretary, Policy, Management and retary of Transportation transmitting, pur- port of a rule entitled ‘‘Response to Peti- Budget, Department of the Interior, trans- suant to law, the Annual Report of the Mari- tions’’ (RIN2127–AJ70) received on September mitting, a draft of proposed legislation enti- time Administration for Fiscal Year 2004; to 18, 2005; to the Committee on Commerce, tled ‘‘Pick-Sloan Missouri Basin Program the Committee on Commerce, Science, and Science, and Transportation. Cost Reallocation Act of 2005’’; to the Com- Transportation. EC–3947. A communication from the In- mittee on Energy and Natural Resources. EC–3938. A communication from the Acting terim Legal Advisor, Mobility Division, Fed- EC–3928. A communication from the Assist- Director, Office of Sustainable Fisheries, De- eral Communication Commission, transmit- ant Secretary, Land and Minerals Manage- partment of Commerce, transmitting, pursu- ting pursuant to law, the report of a rule en- ment, Department of the Interior, transmit- ant to law, the report of a rule entitled titled ‘‘Amendment of Various Rules Affect- ting, pursuant to law, the report of a rule en- ‘‘Fisheries of the Exclusive Economic Zone ing Wireless Radio Services’’ (FCC05–144) re- titled ‘‘Mining Claim and Site Maintenance Off Alaska; Pollock in Statistical Area 610 of ceived on September 8, 2005; to the Com- and Location Fees—Free Adjustment’’ (1004– the Gulf of Alaska’’ (ID090205A) received on mittee on Commerce, Science, and Transpor- AD75) received on September 7, 2005; to the September 8, 2005; to the Committee on Com- tation. EC–3948. A communication from the Pro- Committee on Energy and Natural Re- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- sources. EC–3939. A communication from the Dep- tion, Department of Transportation, trans- EC–3929. A communication from the Assist- uty Bureau Chief, Consumer and Govern- mitting, pursuant to law, the report of a rule ant Secretary, Land and Minerals Manage- mental Affairs Bureau, Federal Communica- entitled ‘‘Modification of the Legal Descrip- ment, Department of the Interior, transmit- tion Commission, transmitting, pursuant to tion of the Class E Airspace; Columbia Re- ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Tele- gional Airport, MO; Confirmation of Effec- titled ‘‘Pennsylvania Regulatory Program’’ communications Relay Services and Speech- tive Date’’ ((RIN2120–AA66)(2005–0201)) re- to-Speech Services for Individuals with (PA–124–FOR) received on September 7, 2005; ceived on September 18, 2005; to the Com- Hearing and Speech Disabilities, Order on to the Committee on Energy and Natural Re- mittee on Commerce, Science, and Transpor- sources. Reconsideration’’ (FCC05–139) received on tation. EC–3930. A communication from the Assist- September 8, 2005. EC–3949. A communication from the Pro- ant Secretary, Land and Minerals Manage- EC–3940. A communication from the Dep- gram Analyst, Federal Aviation Administra- ment, Department of the Interior, transmit- uty Bureau Chief, Consumer and Govern- tion, Department of Transportation, trans- ting, pursuant to law, the report of a rule en- mental Affairs Bureau, Federal Communica- mitting, pursuant to law, the report of a rule titled ‘‘Oil and Gas Leasing: Onshore Oil and tion Commission, transmitting, pursuant to entitled ‘‘Modification of Class E Airspace; Gas Operations—Fees, Rentals and Royalty law, the report of a rule entitled ‘‘Tele- Ruidoso, NM’’ ((RIN2120–AA66)(2005–0202)) re- Stripper Well Royalty Reductions Retention communications Relay Services and Speech- ceived on September 18, 2005; to the Com- of Records’’ (RIN1004–AD71) received on Sep- to-Speech Services for Individuals with mittee on Commerce, Science, and Transpor- tember 7, 2005; to the Committee on Energy Hearing and Speech Disabilities, Report and tation. and Natural Resources. Order’’ (FCC05–140) received on September 8, EC–3950. A communication from the Pro- EC–3931. A communication from the Assist- 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- ant Secretary for Fish and Wildlife and Science, and Transportation. tion, Department of Transportation, trans- Parks, U.S. Fish and Wildlife Service, De- EC–3941. A communication from the Dep- mitting, pursuant to law, the report of a rule partment of the Interior, transmitting, pur- uty Bureau Chief, Consumer and Govern- entitled ‘‘Establishment of Class E Airspace; suant to law, the report of a rule entitled mental Affairs Bureau, Federal Communica- Santa Teresa, NM’’ ((RIN2120–AA66)(2005– ‘‘Migratory Bird Hunting: Migratory Bird tion Commission, transmitting, pursuant to 0203)) received on September 18, 2005; to the Hunting Regulations on Certain Federal In- law, the report of a rule entitled ‘‘Tele- Committee on Commerce, Science, and dian Reservations and Ceded Lands for the communications Relay Services and Speech- Transportation. 2005–6 Early Season’’ (RIN1018–AT76) re- to-Speech Services for Individuals with EC–3951. A communication from the Pro- ceived on September 7, 2005; to the Com- Hearing and Speech Disabilities, Order’’ gram Analyst, Federal Aviation Administra- mittee on Energy and Natural Resources. (FCC05–141) received on September 8, 2005; to tion, Department of Transportation, trans- EC–3932. A communication from the Assist- the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule ant Secretary for Fish and Wildlife and Transportation. entitled ‘‘Establishment of Class E Airspace, Parks, U.S. Fish and Wildlife Service, De- EC–3942. A communication from the Attor- Marana Regional Airport, AZ’’ ((RIN2120– partment of the Interior, transmitting, pur- ney-Advisor, National Highway Traffic Safe- AA66)(2005–0204)) received on September 18, suant to law, the report of a rule entitled ty Administration, Department of Transpor- 2005; to the Committee on Commerce, ‘‘Migratory Bird Hunting: Early Seasons and tation, transmitting, pursuant to law, the re- Science, and Transportation. Bag and Possession Limits for Certain Mi- port of a rule entitled ‘‘Procedures for Par- EC–3952. A communication from the Pro- gratory Game Birds in the Contiguous ticipating in and Receiving Data from the gram Analyst, Federal Aviation Administra- United States, Alaska, Hawaii, Puerto Rico, National Driver Register Problem Driver tion, Department of Transportation, trans- and the Virgin Islands’’ (RIN1018–AT76) re- Pointer System Pursuant to a Personnel Se- mitting, pursuant to law, the report of a rule ceived on September 7, 2005; to the Com- curity Investigation and Determination’’ entitled ‘‘Airworthiness Directives: Airbus mittee on Energy and Natural Resources. (RIN2127–AJ66) received on September 18, Model A330–200, 300, A340–200, and –300 Series EC–3933. A communication from the Assist- 2005; to the Committee on Commerce, Airplanes; and Model A340–541 and –642 Air- ant Secretary for Fish and Wildlife and Science, and Transportation. planes’’ ((RIN2120–AA64)(2005–0404)) received

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10377 on September 18, 2005; to the Committee on Turbofan Engines’’ ((RIN2120–AA64)(2005– EC–3971. A communication from the Chief, Commerce, Science, and Transportation. 0414)) received on September 18, 2005; to the Regulations and Administrative Law, United EC–3953. A communication from the Pro- Committee on Commerce, Science, and States Coast Guard, Department of Home- gram Analyst, Federal Aviation Administra- Transportation. land Security, transmitting, pursuant to tion, Department of Transportation, trans- EC–3962. A communication from the Pro- law, the report of a rule entitled ‘‘Regulated mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Navigation Area; Humboldt Bay Bar Channel entitled ‘‘Airworthiness Directives: Airbus tion, Department of Transportation, trans- and Humboldt Bay Entrance Channel, Hum- Model A300 B2 and B4 Series Airplanes; mitting, pursuant to law, the report of a rule boldt Bay, CA’’ (RIN1625–AA11) received on Model A300 B4 600, B4–600R, and F4 600R Se- entitled ‘‘Airworthiness Directives: Airbus September 7, 2005; to the Committee on Com- ries Airplanes; and Model A300 C4 605R Vari- Model A321 Series Airplanes’’ ((RIN2120– merce, Science, and Transportation. ant F Airplanes; and Model A310 200 and 300 AA64)(2005–0415)) received on September 18, EC–3972. A communication from the Chief, Series Airplanes’’ ((RIN2120–AA64)(2005–0407)) 2005; to the Committee on Commerce, Regulations and Administrative Law, United received on September 18, 2005; to the Com- Science, and Transportation. States Coast Guard, Department of Home- mittee on Commerce, Science, and Transpor- EC–3963. A communication from the Pro- land Security, transmitting, pursuant to tation. gram Analyst, Federal Aviation Administra- law, the report of a rule entitled ‘‘Safety EC–3954. A communication from the Pro- tion, Department of Transportation, trans- Zone (including 5 regulations)’’ (RIN1625– gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule AA00) received on September 7, 2005; to the tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Saab Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Model SAAB 2000 Airplanes’’ ((RIN2120– Transportation. entitled ‘‘Airworthiness Directives: Short AA64)(2005–0416)) received on September 18, EC–3973. A communication from the Chief, Brothers Model SD3–60 Airplanes’’ ((RIN2120– 2005; to the Committee on Commerce, Regulations and Administrative Law, United AA64)(2005–0406)) received on September 18, Science, and Transportation. States Coast Guard, Department of Home- 2005; to the Committee on Commerce, EC–3964. A communication from the Pro- land Security, transmitting, pursuant to Science, and Transportation. gram Analyst, Federal Aviation Administra- law, the report of a rule entitled ‘‘Safety EC–3955. A communication from the Pro- tion, Department of Transportation, trans- Zone Regulations; New Tacoma Narrows gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Bridge Construction Project’’ (RIN1625– tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Boeing AA00) received on September 7, 2005; to the mitting, pursuant to law, the report of a rule Model 747, 757, 757, 777 Series Airplanes’’ Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives: Tiger ((RIN2120–AA64)(2005–0417)) received on Sep- Transportation. Aircraft LLC Models AA–5, –5A, –5B Air- tember 18, 2005; to the Committee on Com- EC–3974. A communication from the Chief, planes’’ ((RIN2120–AA64)(2005–0408)) received merce, Science, and Transportation. Regulations and Administrative Law, United on September 18, 2005; to the Committee on EC–3965. A communication from the Pro- States Coast Guard, Department of Home- Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- land Security, transmitting, pursuant to EC–3956. A communication from the Pro- tion, Department of Transportation, trans- law, the report of a rule entitled ‘‘Draw- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule bridge Operation Regulations (including 8 tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directive: Airbus regulations)’’ (RIN1625–AA09) received on mitting, pursuant to law, the report of a rule Model A320–111 Airplanes and Model A320–200 September 7, 2005; to the Committee on Com- entitled ‘‘Airworthiness Directives: Bom- Series Airplanes’’ ((RIN2120–AA64)(2005–0418)) merce, Science, and Transportation. bardier Model CL 600 2B19 Airplanes’’ received on September 18, 2005; to the Com- EC–3975. A communication from the Chief, ((RIN2120–AA64)(2005–0409)) received on Sep- mittee on Commerce, Science, and Transpor- Regulations and Administrative Law, United tember 18, 2005; to the Committee on Com- tation. States Coast Guard, Department of Home- EC–3966. A communication from the Pro- merce, Science, and Transportation. land Security, transmitting, pursuant to EC–3957. A communication from the Pro- gram Analyst, Federal Aviation Administra- law, the report of a rule entitled ‘‘Draw- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- bridge Regulation (including 3 regulations)’’ tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule (RIN1625–AA09) received on September 7, mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Bom- 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: Boeing bardier Model CL 600 2B19 Airplanes’’ Science, and Transportation. Model 777–200 and 300 Series Airplanes’’ ((RIN2120–AA64)(2005–0419)) received on Sep- EC–3976. A communication from the Chief, ((RIN2120–AA64)(2005–0410)) received on Sep- tember 18, 2005; to the Committee on Com- Regulations and Administrative Law, United tember 18, 2005; to the Committee on Com- merce, Science, and Transportation. States Coast Guard, Department of Home- merce, Science, and Transportation. EC–3967. A communication from the Pro- land Security, transmitting, pursuant to EC–3958. A communication from the Pro- gram Analyst, Federal Aviation Administra- law, the report of a rule entitled ‘‘Special gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Local Regulations for Marine Events; Atlan- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule tic Ocean, Atlantic City’’ (RIN1625–AA08) re- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: ceived on September 7, 2005; to the Com- entitled ‘‘Airworthiness Directives: McDon- Turbomeca SA Arrius 2F Turboshaft En- mittee on Commerce, Science, and Transpor- nell Douglas Model DC 1 10, 10F, 15, 30, 30F, gines’’ ((RIN2120–AA64)(2005–0405)) received tation. 40, 40F, MD 10 10F and 30F Airplanes; and on September 18, 2005; to the Committee on EC–3977. A communication from the Chief, Model MD 11 and 11F Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. Regulations and Administrative Law, United AA64)(2005–0411)) received on September 18, EC–3968. A communication from the Chief, States Coast Guard, Department of Home- 2005; to the Committee on Commerce, Regulations and Administrative Law, United land Security, transmitting, pursuant to Science, and Transportation. States Coast Guard, Department of Home- EC–3959. A communication from the Pro- land Security, transmitting, pursuant to law, the report of a rule entitled ‘‘Special gram Analyst, Federal Aviation Administra- law, the report of a rule entitled ‘‘Security Local Regulations for Marine Events (includ- tion, Department of Transportation, trans- Zone; Port Townsend Waterway, Puget ing 3 regulations)’’ (RIN1625–AA08) received mitting, pursuant to law, the report of a rule Sound Washington, Naval Exercises’’ on September 7, 2005; to the Committee on entitled ‘‘Airworthiness Directives: The (RIN1625–AA87) received on September 7, Commerce, Science, and Transportation. Cessna Aircraft Company Models 525, 525A, 2005; to the Committee on Commerce, f and 525B Airplanes’’ ((RIN2120–AA64)(2005– Science, and Transportation. 0412)) received on September 18, 2005; to the EC–3969. A communication from the Chief, EXECUTIVE REPORTS OF Committee on Commerce, Science, and Regulations and Administrative Law, United COMMITTEES Transportation. States Coast Guard, Department of Home- EC–3960. A communication from the Pro- land Security, transmitting, pursuant to The following executive reports of gram Analyst, Federal Aviation Administra- law, the report of a rule entitled ‘‘Regulated committees were submitted: tion, Department of Transportation, trans- Navigation Area; Chicago Sanitary and Ship By Ms. COLLINS for the Committee on mitting, pursuant to law, the report of a rule Canal, Romeoville, IL’’ (RIN1625–AA11) re- Homeland Security and Governmental Af- entitled ‘‘Airworthiness Directives: ceived on September 7, 2005; to the Com- fairs. Turbomeca SA Artouste III Series Turbo- mittee on Commerce, Science, and Transpor- Juliet JoAnn McKenna, of the District of shaft Engines’’ ((RIN2120–AA64)(2005–0413)) tation. Columbia, to be an Associate Judge of the received on September 18, 2005; to the Com- EC–3970. A communication from the Chief, Superior Court of the District of Columbia mittee on Commerce, Science, and Transpor- Regulations and Administrative Law, United for the term of fifteen years. tation. States Coast Guard, Department of Home- John R. Fisher, of the District of Colum- EC–3961. A communication from the Pro- land Security, transmitting, pursuant to bia, to be an Associate Judge of the District gram Analyst, Federal Aviation Administra- law, the report of a rule entitled ‘‘Security of Columbia Court of Appeals for the term of tion, Department of Transportation, trans- Zone (Including 2 Regulations) San Fran- fifteen years. mitting, pursuant to law, the report of a rule cisco Bay’’ (RIN1625–AA87) received on Sep- *Colleen Duffy Kiko, of Virginia, to be entitled ‘‘Airworthiness Directives: General tember 7, 2005; to the Committee on Com- General Counsel of the Federal Labor Rela- Electric Company CF 6 80C2 and CF 6 80E1 merce, Science, and Transportation. tions Authority for a term of five years.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10378 CONGRESSIONAL RECORD — SENATE September 22, 2005

*Stewart A. Baker, of Virginia, to be an Wayne Wagner from Arlington National Mrs. CLINTON, Mr. DORGAN, Mr. Assistant Secretary of Homeland Security. Cemetery; to the Committee on Veterans’ GRASSLEY, Mr. LAUTENBERG, Mr. By Mr. SPECTER for the Committee on Affairs. SANTORUM, Mr. THOMAS, Mr. JOHN- the Judiciary. By Mr. SMITH (for himself and Mr. SON, and Mr. MARTINEZ): John G. Roberts, Jr., of Maryland, to be WYDEN): S. Res. 250. A resolution supporting the Chief Justice of the United States. S. 1760. A bill to authorize early repayment goals and ideals of Gold Star Mothers Day; *Nomination was reported with rec- of obligations to the Bureau of Reclamation considered and agreed to. ommendation that it be confirmed sub- within Rogue River Valley Irrigation Dis- f ject to the nominee’s commitment to trict or within Medford Irrigation District; respond to requests to appear and tes- to the Committee on Energy and Natural Re- ADDITIONAL COSPONSORS tify before any duly constituted com- sources. S. 4 By Mr. THUNE (for himself, Mr. VIT- mittee of the Senate. At the request of Mr. FRIST, the (Nominations without an asterisk TER, Mr. LOTT, Ms. MURKOWSKI, and Mr. INHOFE): name of the Senator from Alabama were reported with the recommenda- S. 1761. A bill to clarify the liability of gov- (Mr. SESSIONS) was added as a cospon- tion that they be confirmed.) ernment contractors assisting in rescue, re- sor of S. 4, a bill to reduce healthcare f covery, repair, and reconstruction work in costs, expand access to affordable the Gulf Coast region of the United States healthcare coverage, and improve INTRODUCTION OF BILLS AND affected by Hurricane Katrina or other major JOINT RESOLUTIONS healthcare and strengthen the disasters; read the first time. healthcare safety net, and for other By Mrs. BOXER (for herself, Mr. LAU- The following bills and joint resolu- purposes. tions were introduced, read the first TENBERG, and Mr. DAYTON): S. 236 and second times by unanimous con- S. 1762. A bill to establish a first responder sent, and referred as indicated: interoperable communications grant pro- At the request of Mr. NELSON of Ne- gram; to the Committee on Homeland Secu- braska, the name of the Senator from By Mr. SANTORUM (for himself and rity and Governmental Affairs. Minnesota (Mr. COLEMAN) was added as Mr. DEMINT): By Mrs. BOXER: S. 1750. A bill to provide for the issuance of a cosponsor of S. 236, a bill to amend S. 1763. A bill to promote the employment title XVIII of the Social Security Act certificates to Social Security beneficiaries of workers displaced by Hurricane Katrina in who are born before 1950 guaranteeing their connection with Hurricane Katrina recon- to clarify the treatment of payment right to receive Social Security benefits struction efforts; to the Committee on under the medicare program for clin- under title II of the Social Security Act in Health, Education, Labor, and Pensions. ical laboratory tests furnished by crit- full with an accurate annual cost-of-living By Mrs. HUTCHISON (for herself, Ms. ical access hospitals. adjustment; to the Committee on Finance. LANDRIEU, and Mr. CORNYN): By Ms. MIKULSKI: S. 246 S. 1764. A bill to provide for the continued S. 1751. A bill to amend title 38, United At the request of Mr. BUNNING, the education of students affected by Hurricane States Code, to expand the State sentences name of the Senator from Florida (Mr. for which burial in National Cemeteries and Katrina; considered and passed. By Ms. LANDRIEU (for herself and Mr. MARTINEZ) was added as a cosponsor of Arlington National Cemetery are prohibited S. 246, a bill to repeal the sunset of the to include any sentence of life imprisonment VITTER): for a State capital crime; to the Committee S. 1765. A bill to provide disaster relief and Economic Growth and Tax Relief Rec- on Veterans’ Affairs. incentives for economic recovery for Lou- onciliation Act of 2001 with respect to By Mr. CHAMBLISS (for himself and isiana residents and businesses affected by the expansion of the adoption credit Hurricane Katrina; to the Committee on Fi- Mr. HARKIN): and adoption assistance programs. nance. S. 1752. A bill to amend the United States S. 576 Grain Standards Act to reauthorize that Act; By Mr. VITTER (for himself and Ms. considered and passed. LANDRIEU): At the request of Mr. BYRD, the name By Mr. DEMINT (for himself, Mr. STE- S. 1766. A bill to provide disaster relief and of the Senator from California (Mrs. VENS, Mr. INOUYE, Mr. NELSON of Ne- incentives for economic recovery for Lou- FEINSTEIN) was added as a cosponsor of braska, Mr. VITTER, Mr. LOTT, and isiana residents and businesses affected by S. 576, a bill to restore the prohibition Ms. LANDRIEU): Hurricane Katrina; to the Committee on Fi- on the commercial sale and slaughter S. 1753. A bill to establish a unified na- nance. of wild free-roaming horses and burros. tional hazard alert system, and for other f purposes; to the Committee on Commerce, S. 852 Science, and Transportation. SUBMISSION OF CONCURRENT AND At the request of Mr. SPECTER, the By Mr. INHOFE: SENATE RESOLUTIONS name of the Senator from North Caro- S. 1754. A bill to apply the Federal medical lina (Mr. BURR) was added as a cospon- The following concurrent resolutions assistance percentage determined for a State sor of S. 852, a bill to create a fair and and Senate resolutions were read, and for fiscal year 2005 for fiscal years 2006 efficient system to resolve claims of through 2014; to the Committee on Finance. referred (or acted upon), as indicated: By Mrs. FEINSTEIN (for herself and victims for bodily injury caused by as- By Mr. STEVENS: bestos exposure, and for other pur- Mrs. BOXER): S. Res. 247. A resolution commending the S. 1755. A bill to designate the facility of Library of Congress’s private-sector advisory poses. the United States Postal Service located at body, the James Madison Council and its S. 1046 200 South Barrington Street in Los Angeles, Founding Chairman, John W. Kluge, on 15 At the request of Mr. KYL, the names California, as the ‘‘Karl Malden Station’’; to years of exemplary service to Congress and the Committee on Homeland Security and of the Senator from Nevada (Mr. EN- the Nation and looking forward to the Coun- Governmental Affairs. SIGN) and the Senator from Idaho (Mr. cil’s continued success in the years ahead; By Mr. DAYTON: CRAPO) were added as cosponsors of S. considered and agreed to. S. 1756. A bill to establish a Department of By Mr. AKAKA (for himself and Mr. 1046, a bill to amend title 28, United Peace and Nonviolence; to the Committee on States Code, with respect to the juris- Homeland Security and Governmental Af- INOUYE): S. Res. 248. A resolution commemorating diction of Federal courts over certain fairs. cases and controversies involving the By Mrs. CLINTON: the West Oahu Little League Team for win- S. 1757. A bill to amend the Internal Rev- ning the 2005 Little League World Series; Pledge of Allegiance. enue code of 1986 to make residents of Puerto considered and agreed to. S. 1191 By Mr. AKAKA (for himself and Mr. Rico eligible for the refundable portion of At the request of Mr. SALAZAR, the INOUYE): the child tax credit; to the Committee on Fi- name of the Senator from Oregon (Mr. nance. S. Res. 249. A resolution commemorating WYDEN) was added as a cosponsor of S. By Mr. MCCAIN (for himself and Mr. the Oahu All-Stars for winning the 2005 Cal DORGAN): Ripken World Series and the Hawaii War- 1191, a bill to establish a grant program S. 1758. A bill to amend the Indian Financ- riors for winning the 2005 Continental Ama- to provide innovative transportation ing Act of 1974, to provide for sale and as- teur Baseball Association World Series (ages options to veterans in remote rural signment of loans and underlying security, 9-under); considered and agreed to. areas. and for other purposes; considered and By Mr. COBURN (for himself, Mr. S. 1244 passed. ALLEN, Mr. BINGAMAN, Mr. BYRD, Mr. By Mr. CRAIG: CRAPO, Mr. GRAHAM, Mr. HAGEL, Mr. At the request of Mr. GRASSLEY, the S. 1759. A bill to require the Secretary of ISAKSON, Mr. LEVIN, Ms. MURKOWSKI, name of the Senator from Idaho (Mr. the Army to remove the remains of Russell Ms. SNOWE, Mr. THUNE, Mr. BUNNING, CRAIG) was added as a cosponsor of S.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10379 1244, a bill to amend the Internal Rev- and institutions affected by Hurricane expressing the sense of the Senate on enue Code of 1986 to allow individuals a Katrina, and for other purposes. reaching an agreement on the future deduction for qualified long-term care S. 1716 status of Kosovo. insurance premiums, use of such insur- At the request of Mr. BAUCUS, the S. RES. 242 ance under cafeteria plans and flexible names of the Senator from Vermont At the request of Mr. SESSIONS, the spending arrangements, and a credit (Mr. JEFFORDS), the Senator from Min- name of the Senator from Michigan for individuals with long-term needs. nesota (Mr. DAYTON), the Senator from (Mr. LEVIN) was added as a cosponsor of S. 1421 West Virginia (Mr. ROCKEFELLER) and S. Res. 242, a resolution to express the At the request of Ms. COLLINS, the the Senator from Colorado (Mr. SALA- sense of the Senate that the President name of the Senator from North Caro- ZAR) were added as cosponsors of S. should appoint an individual to oversee lina (Mr. BURR) was added as a cospon- 1716, a bill to provide emergency health Federal funds for the Hurricane sor of S. 1421, a bill to enhance re- care relief for survivors of Hurricane Katrina recovery, and for other pur- sources to enforce United States trade Katrina, and for other purposes. poses. rights. S. 1732 AMENDMENT NO. 1764 S. 1440 At the request of Mr. NELSON of Ne- At the request of Mr. CRAIG, the At the request of Mr. CRAPO, the braska, the name of the Senator from name of the Senator from Oregon (Mr. name of the Senator from Arkansas Nebraska (Mr. HAGEL) was added as a WYDEN) was added as a cosponsor of (Mr. PRYOR) was added as a cosponsor cosponsor of S. 1732, a bill to require amendment No. 1764 intended to be pro- of S. 1440, a bill to amend title XVIII of the Federal Trade Commission to con- posed to H.R. 2744, a bill making appro- the Social Security Act to provide cov- duct an inquiry into the retail prices of priations for Agriculture, Rural Devel- erage for cardiac rehabilitation and natural gas and gasoline. opment, Food and Drug Administra- pulmonary rehabilitation services. S. 1736 tion, and Related Agencies for the fis- S. 1445 At the request of Ms. COLLINS, the cal year ending September 30, 2006, and At the request of Mr. SALAZAR, the name of the Senator from Louisiana for other purposes. name of the Senator from Colorado (Ms. LANDRIEU) was added as a cospon- AMENDMENT NO. 1767 (Mr. ALLARD) was added as a cosponsor sor of S. 1736, a bill to provide for the At the request of Mr. NELSON of Ne- of S. 1445, a bill to designate the facil- participation of employees in the judi- braska, the name of the Senator from ity of the United States Postal Service cial branch in the Federal leave trans- Nebraska (Mr. HAGEL) was added as a located at 520 Colorado Avenue in fer program for disasters and emer- cosponsor of amendment No. 1767 in- Arriba, Colorado, as the ‘‘William H. gencies. tended to be proposed to H.R. 2744, a Emery Post Office’’. S. 1738 bill making appropriations for Agri- S. 1489 At the request of Ms. COLLINS, the culture, Rural Development, Food and At the request of Mrs. CLINTON, the name of the Senator from Rhode Island Drug Administration, and Related name of the Senator from South Caro- (Mr. CHAFEE) was added as a cosponsor Agencies for the fiscal year ending Sep- lina (Mr. GRAHAM) was added as a co- of S. 1738, a bill to expand the respon- tember 30, 2006, and for other purposes. sponsor of S. 1489, a bill to amend the sibilities of the Special Inspector Gen- AMENDMENT NO. 1835 Public Health Service Act with regard eral for Iraq Reconstruction to provide At the request of Mr. HARKIN, the to research on asthma, and for other independent objective audits and inves- name of the Senator from Pennsyl- purposes. tigations relating to the Federal pro- vania (Mr. SPECTER) was added as a co- S. 1692 grams for Hurricane Katrina recovery. sponsor of amendment No. 1835 pro- At the request of Mr. CONRAD, the S. 1747 posed to H.R. 2744, a bill making appro- names of the Senator from Minnesota At the request of Mr. CORNYN, the priations for Agriculture, Rural Devel- (Mr. DAYTON) and the Senator from names of the Senator from Mississippi opment, Food and Drug Administra- New York (Mrs. CLINTON) were with- (Mr. COCHRAN), the Senator from Vir- tion, and Related Agencies for the fis- drawn as cosponsors of S. 1692, a bill to ginia (Mr. ALLEN) and the Senator cal year ending September 30, 2006, and provide disaster assistance to agricul- from Minnesota (Mr. COLEMAN) were for other purposes. tural producers for crop and livestock added as cosponsors of S. 1747, a bill to f losses, and for other purposes. limit liability for volunteers and those STATEMENTS ON INTRODUCED At the request of Mr. CONRAD, the providing goods and services for dis- BILLS AND JOINT RESOLUTIONS name of the Senator from Michigan aster relief, and for other purposes. By Mr. SANTORUM (for himself (Ms. STABENOW) was added as a cospon- S. 1749 sor of S. 1692, supra. and Mr. DEMINT): At the request of Mr. KENNEDY, the S. 1750. A bill to-provide for the S. 1695 names of the Senator from Oregon (Mr. issuance of certificates to Social Secu- At the request of Mr. HARKIN, the WYDEN), the Senator from Michigan rity beneficiaries who are born before names of the Senator from Minnesota (Ms. STABENOW) and the Senator from 1950 guaranteeing their right to receive (Mr. DAYTON) and the Senator from Il- Hawaii (Mr. INOUYE) were added as co- Social Security benefits under title II linois (Mr. DURBIN) were added as co- sponsors of S. 1749, a bill to reinstate of the Social Security Act in full with sponsors of S. 1695, a bill to provide the the application of the wage require- an accurate annual cost-of-living ad- Secretary of Agriculture with addi- ments of the Davis-Bacon Act to Fed- justment; to the Committee on Fi- tional authority and funding to provide eral contracts in areas affected by Hur- nance. emergency relief, in coordination with ricane Katrina. Mr. SANTORUM. Mr. President, I the Secretary of Homeland Security, to S. CON. RES. 48 rise today to talk about a bill I am in- victims of Hurricane Katrina and re- At the request of Mr. DURBIN, the troducing called the Social Security lated conditions. name of the Senator from Mississippi Guarantee Act. The reason I am intro- S. 1700 (Mr. COCHRAN) was added as a cospon- ducing this piece of legislation is in an At the request of Mr. COBURN, the sor of S. Con. Res. 48, a concurrent res- attempt to try, at a time when it looks name of the Senator from Michigan olution expressing the sense of Con- like the Social Security issue here in (Mr. LEVIN) was added as a cosponsor of gress that a commemorative postage Congress has ground down to almost a S. 1700, a bill to establish an Office of stamp should be issued to promote pub- halt—although I think there is still an the Hurricane Katrina Recovery Chief lic awareness of Down syndrome. opportunity; as we hear, the House Financial Officer, and for other pur- S. RES. 237 may pass something to move the ball poses. At the request of Mr. VOINOVICH, the forward—I want to put forth an idea I S. 1715 names of the Senator from Connecticut think would be helpful as something we At the request of Mr. BINGAMAN, his (Mr. LIEBERMAN) and the Senator from can get done that should have, I hope, name was added as a cosponsor of S. Minnesota (Mr. DAYTON) were added as bipartisan support and would create a 1715, a bill to provide relief for students cosponsors of S. Res. 237, a resolution sense of security and certainly reduce

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10380 CONGRESSIONAL RECORD — SENATE September 22, 2005 anxiety among those at or near retire- workers. So they go out and try to in most cases, the most vulnerable citi- ment with respect to any future scare older workers and retirees. zens in our society. changes to Social Security. I might add, another reason to do The Social Security Guarantee Act is this is, it would not be fair at this By Ms. MIKULSKI: a very simple concept. It says if you point to reduce their benefits or to S. 1751. A bill to amend title 38, were born before 1950, this law now cre- change the structure when they are ei- United States Code, to expand the ates a right for you to the benefits that ther in the system or very close to State sentences for which burial in Na- you have been promised. being in Social Security. tional Cemeteries and Arlington Na- Now, you may say: Why is that a new So this is a step on which I would tional Cemetery are prohibited to in- thing? Well, believe it or not, there is hope we could get bipartisan agree- clude any sentence of life imprison- a Supreme Court case on this point ment, that we could pass this by unani- ment for a State capital crime; to the that says Social Security recipients mous consent. I do not know of any- Committee on Veterans’ Affairs. have no right to the benefits they have body in this Chamber who has made Ms. MIKULSKI. Mr. President, I rise been promised under the law. This the statement that they think we to introduce legislation to close a loop- would create such a right for people should change benefits for current re- hole in current law that allows con- born before 1950. tirees, or that we should change bene- victed murderers to be honored at our Now, why do I pick out 1950? Because fits for folks who are near retirement. national cemeteries. I believe we must in all the legislation that has been in- That being the case, I see no reason we preserve our national cemeteries as troduced in the Congress, the state- would not pass this and, in a sense, places of honor for our veterans. Ar- ments made by the President, and even take those born before 1950 and say: lington National Cemetery—and all our statements made by my colleagues on OK, you are off the table. No Social Se- national cemeteries—are hallowed the other side of the aisle, we have all curity changes are going to affect you. ground. They should not be polluted by agreed that people who are at or near Your interest in the Social Security the remains of convicted murderers. retirement should not be subject to debate then becomes the future, not In August, I learned of a tragic and change, for a couple of reasons, not the you. It becomes your children, your troubling circumstance regarding our least of which is there is money there grandchildren, their children, their national cemeteries. The remains of a to pay those benefits. Cashflow-wise, grandchildren, not how it affects you convicted cold-blooded murderer sen- there will be enough money to pay for and your life today. tenced to two life sentences for his the benefits for our seniors and those I think that is a helpful step in the crimes were buried at Arlington Na- who are near retirement or near the el- right direction, to try to get something tional Cemetery on July 27, 2005. This igible age of 62. So there is not a need that is appropriate, a stronger Social man, Russell Wagner, was convicted of to change the Social Security system Security system, that is appropriately stabbing to death two elderly residents for these individuals. Therefore, every- designed for future generations of of Hagerstown, MD—Daniel Davis, 84 one who is proposing changes to the Americans. and his wife, Wilda Davis, 80. He was system, to save it and strengthen it for I am pleased Senator DEMINT has sentenced in State court to two life the future, has set them aside verbally joined me in this legislation. I cer- sentences for these unspeakable and said: We are not going to propose tainly put out a call for all those who crimes. While serving his sentence in anything that is going to affect your are interested in trying to take a small prison, Wagner died from a heroin over- benefits if you were born before 1950. step forward in moving the Social Se- dose. Because he served honorably in Well, if we are going to say that, and curity agenda to join me in securing Vietnam, his remains were allowed to promise that, then I think a step for- the benefits for our seniors, removing be placed in Arlington National Ceme- ward—both in terms of our ability to the anxiety that often comes, particu- tery with full military honors, even find a solution to the problem for larly with those who live from Social though he committed this terrible younger workers and the fact that So- Security check to Social Security crime. cial Security will not have sufficient check, removing the anxiety that they This episode has been terribly painful resources to pay for benefits in the fu- have about the potential for their bene- for the Davis family, understandably: ture—we take a step forward if we fits to be affected by any changes Con- they have had to relive the horror of promise to put in law a guarantee that gress would make. This would create a their parents’ brutal murder, while see- older workers’ and retirees’ benefits vote, which I suspect would be unani- ing the man who took away their loved are guaranteed by the law. mous, that would put every Senator on ones being honored as a hero in our Na- The second benefit is one that is po- record for putting in the law that they tion’s most sacred burial ground. There litical in this sense, in that one of the will not change the Social Security has been community outrage—which I difficulties in trying to rally support in benefits for those who were born before share. The law that allows this dis- the public for a program that will save 1950. That has a powerful effect when a grace must be changed. and strengthen Social Security for Member votes that way. It makes it Arlington is for heroes. So many younger workers is the anxiety that very difficult for them to come back Marylanders who served with honor older workers have and retirees have and say: I am going to change my were laid to rest in Arlington, the he- that somehow or other, at the last mind. roes from every war: men like Navy minute, they will be folded into this It is a meaningful piece of legisla- Diver Michael Steadam, who was bru- bill and somehow their benefits will be tion. It is a step in the right direction. tally murdered by terrorists simply be- affected or their taxes will be in- It does remove the anxiety which is a cause he was a member of our military. creased. positive thing for our seniors. It cre- In the Iraqi conflict, 37 Marylanders This should provide a level of com- ates a platform for us to build into the have died, including two from the same fort and reduce that anxiety and create future a stronger Social Security sys- high school who died within weeks of a proper focus for reform, the proper tem. I am hopeful that in the next cou- each other. These are the heroes who focus for reform being the future, not ple of months, if not early next year, deserve burial at our national ceme- the present, not the past. that we can get a vote on this; that we teries. So I put this forward as an admit- can have unanimous consent to bring it In my 18 years as the head of the VA– tedly minimalist step, but I think an up and to pass it and to get a strong HUD subcommittee, I was proud to important one, that creates a better vote from every Member of the Senate work closely with our Veterans’ Serv- atmosphere where there are not polit- that Social Security reform programs ice Organizations. They are tireless ad- ical accusations of trying to take put forward in the Senate to save and vocates for America’s veterans. I so re- someone’s Social Security check away strengthen the Social Security system spect and admire them. I know many or that grandma’s check be cut in half, will be all about the future, will be all in these groups are uncomfortable with or whatever the case may be. You hear about younger workers and how we the idea of Congress tinkering with the all these things from those who do not make the system stable for them with- benefits our veterans have earned. I want to make any kind of changes to out using scare tactics about how it is can understand their yellow flashing the Social Security system for younger going to affect older workers who are, lights. Promises made to our veterans

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10381 must be promises kept. For 18 years, I any sense. The purpose of the 1997 law our FMAP funds for 2006, resulting in a fought every day to safeguard these was to protect the standards our mili- loss of approximately $65 million, benefits—and continue to do so, be- tary men and women live by: to protect along with 21 other states that will suf- cause they represent America’s pay- the values they fight and die for. The fer more than a 0.5 percent reduction. I ment of a debt we owe our brave vet- cold-blooded murder of an elderly cou- would like to introduce with unani- erans for their service—a debt that can ple is certainly contrary to those val- mous consent the text of a chart cre- never be fully repaid. But this is mur- ues. ated by the Oklahoma Health Care Au- der. I am introducing this bill on behalf of thority that lays out the 2006 FMAP re- Federal law already prohibits mur- the Davis family. But I am also intro- duction. derers from being honored at Arlington ducing it on behalf of a Nation at war. and our national cemeteries. In 1997, Every day across this country, brave Federal law states that the FMAP is Congress passed a law to restrict burial young soldiers are being honored and based on the three most recent cal- eligibility, to prevent convicted Okla- laid to rest in our national cemeteries. endar years with acceptable data avail- homa City bomber Timothy McVeigh We have precious little to offer in com- able from the Department of Com- from being buried in a national ceme- fort for their grieving loved ones, who merce. Every four to five years the De- tery following his execution. Under have made the ultimate sacrifice a Na- partment of Commerce’s Bureau of current law, if a veteran is convicted of tion can ask. But we can insist that Economic Analysis performs a com- a capital crime in a Federal court, he these sacred resting places and the prehensive revision of its calculation of or she cannot be placed in a national honors our Nation rightfully bestowed per capita income. They performed a cemetery. Yet, if someone is convicted on those who have died in its service revision in 2003 which revises the data of the same crime in a State court, are preserved as sanctuaries and monu- for the previous years as well. There- they retain their eligibility to be ments to the values they died pro- fore, when the Centers for Medicare placed in a national cemetery if they tecting. Placing the remains of a cold- and Medicaid Services (CMS) cal- are eligible for parole. This loophole blooded murderer in this hallowed culated the FMAP for fiscal year 2006, enabled the man who murdered Mr. and ground makes a mockery of that serv- they used the revised data from 2001, Mrs. Davis to be placed alongside the ice. And it is wrong. 2002 and 2003. A reduction of 2.27 per- heroes at Arlington. cent would be disastrous for the state Why did Congress pass what is known By Mr. INHOFE: of Oklahoma. as the McVeigh law? Not to further S. 1754. A bill to apply the Federal My legislation purposes to keep the punish the guilty, but to preserve our medical assistance percentage deter- fiscal year 2005 percentage levels for national cemeteries as places of honor mined for a State for fiscal year 2005 2006 through 2014, while we take an in for our veterans. So I was shocked to for fiscal years 2006 through 2014; to the learn that the law we passed in 1997 Committee on Finance. depth look at revising the formula so does not apply in the case of the man Mr. INHOFE. Mr. President, I rise states do not continue to get hit with who murdered Daniel and Wilda Davis. today to introduce a bill to apply the such drastic reductions. Please join me He was convicted of two life sentences, Federal Medical Assistance Percentage in supporting this important legisla- but because he was convicted in State (FMAP) for a State for fiscal year 2005 tion. court, he remained eligible for inter- for fiscal years 2006 through 2014. Okla- There being no objection, the chart ment with honors at Arlington Na- homa is one of the hardest hit States was ordered to be printed in the tional Cemetery. This doesn’t make receiving a 2.27 percent reduction in RECORD, as follows: OKLAHOMA HEALTH CARE AUTHORITY [Estimated Federal Cost Impact to Cap FMAP Reduction at .5 Percentage Point Projected FFY 2006]

2006 Total MAP Total cost to Federal cost Dif: adj. cost State FMAP expenditures state w/full to cap FMAP to State w/5% reduction (2004 trended) FMAP reduction reduction @ 5% reduction

Alaska ...... 7.42 (percent) 927,820,408 68,844,274 64,205,172 4,639,102 Wyoming ...... 3.67 (percent) 411,742,028 15,110,932 13,052,222 2,058,710 New Mexico ...... 3.15 (percent) 2,507,212,586 78,977,196 66,441,134 12,536,063 Oklahoma ...... 2.27 (percent) 2,924,733,647 66,391,454 51,767,786 14,623,668 Maine ...... 1.99 (percent) 2,344,739,613 46,660,318 34,936,620 11,723,698 West Virginia ...... 1.66 (percent) 2,362,624,867 39,219,872 27,406,657 11,813,214 North Dakota ...... 1.64 (percent) 565,830,511 9,279,620 6,450,468 2,829,153 Vermont ...... 1.62 (percent) 899,658,464 14,574,467 10,076,175 4,498,292 Utah ...... 1.38 (percent) 1,445,925,839 19,953,777 12,724,147 7,229,629 Montana ...... 1.36 (percent) 726,849,009 9,885,147 6,250,901 3,634,245 Alabama ...... 1.32 (percent) 4,174,809,256 55,107,482 34,233,436 20,874,046 Louisiana ...... 1.25 (percent) 5,735,530,756 71,694,134 43,016,481 28,677,654 Nevada ...... 1.14 (percent) 1,202,661,716 13,710,344 7,697,035 6,013,309 Mississippi ...... 1.08 (percent) 3,752,796,588 40,530,203 21,766,220 18,763,983 Arkansas ...... 0.98 (percent) 2,974,366,673 29,148,793 14,276,960 14,871,833 South Dakota ...... 0.96 (percent) 622,166,738 5,972,801 2,861,967 3,110,834 Rhode Island ...... 0.93 (percent) 1,900,919,404 17,678,550 8,173,953 9,504,597 Tennessee ...... 0.82 (percent) 8,319,862,112 68,222,869 26,623,559 41,599,311 Idaho ...... 0.71 (percent) 1,069,486,215 7,593,352 2,245,921 5,347,431 Wisconsin ...... 0.67 (percent) 5,292,600,883 35,460,426 8,997,442 26,463,004 Kansas ...... 0.60 (percent) 2,055,601,420 12,333,609 2,055,601 10,278,007 South Carolina ...... 0.57 (percent) 4,449,546,832 25,362,417 3,114,683 22,247,734 Total ...... 56,667,503,565 751,712,038 468,374,520 283,337,518 Note: Included are states that are projected to experience an FMAP reduction in FFYO6. Estimated costs provided in this chart are based on state MAP expenditures published on CMS 64 reports (2004 trended by 9% for 2 years). The costs do not reflect official estimates from any of the states, but should provide a fair representation of the impact for each state.

By Mr. DAYTON: reaucracy, it is imperative that we ele- endeavor to promote justice and demo- S. 1756. A bill to establish a Depart- vate peace to at least the same level as cratic principles to expand human rights; war within the Federal Government, strengthen nonmilitary means of peace- ment of Peace and Nonviolence; to the making; Committee on Homeland Security and inside the President’s Cabinet Room, promote the development of human poten- Governmental Affairs. and in our national policymaking. tial; Mr. DAYTON. Mr. President, I rise The Department’s mission is set work to create peace, prevent violence, di- today to introduce legislation to create forth in section 101 of the proposed leg- vert from armed conflict, use field-tested a Department of Peace and Non- islation. It says: programs, and develop new structures and nonviolent dispute resolution; violence, headed by a Cabinet-level The Department shall— take a proactive, strategic approach in the Secretary of Peace and Nonviolence. hold peace as an organizing principle, co- development of policies that promote na- While I am loath to add another agency ordinating service to every level of American tional and international conflict prevention, to the already oversized Federal bu- society; nonviolent intervention, mediation, peaceful

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10382 CONGRESSIONAL RECORD — SENATE September 22, 2005 resolution of conflict, and structured medi- Mr. President, 158 years later Presi- I am introducing a second version of ation of conflict; dent Dwight Eisenhower, himself no the Hurricane Katrina Reconstruction address matters both domestic and inter- stranger to war, said: and Displaced Worker Assistance Act national in scope, and encourage the development of initiatives I think people want peace so much that of 2005. It will still give priority to from local communities, religious groups, one of these days governments had better get those companies who hire displaced and nongovernmental organizations. out of the way and let them have it. workers, but it will also ensure that all The legislation mandates that an To further that goal, in 1984, Con- workers are paid the prevailing wage. amount not less than 2 percent of the gress passed legislation and President I urge my colleagues to support the Department of Defense’s annual appro- Ronald Reagan signed it into law, cre- bill. priation be expended for those peace- ating the U.S. Institute of Peace. f making and peace-advancing efforts, Today, the Institute of Peace is an SUBMITTED RESOLUTIONS which does not affect the Department independent, nonpartisan organization of Defense’s level of funding. funded by Congress to promote peace Now is clearly the time to create a and curb violent international conflict. SENATE RESOLUTION 247—COM- Department of Peace and Nonviolence. The last 20 years have shown that the MENDING THE LIBRARY OF The continuing war in Iraq, a war Institute, and all of us, have much CONGRESS’S PRIVATE-SECTOR which I opposed, a war initiated before more to do to create and to sustain a ADVISORY BODY, THE JAMES all attempts at peaceful resolution had peaceful world. MADISON COUNCIL, AND ITS been made, should teach us again that Similar to Thomas Jefferson, peace, FOUNDING CHAIRMAN, JOHN W. war is not the answer. Despite the in- safety and concord for our fellow citi- KLUGE, ON 15 YEARS OF EXEM- credible heroism of the men and zens is the most ardent wish of my PLARY SERVICE TO CONGRESS women in our Armed Forces who have heart. If I can be instrumental in pro- AND THE NATION AND LOOKING fought, patrolled, and helped so well curing or preserving them, I think that FORWARD TO THE COUNCIL’S and for so long in Iraq, 138,000 of them I shall not have lived in vain. CONTINUED SUCCESS IN THE are still there with no end in sight. A peaceful world, inhabited by people YEARS AHEAD More of them are wounded, maimed, throughout the world who have learned Mr. STEVENS submitted the fol- and killed every day. Terrorism activi- how to keep peace better than how to lowing resolution; which was consid- ties against our troops and against make war, who want peace, who know ered and agreed to: its benefits and who insist that their Iraqi citizens are continuing and even S. RES. 247 governments let them have it—that increasing in their lethality. Whereas the James Madison Council, the Tragically, wrongly, but unavoid- would be the best world and the great- Library of Congress’s first-ever national ad- ably, anti-American hatred also con- est inheritance we could give to our visory and support group in the 205-year his- tinues to grow throughout the Arab children and our grandchildren and tory of the Library of Congress is celebrating world. Who can doubt that some of the generations that will follow them. its 15th year under the continuing strong sons and daughters of Iraqis killed dur- Without it, nothing else is reliable. leadership of its Founding Chairman John W. Kluge; ing the past 21⁄2 years of war will grow With it, everything else is possible. Whereas the James Madison Council re- up to become vicious terrorists, hell- By Mrs. BOXER: mains a loyal group of friends whose vision bent on revenge against America. Our S. 1763. A bill to promote the employ- and generosity have made possible many new leaders did not intend to create this ment of workers displaced by Hurri- initiatives within America’s oldest Federal anti-American backlash, what the CIA cane Katrina in connection with Hurri- cultural institution; calls ‘‘blowback.’’ However, they are Whereas John Kluge has energized this cane Katrina reconstruction efforts; to ignoring it at our peril. group of dedicated and generous individuals the Committee on Health, Education, Our Nation possesses a military from the private-sector to help this unique Labor, and Pensions. might that is unprecedented in the institution that was created by Congress to Mrs. BOXER. Mr. President, we have make added contributions for the good of the world’s history and unparalleled in the all seen the unprecedented destruction Nation; world today. We must remain so. and suffering caused by Hurricane Whereas John Kluge’s example and leader- Yet, if we are to remain the world’s ship has benefitted not only the Library of leader and if we are to lead the world Katrina. With the Katrina disaster, tens of Congress and Congress, but also scholars, re- into a more secure and a more pros- searchers, and lifelong learners everywhere, thousands of people in the Gulf States perous future, we must become better and has created a new international award at have lost their jobs. In fact, over known and more respected for our the highest level for lifetime achievement in 200,000 have filed for unemployment peacemaking successes than for our the study of humanity; benefits. For that reason, I introduced military forces. Peace is far more than Whereas building on John Kluge’s gen- the Hurricane Katrina Reconstruction erosity, the James Madison Council has the absence of war, although that is and Displaced Workers Assistance Act strengthened and enriched the world of the starting point. Peace, to have any of 2005. This legislation would give pri- scholarship in Washington, District of Co- lasting value, must be advanced, ex- ority in awarding Federal contracts for lumbia, and provided new on-line edu- panded, and strengthened continu- cational material for the classrooms of the the rebuilding efforts to those compa- ously. Doing so requires skill, dedica- Nation and the world; nies where workers displaced by Hurri- tion, persistence, resources and, most Whereas the members of the James Madi- cane Katrina comprise at least 25 per- importantly, people. We need thou- son Council have added a significant number cent of the workforce fulfilling the sands of American emissaries of peace of rare and historic materials of major im- contract. It is the least we could do to portance to the national collection of the Li- at home and abroad. We need our em- help displaced workers. brary of Congress, such as the 1507 bassies to become centers for peaceful Unfortunately, on the same day I in- Waldseemu¨ ller map of the world, which was initiatives worldwide, and we need ad- troduced my bill to help workers, the first map to include America, made pos- vocates for peace-promoting policies President Bush did just the opposite. sible by members John Hendricks, Mar- here in Washington. guerite and Gerry Lenfest, and David Koch, He issued a proclamation saying that This country was founded by a Revo- the restoration of Thomas Jefferson’s origi- those who get Federal contracts for re- lutionary War, a necessary war for nal library, which is the cornerstone of the building will not have to pay workers independence. But our Nation’s Found- Library’s collections, thanks to Jerry Jones, the prevailing wage. This is unfair to a major private collection from members ers wanted this to be a nation of peace. working men and women. It is not Jean and Jay I. Kislak, which documents the President Thomas Jefferson said, in right. The tragedy of Hurricane encounter between European explorers and 1801: Katrina should not be used as an ex- the indigenous peoples of North America That peace, safety, and concord may be the cuse to take advantage of working peo- and, thanks to Jon and Lillian Lovelace, the portion of our native land, and be long-en- Alan Lomax collection, which is the largest joyed by our fellow-citizens, is the most ar- ple. collection of ethnographic material ever as- dent wish of my heart, and if I can be instru- Therefore, to ensure that workers in sembled by one person; and mental in procuring or preserving them, I the region affected by the hurricane Whereas led by John Kluge, the James shall think I have not lived in vain. are paid the region’s prevailing wages, Madison Council has furthered the programs

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10383 of the Librarian of Congress, James H. SENATE RESOLUTION 249—COM- mitted the following resolution; which Billington, such as the National Digital Li- MEMORATING THE OAHU ALL- was considered and agreed to: brary, which provides free internet access to STARS FOR WINNING THE 2005 S. RES. 250 10,000,000 of the most historically important CAL RIPKEN WORLD SERIES AND and educationally valuable primary mate- Whereas the American Gold Star Mothers rials in the Library’s collection, the Na- THE HAWAII WARRIORS FOR have suffered the supreme sacrifice of moth- tional Book Festival, which celebrates the WINNING THE 2005 CONTINENTAL erhood by losing sons and daughters who joys of reading, and the Library’s Bicenten- AMATEUR BASEBALL ASSOCIA- served in the Armed Forces, and thus perpet- nial celebration in the year 2000: Now, there- TION WORLD SERIES (AGES 9– uate the memory of all whose lives were sac- fore, be it UNDER) rificed in our wars; Resolved, That the Senate commends the Whereas the American Gold Star Mothers Library of Congress’s private-sector advisory Mr. AKAKA (for himself and Mr. assist veterans of the Armed Forces and body, the James Madison Council, and its INOUYE) submitted the following reso- their dependents in the presentation of Founding Chairman, John W. Kluge, on 15 lution; which was considered and claims to the Veterans’ Administration, and years of exemplary service to Congress and agreed to: aid the men and women who served and died the Nation and looks forward to its contin- or were wounded or incapacitated during S. RES. 249 ued success in the years ahead. hostilities; Whereas on August 21, 2005, the Oahu All- Whereas the services rendered to the f Stars won the 2005 Cal Ripken World Series; United States by the mothers of America SENATE RESOLUTION 248—COM- Whereas the team from Oahu worked to- have strengthened and inspired our Nation MEMORATING THE WEST OAHU gether in the 1 hit shutout title game to beat throughout our history; LITTLE LEAGUE TEAM FOR WIN- the series reigning champs, Team Mexico; Whereas we honor ourselves and the moth- Whereas the manager and coaching staff, ers of America when we revere and empha- NING THE 2005 LITTLE LEAGUE Gerald Oda, Keith Oda, and Staphe WORLD SERIES size the role of the home and the family as Fujimoto, respectively, had the ability to in- the true foundations of our Nation; Mr. AKAKA (for himself and Mr. still 14 boys from Oahu with the confidence Whereas by doing so much for the home, INOUYE) submitted the following reso- and skills needed to succeed in a world com- the American mother is a source of moral lution; which was considered and petition; and spiritual guidance for the people of the agreed to: Whereas Kewby Meyer was named the Most United States and thus acts as a positive Outstanding Player in the series; force to promote good government and peace S. RES. 248 Whereas Kewby Meyer, Timmy Arakawa, among all mankind; and Whereas on August 28, 2005, the West Oahu Gavin Okada, and Kalani Lagoc-Crawford Whereas September 25, 2005, is being recog- Little League Team from Ewa Beach, Ha- were named to the 2005 United States All nized as Gold Star Mothers Day: Now, there- waii, won the 2005 Little League Baseball World Series Team and Kash Kalohelani, fore, be it World Series Championship; Ryan Cortez, and Ryan Yamane were named Resolved, That the Senate— Whereas the Ewa Beach team defeated the to the 2005 All Defensive Team; (1) supports the goals and ideals of Gold defending champions Curacao, 7-6, in a dra- Whereas on August 5, 2005, the Hawaii War- Star Mothers Day; and matic, come-from-behind victory in only the riors won the 2005 Continental Amateur (2) calls on the people of the United States second extra-inning championship game in Baseball Association World Series (ages 9- to observe such day with appropriate cere- the history of the Little League World Se- under) championship game; monies and activities. ries; Whereas the team battled from behind in f Whereas the victory marked the first Lit- the final innings of the championship game tle League World Series championship for to beat the Cincinnati Flames and complete AMENDMENTS SUBMITTED AND the State of Hawaii; the series with a perfect 9–0 record; and PROPOSED Whereas manager Layton Aliviado had the Whereas all of the teams’ players showed SA 1850. Mr. COBURN submitted an ability to instill 12 boys from Ewa Beach tremendous dedication throughout their amendment intended to be proposed by him with the confidence and skills needed to re- tournaments toward the goal of winning to the bill H.R. 2528, an act making appro- main focused and fight back to win after fall- World Series Championships and displayed priations for Military Construction and Vet- ing behind; great class and sportsmanship in victory: erans Affairs, and Related Agencies for the Whereas the team hit 13 home runs during Now, therefore, be it fiscal year ending September 30, 2006, and for the 6 game tournament, including 3 in the Resolved, That the Senate— other purposes; which was ordered to lie on championship game victory; (1) commends the Oahu All-Stars for win- the table. Whereas the champions hit at least 1 home ning the 2005 Cal Ripken World Series title SA 1851. Mr. DEWINE (for himself and Mr. run in every tournament game, with Vonn game and the Hawaii Warriors for winning VOINOVICH) submitted an amendment in- Feao knocking out a tournament high 4, Mi- the 2005 Continental Amateur Baseball Asso- tended to be proposed by him to the bill H.R. chael Memea and Alakai Aglipay each hit 3, ciation World Series (ages 9-under); 2528, supra; which was ordered to lie on the Sheyne Baniaga hit 2 (including the game (2) recognizes the achievements of all the table. winner in the United States semifinal), and teams’ players, coaches, and support staff, SA 1852. Mr. AKAKA (for himself and Mr. Quentin Guevara hit 1; and invites them to the United States Cap- SCHUMER) submitted an amendment intended Whereas Michael Memea’s game-ending itol to be honored; to be proposed by him to the bill H.R. 2528, homer was a first in the history of the Little (3) urges the President to— supra. League championship game; and (A) recognize the achievements of the Oahu SA 1853. Mr. AKAKA submitted an amend- Whereas all of the team’s players showed All-Star team and the Hawaii Warriors team; ment intended to be proposed by him to the tremendous dedication throughout the sea- and bill H.R. 2528, supra; which was ordered to lie son and the tournament toward the goal of (B) invite the teams to the White House for on the table. winning the World Championship and dis- an appropriate ceremony honoring these SA 1854. Ms. LANDRIEU submitted an played great class and sportsmanship in vic- world championship teams; and amendment intended to be proposed by her tory: Now, therefore, be it (4) directs the Secretary of the Senate to— to the bill H.R. 2528, supra; which was or- Resolved, That the Senate— (A) make available enrolled copies of this dered to lie on the table. (1) commends the West Oahu Little League resolution to the Oahu All-Star team and the SA 1855. Ms. LANDRIEU submitted an Team from Ewa Beach for winning the 2005 Hawaii Warriors team for appropriate dis- amendment intended to be proposed by her Little League Baseball World Series Cham- play. to the bill H.R. 2528, supra; which was or- pionship; f dered to lie on the table. (2) recognizes the achievements of all the SA 1856. Mr. MARTINEZ (for himself and team’s players, coaches, and support staff, SENATE RESOLUTION 250—SUP- Mr. NELSON, of Florida) submitted an amend- and invites them to the United States Cap- PORTING THE GOALS AND ment intended to be proposed by him to the itol to be honored; IDEALS OF GOLD STAR MOTH- bill H.R. 2528, supra; which was ordered to lie (3) urges the President to— ERS DAY on the table. (A) recognize the achievements of the West SA 1857. Mr. JEFFORDS submitted an Oahu Little League Team from Eva Beach; Mr. COBURN (for himself, Mr. ALLEN, amendment intended to be proposed by him and Mr. BINGAMAN, Mr. BYRD, Mr. CRAPO, to the bill H.R. 2528, supra; which was or- (B) invite the team to the White House for Mr. GRAHAM, Mr. HAGEL, Mr. ISAKSON, dered to lie on the table. an appropriate ceremony honoring a world SA 1858. Mrs. HUTCHISON (for Mr. Mr. LEVIN, Ms. MURKOWSKI, Ms. SNOWE, championship team; and COBURN) proposed an amendment to the bill (4) directs the Secretary of the Senate to— Mr. THUNE, Mr. BUNNING, Mrs. CLINTON, H.R. 2528, supra. (A) make available enrolled copies of this Mr. DORGAN, Mr. GRASSLEY, Mr. LAU- SA 1859. Mrs. HUTCHISON (for Mr. CAR- resolution to the West Oahu Little League TENBERG, Mr. SANTORUM, Mr. THOMAS, PER) proposed an amendment to the bill H.R. Team for appropriate display. Mr. JOHNSON, and Mr. MARTINEZ) sub- 2528, supra.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10384 CONGRESSIONAL RECORD — SENATE September 22, 2005 SA 1860. Mrs. HUTCHISON (for Mrs. ment intended to be proposed by him Construction and Veterans Affairs, and BOXER) proposed an amendment to the bill to the bill H.R. 2528, an act making ap- Related Agencies for the fiscal year H.R. 2528, supra. propriations for Military Construction ending September 30, 2006, and for SA 1861. Mrs. HUTCHISON (for Mr. CHAM- and Veterans Affairs, and Related other purposes; which was ordered to BLISS (for himself and Mr. ISAKSON)) proposed an amendment to the bill H.R. 2528, supra. Agencies for the fiscal year ending Sep- lie on the table; as follows: SA 1862. Mrs. HUTCHISON (for Mrs. FEIN- tember 30, 2006, and for other purposes; On page 72, between lines 13 and 14, insert STEIN) proposed an amendment to the bill as follows: the following: H.R. 2528, supra. On page 76, line 22, strike ‘‘$23,308,011,000’’ SEC. 130. Of the amount appropriated by SA 1863. Mrs. HUTCHISON (for Mr. FEIN- and insert ‘‘$23,318,011,000’’. this title under the heading ‘‘MILITARY CON- GOLD (for himself and Mr. SALAZAR)) pro- On page 77, line 1, insert ‘‘$109,000,000 shall STRUCTION, NAVY AND MARINE CORPS’’ and posed an amendment to the bill H.R. 2528, be available for the Readjustment Coun- available for architectural and engineering supra. seling Service: Provided further, That’’ after services and construction design, $500,000 SA 1864. Mrs. HUTCHISON (for Mr. DURBIN ‘‘this heading,’’. shall be made available for the design of (for himself, Mrs. MURRAY, Mr. OBAMA, and On page 78, line 22, strike ‘‘$1,456,821,000’’ wharf upgrades at Naval Station Mayport, Mr. AKAKA)) proposed an amendment to the and insert ‘‘$1,446,821,000’’. Florida. bill H.R. 2528, supra. On page 79, line 7, strike ‘‘$100,000,000’’ and SA 1865. Mrs. HUTCHISON (for Mr. DURBIN insert ‘‘$90,000,000’’. SA 1857. Mr. JEFFORDS submitted (for himself and Mr. OBAMA)) proposed an an amendment intended to be proposed amendment to the bill H.R. 2528, supra. SA 1853. Mr. AKAKA submitted an by him to the bill H.R. 2528, an act SA 1866. Mrs. HUTCHISON (for Mr. JEF- amendment intended to be proposed by FORDS) proposed an amendment to the bill making appropriations for Military H.R. 2528, supra. him to the bill H.R. 2528, an act mak- Construction and Veterans Affairs, and SA 1867. Mrs. HUTCHISON (for Mr. SALA- ing appropriations for Military Con- Related Agencies for the fiscal year ZAR) proposed an amendment to the bill H.R. struction and Veterans Affairs, and Re- ending September 30, 2006, and for 2528, supra. lated Agencies for the fiscal year end- other purposes; which was ordered to SA 1868. Mr. CRAIG (for Mr. SALAZAR (for ing September 30, 2006, and for other lie on the table; as follows: himself and Mr. BINGAMAN)) proposed an purposes; which was ordered to lie on On page 93, between lines 20 and 21, insert amendment to the bill H.R. 2528, supra. the table; as follows: SA 1869. Mr. THOMAS (for himself and Mr. the following: ENZI) submitted an amendment intended to On page 76, lines 22 and 23, strike SEC. 222. CLINICAL TRAINING AND PROTOCOLS. ‘‘$23,308,011,000, plus reimbursements, of be proposed by him to the bill H.R. 2528, (a) FINDINGS.—Congress finds that— which $1,977,000,000’’ and insert supra; which was ordered to lie on the table. (1) the Iraq War Clinician Guide has tre- ‘‘$23,318,011,000, plus reimbursements, of SA 1870. Mr. FRIST (for Mrs. HUTCHISON) mendous value; and which $1,987,000,000’’. proposed an amendment to the bill H.R. 2528, (2) the Secretary of Defense and the Na- On page 77, line 1, insert ‘‘$109,000,000 shall supra. tional Center on Post Traumatic Stress Dis- be available for the Readjustment Coun- SA 1871. Mr. FRIST (for Mrs. HUTCHISON) order should continue to work together to seling Service: Provided further, That’’ after proposed an amendment to the bill H.R. 2528, ensure that the mental health care needs of ‘‘this heading,’’. supra. servicemembers and veterans are met. f SA 1854. Ms. LANDRIEU submitted (b) COLLABORATION.—The National Center TEXT OF AMENDMENTS on Post Traumatic Stress Disorder shall col- an amendment intended to be proposed laborate with the Secretary of Defense— SA 1850. Mr. COBURN submitted an by her to the bill H.R. 2528, an act mak- (1) to enhance the clinical skills of mili- amendment intended to be proposed by ing appropriations for Military Con- tary clinicians through training, treatment him to the bill H.R. 2528, an act mak- struction and Veterans Affairs, and Re- protocols, web-based interventions, and the ing appropriations for Military Con- lated Agencies for the fiscal year end- development of evidence-based interven- struction and Veterans Affairs, and Re- ing September 30, 2006, and for other tions; and (2) to promote pre-deployment resilience lated Agencies for the fiscal year end- purposes; which was ordered to lie on the table; as follows: and post-deployment readjustment among ing September 30, 2006, and for other servicemembers serving in Operation Iraqi purposes; which was ordered to lie on On page 72, between lines 13 and 14, insert Freedom and Operation Enduring Freedom. the following: the table; as follows: (c) TRAINING.—The National Center on Post SEC. 130. The amount appropriated by this At the appropriate place, insert the fol- Traumatic Stress Disorder shall work with title under the heading ‘‘MILITARY CON- lowing: the Secretary of Defense to ensure that clini- STRUCTION, ARMY’’ is hereby increased by SEC. . Any limitation, directive, or ear- cians in the Department of Defense are pro- marking contained in either the House of $4,299,000, with the amount of such increase vided with the training and protocols devel- Representatives or Senate report accom- to be made available for demolition of World oped pursuant to subsection (b)(1). panying H.R. 2528 shall also be included in War II era wooden buildings at Fort Polk, Louisiana. the conference report or joint statement ac- SA 1858. Mrs. HUTCHISON (for Mr. companying H.R. 2528 in order to be consid- SA 1855. Ms. LANDRIEU submitted COBURN) proposed an amendment to the ered as having been approved by both Houses bill H.R. 2528, an act making appropria- of Congress. an amendment intended to be proposed by her to the bill H.R. 2528, an act mak- tions for Military Construction and SA 1851. Mr. DEWINE (for himself ing appropriations for Military Con- Veterans Affairs, and Related Agencies and Mr. VOINOVICH) submitted an struction and Veterans Affairs, and Re- for the fiscal year ending September 30, amendment intended to be proposed by lated Agencies for the fiscal year end- 2006, and for other purposes; as follows: him to the bill H.R. 2528, an act mak- ing September 30, 2006, and for other At the appropriate place, insert the fol- ing appropriations for Military Con- purposes; which was ordered to lie on lowing: struction and Veterans Affairs, and Re- the table; as follows: SEC. ll. Any limitation, directive, or ear- lated Agencies for the fiscal year end- marking contained in either the House of On page 72, between lines 13 and 14, insert Representatives or Senate report accom- ing September 30, 2006, and for other the following: panying H.R. 2528 shall also be included in purposes; which was ordered to lie on SEC. 130. The amount appropriated by this the conference report or joint statement ac- the table; as follows: title under the heading ‘‘MILITARY CON- companying H.R. 2528 in order to be consid- STRUCTION, ARMY’’ is hereby increased by On page 72, between lines 13 and 14, insert ered as having been approved by both Houses $15,000,000, with the amount of such increase the following: of Congress. to be made available to replace World War II SEC. 130. The amount appropriated by this era mobilization and demobilization build- title under the heading ‘‘MILITARY CON- SA 1859. Mrs. HUTCHISON (for Mr. ings at the north fort of Fort Polk, Lou- STRUCTION, AIR FORCE’’ is hereby increased CARPER) proposed an amendment to the by $12,950,000, with the amount of such in- isiana, with portable temporary modular building structures. bill H.R. 2528, an act making appropria- crease to be available for the construction of tions for Military Construction and an academic building at the Air Force Insti- tute of Technology at Wright-Patterson Air SA 1856. Mr. MARTINEZ (for himself Veterans Affairs, and Related Agencies Force Base, Ohio. and Mr. NELSON of Florida) submitted for the fiscal year ending September 30, an amendment intended to be proposed 2006, and for other purposes; as follows: SA 1852. Mr. AKAKA (for himself and by him to the bill H.R. 2528, an act On page 72, between lines 13 and 14, insert Mr. SCHUMER) submitted an amend- making appropriations for Military the following:

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SEC. 130. Of the amount appropriated by (C) the names and locations of VA medical committee on Appropriation of the Senate this title under the heading ‘‘MILITARY CON- centers receiving such vouchers; and that describes a plan (including estimated STRUCTION, AIR NATIONAL GUARD’’ and avail- (11) a description of activities relating to costs) to provide an adequate supply of the able for planning and design, $1,440,000 shall veterans of the Department of Housing and 2006 edition of handbook entitled, Federal be available for planning and design for a re- Urban Development. Benefits for Veterans and Dependents, and placement C–130 maintenance hangar at Air (b) ACQUISITION OF SUPPORTING INFORMA- all subsequent editions, to all county vet- National Guard New Castle County Airport, TION.—In carrying out the study under this erans service officers in the United States. Delaware. section, the Comptroller General shall seek to obtain views from the following persons: SA 1864. Mrs. HUTCHISON (for Mr. Mrs. HUTCHISON (for Mrs. (1) The Secretary of Housing and Urban SA 1860. DURBIN (for himself, Mrs. MURRAY, Mr. BOXER) proposed an amendment to the Development. (2) The Secretary of Veterans Affairs. OBAMA, and Mr. AKAKA)) proposed an bill H.R. 2528, an act making appropria- amendment to the bill H.R. 2528, an act tions for Military Construction and (3) Low-income, very low-income, and ex- tremely low-income veterans. making appropriations for Military Veterans Affairs, and Related Agencies (4) Representatives of State and local hous- Construction and Veterans Affairs, and for the fiscal year ending September 30, ing assistance agencies. Related Agencies for the fiscal year 2006, and for other purposes; as follows: (5) Representatives of nonprofit low-in- ending September 30, 2006, and for On page 93, between lines 20 and 21, insert come housing providers and homeless service other purposes; as follows: the following: providers, including homeless veteran serv- On page 93, between lines 20 and 21, insert SEC. 222. REPORT ON HOUSING ASSISTANCE TO ice providers. LOW-INCOME VETERANS. (6) National advocacy organizations con- the following: (a) IN GENERAL.—The Comptroller General cerned with veterans, homelessness, and low- SEC. 222. None of the funds made available shall conduct a study on housing assistance income housing. in this Act or any other Act may be used— to low-income veterans, including— (c) TIMING OF REPORT.—Not later than 6 (1) to revoke or reduce a veteran’s dis- (1) an estimate of the number of low-in- months after the date of enactment of this ability compensation for post-traumatic come, very low-income, and extremely low- Act, the Comptroller General shall submit to stress disorder based on a finding that the income veteran households; Congress a report on the study conducted Department of Veterans Affairs failed to col- (2) a description of the demographic and under this section. lect justifying documentation unless such socioeconomic characteristics and health failure was the direct result of fraud by the and disability status of such households; SA 1861. Mrs. HUTCHISON (for Mr. applicant; or (3) an estimate of the number of such CHAMBLISS (for himself and Mr. ISAK- (2) for the implementation of Rec- households experiencing a high cost burden SON)) proposed an amendment to the ommendation 3 of VA Inspector General Re- in, overcrowding in, or poor quality of hous- bill H.R. 2528, an act making appropria- port No. 05–00765–137 or any related review ing, or experiencing homelessness; tions for Military Construction and and investigation of post-traumatic stress (4) an assessment of such households, in- Veterans Affairs, and Related Agencies disorder unemployability and 100 schedular cluding their current barriers to safe, qual- for the fiscal year ending September 30, percent ratings cases, until the Department ity, and affordable housing and levels of 2006, and for other purposes; as follows: of Veteran’s Affairs reports to the Com- homelessness among such households; mittee on Appropriations on its plan for im- (5) the extent to which Federal housing as- On page 72, between lines 13 and 14, insert plementing this recommendation, and out- sistance programs provide benefits, includ- the following: lines the staffing and funding requirements. ing supportive services, to all veteran house- SEC. 130. (a) Of the amount appropriated by this title under the heading ‘‘MILITARY CON- holds and in particular to low-income, very Mrs. HUTCHISON (for Mr. low-income, and extremely-low income vet- STRUCTION, ARMY’’, $4,550,000 shall be made SA 1865. eran households; available for the construction of a military DURBIN (for himself and Mr. OBAMA)) (6) the number of units designated for or police complex at Fort Gordon, Georgia. proposed an amendment to the bill occupied by veterans and low-income, very (b) The amount appropriated by this title H.R. 2528, an act making appropria- low-income, and extremely low-income vet- under the heading ‘‘MILITARY CONSTRUCTION, tions for Military Construction and erans in Federally subsidized or insured ARMY’’ and available for Fort Gillem, Geor- Veterans Affairs, and Related Agencies housing; gia, is hereby decreased by $4,550,000. for the fiscal year ending September 30, (7) a summary description of the manner in 2006, and for other purposes; as follows: which veteran compensation, veteran de- SA 1862. Mrs. HUTCHISON (for Mrs. pendency and indemnity compensation, and FEINSTEIN) proposed an amendment to On page 81, line 2, insert ‘‘The VA shall veteran pension are considered as income or the bill H.R. 2528, an act making appro- conduct an information campaign in States adjusted income for purposes of deter- priations for Military Construction and with an average annual disability compensa- mining— Veterans Affairs, and Related Agencies tion payment of less than $7,300 (according to the report issued by the Department of (A) eligibility for Federal housing assist- for the fiscal year ending September 30, ance programs; and Veterans Affairs Office of Inspector General (B) the amount of rent paid by a veteran 2006, and for other purposes; as follows: on May 19, 2005), to inform all veterans re- household for occupancy of a dwelling unit On page 72, between lines 13 and 14, insert ceiving disability compensation, by direct or housing assisted under Federal housing the following: mail, of the history of below average dis- assistance programs; SEC. 130. (a) The amount appropriated by ability compensation payments to veterans (8) a summary description of the special this title under the heading ‘‘DEPARTMENT OF in such States, and to provide all veterans in considerations made for veterans under— DEFENSE BASE CLOSURE ACCOUNT 1990’’ is each such State, through broadcast or print (A) public housing plans submitted under hereby increased by $25,000,000. advertising, with the aforementioned histor- section 5A of the United States Housing Act (b) The amount appropriated by this title ical information and instructions for submit- of 1937 (42 U.S.C. 1437c–1); and under the heading ‘‘DEPARTMENT OF DEFENSE ting new claims and requesting review of (B) comprehensive housing affordability BASE CLOSURE ACCOUNT 2005’’ is hereby de- past disability claims and ratings: Provided strategies submitted under section 105 of the creased by $25,000,000. further,’’ after ‘‘Provided,’’. Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705); SA 1863. Mrs. HUTCHISON (for Mr. SA 1866. Mrs. HUTCHISON (for Mr. (9) the extent to which public housing au- FEINGOLD (for himself and Mr. SALA- JEFFORDS) proposed an amendment to thorities have established preferences for ZAR)) proposed an amendment to the the bill H.R. 2528, an act making appro- veterans for public housing and housing bill H.R. 2528, an act making appropria- choice vouchers; priations for Military Construction and tions for Military Construction and Veterans Affairs, and Related Agencies (10) the number of homeless veterans pro- Veterans Affairs, and Related Agencies vided assistance, cumulatively and cur- for the fiscal year ending September 30, rently, under the program of housing choice for the fiscal year ending September 30, 2006, and for other purposes; as follows: 2006, and for other purposes; as follows: vouchers for homeless veterans under section On page 93, between lines 20 and 21, insert 8(o)(19) of the United States Housing Act of On page 93, between lines 20 and 21, insert the following: 1937 (42. U.S.C. 1437f(o)(19)), and the current the following: status of the program, including— SEC. 222.(a) Not later than 60 days after the SEC. 222. CLINICAL TRAINING AND PROTOCOLS. (A) the number of vouchers the Depart- date of enactment of this Act, the Secretary (a) FINDINGS.—Congress finds that— ment of Housing and Urban Development of Veterans Affairs, after consultation with (1) the Iraq War Clinician Guide has tre- currently allocates to the Department of the National Association of County Veterans mendous value; and Veterans Affairs; Service Officers, other veterans service orga- (2) the Secretary of Defense and the Na- (B) the monetary value of such vouchers; nizations, and State Departments of Vet- tional Center on Post Traumatic Stress Dis- and erans Affairs shall submit a report to the order should continue to work together to

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10386 CONGRESSIONAL RECORD — SENATE September 22, 2005 ensure that the mental health care needs of and Veterans Affairs, and Related copies of their testimony to the Com- servicemembers and veterans are met. Agencies for the fiscal year ending Sep- mittee on Energy and Natural Re- (b) COLLABORATION.—The National Center tember 30, 2006, and for other purposes; sources, United States Senate, Wash- on Post Traumatic Stress Disorder shall col- which was ordered to lie on the table; ington, DC 20510–6150. laborate with the Secretary of Defense— (1) to enhance the clinical skills of mili- as follows: For further information, please con- tary clinicians through training, treatment On page 72, between lines 13 and 14, insert tact Clint Williamson 202–224–7556 or protocols, web-based interventions, and the the following: Steve Waskiewicz at 202–228–6195. development of evidence-based interven- SEC. 130. (a) The amount appropriated by this title under the heading ‘‘MILITARY CON- tions; and f (2) to promote pre-deployment resilience STRUCTION, AIR FORCE’’ is hereby increased and post-deployment readjustment among by $10,000,000, with the amount of such in- servicemembers serving in Operation Iraqi crease to be made available to carry out a AUTHORITY FOR COMMITTEES TO Freedom and Operation Enduring Freedom. storm water drainage system project at F.E. MEET (c) TRAINING.—The National Center on Post Warren Air Force Base, Cheyenne, Wyoming. Traumatic Stress Disorder shall work with (b) The amount appropriated by this title COMMITTEE ON BANKING, HOUSING, AND URBAN the Secretary of Defense to ensure that clini- under the heading ‘‘MILITARY CONSTRUCTION, AFFAIRS cians in the Department of Defense are pro- ARMY’’ is hereby decreased by $10,000,000, and Mrs. HUTCHISON. Mr. President, I vided with the training and protocols devel- not more than $30,000,000 of the total amount ask unanimous consent that the Com- oped pursuant to subsection (b)(1). appropriated under such heading may be mittee on Banking, Housing, and made available for the barracks complex in Urban Affairs be authorized to meet Mrs. HUTCHISON (for Mr. Grafenwoehr, Germany. SA 1867. during the session of the Senate on SALAZAR) proposed an amendment to September 22, 2005, at 10 a.m., to con- the bill H.R. 2528, an act making appro- SA 1870. Mr. FRIST (for Mrs. duct a hearing on ‘‘Examining the Fi- priations for Military Construction and HUTCHISON) proposed an amendment to nancial Services Industry’s Respon- Veterans Affairs, and Related Agencies the bill H.R. 2528, an act making appro- sibilities and Role in Preventing Iden- for the fiscal year ending September 30, priations for Military Construction and tity Theft and Protecting Sensitive Fi- 2006, and for other purposes; as follows: Veterans Affairs, and Related Agencies for the fiscal year ending September 30, nancial Information.’’ On page 93, between lines 20 and 21, insert The PRESIDING OFFICER. Without the following: 2006, and for other purposes; as follows: SEC. 222. (a) The Secretary of Veterans Af- On page 55, line 4, strike ‘‘$191,393,000’’ and objection, it is so ordered. fairs shall immediately submit to the Com- insert ‘‘$179,343,000’’. COMMITTEE ON COMMERCE, SCIENCE AND mittees on Veterans’ Affairs and Appropria- On page 55, line 10, following ‘‘therefor’’, TRANSPORTATION tions of the Senate and the House of Rep- strike ‘‘.’’ and insert ‘‘: Provided further, Mrs. HUTCHISON. Mr. President, I That of the amount provided for Military resentatives a report on any Department of ask unanimous consent that the Com- Veterans Affairs budget shortfall totaling 2 Construction, Army, $8,900,000 shall be avail- percent or more of the Department’s total able for Phase 1a of a Permanent Party Bar- mittee on Commerce, Science, and discretionary funding budget for a fiscal racks at Fort Leonard Wood, Missouri, and Transportation be authorized to meet year. $3,150,000 shall be available for an Airfield on Thursday, September 22, 2005, at 10 (b) The Secretary of Veterans Affairs shall, Fire Station at Fort Sill, Oklahoma.’’ a.m., on Communications in a Disaster, not later than 180 days after the date of the in SD–562. Mr. FRIST (for Mrs. enactment of this Act, submit to the Com- SA 1871. The PRESIDING OFFICER. Without HUTCHISON) proposed an amendment to mittees on Veterans’ Affairs and Appropria- objection, it is so ordered. tions of the Senate and the House of Rep- the bill H.R. 2528, an act making appro- resentatives a comprehensive plan to im- priations for Military Construction and COMMITTEE ON ENVIRONMENT AND PUBLIC prove long-term budget planning and actu- Veterans Affairs, and Related Agencies WORKS arial forecasting at the Department of Vet- for the fiscal year ending September 30, Mrs. HUTCHISON. Mr. President, I erans Affairs. 2006, and for other purposes; as follows: ask unanimous consent that the Com- mittee on Environment and Public SA 1868. Mr. CRAIG (for Mr. SALA- On page 56, line 11, strike ‘‘$103,347,000’’ and Works be authorized to meet on Thurs- ZAR) (for himself and Mr. BINGAMAN)) insert ‘‘83,626,000’’. day, September 22, 2005, at 2:30 p.m., to proposed an amendment to the bill On page 56, line 17, following ‘‘therefor’’, strike ‘‘.’’ and insert ‘‘: Provided further, conduct a hearing on the following H.R. 2528, an act making appropria- That of the amount provided for Military pending nominations: tions for Military Construction and Construction, Air Force, $5,721,000 shall be Veterans Affairs, and Related Agencies Environmental Protection Agency, available for a B–2 Conventional Munitions George M. Gray, of Massachusetts, to for the fiscal year ending September 30, Storage Facility at Whiteman Air Force 2006, and for other purposes; as follows: Base, Missouri, and $14,000,000 for Phase 1 of be an assistant administrator of the Environmental Protection Agency. On page 93, between lines 20 and 21, insert Force Protection Enhancement at Vance Air the following: Force Base, Oklahoma.’’ Nuclear Regulatory Commission, Ed- SEC. 222. (a) In conducting advanced plan- f ward McGaffigan, Jr., of Virginia, to be ning activities under this Act, the Secretary a member of the Nuclear Regulatory NOTICES OF HEARINGS/MEETINGS of Veterans Affairs shall reevaluate Veterans Commission for the term of 5 years ex- Health Administration Handbook 1006.1 and COMMITTEE ON ENERGY AND NATURAL piring June 30, 2010. other guidance and procedures related to RESOURCES Department of the Interior, H. Dale planning, activating, staffing, and maintain- Mr. DOMENICI. Mr. President, I Hall, of New Mexico, to be director of ing community-based outpatient clinics. would like to announce for the infor- (b) In conducting such planning, the Sec- the United States Fish and Wildlife retary shall— mation of the Senate and the public Service. (1) revise as appropriate existing policies that a hearing has been scheduled be- Environmental Protection Agency, to make them less disadvantageous to rural fore the Committee on Energy and Nat- Lyons Gray, of North Carolina, to be veterans; and ural Resources. chief financial officer, Environmental (2) reexamine criteria used in planning, ac- The hearing will be held on Thurs- Protection Agency. tivating, staffing, and maintaining such clin- day, October 6, 2005 at 10 a.m. in room Department of Commerce, Santanu ics, including geographic access, number of SD–366 of the Dirksen Senate Office K. Baruah, of Oregon, to be assistant Priority 1–6 veterans, market penetration, Building. secretary of Commerce for Economic cost effectiveness, and distance to parent fa- The purpose of the hearing is to cilities, to determine whether such criteria Development. evaluate and receive a status report on are weighted in a manner that negatively af- The PRESIDING OFFICER. Without fects rural veterans. the Environmental Management pro- grams of the Department of Energy. objection, it is so ordered. SA 1869. Mr. THOMAS (for himself Because of the limited time available COMMITTEE ON FOREIGN RELATIONS and Mr. ENZI) submitted an amend- for the hearing, witnesses may testify Mrs. HUTCHISON. Mr. President, I ment intended to be proposed by him by invitation only. However, those ask unanimous consent that the Com- to the bill H.R. 2528, an act making ap- wishing to submit written testimony mittee on Foreign Relations be author- propriations for Military Construction for the hearing record should send two ized to meet during the session of the

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10387 Senate on Thursday, September 22, Agenda ized to meet on Thursday, September 2005, at 9 a.m., to hold a hearing on 22, 2005, at 2:30 p.m. for a hearing re- I. Nominations nominations. garding ‘‘Cost and Payment Plans of The PRESIDING OFFICER. Without John G. Roberts, to be Chief Justice Medicare Part D.’’ objection, it is so ordered. of the United States; Timothy Flani- The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, gan, to be Deputy Attorney General. objection, it is so ordered. AND PENSIONS II. Bills SUBCOMMITTEE ON NATIONAL PARKS Mrs. HUTCHISON. Mr. President, I Mrs. HUTCHISON. Mr. President, I S. 1088. Streamlined Procedures Act ask unanimous consent that the Sub- ask unanimous consent that the Sub- of 2005; Kyl, Cornyn, Grassley, Hatch; committee on Education and Early committee on National Parks be au- S. ll. Personal Data Privacy and Childhood Development, be authorized thorized to meet during the session of Security Act of 2005; Specter, Leahy, to hold a hearing during the session of the Senate on Thursday, September 22 Feingold; the Senate on Thursday, September 22 at 2:30 p.m. S. 751. Notification of Risk to Per- at 3 p.m. in SD–430. The purpose of the hearing is to re- sonal Data Act; Feinstein, Kyl; ceive testimony on the following bills: The PRESIDING OFFICER. Without S. 1326. Notification of Risk to Per- objection, it is so ordered. S. 435, a bill to amend the Wild and sonal Data Act; Sessions; Scenic Rivers Act to designate a seg- COMMITTEE ON HOMELAND SECURITY AND S. 155. Gang Prevention and Effective GOVERNMENTAL AFFAIRS ment of the Farmington River and Deterrence Act of 2005; Feinstein, Salmon Brook in the State of Con- Mrs. HUTCHISON. Mr. President, I Hatch, Grassley, Cornyn, Kyl, Specter; necticut for study for potential addi- ask unanimous consent that the Com- S. 1086. A Bill to Improve the Na- tion to the National Wild and Scenic mittee on Homeland Security and Gov- tional Program to Register and Mon- Rivers System, and for other purposes, ernmental Affairs be authorized to itor Individuals Who Commit Crimes S. 1096, a bill to amend the Wild and meet on Thursday, September 22, 2005, Against Children or Sex Offenses; Scenic Rivers Act to designate portions at 9:30 a.m. to hold a business meeting Hatch, Biden, Schumer; of the system, and for other purposes, to consider pending committee busi- S. 956. Jetseta Gage Prevention and S. 1310, a bill to authorize the Sec- ness. Deterrence of Crimes Against Children retary of the Interior to allow the Co- Agenda Act of 2005; Grassley, Kyl, Cornyn. lumbia Gas Transmission Corporation The PRESIDING OFFICER. Without Legislation to increase the diameter of natural gas objection, it is so ordered. pipeline located in the Delaware Water 1. S. , Assure Emergency and Inter- COMMITTEE ON SMALL BUSINESS AND Gap National Recreation Area, S. 1378, operable Communications for First Re- ENTREPRENEURSHIP a bill to amend the National Historic sponders Act of 2005. Mrs. HUTCHISON. Mr. President, I Preservation Act to provide appropria- 2. S. , an original bill to provide re- ask unanimous consent that the Com- tion authorization and improve the op- lief for the victims of Hurricane mittee on Small Business and Entre- erations of the Advisory Council on Katrina. preneurship be authorized to meet dur- Historic Preservation, and S. 1627, a 3. S. , a bill to expand the respon- ing the session of the Senate for a bill to authorize the Secretary of the sibilities of the Special Inspector Gen- hearing entitled, ‘‘The Impact of Hurri- Interior to conduct a special resources eral for Iraq Reconstruction to provide cane Katrina on Small Businesses’’ on study to evaluate resources along the independent and objective audits and Thursday, September 22, 2005, begin- coastal region of the State of Delaware investigations relating to the federal ning at 10 a.m. in room 428A of the Rus- and to determine the suitability and programs for Hurricane Katrina. sell Senate Office Building. feasibility of establishing a unit of the 4. S. 939, Disaster Recovery Act of The PRESIDING OFFICER. Without National Park in Delaware. 2005. objection, it is so ordered. The PRESIDING OFFICER. Without 5. S. 1700, a bill to establish an Office COMMITTEE ON VETERANS AFFAIRS objection, it is so ordered. of the Hurricane Katrina Recovery Mrs. HUTCHISON. Mr. President, I f Chief Financial Officer. ask unanimous consent that the Com- 6. S. , a bill to amend title 5, United mittee on Vetearns’ Affairs be author- PRIVILEGE OF THE FLOOR States Code, to allow employees of the ized to meeting during the session of Mr. BENNETT. Madam President, I judicial branch to establish an emer- the Senate on Thursday, September 22, ask unanimous consent that Senator gency leave transfer program in the 2005, for a committee hearing titled MCCAIN’s legislative fellow, Navy CDR event of a major disaster or emergency. ‘‘Preserving Sacred Ground; Should Shawn Grenier, be granted floor privi- 7. S. 572, Homeland Security Food Capital Offenders be Buried in Amer- leges during consideration of H.R. 2528. and Agriculture Act of 2005. ica’s National Cemeteries?’’ The hear- The PRESIDING OFFICER. Without ing will take place in Room 418 of the objection, it is so ordered. Nominations Russell Senate Office Building at 10 Mr. DAYTON. Mr. President, I ask 1. Stewart A. Baker to be Assistant a.m. unanimous consent that Kimberly Secretary, U.S. Department of Home- The PRESIDING OFFICER. Without Jackson on my staff be granted the land Security. objection, it is so ordered. privilege of the floor throughout my 2. John R. Fisher to be Associate SELECT COMMITTEE ON INTELLIGENCE remarks. The PRESIDING OFFICER. Without Judge, District of Columbia Court of Mrs. HUTCHISON. Mr. President, I objection, it is so ordered. Appeals. ask unanimous consent that the Select 3. Colleen D. Kiko to be General Committee on Intelligence be author- f Counsel, Federal Labor Relations Au- ized to meet during the session of the PROVIDING FOR CONTINUED EDU- thority. Senate on September 22, 2005 at 2:30 CATION OF STUDENTS AF- 4. Juliet J. McKenna to be Associate p.m. to hold a closed markup on the FECTED BY HURRICANE Judge, District of Columbia Superior fiscal year 2006 Intelligence Authoriza- KATRINA Court. tion. Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. unanimous consent that the Senate objection, it is so ordered. proceed to the immediate consider- COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- ation of S. 1764, introduced earlier Mrs. HUTCHISON. Mr. President, I AGEMENT, GOVERNMENT INFORMATION, AND today. ask unanimous consent that the Com- INTERNATIONAL SECURITY The PRESIDING OFFICER. The mittee on the Judiciary be authorized Mrs. HUTCHISON. Mr. President, I clerk will report the bill by title. to meet to conduct a markup of Thurs- ask unanimous consent that the Sub- The legislative clerk read as follows: day, September 22, 2005 at 9:30 a.m. in committee on Federal Financial Man- A bill (S. 1764) to provide for the continued Senate Dirksen Office Building Room agement, Government Information, education of students affected by Hurricane 226. and International Security be author- Katrina.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10388 CONGRESSIONAL RECORD — SENATE September 22, 2005 There being no objection, the Senate Labor, Health and Human Services, and Edu- through the House and being signed by proceeded to consider the bill. cation, and Related Agencies Appropriations the President. Mr. FRIST. Mr. President, I ask Act, 2005 (Public Law 108–447) is amended— I thank Senator FRIST so much for unanimous consent that the bill be (1) in subsection (a), by striking ‘‘15 days’’ the help he has given in allowing the and inserting ‘‘3 days’’; and read a third time and passed, the mo- (2) in subsection (b), by striking ‘‘15 days’’ Senate to act quickly on this legisla- tion to reconsider be laid upon the and inserting ‘‘3 days’’. tion. table, and that any statements relating SEC. 5. SUNSET. I yield the floor. to the bill be printed in the RECORD. This Act shall be effective for the period f The PRESIDING OFFICER. Without beginning on the date of enactment of this NOMINATION OF ROBERT B. objection, it is so ordered. Act and ending on September 30, 2006. HOLLAND The bill (S. 1764) was read the third Mr. FRIST. Mr. President, this bill time and passed, as follows: we just passed provides for the contin- Mr. FRIST. Mr. President, as in exec- S. 1764 ued education of students who have utive session, I ask unanimous consent Be it enacted by the Senate and House of Rep- been so severely affected by Hurricane that the Foreign Relations Committee resentatives of the United States of America in Katrina. be discharged from further consider- Congress assembled, I thank my colleague, the Senator ation of Robert Holland, PN447, that SECTION 1. DEFINITION OF STUDENT AFFECTED from Texas, Mrs. HUTCHISON, for her the Senate proceed to its consider- BY HURRICANE KATRINA. tremendous leadership on this bill. It is ation, that the nomination be con- In this Act, the term ‘‘student affected by a very important bill and a bill that firmed, that the motion to reconsider Hurricane Katrina’’ means a student who re- has been a long time coming. We—espe- be laid upon the table, and that the sides or resided on August 22, 2005 in an area, President be immediately notified of or is enrolled or was enrolled on August 22, cially she and her cosponsors—have ag- 2005 in a school located in an area, for which gressively worked in this regard to the Senate’s action. a major disaster has been declared in accord- pass this bill. I am happy to yield to The PRESIDING OFFICER. Without ance with section 401 of the Robert T. Staf- her at this time. objection, it is so ordered. ford Disaster Relief and Emergency Assist- The PRESIDING OFFICER. The Sen- The nomination considered and con- ance Act (42 U.S.C. 5170) as a result of Hurri- ator from Texas. firmed is as follows: cane Katrina. Mrs. HUTCHISON. Mr. President, I Robert B. Holland III, of Texas, to be SEC. 2. EDUCATION EXPENSES. thank the distinguished majority lead- United States Executive Director of the (a) IN GENERAL.—Upon the request of the er for helping us clear this legislation. International Bank for Reconstruction and Development for a term of two years. Secretary of Education, the Secretary of This is a bill cosponsored by Senator Homeland Security may transfer any funds f made available to the Federal Emergency LANDRIEU and Senator CORNYN. Twen- Management Agency ‘‘Disaster Relief Fund’’ ty-eight States have taken students, AMENDING THE INDIAN for Hurricane Katrina to the Department of who are victims of Hurricane Katrina, FINANCING ACT Education for the education of students af- into their hearts, into their arms, into Mr. FRIST. I ask unanimous consent fected by Hurricane Katrina. Such funds their shelters, and into their edu- the Senate proceed to the immediate shall only be used for expenditures for activi- cational systems. ties of educational agencies authorized under consideration of S. 1758, introduced We have been passing legislation that earlier today. Federal law within the jurisdiction of the would cut red tape and pay for certain Department of Education, and for the fol- The PRESIDING OFFICER. The lowing activities in support of students af- items that are not covered by the law. clerk will report the bill by title. fected by Hurricane Katrina: One of the major areas for which we The legislative clerk read as follows: (1) Paying the compensation of personnel, have not had a precedent is school- A bill (S. 1758) to amend the Indian Financ- including teacher aides, to provide instruc- children in great numbers going into ing Act of 1974 to provide for sale and assign- tional services. public schools as a result of having to ment of loans and other security and for (2) Paying the operational costs incurred evacuate from an emergency disaster, other purposes. by educational agencies as a result of edu- such as Hurricane Katrina. That has There being no objection, the Senate cating such students. been the case. proceeded to consider the bill. (3) Purchasing instructional materials and We have more than 45,000 evacuee equipment, including textbooks, used to edu- Mr. MCCAIN. Mr. President, today I cate such students. students now in our Texas public rise in support of the Indian (b) SPECIAL RULE.—Notwithstanding any schools. As everyone knows, there is no Fianancing Act Amendments of 2005, other provision of this section, funds may be school district that can afford to ab- originally introduced as a component used for expenditures described in subsection sorb that number of students without of the Native American Omnibus Act of (a) only if— help. The bill we have just passed will 2005. I’m pleased to be joined by the (1) the Secretary of Education makes a de- allow the money that has already been vice chairman of the Senate Indian Af- termination that such expenditures con- appropriated to be available for the De- stitute an immediate need for the relief of fairs Committee, BYRON DORGAN, on students affected by Hurricane Katrina; and partment of Education to pay for the this bill. (2) funds are not made available for such extra teachers who are being hired. It The Indian financing act amend- activities from other Federal sources. is limited to children who are victims ments, amends the Indian finance act SEC. 3. AVAILABILITY OF FUNDS. of Hurricane Katrina, and it also has a of 1974 to clarify that non-profit tribal (a) IN GENERAL.—Notwithstanding any sunset. It is just for this school year. entities are eligible for the BIA Loan other provision of law, any funds available to So this is not a new law that is going Guaranty program. The amendments the Secretary of Education, the authority to put the Federal Government into also raises the limit on the amount of for which would be cancelled or otherwise ex- public education throughout our coun- loans to $1.5 billion from $500 million. pire on September 30, 2005, shall be available try. But it is going to offset the costs I look forward to working with my for obligation by the Secretary until Sep- of hiring teachers and buying school tember 30, 2006, but only to meet educational respective colleagues on both sides of needs of students affected by Hurricane supplies for those students who have the aisle to enact this legislation. Katrina. come to our State and 27 other States Mr. FRIST. Mr. President, I ask (b) EMERGENCY DESIGNATION.—Any funds with nothing. unanimous consent the bill be read a available for obligation pursuant to sub- Today I am very proud of the Senate third time and passed, the motion to section (a) are designated as an emergency for passing this legislation to give reconsider be laid on the table, and any requirement pursuant to section 402 of H. these 28 States the help they need. The statements be printed in the RECORD. Con. Res. 95 (109th Congress). money will flow through the Depart- The PRESIDING OFFICER. Without SEC. 4. ADVANCED NOTIFICATION OF CONGRESS. ment of Education. The Secretary of objection, it is so ordered. (a) DEPARTMENT OF EDUCATION APPROPRIA- Education will have the authority to The bill (S. 1758) was read the third TIONS ACT, 2005.—Section 304 of the Depart- take some of the money that has al- ment of Education Appropriations Act, 2005 time and passed, as follows: (Public Law 108–447) is amended by striking ready been appropriated by Congress S. 1758 ‘‘15 days’’ and inserting ‘‘3 days’’. for this purpose. Be it enacted by the Senate and House of Rep- (b) CONSOLIDATED APPROPRIATIONS ACT, I applaud the Senate for passing this resentatives of the United States of America in 2005.—Section 517 of the Departments of bill, and I look forward to it going Congress assembled,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10389 SECTION 1. LOAN GUARANTY AND INSURANCE. nancing Act of 1974 (25 U.S.C. 1497(b)) is in supporting the world’s greatest li- (a) IN GENERAL.—Section 201 of the Indian amended by striking ‘‘$500,000,000’’ and in- brary in the years ahead. Financing Act of 1974 (25 U.S.C. 1481) is serting ‘‘$1,500,000,000’’. Mr. FRIST. I ask unanimous consent amended f the resolution be agreed to, the pre- (1) by striking ‘‘SEC. 201. In order’’ and in- amble be agreed to, and the motion to serting the following: COMMENDING THE JAMES MADI- reconsider be laid on the table. ‘‘SEC. 201. LOAN GUARANTIES AND INSURANCE. SON COUNCIL AND ITS FOUND- The PRESIDING OFFICER. Without ‘‘(a) IN GENERAL.—In order’’; ING CHAIRMAN, JOHN W. KLUGE (2) by striking ‘‘the Secretary is authorized objection, it is so ordered. (a) to guarantee’’ and inserting ‘‘the Sec- Mr. FRIST. I ask unanimous consent The resolution (S. Res. 247) was retary may— the Senate now proceed to the consid- agreed to. ‘‘(1) guarantee’’; eration of S. Res. 247, which was sub- The preamble was agreed to. (3) by striking ‘‘members; and (b) in lieu of mitted earlier today. The resolution, with its preamble, such guaranty, to insure’’ and inserting The PRESIDING OFFICER. The ‘‘members; or reads as follows: ‘‘(2) insure’’; and clerk will report the resolution by S. RES. 247 title. (4) by adding at the end the following: Whereas the James Madison Council, the ‘‘(b) ELIGIBLE BORROWERS.—The Secretary The legislative clerk read as follows: Library of Congress’s first-ever national ad- may guarantee or insure loans under sub- A resolution (S. Res. 247) commending the visory and support group in the 205-year his- section (a) to both for-profit and nonprofit Library of Congress’s private-sector advisory tory of the Library of Congress is celebrating borrowers.’’ . body, the James Madison Council, and its its 15th year under the continuing strong (b) SALE OR ASSIGNMENT OF LOANS AND UN- Founding Chairman, John W. Kluge, on 15 leadership of its Founding Chairman John W. DERLYING SECURITY.—Section 205 of the In- years of exemplary service to Congress and Kluge; dian Financing Act of 1974 (25 U.S.C. 1485) is the Nation and looking forward to the Coun- Whereas the James Madison Council re- amended— cil’s continued success in the years ahead. mains a loyal group of friends whose vision (1) by striking ‘‘SEC. 205.’’ and all that fol- and generosity have made possible many new lows through subsection (b) and inserting the There being no objection, the Senate initiatives within America’s oldest Federal following: proceeded to consider the resolution. Mr. STEVENS. Mr. President, I rise cultural institution; ‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND Whereas John Kluge has energized this UNDERLYING SECURITY. in support of a Senate resolution which group of dedicated and generous individuals ‘‘(a) IN GENERAL.—All or any portion of a I submitted commending the James from the private-sector to help this unique loan guaranteed or insured under this title, Madison Council of the Library of Con- institution that was created by Congress to including the security given for the loan— gress, which is celebrating its 15th year make added contributions for the good of the ‘‘(1) may be transferred by the lender by under the continuing strong leadership Nation; sale or assignment to any person; and Whereas John Kluge’s example and leader- ‘‘(2) may be retransferred by the trans- of its founding chairman, John Kluge. ship has benefitted not only the Library of feree. The James Madison Council is the Congress and Congress, but also scholars, re- ‘‘(b) TRANSFERS OF LOANS.—With respect to first private sector advisory body in searchers, and lifelong learners everywhere, a transfer described in subsection (a)— the history of the Library of Congress. and has created a new international award at ‘‘(1) the transfer shall be consistent with With the approval of the Joint Com- the highest level for lifetime achievement in such regulations as the Secretary shall pro- mittee on the Library, which I have the study of humanity; mulgate under subsection (h); and ‘‘(2) the transferee shall give notice of the chaired and served on for many years, Whereas building on John Kluge’s gen- transfer to the Secretary.’’; Librarian of Congress Jim Billington erosity, the James Madison Council has (2) by striking subsection (c); established the Council in 1990 as the strengthened and enriched the world of (3) by redesignating subsections (d), (e), (f), Library’s primary philanthropic body scholarship in Washington, District of Co- (g), (h), and (i) as subsections (c), (d), (e), (f), and link to the business community. It lumbia, and provided new on-line edu- (g), and (h), respectively; cational material for the classrooms of the consists of public-spirited citizens dedi- Nation and the world; (4) in subsection (c) (as redesignated by cated to helping the Nation receive the paragraph (3)), by striking paragraph (2) and Whereas the members of the James Madi- inserting the following: full benefits of the Library of son Council have added a significant number ‘‘(2) VALIDITY.—Except as provided in regu- Congress’s incomparable educational, of rare and historic materials of major im- lations in effect on the date on which a loan scientific, technological, and cultural portance to the national collection of the Li- is made, the validity of a guarantee or insur- resources. brary of Congress, such as the 1507 ance of a loan under this title shall be incon- In its 15 years of unprecedented pri- Waldseemu¨ ller map of the world, which was testable.’’; vate support of the Library, the Madi- the first map to include America, made pos- sible by members John Hendricks, Mar- (5) in subsection (e) (as redesignated by son Council has acquired hundreds of paragraph (3))— guerite and Gerry Lenfest, and David Koch, (A) by striking ‘‘The Secretary’’ and in- items for the collections that would the restoration of Thomas Jefferson’s origi- serting the following: have otherwise been unattainable nal library, which is the cornerstone of the ‘‘(1) IN GENERAL.—The Secretary’’; and through Federal appropriations alone, Library’s collections, thanks to Jerry Jones, (B) by adding at the end the following: including the famous Waldseemuller a major private collection from members ‘‘(2) COMPENSATION OF FISCAL TRANSFER map, the first map to bear the name Jean and Jay I. Kislak, which documents the AGENT.—A fiscal transfer agent designated ‘‘America’’; the $45 million dollar cam- encounter between European explorers and under subsection (f) may be compensated paign to launch the National Digital the indigenous peoples of North America and, thanks to Jon and Lillian Lovelace, the through any of the fees assessed under this Library, which provides free internet section and any interest earned on any funds Alan Lomax collection, which is the largest or fees collected by the fiscal transfer agent access to 10 million of the most impor- collection of ethnographic material ever as- while the funds or fees are in the control of tant materials in the Library’s collec- sembled by one person; and the fiscal transfer agent and before the time tion; the Library’s bicentennial cele- Whereas led by John Kluge, the James at which the fiscal transfer agent is contrac- bration in 2000 which featured the Madison Council has furthered the programs tually required to transfer such funds to the recreation of Thomas Jefferson’s li- of the Librarian of Congress, James H. Secretary or to transferees or other hold- brary; the establishment of the John Billington, such as the National Digital Li- ers.’’; and Kluge Center, a major scholarly center, brary, which provides free internet access to 10,000,000 of the most historically important (6) in subsection (f) (as redesignated by and its accompanying Kluge Prize in paragraph (3))— and educationally valuable primary mate- (A) by striking ‘‘subsection (i)’’ and insert- the humanities; and the National Book rials in the Library’s collection, the Na- ing ‘‘subsection (h)’’; and Festival, in conjunction with First tional Book Festival, which celebrates the (B) in paragraph (2)(B), by striking ‘‘, and Lady Laura Bush, promoting literacy joys of reading, and the Library’s Bicenten- issuance of acknowledgments,’’. and the joys of reading, which is taking nial celebration in the year 2000: Now, there- (c) LOANS INELIGIBLE FOR GUARANTY OR IN- place this weekend. fore, be it SURANCE.—Section 206 of the Indian Financ- This resolution commends and Resolved, That the Senate commends the ing Act of 1974 (25 U.S.C. 1486) is amended by thanks the James Madison Council, Library of Congress’s private-sector advisory inserting ‘‘(not including an eligible Commu- body, the James Madison Council, and its nity Development Finance Institution)’’ particularly its chairman, John Kluge, Founding Chairman, John W. Kluge, on 15 after ‘‘Government’’. one of the most patriotic and generous years of exemplary service to Congress and (d) AGGREGATE LOANS OR SURETY BONDS philanthropists I have known, and the Nation and looks forward to its contin- LIMITATION.—Section 217(b) of the Indian Fi- looks forward to its continued success ued success in the years ahead.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10390 CONGRESSIONAL RECORD — SENATE September 22, 2005 COMMEMORATING THE WEST WEST OAHU LITTLE LEAGUE, EWA BEACH, Resolved, That the Senate— OAHU LITTLE LEAGUE TEAM HAWAII TEAM ROSTER (1) commends the West Oahu Little League FOR WINNING THE 2005 LITTLE #1, Layson Aliviado, 1B, P; #5, Harrison Team from Ewa Beach for winning the 2005 LEAGUE WORLD SERIES Kam, CF; #11, Ty Tirpak, RF; #12, Zachary Little League Baseball World Series Cham- Ramit, LF; #15, Ethan Javier, CF; #17, Vonn pionship; Mr. FRIST. I ask unanimous consent Feao, 3B, C; #18, Quentin Guevara, P, RF; (2) recognizes the achievements of all the the Senate proceed to the immediate #20, Sheyne Baniaga, P, 2B; #21, Michael team’s players, coaches, and support staff, consideration of S. Res. 248, submitted Memea, C; #22, Zachary Rosete, LF; #24, and invites them to the United States Cap- earlier today by Senator AKAKA. Myron Enos, P, SS; #25, Alakai Aglipay, P, itol to be honored; The PRESIDING OFFICER. The 3B. Coach: Tyron Kitashima. Coach: Clit (3) urges the President to— clerk will report the resolution by Tirpak. Manager: Layton Aliviado. (A) recognize the achievements of the West Oahu Little League Team from Eva Beach; OAHU ALL-STARS TEAM ROSTER title. and The legislative clerk read as follows: #0, Kalani Lagoc-Crawford, P, OF; #2, Jake (B) invite the team to the White House for A resolution (S. Res. 248) commemorating Fujimoto, SS, OF; #5, Wilkins Kato, OF, 1B; an appropriate ceremony honoring a world the West Oahu Little League Team for win- #6, Ryan Yamane, OF, P; #7, Timmy championship team; and ning the 2005 Little League World Series. Arakawa, SS; #11, Cory Quiamzon, OF; #14, (4) directs the Secretary of the Senate to— There being no objection, the Senate Kash Kalohelani, C; #21, Joe Yokoi, 2B, OF; (A) make available enrolled copies of this #22, Dylan Goto, 2B, OF; #23, Chris proceeded to consider the resolution. resolution to the West Oahu Little League Sekiguchi, OF; #25, Ryan Cortez, 3B; #34, Team for appropriate display. Mr. AKAKA. Mr. President, I rise Jordan Deponte, 2B, P; #50, Kewby Meyer, today in support of resolutions con- 1B, P; #51, Gavin Okada, 2B, OF. Coach: f gratulating the Ewa Beach little Keith Oda. Asst. Coach: Staphe Fujimoto. league team, the Oahu all-star team, Manager: Gerald Oda. COMMEMORATION OF THE OAHU ALL-STARS AND THE HAWAII and the Hawaii Warriors on their world HAWAII WARRIORS TEAM ROSTER WARRIORS championships. All three teams re- Brett Choy, Chansen Fukushima, Joshua cently persevered through difficult Inaba, Joshua Inouye, Ried Kimura, Seth Mr. FRIST. Mr. President, I ask competition to become world cham- Kinel, Luke Morris, Cal Muramaru, Sean unanimous consent that the Senate pions. Romo, Ryan Sato, Larry Tuileta. Coach, proceed to the immediate consider- The Ewa Beach little leaguers com- Paul Wallrabenstein III. Asst. Coach, Randy ation of S. Res. 249, which was sub- peted in the Little League World Series Inaba. Asst. Coach, Ricky Inouye. Asst. mitted earlier today by Senator Coach, Dunn Muramaru. Asst. Coach, Paul held in Williamsport, PA. The team Wallrabenstein, Jr. AKAKA. posted an impressive 7–6 win in the The PRESIDING OFFICER. The Mr. FRIST. I ask unanimous consent championship game, in which they clerk will report the resolution by the resolution be agreed to, the pre- came from three runs down to defeat title. amble be agreed to, the motion to re- the defending championship team from The legislative clerk read as follows: consider be laid upon the table with no Curacao in extra innings. intervening action or debate, and that A resolution (S. Res. 249) commemorating The Oahu all-stars participated in the Oahu All-Stars for winning the 2005 Cal the Cal Ripken World Series tour- any statements be printed in the Ripken World Series and the Hawaii War- nament held in Aberdeen, MD. In the RECORD. riors for winning the 2005 Continental Ama- The PRESIDING OFFICER. Without championship game, the team used teur Baseball Association World Series, ages objection, it is so ordered. three pitchers to combine for a one hit 9-under. The resolution (S. Res. 248) was shut-out as they prevailed by a score of There being no objection, the Senate agreed to. 1–0 over the reigning champs, a very proceeded to consider the resolution. The preamble was agreed to. talented team from Mexico. A special Mr. FRIST. Mr. President, I ask The resolution, with its preamble, congratulations to Kewby Meyer for unanimous consent that the resolution reads as follows: being named Most Outstanding Player be agreed to, the preamble be agreed of the series. S. RES. 248 to, the motion to reconsider be laid The Hawaii Warriors won the 2005 Whereas on August 28, 2005, the West Oahu upon the table, with no intervening ac- Continental Amateur Baseball Associa- Little League Team from Ewa Beach, Ha- tion or debate, and that any state- waii, won the 2005 Little League Baseball ments relating to this measure be tion World Series, ages 9 and under. World Series Championship; The team battled from behind in the Whereas the Ewa Beach team defeated the printed in the RECORD. final innings to win the championship defending champions Curacao, 7-6, in a dra- The PRESIDING OFFICER. Without game and complete the series with a matic, come-from-behind victory in only the objection, it is so ordered. perfect 9–0 record. second extra-inning championship game in The resolution (S. Res. 249) was I am proud not only of the impressive the history of the Little League World Se- agreed to. wins but also of the humility and ries; The preamble was agreed to. sportsmanship that the teams dis- Whereas the victory marked the first Lit- The resolution, with its preamble, played as they won with aloha. All the tle League World Series championship for reads as follows: the State of Hawaii; teams represented the State of Hawaii, Whereas manager Layton Aliviado had the S. RES. 249 and the United States, very well. ability to instill 12 boys from Ewa Beach Whereas on August 21, 2005, the Oahu All- I recognize the sacrifices many fam- with the confidence and skills needed to re- Stars won the 2005 Cal Ripken World Series; ily members and friends made to sup- main focused and fight back to win after fall- Whereas the team from Oahu worked to- port the teams. These young men were ing behind; gether in the 1 hit shutout title game to beat able to enjoy the athletic competitions Whereas the team hit 13 home runs during the series reigning champs, Team Mexico; because of their loving and caring fam- the 6 game tournament, including 3 in the Whereas the manager and coaching staff, ilies. I applaud these families’ efforts championship game victory; Gerald Oda, Keith Oda, and Staphe Whereas the champions hit at least 1 home Fujimoto, respectively, had the ability to in- and wish all the players and their fami- run in every tournament game, with Vonn still 14 boys from Oahu with the confidence lies the best in future endeavors. Feao knocking out a tournament high 4, Mi- and skills needed to succeed in a world com- I look forward to hearing more about chael Memea and Alakai Aglipay each hit 3, petition; the success of our little leaguers as Sheyne Baniaga hit 2 (including the game Whereas Kewby Meyer was named the Most they continue to pursue their edu- winner in the United States semifinal), and Outstanding Player in the series; cation and baseball ambitions. I also Quentin Guevara hit 1; Whereas Kewby Meyer, Timmy Arakawa, want to recognize all of the contribu- Whereas Michael Memea’s game-ending Gavin Okada, and Kalani Lagoc-Crawford tions from a Brookings Institution fel- homer was a first in the history of the Little were named to the 2005 United States All low in my office, Bill Ferraro. League championship game; and World Series Team and Kash Kalohelani, Whereas all of the team’s players showed Ryan Cortez, and Ryan Yamane were named I ask unanimous consent the Teams’ tremendous dedication throughout the sea- to the 2005 All Defensive Team; rosters be printed in the RECORD. son and the tournament toward the goal of Whereas on August 5, 2005, the Hawaii War- There being no objection, the mate- winning the World Championship and dis- riors won the 2005 Continental Amateur rial was ordered to be printed in the played great class and sportsmanship in vic- Baseball Association World Series (ages 9- RECORD, as follows: tory: Now, therefore, be it under) championship game;

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10391 Whereas the team battled from behind in Whereas by doing so much for the home, The preamble was agreed to. the final innings of the championship game the American mother is a source of moral The resolution, with its preamble, to beat the Cincinnati Flames and complete and spiritual guidance for the people of the reads as follows: the series with a perfect 9-0 record; and United States and thus acts as a positive Whereas all of the teams’ players showed force to promote good government and peace S. RES. 239 tremendous dedication throughout their among all mankind; and Whereas infant mortality refers to the tournaments toward the goal of winning Whereas September 25, 2005, is being recog- death of a baby before it reaches its first World Series Championships and displayed nized as Gold Star Mothers Day: Now, there- birthday; great class and sportsmanship in victory: fore, be it Whereas the United States ranks 28th Now, therefore, be it Resolved, That the Senate— among industrialized nations in the rate of Resolved, That the Senate— (1) supports the goals and ideals of Gold infant mortality; (1) commends the Oahu All-Stars for win- Star Mothers Day; and Whereas in the United States, infant mor- ning the 2005 Cal Ripken World Series title (2) calls on the people of the United States tality increased in 2002, for the first time in game and the Hawaii Warriors for winning to observe such day with appropriate cere- more than 4 decades; the 2005 Continental Amateur Baseball Asso- monies and activities. Whereas in 2002 the rate reached 7 deaths per 1,000 live births, which was the first in- ciation World Series (ages 9-under); f (2) recognizes the achievements of all the crease since 1958; teams’ players, coaches, and support staff, MILITARY CONSTRUCTION AND Whereas the recent increase is a signifi- and invites them to the United States Cap- VETERANS AFFAIRS APPROPRIA- cant and troubling public health issue, espe- itol to be honored; TIONS cially for African American families, Native (3) urges the President to— American families, and Hispanic families; (A) recognize the achievements of the Oahu AMENDMENTS NOS. 1870 AND 1871 Whereas the infant mortality rate among All-Star team and the Hawaii Warriors team; Mr. FRIST. Mr. President, notwith- African American women is more than dou- and standing passage of H.R. 2528, I ask ble that of Caucasian women, according to a (B) invite the teams to the White House for unanimous consent that the two report produced by the National Healthy an appropriate ceremony honoring these amendments at the desk be agreed to. Start Association and by a related group world championship teams; and The PRESIDING OFFICER. Without supported by the health department of Alle- (4) directs the Secretary of the Senate to— gheny County, in the State of Pennsylvania; objection, it is so ordered. Whereas the Secretary of Health and (A) make available enrolled copies of this The amendments (Nos. 1870 and 1871) resolution to the Oahu All-Star team and the Human Services has designated 2010, as the Hawaii Warriors team for appropriate dis- were agreed to, as follows: year by which certain objectives should be play. AMENDMENT NO. 1870 met with respect to the health status of the people of the United States; f On page 55, line 4, strike ‘‘$191,393,000’’ and insert ‘‘$179,343,000’’. Whereas such objectives, known as Healthy GOALS AND IDEALS OF GOLD On page 55, line 10, following ‘‘therefor’’, People 2010, include an objective regarding a STAR MOTHERS’ DAY strike ‘‘.’’ and insert ‘‘: Provided further, decrease in the rate of infant mortality; That of the amount provided for Military Whereas September 1, 2005, is the begin- Mr. FRIST. Mr. President, I ask ning of a period of several months during unanimous consent that the Senate Construction, Army, $8,900,000 shall be avail- able for Phase 1a of a Permanent Party Bar- which there will be several national observ- now proceed to the consideration of S. racks at Fort Leonard Wood, Missouri, and ances that relate to the issue of infant mor- Res. 250, which was submitted earlier $3,150,000 shall be available for an Airfield tality, including the observance of October today. Fire Station at Fort Sill, Oklahoma.’’ as Sudden Infant Death Awareness Month and November as Prematurity Awareness The PRESIDING OFFICER. The AMENDMENT NO. 8171 Month; and clerk will report the resolution by On page 56, line 11, strike ‘‘$103,347,000’’ and title. Whereas it would be appropriate to observe insert ‘‘$83,626,000’’. September 2005, as Infant Mortality Aware- The legislative clerk read as follows: On page 56, line 17, following ‘‘therefor’’, ness Month: Now, therefore, be it A resolution (S. Res. 250) supporting the strike ‘‘.’’ and insert ‘‘: Provided further, Resolved, That the Senate supports the goals and ideals of Gold Star Mothers’ Day. That of the amount provided for Military goals and ideals of Infant Mortality Aware- There being no objection, the Senate Construction, Air Force, $5,721,000 shall be ness Month in order to— available for a B–2 Conventional Munitions (1) increase national awareness of infant proceeded to consider the resolution. Storage Facility at Whiteman Air Force Mr. FRIST. Mr. President, I ask mortality and its contributing factors; and Base, Missouri, and $14,000,000 for Phase 1 of (2) facilitate activities that will assist unanimous consent that the resolution Force Protection Enhancement at Vance Air local communities in their efforts to meet be agreed to, the preamble be agreed Force Base, Oklahoma.’’ the objective, as established by the Sec- to, and the motion to reconsider be laid f retary of Health and Human Service in upon the table. Healthy People 2010, that the rate of infant The PRESIDING OFFICER. Without GOALS AND IDEALS OF INFANT mortality in the United States be reduced to objection, it is so ordered. MORTALITY AWARENESS MONTH a rate of not more than 4.5 infant deaths per The resolution (S. Res. 250) was Mr. FRIST. Mr. President, I ask 1,000 births. agreed to. unanimous consent the HELP Com- f The preamble was agreed to. mittee be discharged from further con- MEASURE STAR PRINTED—S. 1692 The resolution, with its preamble, sideration and that the Senate now reads as follows: proceed to the consideration of S. Res. Mr. FRIST. Mr. President, I ask S. RES. 250 239. unanimous consent that S. 1692, the Whereas the American Gold Star Mothers The PRESIDING OFFICER. Without Emergency Agricultural Disaster As- have suffered the supreme sacrifice of moth- objection, it is so ordered. sistance Act of 2005, be star-printed erhood by losing sons and daughters who The clerk will report the resolution with the changes at the desk. served in the Armed Forces, and thus perpet- by title. The PRESIDING OFFICER. Without uate the memory of all whose lives were sac- The legislative clerk read as follows: objection, it is so ordered. rificed in our wars; A resolution (S. Res. 239) supporting the f Whereas the American Gold Star Mothers goals and ideals of Infant Mortality Aware- assist veterans of the Armed Forces and ness Month. MEASURES PLACED ON THE their dependents in the presentation of CALENDAR—S. 1745 AND S. 1748 claims to the Veterans’ Administration, and There being no objection, the Senate aid the men and women who served and died proceeded to consider the resolution. Mr. FRIST. Mr. President, I under- or were wounded or incapacitated during Mr. FRIST. Mr. President, I ask stand there are two bills at the desk hostilities; unanimous consent that the resolution due for a second reading. Whereas the services rendered to the be agreed to, the preamble be agreed The PRESIDING OFFICER. The Sen- United States by the mothers of America to, and the motion to reconsider be laid ator is correct. The clerk will please have strengthened and inspired our Nation upon the table. read the titles of the bills for the sec- throughout our history; Whereas we honor ourselves and the moth- The PRESIDING OFFICER. Without ond time. ers of America when we revere and empha- objection, it is so ordered. The legislative clerk read as follows: size the role of the home and the family as The resolution (S. Res. 239) was A bill (S. 1745) to expand the availability of the true foundations of our Nation; agreed to. resources under the Community Services

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10392 CONGRESSIONAL RECORD — SENATE September 22, 2005 Block Grant Act for individuals affected by (b) EFFECTIVE DATE.—The amendments Weevil Eradication Program which will Hurricane Katrina. made by subsection (a) take effect on Sep- help cotton farmers continue to com- A bill (S. 1748) to establish a congressional tember 30, 2005. bat this destructive pest. commission to examine the Federal, State, f These programs, along with major and local response to the devastation wrought by Hurricane Katrina in the Gulf ORDERS FOR MONDAY, funding for USDA’s rural development Region of the United States especially in the SEPTEMBER 26, 2005 programs and housing services, are States of Louisiana, Mississippi, Alabama, helping farm areas around the country and other areas impacted in the aftermath Mr. FRIST. Mr. President, I ask continue to feed America and, indeed, and make immediate corrective measures to unanimous consent that when the Sen- continue to help feed the world. improve such responses in the future. ate completes its business today, it ad- Last week we also passed a third ap- Mr. FRIST. Mr. President, in order to journ until 1 p.m. on Monday, Sep- propriations bill, the Commerce-Jus- place the bills on the calendar under tember 26. I further ask consent that tice-Science bill. In addition to funding the provisions of rule XIV, I object to following the prayer and pledge, the basic Government business, it includes further proceeding en bloc. morning hour be deemed expired, the significant Katrina-related measures. The PRESIDING OFFICER. Objec- Journal of proceedings be approved to More than 350,000 families have been tion being heard, the bills will be date, the time for the two leaders be made homeless by the Katrina disaster. placed on the calendar. reserved, and the Senate then proceed The CJS bill provides Federal housing to executive session for the consider- f assistance of up to $600 per family per ation of Calendar No. 317, John Roberts month for up to 6 months to get these MEASURE READ THE FIRST to be Chief Justice of the United families back on their feet. I commend TIME—S. 1761 States. I further ask consent that the my colleagues for remaining focused on Mr. FRIST. Mr. President, I under- time from 1:30 to 2:30 be under the con- the appropriations process so that we stand there is a bill at the desk, and I trol of the majority leader or his des- can also meet our responsibilities to ask for its first reading. ignee, the time from 2:30 to 3:30 be the victims of Katrina. We have ex- The PRESIDING OFFICER. The under the control of the Democratic traordinary challenges before us, and clerk will please read the title of this leader or his designee, 3:30 to 4:30 under we are working hard to deliver mean- bill for the first time. majority control, and 4:30 to 5:30 under ingful relief in the gulf region in a fis- The legislative clerk read as follows: the control of the Democratic side. cally responsible way. A bill (S. 1761) to clarify the liability of The PRESIDING OFFICER. Without We moved quickly in the initial days Government contractors assisting in rescue, objection, it is so ordered. to allocate appropriate funding. We recovery, repair, and reconstruction work in f also lifted the burden of student loans the Gulf Coast Region of the United States for those displaced from colleges and affected by Hurricane Katrina or other major SENATE ACCOMPLISHMENTS disasters. universities. We made sure that FEMA Mr. FRIST. Mr. President, the Sen- had funding to cover their national Mr. FRIST. Mr. President, I now ask ate does continue to make steady flood insurance obligations, and we for a second reading and, in order to progress on the business of the Amer- passed legislation to get the Federal place the bill on the calendar under the ican people. We are hard at work fund- courts back on track in the regions af- provisions of rule XIV, I object to my ing the basic obligations of Govern- fected. Since then, we passed aggres- own request. ment. sive tax relief to encourage charitable The PRESIDING OFFICER. Objec- Today, we passed the Military Con- giving and to help hurricane victims tion being heard, the bill will receive struction Appropriations Act. The rebuild their homes, restore their pos- its second reading on the next legisla- Military Construction appropriations sessions, find housing, and find jobs. tive day. bill funds the entire Department of All of this is only the first step. There f Veterans Affairs along with the con- will be more. Helping the victims of AMENDING THE UNITED STATES struction of all five branches. Hurricane Katrina recover and rebuild GRAIN STANDARDS ACT It provides for cancer research and is a monumental undertaking, an un- funding for our VA hospitals, along Mr. FRIST. Mr. President, I ask dertaking this body is focused on. We with covering the cost of our treasured understand the absolutely critical im- unanimous consent that the Senate national monuments. I congratulate proceed to the immediate consider- portance of doing this in a fiscally re- Senators HUTCHISON and FEINSTEIN for ation of S. 1752, introduced earlier sponsible way, with full accountability accomplishing consideration and pas- and full transparency. This is America. today. sage of that bill in a single day. It took The PRESIDING OFFICER. The America is up to the challenge. The the cooperation of a lot of Members clerk will report the bill by title. Senate will continue to do its work and proves that we can go quickly The legislative clerk read as follows: moving forward in this regard. through the appropriations process. f A bill (S. 1752) to amend the United States Again, I thank both of them. Grain Standards Act to reauthorize that Act. This morning we also passed with PROGRAM There being no objection, the Senate near unanimous support the Agri- Mr. FRIST. Mr. President, next week proceeded to consider the bill. culture appropriations bill. I thank we will begin to debate the nomination Mr. FRIST. Mr. President, I ask Senator BENNETT and Senator KOHL for of Judge John Roberts to be America’s unanimous consent that the bill be their tremendous work and leadership Chief Justice. I am confident it will be read a third time and passed, the mo- on this important bill. The Agriculture a continuation of a process that has tion to reconsider be laid upon the bill targets spending on the needs of been quite dignified and civil. We will table, and that any statements relating rural America, while also maintaining continue that momentum as we go to the bill be printed in the RECORD. funding for essential food assistance through next week. A final vote on his The PRESIDING OFFICER. Without programs. The bill is particularly im- nomination will be held on Thursday, objection, it is so ordered. portant to farmers in States all across and I look forward to a full and robust The bill (S. 1752) was read the third the country, but in particular I want to debate that brings credit to this great time and passed, as follows: comment on my home State. institution. Our duty to advise and S. 1752 It provides $2 million for Appalachian consent on the selection of Supreme Be it enacted by the Senate and House of Rep- Horticultural Research, a collaborative Court Justices is perhaps one of our resentatives of the United States of America in project between the USDA and the Uni- most solemn obligations. I thank my Congress assembled, versity of Tennessee to help trees fight colleagues for their continuing hard SECTION 1. REAUTHORIZATION OF ACT. and resist disease; about $955,000 for re- work in this regard. (a) IN GENERAL.—Sections 7(j)(4), 7A(l)(3), 7D, 19, and 21(e) of the United States Grains search into the best way to protect soil In summary, the order we have laid Standards Act (7 U.S.C. 79(j)(4), 79a(l)(3), 79d, and water quality on farms which can out provides that we will begin the 87h, 87j(e)) are amended by striking ‘‘2005’’ suffer from heavy erosion; nearly $40 Roberts nomination on Monday. We each place it appears and inserting ‘‘2015’’. billion for the very successful Boll were prepared to have Senators deliver

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S22SE5.REC S22SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 22, 2005 CONGRESSIONAL RECORD — SENATE S10393 opening statements during Friday’s ask unanimous consent the Senate To be lieutenant general session. However, nobody has come for- stand in adjournment under the pre- LT. GEN. DANIEL P. LEAF, 0000 ward with a specific request to speak. vious order. IN THE ARMY Therefore, we will return on Monday There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and proceed to executive session to at 7:28 p.m., adjourned until Monday, IN THE UNITED STATES ARMY TO THE GRADE INDICATED begin that debate. September 26, 2005, at 1 p.m. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: I mentioned earlier that we will vote f on Monday, and Senators should expect To be lieutenant general NOMINATIONS that vote to begin somewhere around MAJ. GEN. MICHAEL D. MAPLES, 0000 5:30. We are clearing a number of legis- Executive nominations received by lative items, and we will announce on the Senate September 22, 2005: f Monday what that vote will be. DEPARTMENT OF DEFENSE I encourage my colleagues to take DORRANCE SMITH, OF VIRGINIA, TO BE AN ASSISTANT DISCHARGED NOMINATION advantage of Monday and early Tues- SECRETARY OF DEFENSE, VICE VICTORIA CLARKE. day to speak on the Roberts nomina- EXECUTIVE OFFICE OF THE PRESIDENT The Senate Committee on Foreign tion. Senators should not delay—please KATHERINE BAICKER, OF NEW HAMPSHIRE, TO BE A Relations was discharged from further MEMBER OF THE COUNCIL OF ECONOMIC ADVISERS, VICE consideration of the following nomina- do not—their statements until Wednes- HARVEY S. ROSEN, RESIGNED. day. The vote on the nomination will MATTHEW SLAUGHTER, OF NEW HAMPSHIRE, TO BE A tion and the nomination was con- MEMBER OF THE COUNCIL OF ECONOMIC ADVISERS, VICE firmed: be next week. We will be prepared to KRISTIN J. FORBES, RESIGNED. remain in session as late as necessary DEPARTMENT OF STATE ROBERT B. HOLLAND III, OF TEXAS, TO BE UNITED to accommodate Members’ speeches. I STATES EXECUTIVE DIRECTOR OF THE INTERNATIONAL BENSON K. WHITNEY, OF MINNESOTA, TO BE AMBAS- BANK FOR RECONSTRUCTION AND DEVELOPMENT FOR A know that most all Members will ei- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF TERM OF TWO YEARS. ther want to come to the floor or sub- THE UNITED STATES OF AMERICA TO NORWAY. DAVID M. HALE, OF NEW JERSEY, A CAREER MEMBER mit their statements to the RECORD, OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- f and we will accommodate them. Again, SELOR, TO BE AMBASSADOR EXTRAORDINARY AND I encourage them, so we won’t have PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE HASHEMITE KINGDOM OF JORDAN. CONFIRMATION this great rush on Wednesday or Thurs- DEPARTMENT OF HEALTH AND HUMAN SERVICES day morning, to come Monday and Executive nomination confirmed by JOHN O. AGWUNOBI, OF FLORIDA, TO BE MEDICAL DI- Tuesday and make their addresses. RECTOR IN THE REGULAR CORPS OF THE PUBLIC the Senate: Thursday, September 22, HEALTH SERVICE, SUBJECT TO THE QUALIFICATIONS 2005: f THEREFOR AS PROVIDED BY LAW AND REGULATIONS. ADJOURNMENT UNTIL 1 P.M. IN THE AIR FORCE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MONDAY, SEPTEMBER 26, 2005 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ROBERT B. HOLLAND III, OF TEXAS, TO BE UNITED CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE STATES EXECUTIVE DIRECTOR OF THE INTERNATIONAL Mr. FRIST. If there is no further AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BANK FOR RECONSTRUCTION AND DEVELOPMENT FOR A business to come before the Senate, I 601: TERM OF TWO YEARS.

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