Senate the Senate Met at 9:30 A.M

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

Vol. 152 WASHINGTON, THURSDAY, DECEMBER 7, 2006 No. 134 Senate The Senate met at 9:30 a.m. and was Eternal Lord God, our stronghold in Thank You for their investment in called to order by the President pro times of trouble, bless today our Sen- freedom and their sacrifices for our lib- tempore (Mr. STEVENS). ators. Lord, 65 years ago, America ex- erties. Comfort those who mourn and PRAYER perienced a day of infamy. As we re- those who bear the scars of battle. Be a member Pearl Harbor, our hearts turn companion to those who must stare at The Chaplain, Dr. Barry C. Black, offered the following prayer: toward the men and women of our an empty chair during this holiday sea- Let us pray. Armed Forces and their families. son. Defend those in harm’s way with

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VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A07DE6.000 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11404 CONGRESSIONAL RECORD — SENATE December 7, 2006 Your heavenly grace, and give them as far as we are concerned there is no creates a national sex offender reg- courage to face perils with trust in need for a cloture vote. We look for- istry, strengthens measures to prevent You. Give them a sense of Your abiding ward to working with the distinguished child pornography, and reinforces laws presence, wherever they may be. majority leader today, maybe tomor- against child porn. We pray in Your sovereign Name. row, maybe Saturday, to try to get as We passed the Trafficking Victims Amen. much cooperation out of Senators as Protection Reauthorization Act, which f possible. I know the finance folks have renewed the first federal law to worked long and hard to try to come strengthen prosecution efforts against PLEDGE OF ALLEGIANCE up with something that is very impor- human traffickers. The PRESIDENT pro tempore led the tant for the country. We will continue We passed legislation securing the Pledge of Allegiance, as follows: to monitor that and do everything we right to prayer in U.S. military acad- I pledge allegiance to the Flag of the can as we try to move this legislative emies. United States of America, and to the Repub- agenda forward. We passed legislation protecting the lic for which it stands, one nation under God, PROTECTING AMERICAN VALUES Mount Soledad Memorial Cross. indivisible, with liberty and justice for all. Mr. FRIST. Mr. President, I will be We passed the Broadcast Decency En- f very brief. I want to speak on another forcement Act, which allows for the 10- fold increase of FCC fines for indecency RESERVATION OF LEADER TIME matter. I know we want to get to the hour of pre-vote time here shortly. violations. The PRESIDENT pro tempore. Under Hopefully, tomorrow will officially We passed Cord blood legislation that the previous order, the leadership time end the 109th Congress. At the end of harnesses the power of stem cells in is reserved. the day tomorrow, if we do our work cord blood to develop new cures for f today successfully, and tonight, the life-threatening diseases. We passed the Fetus Farming Prohi- EXECUTIVE SESSION Senate will be able to adjourn. That will also mark, once we adjourn, this bition Act, which prohibits the gesta- official change in leadership and tion of fetal tissue in order to use it for NOMINATION OF ANDREW VON change in the Senate agenda. I know research. ESCHENBACH TO BE COMMIS- many of my colleagues and many of my We passed the Stem Cell Research Al- SIONER OF FOOD AND DRUGS, conservative allies view this change ternatives bill, which provides federal DEPARTMENT OF HEALTH AND with a bit of trepidation, but change is funding for a variety of stem cell re- HUMAN SERVICES good, change is constructive. It can be search that do not involve destroying human embryos. The PRESIDENT pro tempore. Under difficult, it can be painful, and it can be messy, but change forces us all to And perhaps most notably . . . we the previous order, the Senate will pro- confirmed John Roberts Chief Justice ceed to executive session to consider reexamine who we are, where we are, and where we want to go; what we of the Supreme Court . . . and Samuel the nomination of Andrew von Alito as an associate Justice of the Su- Eschenbach, of Texas, which the clerk know, what we believe. I believe it is our responsibility to preme Court. will report. We confirmed 18 Circuit court nomi- The legislative clerk read the nomi- protect traditional, commonsense American values. I believe when we nees and 87 District court judges, in- nation of Andrew von Eschenbach to be cluding six previously obstructed nomi- Commissioner of Food and Drugs, De- give the American people the freedom to invest their money as they choose, nees. America needs judges who are partment of Health and Human Serv- the economy is going to flourish. It is fair, independent, unbiased, and com- ices. going to have more freedom to grow. mitted to equal justice under the law RECOGNITION OF THE MAJORITY LEADER At the end of the day, I believe good . . . and we made sure that’s what The PRESIDENT pro tempore. The leaders don’t talk about principles— America got. majority leader is recognized. don’t talk about them—but good lead- Over the past 12 years, what Repub- SCHEDULE ers lead on principle. They act, and licans have done has changed our econ- Mr. FRIST. Mr. President, this morn- they act with solutions, even if they omy, our country, and our way of life ing the Senate will vote on the motion don’t know that the outcome is going for the better. to invoke cloture on the nomination of to be 100-percent successful every time Our record of success, combined with the FDA Commissioner, Andrew von a bill is taken to the floor. the lessons of November’s election, en- Eschenbach. Senators can expect to I think that is one of the things that sures that our party will rededicate have this vote around 10:30 to 10:45 this at least I tried to do, is not say let’s itself to serving the interests of Amer- morning, following the 1 hour for de- only take to the floor what will nec- ica, both here at home and around the bate. As I mentioned yesterday morn- essarily pass but what is the right world. ing, this is a very important position, thing to do, on principle; what is the That vision—optimistic, forward- and to have this confirmation finally right thing for us to be considering. looking, hopeful—will be grounded in being accomplished will be a great During my tenure in public office, it the fundamentals of commonsense con- achievement for this Congress. is what I tried to do, to lead on prin- servative values best found on Main Once cloture has been invoked, we ciple and act with solutions. It does Street and in families with whom we will try to schedule that vote on con- come from that surgical approach of have the privilege of interacting all firmation early in the day. There are fixing things, of operating, of action. across the country. The PRESIDENT pro tempore. Under several critical items the Senate must For example . . . for 10 years, we the previous order, there will be 60 act on before we adjourn sine die, and grappled with the issue of Internet minutes for debate prior to the cloture therefore Senators should adjust their gambling. We watched the industry vote, with time divided as follows: the travel plans to be here voting over the mushroom from a $30 million industry Senator from Wyoming, Mr. ENZI, or coming days. in 1996 to a $12 billion industry today. his designee, 30 minutes; the Senator I will be working with colleagues on We watched an addiction undermine from Iowa, Mr. GRASSLEY, 20 minutes; both sides of the aisle to wrap up our families, dash dreams, and fray the fab- the Senator from Louisiana, Mr. business for the Congress, and I appre- ric of a moral society. VITTER, 10 minutes. ciate Senators’ willingness to work to- So we acted with a solution . . . by passing the Internet Gambling Prohibi- Who yields time? The Senator from gether on a number of legislative and Wyoming is recognized. executive matters. tion and Enforcement Act to provide new enforcement tools to prosecute il- Mr. ENZI. Mr. President, I rise to dis- RECOGNITION OF THE MINORITY LEADER legal Internet gambling. cuss the pending nomination of Dr. An- The PRESIDENT pro tempore. The Let me give you a few more recent drew von Eschenbach to be the Com- minority leader is recognized. examples of how we have led on prin- missioner of Food and Drugs. The FDA MOVING THE LEGISLATIVE AGENDA ciple, and acted with solutions. has a very broad and critical mission in Mr. REID. Mr. President, Andrew von We passed the Adam Walsh Child protecting our public health. The Com- Eschenbach is cleared on this side, so Protection and Safety Act . . . which missioner of Food and Drugs is in

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.001 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11405 charge of an agency that regulates $1 But, in light of the trillion dollars lieve we need to send a message to the trillion worth of products a year. The worth of drugs and products overseen executive branch that it is not OK to FDA ensures the safety and effective- by the FDA and hundreds of drug ap- impede congressional investigations. It ness of all drugs, biological products provals reviewed every year, I think we is not OK to limit the Senate’s access such as vaccines, medical devices, and would be setting a dangerous precedent to documents, information, and em- animal drugs and feed. Let me repeat if any of us hold up the President’s ployees of the executive branch. In his that: the safety and effectiveness of all choice for FDA Commissioner over de- book on congressional government, drugs, biological products such as vac- cisions made involving one product or Woodrow Wilson, before he was Presi- cines, medical devices, animal drugs one issue or something extraneous, dent, when he was a professor at and feed. It also oversees the safety of even, to the Food and Drug Adminis- Princeton, wrote, in 1885: ‘‘Quite as im- a vast variety of food products, as well tration. It would be an especially dan- portant as lawmaking is vigilant over- as medical and consumer products in- gerous precedent at this point. sight of the administration.’’ cluding cosmetics. We have a lot on our plate with re- Our work as lawmakers does not end As Commissioner of Food and Drugs, spect to the FDA during the 110th Con- with the passage of a bill. This body Dr. von Eschenbach would be respon- gress. We have to reauthorize both the has a responsibility to the American sible for advancing the public health by drug and device user fee programs, ad- people to make sure that laws work helping to speed innovations in its mis- dress two expiring pediatric programs, and that they are being implemented sion areas, and by helping the public and improve our drug safety system. effectively, efficiently, and economi- get accurate, science-based informa- The FDA needs a leader with the cally. Congressional oversight serves tion on medicines and food. Dr. von backing and mandate that Senate convery important goals, and we should Eschenbach has a strong record. He is firmation provides in order to be our not lose sight. They include reviewing an accomplished scientist, a proven partner in these efforts. Dr. von actions taken and regulations adopted manager, and a man with a vision. He Eschenbach has received significant by executive agencies to make sure is also a cancer survivor, and he has support from the HELP Committee. that the agencies are executing law ac- brought that perspective, and the com- This man could serve patients in many cording to the intent of Congress, and, passion that goes with it, to his Gov- different ways, and has offered to serve second, ensuring that the Federal Gov- ernment service. He gave up a job he them by running this critically impor- ernment is not wasting taxpayers’ dol- loved, a challenging but rewarding post tant agency. I am talking about a doc- lars. Oversight work allows us to directing the National Cancer Insti- tor with cancer expertise, management evaluate the ability of agencies and expertise, and vision, who has agreed tute, to offer his service for what I be- managers to carry out program objec- to run this agency at what we pay believe is a much more challenging and tives and improve the efficiency, effec- cause he wants to give back to his definitely thankless job of leading the tiveness, and economy of Government FDA. country. I urge my colleagues who are not on programs; next, ensuring that execu- The FDA has been without a con- tive policies reflect the public interest firmed Commissioner for all but 18 our committee to give Dr. von Eschenbach a chance to effectively run and that public interest is expressed in months of the last 51⁄2 years. Have you the laws of Congress; and, lastly, pro- ever seen a business that can run for the FDA with full statutory authority, so I urge my colleagues to accept the tecting the rights and liberties of the 51⁄2 years without a boss except for 18 President’s nominee, Dr. Andrew von American people. months? And that was a tenuous 18 Woodrow Wilson also said in his book months. I believe we can all agree that Eschenbach, and vote to confirm him as the next Commissioner of Food and that: we need a strong leader at the FDA It is the proper duty of a representative now, and one who has a mandate to Drugs. Voting yes on this cloture vote will be the first step voting on a per- body to look diligently into every affair of act. He needs full authority to bring Government and to talk much about what it manent head to oversee our Nation’s back the morale of the Department and sees. It is meant to be the eyes, the voice and food and drug system. get the job done. We must be forward embody the wisdom and the will of its con- I reserve the remainder of my time. stituents. looking. There are many items before The PRESIDENT pro tempore. The the FDA that require the immediate Senator from Iowa. In America, with our Government, attention of an FDA Commissioner Mr. GRASSLEY. Mr. President, my the public’s business ought to be pub- vested with full authority. But that au- opposition to the cloture motion is as lic. But when you have coverups and thority flows directly from the act of much about whether we are going to be the lack of information going to Con- Senate confirmation. Without a Sen- able to fulfill our constitutional re- gress, as demonstrated by this request ate-confirmed leader, we can’t expect sponsibilities of oversight of the ad- for documents, and when we get a doc- the FDA to be as effective as we need ministrative branch of Government as ument back with practically 57 pages it to be. I urge my colleagues to con- it is about the particular qualifications removed, what is in those 57 pages that sider this. of the nominee. I intend to vote we ought to have access to? That is I know some of my colleagues on and against cloture and I hope that Demo- just one example of lack of information off the committee are not completely crats who are listening—particularly and the lack of cooperation from this satisfied with their interactions with those Democrats in the last election agency. the FDA during Dr. von Eschenbach’s who were bellyaching because there Throughout history, Congress has en- tenure. Some would urge that the Food wasn’t any oversight on the part of Re- gaged in oversight of the executive and Drug Administration move quickly publicans toward the executive branch branch. The right to congressional on certain matters before it. However, of Government—would pay attention oversight has been asserted from the I am not sure that holding up a nomi- to the fact that this nominee has some- earliest days of our Republic. In 1792, nation over single products or single thing to do with and is an illustration the House invoked its authority to con- issues is the right way to achieve fast- of the lack of cooperation on the part duct oversight when it appointed a er action and to ensure that agency of the executive branch, failure to co- committee to investigate the defeat of processes are free from the pressure of operate with Congress on the issue of General St. Clair and his Army by Indi- politics. In fact, I strongly believe the congressional oversight. ans in the Northwest and empowered opposite would occur. I think this is a I have serious concerns about what the ‘‘call for such persons, papers, and position that has more Catch-22s than this cloture vote means, then, to con- records as may be necessary’’ for that any other position in Government. gressional oversight of the executive inquiry. I do respect the right of my col- branch now and in the future, and what In fact, the Constitution grants Con- leagues to disagree with the Presi- it means for Members such as me, who gress extensive authority to oversee dent’s choice for this position or the placed a hold on this nominee. This and investigate executive branch ac- policies a President’s nominee might was not a secret hold. I made this hold tivities. pursue. If our disagreements with the public. Congressional oversight was also rec- President’s choice are so strong, we I am voting against cloture and ask ognized explicitly in the passage of the ought to vote against the nominee. my colleagues to join me because I be- Legislative Reorganization Act of 1946,

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.002 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11406 CONGRESSIONAL RECORD — SENATE December 7, 2006 which required the standing commit- they were going to do because Repub- This past summer I asked the Con- tees of Congress to exercise continuous licans weren’t doing it—they didn’t let gressional Research Service to look watchfulness over programs of agencies me—let me ask you this: Are you going into the department’s policies regard- in their jurisdiction. Numerous Su- to be able to conduct oversight when ing this matter. And the Congressional preme Court decisions will support all you get answers such as that? Are you Research Service told me that there is the precedents for Congress to see all going to be able to conduct oversight ‘‘no legal basis’’ for the department’s aspects of the Federal Government. when, for 7 months, you don’t get your executive branch assertion. The legal In 1927, in McGrain v. Daugherty, the subpoenas responded to? What is the analysis provided by Congressional Re- Supreme Court upheld congressional agency’s explanation? The FDA has search Service supports the commit- authority to conduct oversight of the said that many documents have been tee’s position that these executive Teapot Dome scandal. Justice Van withheld, that it is unduly burdensome agencies’ claims have been consist- Devanter writing for the unanimous to provide a privilege log. Even in the ently rejected and compliance with Court stated: FDA, general counsel, as recently as congressional requests in the past has We are of the opinion that the power of in- Tuesday of this week, could not see been forthcoming. The CRS cites nu- quiry with the process to enforce it is an es- why the agency needed to comply with merous court cases which establish and sential and appropriate auxiliary to the leg- the law and the terms of the subpoena support Congress’s power to engage in islative function. which was issued by the committee. oversight and investigate activities To do oversight, Congress needs ac- In denying the committee access to and its access to executive branch per- cess to information and people in the the documents responsive to the sub- sonnel and documents in carrying out executive branch. And that is what I poena, which the department and the our powers of oversight. did not, and still may not, be getting FDA administration have claimed The Department of Health and from the FDA under the leadership of ‘‘prosecutorial deliberative process’’ or Human Services, the FDA within Dr. Von Eschenbach—as an example, 47 ‘‘confidential communications’’ or Health and Human Services, says it has pages removed; another example, 43 ‘‘agency prerogatives’’ to determine been responsive because the agency pages removed. who will be interviewed and testify be- made available hundreds of thou- How are you going to conduct over- fore a jurisdictional committee, when sands—even millions—of pages of docu- sight when you get answers such as those on the other side of the aisle get ments to the Finance Committee in re- that from the Food and Drug Adminis- answers such as that when you are sponse to its subpoena. But the agency tration? going to be in the majority, what are I take exception to the statement can give me all of the books and all the you going to do about it? Are you going made in support of the cloture motion. documents housed at the Library of to keep your commitment to the Amer- People ought to be ashamed of saying Congress and it won’t matter if it is ican people when you won the major- Dr. Andrew von Eschenbach has done a not what I have asked for and the ity? And are you going to be able to do superb job in the position he is cur- pages are removed. the oversight when you get rationales rently occupying with an answer such It is this type of cooperation that I such as ‘‘prosecutorial deliberative as that to the Congress of the United am getting under this Director that States. That is an insult. Before you process’’ or ‘‘confidential communica- you are now going to confirm. I am cast your vote in favor of cloture, con- tions’’ or ‘‘agency prerogatives?’’ very concerned about the cooperation, I could not talk to a line agent sider what is at stake—and particu- if any, that we have once he becomes a named West because you can’t talk to larly Members on the other side of the permanent commissioner. Every Mem- line agents, when 3 months before I aisle who, during the campaign, in ber of Congress should be equally con- talked to line agents? There was some- campaign commercial after campaign cerned if they take their constitutional one from the Justice Department be- commercial after campaign commer- duty of conducting oversight of the ex- fore the Judiciary Committee, when cial, said Congress is not doing its job ecutive branch seriously, and most im- of oversight, implying that Repub- Senator KENNEDY said, ‘‘I want access portantly to the new majority when licans were covering up wrongdoing by to line agents,’’ unrelated to what I am you are going to carry out your cam- the administration. If you want to pre- talking about: Line Agent West, whom paign promises to make sure that there serve your access to information and I wanted to talk to and I was told I is proper oversight, checks and bal- do the oversight that you think you couldn’t talk to because you can’t talk ances against an executive branch of are going to do, when you are in the to line agents, the official at the Jus- Government you think is exceeding au- majority and you get answers such as tice Department said to Senator KEN- thority. Every Member should be con- that, do you think you are going to be NEDY: cerned. I cannot emphasis this enough. able to do the job of oversight? You can talk to line agents. We will get A vote for cloture today is a vote In my interactions with the Depart- them for you. against oversight, and that is not what ment of Health and Human Services I do not know whether that ever hap- this Senate should be doing. It is not and the FDA these last 8 months, I pened. But that was the answer. what the American people sent us here have seen a complete and utter dis- When I went around doing my ques- to do. We need to step up congressional respect for congressional authority and tioning of Justice Department offi- oversight to protect our Nation’s sys- hence the law. The department and the cials, I said: What about my ability to tem of checks and balances and not re- Food and Drug Administration have re- talk to Line Agent West? It just ward those who seek to impede our peatedly failed to act in good faith in seemed as if I was going to be able to constitutional authority. responding to congressional investiga- talk to Line Agent West. But yet this This body should not walk hand in tions—and the lack of 43 pages is just very day the Justice Department is ad- hand with the executive branch and sit one example. vising the Secretary of the Interior idly by as instances of abuse and fraud Although the Director’s leadership at that we can’t talk to Line Agent West, continue to endanger the health and the FDA has failed to fully comply which is key to whether some of these safety of American people. This Senate with two congressional subpoenas that investigations are allowing dangerous needs to make it clear to the executive were issued 7 months ago, efforts to ac- drugs on the market. In Cedar Rapids, branch that Congress takes its over- commodate the agency’s concerns fall IA, I have a family that lost an 18-year- sight responsibilities seriously and to on deaf ears, and I wonder if I am deal- old because of a drug that was on the vote against cloture. If we do have clo- ing with dysfunction by design. Not market then and which is not on the ture, I will have other remarks during only has the NEDA withheld docu- market now. postcloture debate. ments that do not appear to be privi- It seems to me that if you are con- The PRESIDING OFFICER (Ms. MUR- leged, but it also says what has been cerned about the safety of drugs, this KOWSKI). The Senator from Wyoming. withheld and why. The subpoenas com- information is important, and if you Mr. ENZI. Madam President, I want pel a privilege log, but the FDA has not are going to have it covered up in the to briefly comment. provided us with that privilege log. FDA, you aren’t protecting the public. I understand the frustration. I have For Democrats in the majority next If Congress knows about it, you are not been working with him trying to get year doing the oversight that they said doing your job of oversight. documents, trying to get the interview

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.003 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11407 with Mr. West. I want you to put your- tors haven’t had that experience, one congressional confirmation he de- self in Dr. Von Eschenbach’s position. might not get the impression that they serves. He deserves it because he left He has not been confirmed. He does not really understand what a patient is the private sector at a world renowned have the full authority to run that de- going through. Not Dr. Andy von cancer research institution to serve his partment. So what he has to do is rely Eschenbach. He has been through the country and the responsibility it takes on the Department of Justice, as the hard time of being told he has this in a high public policy position. Senator mentioned. The Department of dreaded disease and fighting it with all Sometimes I wonder how we attract Justice tells him what he is supposed his might. He does relate to patients’ such qualified academics and people to do. I don’t think he has authority to struggles. who are not experienced in this arena. go beyond what the Department of Jus- During his 25 years at the University They are not used to the compromise tice says. of Texas M.D. Anderson Medical Cen- of politics. They have been researchers The Senator is one of the most dili- ter, he led a faculty of 1,000 cancer re- and in academia all their lives. They gent Members to hold oversight hear- searchers and clinicians. He was the come into public service and all of a ings of anybody that I know. I appre- chief academic officer at this great sudden they are hit with the public ex- ciate the depth that you go to for indi- cancer institution. He was also the posure and scrutiny. Sometimes they viduals as well as groups. I know it is founding director of M.D. Anderson’s are unfairly characterized in a way what you are doing on this one. Unless Prostate Cancer Research Program. In they never dreamed. we give him full authority, he has to this position, he developed integrated Yet we have someone of the caliber of rely on the Justice Department. The programs to study, treat, and prevent Andy von Eschenbach willing to take way one has to take on the Department prostate cancer. Before arriving at all of that to do something better for of Justice is through the Judiciary M.D. Anderson, he served his country our country and for cancer patients in Committee and bring them to task for as lieutenant commander in the U.S. the country and in the world. We owe giving him that kind of advice. I think Navy Medical Corps from 1968 to 1971. him the ability to have this position he is just following the advice he has In 1976, he joined M.D. Anderson as a without any further delay, with the gotten from those he has to rely on urologic oncology fellow. He became complete imprimatur of the Senate as until he has authority. I think it will part of the faculty and was named well as the President of the United be different when he has full authority. chairman of the Department of Urol- States. He deserves it. I hope our colleagues will look at I yield 2 minutes to the Senator from ogy in 1983. Alaska. When he left M.D. Anderson in 2002, this, not from a political prism but from the standpoint of a qualified indi- The PRESIDING OFFICER. The Sen- he became Director of the National vidual who is trying to help medical re- ator from Alaska. Cancer Institute. At the time, he was search and safety in this country go Mr. STEVENS. Madam President, president-elect of the American Cancer forward, who is a patient advocate, during my time of almost 7 years as Society which, of course, is one of the first and foremost. chairman of the Appropriations Com- leading organizations in our country I thank Senator ENZI and Senator mittee, I have met with Dr. Von that fights for victims of cancer. KENNEDY for working together to bring Eschenbach quite often. We had many He has, also, been published in more this nomination to the Senate. We requests for documents. I can’t remem- than 200 publications. This year, Time should have a bipartisan vote in con- ber once that he refused. But beyond Magazine named Andy von Eschenbach firming Dr. Andrew von Eschenbach. that, I came to the floor today to say as one of the 100 people who shape our I yield the floor. that I have gotten to know Dr. Von world. The PRESIDING OFFICER. The Sen- Eschenbach personally, and I can’t The FDA is fortunate to have Dr. von ator from Louisiana. think of a more qualified man at this Eschenbach. It is one of the Nation’s Mr. VITTER. Madam President, I rise time to be confirmed to this position. I oldest and most respected consumer today to speak against the cloture mo- hope the Senate will vote cloture and protection agencies. It regulates $1 tion to confirm Dr. Andrew von we will confirm Dr. Andrew von trillion worth of products available to Eschenbach as Commissioner of the Eschenbach as requested by the Presi- American consumers, and it makes FDA. I have had a public hold on this dent. I thank the Chair. sure the products are safe and effec- nomination and have been very upfront Mr. ENZI. Madam President, I yield tive. about it. Because my serious concerns 10 minutes to the Senator from Texas. Dr. Von Eschenbach is the right per- have not been addressed in any signifi- The PRESIDING OFFICER. The Sen- son to lead the FDA’s mission. I com- cant way, I will vote against cloture. If ator from Texas. pletely trust him. I cannot think of a cloture is invoked, I will vote against Mrs. HUTCHISON. Madam President, more qualified candidate. I hope we the nomination. I thank Senator ENZI for giving me this will put politics aside in this very im- In doing so, I want to be clear I have time. I am pleased to rise to support portant nomination and we will con- nothing against Dr. Von Eschenbach’s Dr. Andrew von Eschenbach’s nomina- firm this very qualified individual. He technical credentials or professional tion for Commissioner of the Food and is balanced. He has good judgment. He experience. They are very impressive Drug Administration. I am speaking will continue to be a cancer advocate in many ways. I strongly object to this about a person whom I know. I know as well as a patient advocate. nomination because the FDA and Dr. him as a person. I know him as a He knows, also, from the FDA stand- Von Eschenbach, acting on orders from human being. I can say, with full con- point, of the issues involved with the the administration, has had a complete fidence, there is no one more qualified drug approval process—that products and utter lack of action creating a rea- and more well suited to lead this very face extensive testing and studies com- sonable, safe system for reimportation important agency. pared to other countries. I have talked of prescription drugs from Canada and I was very pleased the committee to him about this. Of course, their first elsewhere. overwhelmingly, unanimously, sup- and foremost responsibility is safety. Clearly, this nomination making him ported his nomination. Not only is Dr. That is why they have this arduous and the permanent head of the FDA will Von Eschenbach a wonderful friend of comprehensive process of approving only further delay that reasonable im- mine, but he is so qualified for this po- drugs. plementation of a good, safe reimporta- sition. His experience and integrity On the other hand, he also knows you tion policy. In fact, at my extensive make him the right choice to lead the need to make drugs available for pa- meeting with Dr. Von Eschenbach, my FDA. tients who otherwise may not survive. discussion with him made that per- He is a nationally recognized uro- He realizes these concerns from every fectly clear. I give him credit, I sup- logic surgeon, medical educator, and angle. He knows it from the research pose, for being very direct about that, cancer advocate. He is a three-time angle, from the academic angle, from although I am not sure he fully under- cancer survivor. There is no one who the Government angle, and from the stood my serious interest in reimporta- can understand what it is like to go patient advocate angle. tion. It is for this reason I will vote through a fight against cancer than It would be a tragedy if we did not against cloture. If cloture is invoked, I someone who has done it. So many doc- give him the full authority and the full will vote against the nomination.

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.004 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11408 CONGRESSIONAL RECORD — SENATE December 7, 2006 The FDA is completely capable of making record profits, the costs of pre- blown reimportation plan to be here on setting up a reimportation system, one scription drugs are still skyrocketing the floor of the Senate for a full debate that is safe and effective. The FDA can and the very same medicines usually and a fair vote. do this. It is not a matter of technical manufactured by the very same compa- So as I oppose cloture, as I oppose ability. We have great technical and nies are sold at a fraction of the costs this nomination, I do so in that spirit other resources in this country. It is a a few miles north of the border in Can- and with real optimism that we are not matter of political will. At any time, ada or in other countries around the only making progress, but we will, in the FDA could act and set up this safe world. Louisianians see that and they fact, win on this issue in the near fu- and reasonable system. are very skeptical. They should be. I ture. Next year, I expect my bill to be My hold on this nomination, as I share that attitude. I share that skep- fully debated. In this Congress, that said, was very public, upfront, and ticism. bill is S. 109, the Pharmaceutical Mar- clear. I made it clear I would lift it, Opposing the right of an American to ket Access Act. I believe it will reach contingent on a very simple request to buy prescription drugs, FDA-approved the floor and will get a full debate with implement some sort of prescription medication they intend to use for other significant bills on the issue next drug reimportation plan—perhaps be- themselves, is a wrong policy. We pay year. ginning with personal reimportation the highest prices in the world for pre- I look forward to that continued from Canada, including Internet and scription drugs in America. Our prices progress. I look forward to that ulti- mail order sales. The FDA could do subsidize not only rockbottom prices in mate victory because Americans, par- this. It is fully capable of doing this. It almost every other country but also ticularly seniors, all across our coun- has the know-how to do this. It simply sky-high and escalating profits of the try, including in Louisiana, need this will not because of lack of political pharmaceutical companies. That is not very important relief. We can give will. fair. That should not be allowed to con- them this relief in a safe, reliable way The need for this is very obvious to tinue. That is why we need to pass this to dramatically bring down prescrip- me. Every time I talk to consumers in important policy of reimportation. tion drug prices. Louisiana, particularly seniors, it be- Many of my colleagues have spoken With that, I yield back the floor. comes more and more obvious. As obvi- about this significant issue in the Sen- The PRESIDING OFFICER (Mr. ous and as important is the growing ate. THOMAS). The Senator from Wyoming. support for this—not just out in the In September, my colleague from Mr. ENZI. Mr. President, I wish to country where that support has always Michigan spoke of her bus trips with acknowledge the intense, enthusiastic, been strong but in the Congress, in the her constituents to Canada where they and persistent work of the Senator Senate, in the House. were able to buy safe, FDA-approved from Louisiana, Mr. VITTER, for drug The House passed comprehensive drugs at a fraction of the U.S. cost: importation. I do not know that I have drug reimportation language in 2003. It Lipitor, a very important cholesterol- seen anybody lead as much on an issue passed it by an overwhelming majority. lowering drug, for 40 percent less; or work as hard on an issue. Around More recently, the Senate passed my Prevacid, an ulcer medication, for 50 here, that is a talent which is very amendment coauthored by Senator percent less; antidepression medica- much appreciated. BILL NELSON of Florida by a vote of 68 tions such as Zyprexa for 70 percent I do want to mention that, again, Dr. to 32. That was this past July. That less. Von Eschenbach has not been con- was a significant breakthrough because In June, my colleague from North firmed, so he does not have full author- it was the first time we had a meaning- Dakota spoke eloquently about the ity to run the Department or to do ful, straight up-or-down vote on a re- need to allow the reimportation of safe what he would like to do or might need importation issue in the Senate. Again, drugs as a way to pressure U.S. phar- to do. He has to rely on the advice of the vote was clear. It was over- maceutical companies to lower prices other people, particularly until he is whelming. That important amendment here. That is the key, not just offering confirmed. After that, even then, he passed 68 to 32. this option of cheaper drugs from an- will have to abide by the laws. All this shows that the majority of other source but breaking up the I would point out that drug importa- Americans strongly support allowing present system that allows companies tion is illegal right now, and it is Con- all Americans to purchase safe, cheaper to charge dramatically different prices gress, not the FDA, that has deter- prescription drugs from Canada and for the same drug around the world. mined that. So until we change the elsewhere. Yet the administration ab- And, of course, the highest prices in law, until we do some or all of the solutely refuses to budge. Not only the world by far are right here in the things the Senator from Louisiana is does the administration refuse to United States. That system will not be suggesting, Dr. Von Eschenbach would budge, it even went so far as to quietly able to withstand reimportation. That really be stepping out of bounds to do implement a new policy last year at system will fall with reimportation. drug importation. So I hope we do not U.S. Customs and Border Protection to So that is why I continue this fight. hold that against him or hold up his go after individual American citizens That is why it is so important. Al- nomination for that reason. We should crossing back into the United States though certainly this nominee may hold him accountable for what is with- from other countries—mostly Canada— very well be confirmed by the Senate in his control, but urge him to work with medicine, actually seizing their today, I am very optimistic that, as we with Congress. packages containing legal medication make progress on this issue, we march I have had dozens of meetings with at those border checkpoints. That is a to a very certain victory, probably him on a variety of issues, as Senators very high-handed policy, when these next year, on the issue. have brought them up. Most of them citizens are doing nothing but trying Again, we have been making steady have been resolved. Those within the to get absolutely necessary prescrip- progress. My amendment this past law, those the Department of Justice tion drugs at a reasonable cost. summer—the first vote on the floor of has not contested, have been resolved. Coupled with the FDA and the ad- the Senate—was a breakthrough vote Mr. VITTER. Will the Senator yield ministration’s stubborn reluctance to that showed overwhelming support very briefly? implement even the most modern pro- here on the floor of the Senate for re- Mr. ENZI. Yes. gram, this has led me to conclude that importation. Previous House votes, Mr. VITTER. Just very briefly, first no change would be made with the con- similarly, showed not just majority of all, I appreciate your kind com- firmation of this nominee. support, overwhelming support for this ments. Very briefly, my comments re- Again, this is an issue of utmost im- change in policy. Just recently, I again garding his and FDA’s ability to move portance to every American family joined with Senator BILL NELSON of forward on this is based on current law, and, of course, it particularly impacts Florida to put up another important including the Medicare Modernization seniors. I talk to affected families and amendment to the Agriculture appro- Act, which says that if they institute a affected seniors in Louisiana about this priations bill that would go a step fur- safety regime and certify the safety of all the time. They tell me, at a time ther. We will continue to pursue that. these drugs, they can, in fact, move when pharmaceutical companies are Then, next year, I fully expect a full- forward with the reimportation regime.

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.005 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11409 So under present law, that is possible, or Michael Leavitt, can come forward paramount. We absolutely have to have and that is what I was referring to. But and certify that all of these are, in at the head of the FDA, in that kind of I respect the Senator’s point of view. fact, as advertised, it is the law that revolution, a man who is visionary, a Mr. ENZI. I appreciate that com- they cannot be brought into the United man who looks to the future, and a ment. If you were a person who was in States. I think that is an appropriate man who understands the potential a catch-22 position, a very qualified law protecting people in the United that lies in the area which he super- doctor, and you really wanted to do a States. intends. good job with FDA and you knew that I agree with the Senator from Wyo- Dr. Von Eschenbach, I am convinced, half the people or a third of the people ming that it really is not appropriate is such a man. I have his resume. We or even 10 percent of the people did not to hold up Dr. Von Eschenbach’s con- have heard it outlined here. It is an want drug importation and you were firmation on this issue because it has outstanding resume. But people with the guy in charge of maybe making to be decided by the scientists and good resumes can come before us all this determination for the first time— those who are doing the sampling of the time and, in fact, have no vision. even though 6 or 8 years previously the shipments rather than the head of They spend their time tending what is Congress had opposite opinions on it— the FDA. on their own plate. This is a man with I do not think you would want to put I have gotten to know Dr. Von vision. This is a man who sees what yourself in that position. Eschenbach as the chairman of the Ag- can happen and who desperately wants He has just had a number of catch-22 riculture Appropriations Sub- to take the FDA in that direction. positions where he can irritate half or committee. You usually think of agri- He said to me: Senator, I don’t feel more of us by making a decision, and cultural appropriations in terms of that I can institute these kinds of long- nobody is going to make a decision in crop supports and USDA activities. But term changes as long as I am acting. I their confirmation process that way. for whatever reason, in its wisdom, feel—I think appropriately, from my It is actually the Health and Human Congress at one point put jurisdiction point of view—that I cannot make Services Secretary who has to certify over the Food and Drug Administra- these kinds of structural changes in under the new law as well. tion into that subcommittee. So, if you FDA’s mission and direction until I So I hope we can get him confirmed will, I have been in the position of deal- have the imprimatur of the U.S. Senate and then do the kind of oversight we ing with this man as he has come beg- and full confirmation. need to do to make sure he does every- ging. The longer we hold up his nomina- thing that is possible to make sure we As we are in the Appropriations sub- tion, the longer we keep him from have safe food and drugs. committees, everybody who has re- being confirmed, the longer we will Mr. President, I yield up to 10 min- sponsibility over which we have con- wait for that kind of vision to be estab- utes to the Senator from Utah. trol comes begging; that is, they come lished in that agency. I think we have The PRESIDING OFFICER. The Sen- asking for things, they come outlining waited too long. I salute the majority ator from Utah. their position, and they come describ- leader for his persistence in bringing Mr. BENNETT. Mr. President, I did ing what they will do with the money. this nomination to the floor. At this not plan to talk about drug reimporta- All of us who have been on the Appro- time, with all the other things we have tion, but coming on the heels of this priations Committee have had this ex- to do before this Congress comes to an conversation, I simply want to make perience with a wide variety of people end, this is one he could easily have this one observation: The key state- from the executive branch. I have put off. I am grateful that he did not. ment made by the Senator from Lou- never seen anyone who has come before I am grateful that he filed a cloture motion to hold our feet to the fire on isiana was safe drug reimportation. our subcommittee better prepared, this one and say: It is time for us to And the key problem here is certifying with a better understanding of how the act. It is time for us to give this man that the drugs coming across the bor- money will be spent, and with more vi- the imprimatur of our confirmation der—after they have been sent and sion as to where the money ought to be vote so he can move forward, he can in- then are reimported are, in fact, the spent to take the agency into the fu- fuse the agency with the kind of vision same drugs, they are, in fact, safe. ture than Dr. Von Eschenbach. The Congress has said the drugs can We have not just sat and discussed and excitement that I know he has. I have spent enough time with him, I be reimported back into the United budget issues; we have not just sat and have had enough conversation with States as soon as the Secretary can talked about dollars and cents—what him—have talked to his peers outside certify that they are, in fact, safe. I are you going to spend here and what of the agency to know that the Presi- have seen the sample runs, if you will, are you going to spend there—he has dent has made an outstanding choice in that have been made on this issue. outlined for me in our conversations Dr. Von Eschenbach. We as a country They have found again and again that where he thinks the FDA of the future would be well served to have him in a certain percentage of the drugs com- ought to be and what it will cost to get this place, and I urge the Senate to in- ing back are, in fact, not drugs manu- it there. voke cloture and confirm this nomina- factured in the United States. They I have been very struck and im- tion as quickly as we possibly can. have been manufactured elsewhere, pressed by his vision for the FDA. This Mr. HATCH. Mr. President, to me it packaged in Canada or Mexico or wher- is not a man who is content to simply is simply unconscionable that the Food ever, and then sent back to the United superintend what he has on his plate. and Drug Administration, one of the States fraudulently, as if they were, in This is a man who has the capacity to best little agencies in Government, has fact, the original drugs. look to the horizon, and maybe even gone leaderless for such a period of Now, they have not yet killed any- over the horizon, to see where America time. body that I know of. They are not so ought to be. Here we have an agency that governs, unsafe that they have, in fact, poisoned In the practice of medicine right by some estimates, 25 cents out of anybody. Overwhelmingly, the history now, drug therapy is the cutting edge. every consumer dollar, and yet we has been that the dosage in the drugs is Yes, we are developing new operations. treat it as a stepchild. We do not pro- simply not the same as advertised in We are developing new surgical proce- vide it with the funding it needs. We the drugs manufactured in the United dures to try to push the envelope out allow it to exist without a confirmed States. They have traces of whatever further as far as health care is con- commissioner for months and months the drug might be in the fraudulent cerned. But the major breakthroughs on end, for repeated periods. And yet packages, but the dose control is not are coming through drug therapy. we expect it to be the vital consumer the same, and it is dangerous to the in- There are all kinds of situations now watchdog agency it was intended to be. dividual taking the drug if he or she as- where it can be handled with drug ther- When you think about what this sumes they are getting a certain dos- apy that obviates the need for an oper- agency does, what the daily business of age and, in fact, they are getting less. ation or any kind of surgical intrusion. the FDA is, you can see how dire the That has been the challenge. That The implications of that are huge, and situation really is. has been the problem. And until the the role of the FDA in that kind of This is an agency that makes certain Secretary of HHS, be it Donna Shalala medical revolution of the future is the drugs and medical devices we use

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.008 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11410 CONGRESSIONAL RECORD — SENATE December 7, 2006 are safe and effective, that the cos- tion of Dr. Andrew von Eschenbach to be agency. Dr. von Eschenbach will lead the metics, dietary supplements, and over- Commissioner of the Food and Drug Admin- agency and strengthen the credibility of its the-counter medications we count on istration. decision-making process. Dr. von Eschenbach is an excellent choice are sold safely, with truthful and non- EDWIN A. MIRAND, to head the FDA. He has an outstanding ca- Secretary. misleading claims. This agency regu- reer as a physician, researcher, and adminis- lates animal drugs and radiological de- trator in both the public and the private sec- THE AMYOTROPHIC LATERAL vices and so much more. Yet, time tors. As a physician, he has treated cancer SCLEROSIS ASSOCIATION, after time, it does without a confirmed patients for almost thirty years. As a re- Washington, DC, July 24, 2006. commissioner. And this is the abso- searcher, he has published more than 200 ar- Hon. MICHAEL ENZI, lutely wrong time for that to happen. ticles and books and was the founding direc- Chairman, Health, Education, Labor and Pen- Think about the key FDA issues we tor of M.D. Anderson’s Prostate Cancer Re- sions Committee, U.S. Senate, Washington, search Program. As an administrator, he has are facing: the safety of the food sup- DC. served as the president-elect to the Amer- Hon. EDWARD KENNEDY, ply, how to improve drug safety, insti- ican Cancer Society. Ranking Member, Health, Education, Labor and tuting a new system of mandatory ad- It is critically important to our industry Pensions Committee, U.S. Senate, Wash- verse event reporting for serious events and to the nation that the position of the ington, DC. associated with the use of dietary sup- FDA Commissioner be filled. Strong leader- DEAR CHAIRMAN ENZI AND RANKING MEMBER plements and nonprescription drugs, ship is essential if the FDA is to most effec- KENNEDY: The ALS Association strongly sup- extending the user fee programs for tively fulfill its mission of assuring the food ports the nomination of Andrew von Americans eat is safe and healthful, that the Eschenbach, M.D., to be Commissioner of the drugs and devices, and the incentives drugs they take are safe and effective, and for pediatric drug testing—and I have Food and Drug Administration and we urge that the medical devices they rely on for the Committee to favorably report the nomi- named only a few of the issues. We are cures and treatment are safe and effective nation to the full Senate. facing all these pressing public policy and represent the latest and best that our in- The ALS Association is the only national issues, and yet we expect the agency to dustry can offer. Experience has shown that voluntary health association dedicated sole- do its job without a confirmed commis- a permanent director continued by the Sen- ly to the fight against Amyotrophic Lateral sioner. That is not right. It is simply ate is necessary to assure that the agency Sclerosis (ALS), more commonly known as not right. has the authoritative leadcrship it needs to Lou Gehrig’s disease. Our mission is to im- respond promptly and effectively to all the The President has nominated a well- prove the quality of life for those living with challenges it faces. ALS and to discover a treatment and cure qualified, more-than-capable medical Prompt confirmation of Dr. von for this deadly disease. doctor to the position of Commissioner Eschenbach is especially important in view We believe that strong leadership at the of Food and Drugs. of the issues that are currently facing the FDA is essential so that the Agency can ful- I know Dr. Von Eschenbach well. He FDA. Next year, both the medical device and fill its mission and not only ensure that is a man of integrity. He is a good man- drug user fee programs must be renewed by drugs and medical devices are safe and effec- ager. He is a good listener. He knows Congress, and the agreements between indus- tive, but also that people have timely access the importance of working well with try and the FDA that will be the starting to the latest medical technologies. This is point for the reauthorization are being nego- Congress, and I believe he will work especially important for people with ALS, tiated right now. The critical path initiative, for there is no known cause or cure for ALS, well with us. which offers so much potential for speeding and only one drug available to treat the dis- I urge my colleagues—no, I implore the development and approval of safe and ef- ease. That drug, approved by the FDA in my colleagues—to do what is right and fective products) is just getting off the 1995, provides only modest benefits, pro- vote to invoke cloture on this nomina- ground and needs a strong advocate. The longing life by just a few months. tion. It is what Dr. Von Eschenbach de- challenge of determining how FDA can most Dr. von Eschenbach would provide the serves. It is what the agency deserves. effectively conduct postmarket surveillance vital leadership that is needed at the FDA. And it is what the American people de- to assure the safety and effectiveness of ap- Moreover, his diverse background as a physi- proved products is an issue that needs strong serve. cian, educator and advocate will be a tre- leadership from the top. The continuing mendous asset to the Agency and to the Na- The PRESIDING OFFICER. The Sen- challenges of food safety and preparation for tion, for he can view the Agency’s mission ator from Wyoming. a pandemic or bioterrorist attack need a from many different perspectives and help to Mr. ENZI. Mr. President, I thank the strong FDA voice. foster the collaboration that is so important Senator from Utah for his delightful Omeris members, Ohio’s bioscience compa- to advancing medical science and quality comments. He speaks so clearly and ex- nies, help revitalize our state’s economy health care. plains things so well. I know of his con- while developing critical tools, treatments, The ALS Association is pleased to offer our and technologies that benefit the world. tacts with Dr. Von Eschenbach. I hope strong support for this nomination and again Omeris is a focal point for the bioscience and urge the Committee and the Senate to sup- people will follow his advice and vote biotechnology community, providing net- port Dr. von Eschenbach as the next Com- for cloture. working and educational events, continually missioner of the Food and Drug Administra- Dr. Von Eschenbach’s qualifications developing web-based resources, addressing tion. are excellent. He is supported by many public policy, and analyzing resource and Sincerely, organizations. We had received a num- funding issues. STEVE GIBSON, ber of letters in support of his nomina- We respectfully urge you to support Dr. Vice President, tion prior to his confirmation hearing. von Eschenbach’s prompt confirmation. Government Relations and Public Affairs. Thank you for considering this request. Those were duly entered in the hearing Sincerely, record. However, since then we have re- CANCER CURE COALITION, ANTHONY J. DENNIS, Palm Beach Gardens, FL, August 25, 2006. ceived additional letters of support. President & CEO. Senator MICHAEL B. ENZI, I ask unanimous consent that those Chairman, U.S. Senate Committee on Health, letters be printed in the RECORD. NEW YORK STATE Education, Labor and Pensions, Wash- There being no objection, the mate- CANCER PROGRAMS ASSOCIATION, INC., ington, DC. rial was ordered to be printed in the Buffalo, NY, August 3, 2006. DEAR SENATOR ENZI: The Cancer Cure Coa- To: Senate Health, Education, Labor and RECORD, as follows: lition is supporting the nomination of Dr. Pensions Committee. Andrew VonEschenbach as commissioner of OMERIS, From: Dr. Edwin A. Mirand, Secretary- the U.S. Food and Drug Administration and Columbus, OH, August 2, 2006. Treasurer, NYSCPA. we have today issued a press release an- Hon. MICHAEL B. ENZI, Subject: Nomination of Dr. Andrew von nouncing our support. Attached is a letter Chairman, Committee on Health, Education, Eschenbach as Permanent Commissioner from the coalition to Dr. VonEschenbach Labor and Pensions, Dirksen Senate Office of Food and Drug Administration. which gives the reasons for our support. Building, Washington, DC. The New York State Cancer Program Asso- The Cancer Cure Coalition supports Hon. EDWARD M. KENNEDY, ciation, Inc. supports the nomination by changes at the FDA which will improve Ranking Member, Committee on Health, Edu- President Bush as permanent Commissioner its operation. We believe the appointment cation, Labor and Pensions, Russell Senate of Food and Drug Administration (FDA) Dr. of Dr. VonEschenbach will lead to that Office Building, Washington, DC. Andrew von Eschenbach. result. If it would help your committee in DEAR CHAIRMAN ENZI: On behalf of Omeris, Dr. von Eschenbach’s experience as a re- its decision on Dr. VonEschenbach’s appoint- Ohio’s bioscience membership and develop- searcher and physician will provide the FDA ment I would be pleased to appear before ment organization, and our member compa- with a better focus to confront the chal- the committee to testify. My bio appears nies, I am writing in support of the nomina- lenges and new opportunities facing the on the Cancer Cure Coalition’s website

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.030 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11411 www.cancercurecoalition.org and I am at- The yeas and nays are mandatory I do want to mention the staff person taching a copy of it for you to review. under the rule. who has directed my health issues. Ste- If you need any further information please The clerk will call the roll. phen Northrup is on the floor, and I feel free to contact me. The assistant legislative clerk called Sincerely, thank him particularly for all of the the roll. work on all of the health issues we CHARLES A. REINWALD, Mr. McCONNELL. The following Sen- President. have had. Anybody who has looked at ators were necessarily absent: the Sen- Mr. ENZI. Those letters are from the list of those we have done will find ator from Utah (Mr. HATCH) and the Omeris, Ohio’s bioscience membership it has been a very productive session in Senator from Alabama (Mr. SHELBY). the health area, and we are still work- and development organization; the New Mr. DURBIN. I announce that the York State Cancer Association; the ing on another half dozen issues that Senator from Delaware (Mr. BIDEN), could pass yet in this session before the ALS Association; the Cancer Cure Coa- the Senator from Vermont (Mr. JEF- lition, and there are others. These week ends. So I thank Stephen for all FORDS), and the Senator from Massa- of his tremendous help. I ask that peo- groups recognize the absolute necessity chusetts (Mr. KENNEDY) are necessarily of having a Senate-confirmed Commis- ple support the nomination of Dr. Von absent. Eschenbach. sioner of Food and Drugs. I understand I further announce that, if present some of my colleagues are not satis- Mr. President, I yield the floor. and voting, the Senator from Massa- The PRESIDING OFFICER. The Sen- fied. They seek to use this nomination chusetts (Mr. KENNEDY) would vote ator from Iowa is recognized. as leverage to accomplish some other ‘‘yea.’’ Mr. GRASSLEY. Mr. President, I agendas. That is something you can do The PRESIDING OFFICER (Mr. EN- spoke earlier this morning against clo- in the Senate. However, I urge them to SIGN). Are there any other Senators in ture. Cloture passed, which for the pub- consider the consequences of those ac- the Chamber desiring to vote? lic listening means there are 60 percent tions. In the upcoming year we face an The yeas and nays resulted—yeas 89, or more in support of stopping debate, exceptionally full agenda with respect nays 6, as follows: and there is under the rules the possi- to the FDA. We need this man in place. [Rollcall Vote No. 273 Ex.] bility of 30 hours of debate. I don’t in- This man could work anywhere in YEAS—89 tend to probably speak for more than a America, probably anywhere in the Akaka Dole McCain half hour, so if anybody is interested in world, and do much better than what Alexander Domenici McConnell how long postcloture debate might go Allard Dorgan Menendez we are offering. on, it won’t go on very long from my I appreciate his sense of wanting to Allen Durbin Mikulski Bayh Ensign point of view. But I do want to take give back. He is a three-time cancer Murkowski Bennett Enzi Murray some time to tell people, even though survivor and understands a lot about Bingaman Feingold Nelson (FL) it is quite obvious this nominee will be food and drugs outside of being a doc- Bond Feinstein Nelson (NE) Boxer Frist approved, why I think he should not be tor. Obama Brownback Graham Pryor approved. I ask my colleagues to join me in get- Bunning Gregg Reed I placed a hold on this nominee for Burns Hagel ting cloture so that we can get the con- Reid Burr Harkin quite a few weeks. That hold obviously firmation accomplished. Roberts Byrd Hutchison was ignored by the leader when he filed I yield back the remainder of our Rockefeller Cantwell Inhofe cloture, which is his right to do. I time. Salazar Carper Inouye voted against cloture because I take The PRESIDING OFFICER. Who Chafee Isakson Sarbanes Schumer seeks time? Chambliss Johnson my constitutional duty to conduct Clinton Kerry Sessions oversight of the executive branch of Mr. ENZI. It is my understanding Smith Coburn Kohl Government very seriously, and I think that the previous speakers did yield Cochran Kyl Snowe their time back. So all time is yielded Coleman Landrieu Specter the nominee is standing in the way of back. Collins Lautenberg Stabenow Congress doing its oversight of the Conrad Leahy Stevens agency of which he is now Acting Di- CLOTURE MOTION Sununu Cornyn Levin rector and will probably soon be the The PRESIDING OFFICER. If all Craig Lieberman Talent time is yielded back, under the pre- Crapo Lincoln Thomas confirmed Director. That sort of lack Dayton Lott Thune vious order, pursuant to rule XXII, the of cooperation violates the separation DeMint Lugar Warner of powers and the checks and balances clerk will report the motion to invoke Dodd Martinez Wyden cloture. within our constitutional system. NAYS—6 I hope my colleagues know that I The assistant legislative clerk read Baucus Grassley Vitter take a great deal of time to make sure as follows: DeWine Santorum Voinovich that we do both jobs we have the re- CLOTURE MOTION NOT VOTING—5 sponsibility to do here in the Congress. We the undersigned Senators, in accord- One is to pass laws. But the one we are ance with the provisions of rule XXII of the Biden Jeffords Shelby Hatch Kennedy Standing Rules of the Senate, do hereby never taught much about in political move to bring to a close debate on Executive The PRESIDING OFFICER. On this science classes is the constitutional job Calendar No. 907, the nomination of Andrew vote, the yeas are 89, the nays are 6. of oversight, which is the responsi- von Eschenbach, of Texas, to be Commis- Three-fifths of the Senators duly cho- bility to make sure the laws are faith- sioner of Food and Drugs, Department of sen and sworn having voted in the af- fully executed and money is being Health and Human Services. firmative, the motion is agreed to. spent according to congressional in- William H. Frist, Michael B. Enzi, Rich- Mr. ENZI. Mr. President, I thank the tent, and the overseeing of the admin- ard Burr, Thad Cochran, George V. Chamber for allowing us to do the clo- istrative branch of Government. So I Voinovich, Robert F. Bennett, Tom Coburn, Norm Coleman, Conrad R. ture vote. With the strong support take a great deal of my time in the Burns, Jon Kyl, Pat Roberts, Mel Mar- shown by the cloture vote, I would Senate trying to make Government tinez, John Ensign, Lamar Alexander, highly recommend that we get this work not just by passing laws but by Elizabeth Dole, Christopher Bond, John man confirmed so he can actually have making sure they are faithfully exe- Cornyn. the opportunity to do the kinds of cuted. I don’t do that all by myself as The PRESIDING OFFICER. By unan- things that have been expected of him a single Senator. I have good staff. I imous consent, the mandatory quorum in the debate we have had. I also thank charge my staff to conduct oversight call has been waived. Senator KENNEDY for his tremendous rigorously and to investigate any areas The question is, Is it the sense of the help. We have had a number of meet- where the Federal Government is fail- Senate that debate on Executive Cal- ings, a number of hearings. This is the ing to be transparent, accountable, and endar No. 907, the nomination of an An- second confirmation of an FDA Direc- effective. Transparency is so impor- drew von Eschenbach, of Texas, to be tor we have worked on. It will be nice tant, because the public’s business, Commissioner of Food and Drugs, De- to have somebody actually in the posi- which is everything about the Federal partment of Health and Human Serv- tion, but I do thank Senator KENNEDY Government, ought to be public. If the ices, shall be brought to a close? and all of his staff. work of the executive branch fails the

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.005 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11412 CONGRESSIONAL RECORD — SENATE December 7, 2006 sniff test and the law is not being ever a hint from the nominee himself lations and how they look to the pub- faithfully executed or the public’s busi- that once approved, he would be able to lic-at-large than what their job is. ness is not being made public, that is give us all of these documents. I use That is when they end up getting egg when it is my constitutional responsi- this chart as an example: You get an on their face, when they are more con- bility to blow the whistle. answer to a request and you get 57 cerned about their public relations Quite frankly, I don’t want to take pages removed. Another chart I had up than just doing the job. In most in- credit for what I am able to blow the here showed 43 pages were removed. stances, if these agencies do what they whistle on, because there are a lot of And what is in those pages? Who knows are supposed to do, things get done and good, patriotic employees in the execu- what is in them. We don’t even know get done effectively, and then the pub- tive branch of Government who also why they were removed, and we don’t lic relations takes care of itself. Good know it is their constitutional respon- know who made the decision to remove policy, good administering of law, is sibility to execute the laws and spend them. good public relations. It will take care the money right. When they see it isn’t That is cooperation with Congress? of itself. happening, and particularly when they Not once, I say to Senator ENZI, did he I met with this nominee after the go up the chain of command and don’t ever tell me or my staff or people who White House sent his nomination to get results, or when taxpayers monies are working for him that if we could the Senate last March. I hoped he are being wasted and it seems nobody get this confirmation over, we will be would provide the kind of strong, per- cares, then they exercise the right they able to satisfy what you want done. So manent leadership this agency needs to have under laws to blow the whistle to I don’t see anything better, with a vote change its culture, where scientists are Members of Congress. of approval by the Senate, of coopera- intimidated from doing their work. So we obviously count on whistle- tion with us than before. Over the next 9 months, this nominee blowers—in other words, patriotic Fed- But he wasn’t well-served by those showed me that he is unlikely to pro- eral employees—who report something who counseled him. He should know vide that kind of leadership. My belief wrong when people above them don’t that during my years in the Senate, is what you see is what you get. I fear care. They care enough to come to us my investigators have obtained access what we will get from this nominee is and give us a lot of good information. to every single one of these categories what we got from him where he is now So today I am blowing the whistle on of so-called confidential information. as the Acting Commissioner. Let me this nominee. In good conscience, I did His answer is at odds with my belief tell you why, with just a few examples. put a hold on the nominee, and I will that congressional oversight is one of First, the doctor failed to live up to not vote in favor of him for the reasons the best ways to shake things up at a his word. In our meeting, he said he re- I have given before and reasons that government agency and expose the spected and understood the important will be more spelled out now. A vote truth. The truth will make Govern- role Congress plays as an equal branch for this nominee would be an endorsement look better, or if the truth of Government. But it didn’t take long ment of the stonewalling, but, more doesn’t make Government look better, after that meeting before the first red importantly, the disrespect for Con- at least you are being candid with the flags appeared. gress he has shown by not cooperating American people. Besides, it is the In April, the committee began its in- with congressional oversight. I can say public’s business, and whether it is vestigation of the Food and Drug this not only because of his actions but good news or bad news, it ought to be Administrations’s approval and because of his words which are on the public. postmarket surveillance of the Ketek record. Dr. Von Eschenbach’s answers hap- drug, an antibiotic that came under re- In response to a nomination question pen to be at odds with my belief that newed scrutiny last January. It looks in which I asked this nominee if he congressional oversight is one of the as though it is another drug where the would cooperate with congressional best ways to get to the bottom of FDA was caught flatfooted. The Fi- oversight, Dr. Von Eschenbach identi- things. This is true not just of the nance Committee issued two subpoenas fied a number of ‘‘executive branch in- FDA; it is true of any Government in May after the FDA refused to pro- terests’’ as a basis for not complying agency. If an agency is not doing the vide documents related to Ketek. I re- with congressional requests, including right thing, typically behind it there is ferred to a family in Cedar Rapids, IA, ‘‘matters pending before the agency.’’ an effort to keep information sup- who lost an 18-year-old son. And ‘‘predecisional deliberative process pressed, an effort to keep people from During this time, the Food and Drug information,’’ and ‘‘open investigation doing what they think ought to be Administration also refused access to information.’’ You get this sort of done, an effort to keep people from Food and Drug Administration offi- gobbledegook as excuses for not giving doing what their job requires them to cials. The Finance Committee was information to Congress as they prom- do, or to not let them put out that in- forced to issue a subpoena to a special ised to do but, outside of that, that the formation. The muzzling of dissent and agent in the FDA’s Office of Criminal Constitution requires they do; that is if information is too common throughout Investigation. The FDA refused to you believe in the checks and balances our Government. Things that should be allow my staff to speak to this Federal of our Government and if you believe it transparent in Government simply are employee, citing a policy against pro- is backed up by Supreme Court deci- not. And under Dr. Von Eschenbach, viding access to line agents. Yet, only sions. It seems to me it has a good the FDA has not only avoided trans- months before, just a few weeks before basis. parency, it also has threatened those that, my staff interviewed two line This nominee was not well-served by who are trying to desperately expose agents from the Food and Drug Admin- whoever counseled him on these mat- the truth. istration on another case. What rule ters. He should know that during my That is not just under Dr. Von was in place when I interviewed them, years in the Senate, my investigators Eschenbach. For years before him, but a few weeks later you couldn’t have obtained access to every single there has been intense pressure interview another? Apparently, the one of these categories of so-called con- brought to bear upon scientists who policy was abruptly changed. I have fidential information. I would say to want to do the scientific process. I say seen it change over the years with the distinguished chairman of the ‘‘do the scientific process’’ because the other investigations. This policy is not HELP Committee who is watching over scientific process answers itself or law, and it is typically enforced when this nomination process—confirmation gives the answer. That is what we the stakes are at their highest and process—he said to me before the vote want: answers on safety and efficacy of there is something to hide. on cloture it would help if we got Dr. drugs. I took this matter seriously enough Von Eschenbach approved because now There is a culture there—even prior that I went to the Department of he is an acting and maybe he can’t do to Dr. Von Eschenbach, for any serious Health and Human Services to meet all the things that he can do as Direc- Director who wants to change it—that with this agent. I was told that if this tor, and that may be true. But not once is going to make it very difficult to agent wanted to speak to me, he would in my discussions or my staffs’ discus- change because you have an agency have to assert his status as a whistle- sions with people at FDA was there that is more interested in its public re- blower under Federal law. I ask today

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.011 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11413 what I asked that day: Why does this Again, two copies of the same docu- Leaders of an agency should not hold Government employee have to become ment were redacted differently. Think a meeting to suggest that dissenters a whistleblower to talk to me or any- of this. They want to keep us from get- will be kicked off the team, particu- body else in Congress if the public’s ting information. They send us two larly when the lives of American peo- business is really public? copies. One copy has one sentence re- ple are at stake, when drugs are going So I have to ask my colleagues, is dacted, and the other copy doesn’t re- to be put on the line and they might that acceptable? When you are doing dact that sentence but redacts another not be safe. I can refer to the death of your constitutional responsibility of sentence. So we got the whole docu- an 18-year-old in Cedar Rapids, IA. His oversight, is it acceptable to the rest of ment but presumably a basis for things is the type of action that shows the you in the Senate that they thumb we were not supposed to know but now true stripes of the nominee. He broke their noses? we know. Do you think this guy with a his word that he respected whistle- Also, this Government employee’s su- medical degree, with this sort of back- blowers—that is what he told me; quite pervisors put him in a no-win situa- ground, is going to go in and change obviously he doesn’t respect whistle- tion, and because of that he risked that culture even if there was nothing blowers—and that he would never raise being in contempt of Congress. This is wrong with him? Even if he cooperated even the appearances of retaliation. If an agent who put a doctor in jail for with me? So it calls into question the this meeting isn’t an example of retal- fraud in the Ketek study. good-faith basis for redaction at all. iation, I don’t know what it is. When it You understand, I said this started I could go on and on with examples comes to health care and public safety, back in January with Ketek and our showing the stonewalling and the with- we need to empower whistleblowers getting involved in the oversight. holding of information from legitimate more than ever. They demonstrate ex- There was fraud in this Ketek study. congressional requests, pursuing our traordinary courage in the face of ex- Did the agent do the right thing? It is constitutional responsibility of over- traordinary adversity. It is extremely a closed case. We want to talk to him sight. What it boils down to is that this difficult to be a whistleblower. As I about the closed case, and the Food nominee has demonstrated he does not like to say, they are about as welcome and Drug Administration says no. So I understand that Government truly is as a skunk at a picnic. Yet it is whis- have to ask, what does the FDA have the people’s business. He doesn’t seem tleblowers in Government who put to hide or cover up? to understand that the people who fi- their job security on the line to come There are enough instances of polit- nance it, the taxpayers, have a right to forward and expose fraud or wrong- ical leaders and public servants being know what their Government is doing doing for the public good. My Finance ruined by coverup. Can’t lessons be and how their money is being spent. Committee staff has been investigating learned, that when, in this town, two I will give one final example. I have serious allegations raised by whistle- people know something about it, it is been a longtime champion of whistleblowers at the FDA on various issues no longer a secret? blowers. I was the lead Senate sponsor over a period of 3 years. Many of these Under this Acting Commissioner, the of the 1986 whistleblower amendments allegations are very serious and call Food and Drug Administration has also to the False Claims Act. Back then, we into question whether the Food and attempted to hide and cover up docu- were interested in dismantling a too- Drug Administration is fulfilling its ments. The Finance Committee has re- cozy relationship between defense con- mission to protect the health and safe- ceived hundreds of pages that say, as I tractors and the Pentagon. Today, ty of Americans. The way the Food and indicate here, ‘‘57 pages removed.’’ whistleblowers are once again the key Drug Administration under this nomi- There is another poster behind it that to dismantling the cozy relationship nee has handled the investigation of looks exactly the same: ‘‘43 pages re- between some drug companies and the Ketek shows the agency would like to moved.’’ Other documents have whole Food and Drug Administration. keep its business secret. It doesn’t pages, paragraphs, or sentences re- In June, Dr. Von Eschenbach held a want these issues made public or sub- dacted, with no explanation as to why. meeting of FDA staff involving this jected to scrutiny. The culture at the Sometimes documents are marked ‘‘re- drug I have been investigating, ques- FDA has been we will let the public dacted.’’ Other times they are not tioning how it was handled—Ketek. know what we think they need to marked, even when it is evident that FDA employees who were present say know. information is missing. There is no ex- that he used a lot of sports metaphors The American people do not want the planation for what documents have regarding being a ‘‘team player’’ and government making decisions about been withheld or redacted. It is incom- keeping opinions ‘‘inside the locker what is good for them behind closed prehensible, and it looks like the work room.’’ Basically, he said to not criti- doors. of the Keystone Cops rather than an cize the FDA outside the locker room, The goal of the Finance Committee’s agency responsible to the American ‘‘outside the locker room’’ being his oversight has been straightforward. As public for the safety of drugs and de- words. Apparently he stated that any- chairman, I wanted to bring out in the vices and the efficacy of drugs and de- one who spoke outside the locker room open the decisions made by the FDA. vices. might find themselves ‘‘off the team.’’ For too long the agency has been mak- One of the Food and Drug Adminis- How are you going to do your job of ing its decisions behind closed doors. tration’s most incompetent and absurd congressional oversight if you have This nominee is not likely to serve moments was when it sent one of my somebody you are getting confirmed well because he just does not seem to own request letters back to me with in- who says that if you want to talk to get it. He has placed media relations formation redacted out of it. Let’s get anybody, they better not talk to you, over the mission of the FDA. First and this clear. You folks are defending a at least not talk off note, because they foremost, he is supposed to do the right person who is running an agency from are no longer on the team? Just think thing on behalf of Americans. Dr. Von which I asked for information and they of the intimidation that brings Eschenbach has other interests to redacted the letter I sent to them. The throughout the Federal bureaucracy. serve and they are not always the in- letter I wrote came back as part of the This nominee held this meeting in terests of John Q. Public. information. Does that meet the com- the midst of this ongoing congressional I hear from time to time from other monsense test? Does that meet the test investigation of this drug Ketek. He agencies that particular documents are of competency? called the meeting after a number of especially sensitive or that the release Recently, I wrote Secretary Leavitt critical reports in the media about the of certain documents could jeopardize and Attorney General Gonzales to ex- FDA’s handling of Ketek. A number of a criminal investigation—I understand plain the basis for some of these FDA employees interviewed by the that. But in those circumstances, I redactions. I don’t know whether you committee were offended by his com- have reached accommodations. Unfor- call a blank page a redaction because ments, found them highly question- tunately, in this case, my efforts to you don’t know what has been there to able, inappropriate, and potentially work with Dr. Von Eschenbach and his redact, but obviously there is no infor- threatening. I don’t think there was subordinates have been all but sum- mation on a blank page unless it is any ‘‘potential’’ about it, they were marily dismissed. about the competency of the people meant to be threatening, and I agree As I am sure you know, I intend to who work within the agency. with the employees. keep pressing the FDA for greater

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.013 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11414 CONGRESSIONAL RECORD — SENATE December 7, 2006 transparency and openness. I think joining this elite team and nearly cially in those areas that require con- there is going to be new leadership in broke the yearly record of 283 when he centrated hand labor, whether it was the Congress which is going to be even made 270 arrests in 2005. Officer Jordan Florida, California, and the great San more aggressive and has a history of was honored in 2004 by the Mothers Joaquin Valley of California, whether being more aggressive in this area. I Against Drunk Drivers for his dedica- it was my State of Idaho that began to have been welcoming and I continue to tion to enforcing DUI laws. see labor shortages in a variety of welcome that sort of help. Officer Kenneth Jordan was a brother areas, whether it was Washington or As I continue with my constitutional and a son. He is survived by his sister, Oregon, where many of the fresh fruits duties to conduct oversight, I look for- his loving parents and his girlfriend. and vegetable crops simply did not get ward to working with my colleagues to Kenneth was well liked by his peers picked and apples rotted on the trees, ensure transparency, accountability, and others with whom he came in con- whether it was in Kentucky, Illinois, and effective governance by the execu- tact. He was always willing to lend a Colorado or Michigan, it became so ob- tive branch. The bottom line is Con- hand to friend or a stranger alike. vious this Congress, in its effort to pass gress needs to stay committed to over- The city of Colorado Springs has lost comprehensive immigration reform, sight of the executive branch. The pub- a valuable member of its community, simply failed to do so. America grew lic depends on Congress to fulfill its and we are all forever grateful for Offi- angry about it, grew angry about the duty and hold executive agency leader- cer Kenneth Jordan’s service and dedi- number of illegals in our country and ship accountable. To sum up, that is cation to the safety and well-being of the fact this Congress did little or what congressional oversight is all others. His service to the city of Colo- nothing about it. about. rado Springs is highly commendable, A great deal is going on. One of the I yield the floor. and his contributions will be remem- reasons the labor shortages began to The PRESIDING OFFICER. The Sen- bered. appear is because this Congress in- ator from Colorado. I extend my deepest sympathy to the sisted, and the administration agreed, Mr. ALLARD. Mr. President, I ask family of Officer Kenneth Jordan. May we put money behind the securing and unanimous consent to speak as if in his bravery and unwavering sense of the closing of our southwest border morning business. duty serve as a role model for the fu- where literally a million-plus people The PRESIDING OFFICER. Without ture generation of law officers. Thank were moving across annually into our objection, the Senator is recognized. you for your service, Officer Jordan. labor market. TRIBUTE TO KENNETH JORDAN Rest in peace, Sir. We viewed that as untenable and ir- Mr. ALLARD. Mr. President, I rise I yield the floor. responsible for a great nation to fail to today to honor the service and sacrifice I suggest the absence of a quorum. control and secure its borders. We are of Colorado Springs police officer Ken- The PRESIDING OFFICER. The doing that now. We are continuing to neth Jordan. clerk will call the roll. invest and will continue to invest in a My wife Joan and I were deeply sad- The legislative clerk proceeded to secured border environment. But in dened to hear of the senseless death of call the roll. doing that, and failing to couple with a Officer Kenneth Jordan while in the Mr. CRAIG. Mr. President, I ask more secure border a comprehensive line of duty this past Tuesday in Colo- unanimous consent that the order for immigration reform package that al- rado Springs, CO, during a traffic stop. the quorum call be dispensed with. lows a real, honest, legal, fair guest It takes a person of great courage to The PRESIDING OFFICER. Without worker program, American agriculture become an officer of the law. It takes a objection, it is so ordered. now hurts as they have never hurt be- strong, hardworking, and considerate ORDER OF PROCEDURE fore. individual. It takes a special someone Mr. CRAIG. Mr. President, I ask On December 4, all of my colleagues who is willing to pay the ultimate unanimous consent that myself, the received a letter that in itself was al- price in protecting the safety of others. Senator from Idaho, and the Senator most unprecedented, a letter from over Officer Kenneth Jordan was just this from California, Senator FEINSTEIN, be 400 agricultural groups around the person. Unfortunately, Officer Kenneth allowed to speak as if in morning busi- country—not just agricultural groups Jordan paid the ultimate price. ness for the next 30 minutes. but nursery groups, warehouse groups, Officer Kenneth Jordan was the 12th The PRESIDING OFFICER. Is there storage groups, all of them generally Colorado Springs police officer to be objection? agriculture related. killed in the line of duty. According to Without objection, it is so ordered. I ask unanimous consent to have the National Law Enforcement Officers LABOR SHORTAGE that printed in the RECORD. Memorial Fund, more than 17,500 offi- Mr. CRAIG. Mr. President, the Sen- There being no objection, the mate- cers have been killed nationwide since ator from California, Senator FEIN- rial was ordered to be printed in the 1792, including 231 in Colorado. STEIN, will be here in a few moments to RECORD, as follows: The shock to the city of Colorado join me in what we believe is an impor- DECEMBER 4, 2006. Springs this week at his death is espe- tant message, to continue to speak not Hon. LARRY CRAIG, cially harsh—Kenneth Jordan was the only to our colleagues here in the Sen- U.S. Senate, second Colorado Springs officer to be ate but to America as a whole. It is a Washington, DC. killed this year. Officer Jared Jensen speech not unlike the one we gave be- DEAR SENATOR CRAIG: The organizations on the attached list urge you to support passage made the ultimate sacrifice last Feb- fore we recessed for the break before of a comprehensive agricultural worker pro- ruary. The memorial service for officer the election, when it was becoming in- gram this year! Kenneth Jordan held at 1 p.m. Monday creasingly obvious that America was You’ve read the headlines. Food grown for at New Life Church will be a grim re- finding itself in a major labor shortage, American tables has rotted in American peat of the day 10 months ago when Of- primarily in agriculture and some of fields this year. The cause? In this case it’s ficer Jensen was laid to rest. Before Of- the service industries. In fact, while I not the weather. It’s something the Congress ficer Jensen Colorado Springs police was home during this recess period of can address—labor. We need agricultural had not held a funeral for one of their time, the shortage of orange juice in worker reform before the end of the 109th Congress. own in 24 years. the U.S. market made national news as The facts are clear: on many American A Chicago native at 32 years of age, the price went up substantially. farms, immigrant labor plants, tends and Kenneth Jordan joined the Colorado A shortage of orange juice today in picks the fruits, vegetables, and other crops. Springs Police Department in January the American market is because nearly Immigrant workers tend the livestock—feed- 2000 and was known for his unwavering a million cases of oranges rotted on the ing the chickens, turkeys, horses, sheep, professionalism and strong work ethic. trees of Florida this fall, late summer, hogs and cattle and milking the cows. Immi- In February 2004, Officer Kenneth Jor- because there were not hands to pick grant workers also produce, install, and maintain the plants that make our homes, dan became a DUI officer, whose pas- them, put them in the crates, and move towns, and cities livable. sion was getting drunk drivers off the them to the processing sheds. That be- The current agricultural temporary work- road. According to his colleagues, Offi- came painfully obvious across America er program—known as H2A is flawed and cer Jordan made 584 DUI arrests since as the harvest season went on, espe- needs reform. There is no area of the country

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.015 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11415 where H2A workers make up more than 10 Farm Credit Associations; Northern Mitch Bagdasarian, Grape and Tree percent of the necessary farm workforce. In Plains Potato Growers Association; Fruit Grower (CA); Anthony Balakian, most areas, it’s far less than that. Nation- Northwest Farm Credit Services; Fruit Patch, Inc. (CA); Stephen J. Bar- ally, only two percent of farm workers are Northwest Horticultural Council; Nurs- nard, Mission Produce, Inc. (CA); provided by the unresponsive and litigation- ery & Landscape Association Execu- Charanjit Batth, Raisin & Almond plagued H2A program. American agriculture tives of North America; OFA—An Asso- Grower (CA). needs a reformed H2A program that is time- ciation of Floriculture Professionals; Doug Benik, Grape Grower (CA); Bobby ly, effective and streamlined, and a transi- Pacific Northwest Christmas Tree As- Bianco, Anthony Vineyards, Inc. (CA); tion approach that allows for retaining the sociation; Perennial Plant Association; Pete Binz, Raisin Grower (CA); Stephen experienced workforce while capacity is Produce Marketing Association. Biswell, Mt. Campbell Development built on the farm and at the border to sup- Society of American Florists; South East (CA); Bill Boos, Grape, Tree Fruit and port wider use of a program like reformed Dairy Farmers Association; Southern Citrus Grower (CA); Nicholas Bozick, H2A. Christmas Tree Association; Southern R. Bagdasarian, Inc. (CA); Wayne Language that seeks to address the chal- Nursery Association (AL, DE, FL, GA, Brandt, Brandt Farms, Inc. (CA); Rod lenges specific to agriculture was included in KY, LA, MD, MI, MO, OK, NC, SC, TN, Burkett, Olive Grower (CA); Tony the bill passed with a bipartisan majority in TX, VA, WV); Turfgrass Producers Campos, Diversified Grower (CA); the Senate. Many House members of both International; United Agribusiness Anton Caratan, Anton Caratan & Sons parties have acknowledged the need to ad- League; United Egg Producers; United (CA); Chris Caratan, M. Caratan, Inc. dress immigration reform for agriculture. Fresh Produce Association; U.S. Apple (CA); Blake Carlson, Tree Fruit and Polls show the American people overwhelm- Association; Western Growers; Western Grape Grower (CA); Kirk Cerniglia, ingly favor a common-sense approach to im- Plant Health Association; Western Royal Madera Vineyards (CA); Bill migration reform including sensible foreign United Dairymen; Wholesale Nursery Chandler, Grape & Almond Grower worker programs and earned legal status Growers of America; WineAmerica; (CA); Micheal Conroy, Conroy Farms, subject to strict conditions for workers cur- Wine Institute; Alabama Nursery & Inc. (CA); Allan Corrin, Corrin Farming rently in the country. Landscape Association; Alabama Wa- (CA); Stanley Cosart, W.F. Cosart Another fact we must point out, at this termelon Association; Arizona Nursery Packing Co. (CA); Verne Crookshanks, late date in the year, is that agriculture Association; Pasquinelli Produce Co., Venida Packing, Inc. (CA); Anthony issues are rarely partisan issues. While they Yuma, AZ; Arkansas Green Industry Cubre, Sr., Grape Grower (CA); Frank are sometimes regional, in this case every Association. Dalena, Poultry and Vegetable Grower area of the country is affected by agricul- Allied Grape Growers (CA); Brand Flow- (CA). tural labor shortages and support for a com- ers Inc, Wilja Happe, Owner (CA); Cali- Jerry Dibuduo, Ballantine Produce Co., mon-sense solution comes from every region fornia-Arizona Watermelon Associa- Inc. (CA); Maurice Dibuduo, Grape of the country as well. tion; California Association; of Nurs- Grower (CA); Nat Dibuduo, Jr., Allied Reports in the media have told the story eries and Garden Centers; California Grape Growers (CA); John Diepersloot, this harvest season: not enough workers to Association of Wheat Growers; Cali- Tree Fruit Grower (CA); Tony pick the apples in New York and Washington fornia Association of Winegrape Grow- Domingos, Grape Grower (CA); Edge or the cherries in Oregon and Michigan or ers; California Avocado Commission; Dostal, Chiquita Fresh North America the oranges in Florida. One major daily California Bean Shippers Association; (CA); Dan Dreyer, Olive Grower (CA); newspaper showed on its front page a mas- California Canning Peach Association; Russel Efird, Diversified Grower (CA); sive pile of pears on the ground in Cali- California Citrus Mutual; California Richard Elliot, David J. Elliot & Sons fornia—rejected by the packing house be- Cotton Ginners & Growers Associa- (CA); Ken Enns, Enns Packing Co., Inc. cause they were picked too late due to labor tions; California Dairies, Inc.; Cali- (CA); Dan Errotabere, Diversified shortage. Worker shortages have been re- fornia Egg Industry Association; Cali- Grower (CA); Tony Fazio, Tri-Boro ported from coast to coast, from border to fornia Farm Bureau Federation; Cali- Fruit Co., Inc. (CA); Steve Ficklin, border. fornia Fig Advisory Board; California Grape Grower (CA); Ron Frauenheim, It is time for the Congress to act. After a Floral Council; California Grain and Frauenheim Farms (CA); George decade of debate and with worker shortages Feed Association; California Grape and Fujihara, Raisin Grower (CA); Fred now a reality, American agriculture needs Tree Fruit League; California League Garza, Farm Labor Contractor (CA); your help. of Food Processors; California Pear Micky George, George Bros., Inc. (CA); The sheer number and geographic represen- Growers Association. Dan Gerawan, Gerawan Farming, Inc. tation of the organizations on the attached California Seed Association; California (CA); Randy Giumarra, Guimarra Vine- list show the widespread and urgent need for State Floral Association; California yards Corporation (CA); Jim Hamilton, solving this problem. We urge you to support Strawberry Nurserymen’s Association; Nut Grower and Processor (CA). enactment of a comprehensive agricultural California Warehouse Association; John Harris, Feed Lot, Diversified Farm- worker program, this year! California Women for Agriculture; ing (CA); Mak Hase, Tree Fruit Grower Sincerely, Carol and Bill Chandler, Chandler (CA); Steve Hash, Steve Hash Farms Agriculture Coalition for Immigration Farms, LP (CA); Colab Imperial County (CA); Doug Hemly, Greene and Hemly, Reform; Agri-Mark, Inc.; Agri-Place- (CA); Family Winemakers of Cali- Inc. (CA); Phil Herbig, Enns Packing ment Services, Inc.; American Agri- fornia; Fresno County Farm Bureau Co., Inc. (CA); Leland Herman, Raisin Women; American Farm Bureau Fed- (CA); Grower-Shipper Association of Grower (CA); Phil Herman, Grape eration; American Farmland Trust; Central California; Imperial County Grower (CA); David Hoff, Raisin Grow- American Frozen Food Institute; Farm Bureau (CA); Imperial Valley er (CA); Allen Huebert, Grape and Tree American Horse Council; American Vegetable Growers Association (CA); Fruit Grower (CA); Tim Huebert, Tree Mushroom Institute; American Nurs- Kern County Farm Bureau (CA); Kings Fruit Grower (CA); Robert Ikemiya, Ito ery & Landscape Association; Amer- County Farm Bureau (CA); Lake Coun- Packing Company, Inc. (CA); Daniel ican Sheep Industry Association (ASI); ty Farm Bureau (CA); Lassen County Jackson, Tree Fruit Grower and Pack- The Council of Northeast Farmer Co- Nursery (CA); Madera County Farm er (CA); David Jackson, David Jackson operatives; Dairylea Cooperative Inc.; Bureau (CA); Merced County Farm Bu- Farms (CA); George Jackson, Tree Dairy Farmers of America; Farwest reau (CA); Monterey County Farm Bu- Fruit Grower (CA); Mike Jensen, Equipment Dealers Association; Fed- reau (CA); Napa County Farm Bureau Grape, Tree Fruit Grower and Packer eration of Employers and Workers of (CA). (CA); David Johnson, Citrus Grower America; Irrigation Association; Land- Olive Grower Council of California; Or- (CA); Steve Johnson, Johnson Or- scape Contractors Association; Na- ange County Farm Bureau (CA); Pa- chards, Inc. (CA); Brian Jones, Sun tional Association of State Depart- cific Coast Producers; Pacific Egg and Valley Packing (CA); Herb Kaprielian, ments of Agriculture; National Christ- Poultry Association (CA); Raisin Bar- KCC Holding LLC (CA); Alan mas Tree Association. gaining Association (CA); San Diego Kasparian, Grape Grower (CA). National Council of Agricultural Em- County Farm Bureau (CA); San Diego Aubrey Cairns, Kaweah Lemon Company ployers; National Council of Farmer County Flower & Plant Association; (CA); Pat Kurihara, Citrus, Tree Fruit Cooperatives; National Greenhouse San Joaquin County Farm Bureau and Grape Grower (CA); Paul Manufacturers Association; National (CA); Santa Barbara County Farm Bu- Lanfranco, Grape & Tree Fruit Grower Milk Producers Federation; National reau (CA); Santa Clara County Farm (CA); Ben Letizia, Grape and Tree Potato Council; National Watermelon Bureau (CA); Stanislaus County Farm Fruit Grower (CA); Jim Lloyd-Butler, Association; New England Apple Coun- Bureau (CA); Sun Maid Growers of James Lloyd-Butler Family Partner- cil; NISEI Farmers League; North California; Tulare County Farm Bu- ship (CA); Jerry Logoluso, Grape Grow- American Bramble Growers Associa- reau (CA); Ventura County Agricul- er (CA); Dave Loquaci, Grape Grower tion; North American Horticultural tural Association (CA); Yolo County (CA); Ronald Lund, Raisin Grower Supply Association; Northeast Dairy Farm Bureau (CA); Duane Abe, Tree (CA); Fred Machado, Dairy Farmer Producers Association; Northeast Fruit, Citrus, Vegetable Grower (CA); (CA); David Marguleas, Sun World

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.010 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11416 CONGRESSIONAL RECORD — SENATE December 7, 2006 International, LLC (CA); Harold Landscape Association; Maryland- Produce (TX); Utah Nursery & Land- McClarty, Tree Fruit Grower and Delaware Watermelon Association; scape Association; St. Albans Coopera- Packer (CA); Mark Melkonian, Tree Massachusetts Nursery and Landscape tive Creamery (VT); Vermont Associa- Fruit and Dehydrator (CA); Richard Association, Inc.; Michigan Apple Com- tion of Professional Horticulturists Milton, Tree Fruit Grower (CA); Keith mittee; Michigan Christmas Tree Asso- (VAPH); Virginia Apple Growers Asso- Nilmeier, Tree Fruit Grower (CA); ciation; Michigan Farm Bureau Fed- ciation; Virginia Nursery & Landscape James Oliver, Grape and Tree Fruit eration; Michigan Green Industry Asso- Association; Virginia Green Industry Grower (CA); Louis Pandol, Pandol ciation; Michigan Horticultural Soci- Council; Virginia Christmas Tree Bros., Inc. (CA); Dennis Parnagian, ety; Michigan Nursery and Landscape Growers Association; Northern Vir- Fowler Packing Company, Inc. (CA); Association; Michigan Vegetable Coun- ginia Nursery & Landscape Associa- Justin Parnagian, Fowler Packing cil; WineMichigan; Minnesota Nursery tion; Southwest Virginia Nursery & Company, Inc. (CA); Ron Peters, Tree & Landscape Association; Mississippi Landscape Association; Independent Fruit Grower (CA); Scott Peters, Tree Nursery and Landscape Association; Food Processors Company (WA); Mt. Fruit, Citrus and Grape Grower (CA). Missouri-Arkansas Watermelon Asso- Adams Orchards Corporation (WA). Jerald Rebensdorf, Fresno Cooperative ciation; Montana Nursery & Landscape Underwood Fruit & Warehouse Company Raisin, Inc. (CA); Bob Reimer, Tree Association. (WA); Washington Association of Wine Fruit and Grape Grower (CA); Pat Nebraska Nursery & Landscape Associa- Grape Growers; Washington Bulb Co.; Ricchwti, Jr., Almond, Tree Fruit & tion; New Hampshire Farm Bureau; Washington Growers Clearinghouse; Grape Grower and Packer (CA); Cliff New Jersey Nursery & Landscape Asso- Washington Growers League; Wash- Rolland, Abe-el Produce (CA); Cliff ciation; Overdevest Nurseries (NJ); Ag- ington State Farm Bureau; Washington Sadoian, Sadoian Bros., Inc. (CA); ricultural Affiliates (NY); Cayuga Mar- State Nursery & Landscape Associa- Bobby Sano, Grape, Tree Fruit and Nut keting (NY); Farm Credit of Western tion; Washington State Potato Com- Grower (CA); Sark Sarabian, Sarabian New York; First Pioneer Farm Credit mission; Washington Wine Commis- Farms (CA); Tom Sasselli, Grape Grow- (NY); New York Agriculture Affiliates; sion; Commercial Flower Growers of er (CA); Tom Schultz, Chase National New York Apple Association; New York Wisconsin; Gardens Beautiful Garden Kiwi Farms (CA); Mike Scott, Raisin Farm Bureau; New York Horticulture Centers; Hartung Brothers Inc. (WI); Grower (CA); Andrew J. Scully, Philip Society; New York State Nursery & Lawns of Wisconsin Network; Wis- E. Scully, Toni M. Scully, Pear & Landscape Association; New York consin Christmas Tree Growers Asso- Packing (CA); Don Serimian, Tree State Vegetable Growers Association; ciation; Wisconsin Landscape Contrac- Fruit & Grape Grower and Packer (CA); PRO-FAC Cooperative, Inc. (NY); tors Association; Wisconsin Nursery Jim Simonian, Simonian Fruit Com- Torrey Farms Inc., NY; Upstate Farms Association; Wisconsin Sod Producers pany (CA); Dave Smith, Olive Grower Cooperative Inc. (NY); Yankee Farm Association. (CA); Brent Smittcamp, Wawona Pack- Credit (NY); Addis Cates Company ing Co., LLC. (CA); Kent Stephens, (NC); North Carolina Christmas Tree Mr. CRAIG. What did they say? They Marko Zaninovich, Inc. (CA); Ty Association. said it very clearly: a failure to reform Tavlan, Tree Fruit Grower and Packer North Carolina Commercial Flower the H–2A program has put American (CA); Dean Thonesen, Sunwest Fruit Growers’ Association; North Carolina agriculture in an untenable position. Company, Inc. (CA); Bill Tos, Tree Greenhouse Vegetable Growers Asso- As we bring in the numbers this winter Fruit Grower & Walnut and Packer ciation; North Carolina Farm Bureau; to do the harvest this summer and fall, (CA); Stan Tufts, Tufts Ranch LLC North Carolina Green Industry Coun- (CA). cil; North Carolina Muscadine Grape it is reasonable to predict the loss that Steve Volpe, Table Grape Grower and Association; North Carolina Nursery & the American consumers are now hear- Packer (CA); Eric Ward, Tree Fruit and Landscape Association; North Carolina ing about in bits and pieces through Nut Grower (CA); Chiles Wilson, All Potato Association; North Carolina the national news could well be equiva- State Packers, Inc. (CA); John D. Strawberry Association; North Caro- lent to $4 billion to $5 billion of actual Zaninovich, Zan Farms, Inc. (CA); Jon lina Vegetable Growers Association; value lost at the farm gate—meaning P. Zaninovich, Jasmine Vineyards, Inc. North Carolina Watermelon Associa- the produce did not leave the farm, it (CA); Marko S. Zaninovich, Marko tion; North Carolina Wine & Grape Zaninovich, Inc. (CA); Ryan Council; North Dakota Nursery and did not make it to the processor, it will Zaninovich, V. B. Zaninovich & Sons, Greenhouse Association; Ohio Farm never make it to the consumer’s shelf, Inc. (CA); Associated Landscape Con- Bureau Federation; Ohio Nursery and and American consumers will grow in- tractors of Colorado; Colorado Nursery Landscape Association; Oklahoma creasingly dependent upon foreign & Greenhouse Association; Colorado Greenhouse Growers Association; Okla- sources for their food supply. For a Potato Administrative Committee; homa Nursery & Landscape Associa- great nation like ours, that is not only Colorado Sugar Beet Growers Associa- tion; Hood River Grower-Shipper Asso- dangerous, it is foolish and irrespon- tion; Colorado Wine Industry Develop- ciation (OR); Oregon Association of ment Board; Bishops Orchards (CT); H. Nurseries; Oregon Wine Board; Wasco sible. F. Brown Inc. (CT); Connecticut Nurs- County Fruit & Produce League (OR). As we put American agriculture ery & Landscape Association; A. Duda Hollabaugh Bros., Inc. (PA); Pennsyl- through this difficult time by our fail- & Sons (FL); Florida Citrus Mutual; vania Landscape & Nursery Associa- ure to enact comprehensive immigra- Florida Citrus Packers; Florida Farm tion; State Horticultural Association tion reform, something else is going on Bureau Federation; Florida Fruit & of Pennsylvania; Rhode Island Nursery out there on the farm. Diesel costs, fer- Vegetable Association. & Landscape Association; South Caro- tilizer costs, equipment costs are at an Florida Grape Growers Association; Flor- lina Greenhouse Growers Association; all-time high. Of course, we know the ida Nursery, Growers & Landscape As- South Carolina Nursery & Landscape sociation; Florida Watermelon Associa- Association; South Carolina Water- general energy costs have increased at tion; Gulf Citrus Growers Association melon Association; South Dakota an unprecedented rate this year. Not (FL); Tampa Bay Wholesale Growers Nursery and Landscape Association; only do we have the impact of high (FL); Georgia Green Industry Associa- Tennessee Nursery & Landscape Asso- input costs in the production of Amer- tion; Georgia Milk Producers; Georgia ciation, Inc.; Lone Star Milk Producers ican agriculture and agricultural food- Watermelon Association; Winegrowers (TX); Plains Cotton Growers, Inc. (TX); stuffs, now there is nobody to pick the Association of Georgia; Environmental Select Milk Producers (TX); South crop. Care Association of Idaho; Idaho Apple Texas Cotton and Grain Association; I was in the upper San Joaquin Val- Commission; Idaho Cherry Commis- Texas Agricultural Cooperative Coun- sion; Idaho Grower Shippers Associa- cil; Texas Agri-Women; Texas Associa- ley late summer meeting with a group tion; Idaho Nursery & Landscape Asso- tion of Dairymen; Texas Cattle Feeders of agricultural people. One farmer said ciation; Idaho-Oregon Fruit and Vege- Association; Texas Citrus Mutual; it as clearly as it could ever be said. He table Association; Potato Growers of Texas Cotton Ginners Association; said: Senator CRAIG, if you can’t bring Idaho; Illinois Grape Growers and Vint- Texas Grain Sorghum Producers the workers to me or if you can’t make ners Association; Illinois Landscape Assocation. the workers available in the valley, I Contractors Association; Illinois Texas Nursery & Landscape Association; will have to go where the workers are. Nurserymen’s Association; Illinois Spe- Texas Poultry Federation and Affili- What did he mean by that? He meant cialty Growers Association. ates; Texas Produce Association; Texas he was leasing land in Argentina or Indiana-Illinois Watermelon Association; Produce Export Association; Texas- Indiana Nursery and Landscape Asso- Oklahoma Watermelon Association; Mexico or Brazil where the labor force ciation; Iowa Nursery & Landscape As- Texas Turfgrass Producers Association; is today. sociation; Farm Credit of Maine; Maine Texas Vegetable Association; Western What will happen to the land in the Potato Board; Maryland Nursery and Peanut Growers (TX); Winter Garden great San Joaquin Valley? It will go

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.014 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11417 fallow, or it will be put in homes. It they want to go back from where they May I proceed, Mr. President? will no longer be profitable to produce came. That is where their families are The PRESIDING OFFICER (Mr. in that greatest agricultural valley in in large part. That is where the Amer- GRAHAM). The Senator from California the world which produces the vegetable ican dollar improves their lifestyle, is recognized. crops and all of the other kinds of back in their hometowns, predomi- Mrs. FEINSTEIN. Mr. President, I crops the American consumer so read- nantly in Mexico but in other parts of thank the Senator from Idaho. I also ily needs, knows, and wants. the world as well. indicate how much I agree with the Last year, for the first time, by a If we fail to pass comprehensive re- Senator. near majority of months, America was form this year, American agriculture Before I proceed, I note that Senator consuming more from foreign import will go through another devastating MURRAY is in the Senate. I ask unani- than they were consuming from their year in the field, and real management mous consent she be given 10 minutes own production. That is something choices will be made, management directly following my remarks. that should never happen in the great- choices no longer to plant and grow in The PRESIDING OFFICER. Without est agricultural Nation in the world. the United States, no longer to put objection, it is so ordered. I think Americans get it. There was a fresh vegetable crops in the field in De- Mrs. FEINSTEIN. Mr. President, very loud group who distorted the cember to be harvested in February to Senator CRAIG rightly stated that man- whole debate. But they also taught us supply our great and abundant markets agement choices are being made right something important, that Govern- and the needs of our consumers. now. That, in fact, is true. We are see- ment had fumbled and Congress had This is a very real issue today and a ing billions of dollars of an agricul- failed in its responsible approach to a very real problem. That is why on De- tural industry effectively being de- comprehensive, enforceable, immigra- cember 4 this coalition sent to this stroyed. Some of it is competition from tion law. We ignored it for decades. In Congress an urgent message, a plea. It abroad, but much of it is the fact that ignoring it, great problems had oc- said: Please listen to us. Support and growers and farmers have a 20-per- curred. Not only did we have an un- pass comprehensive agricultural work- cent—it is estimated—labor shortage precedented number of undocumented er reform. Give us an H–2A program to plant, to harvest, to prune. There is illegal foreign nationals in our coun- that works. That is what we must ac- tremendous uncertainty, I can tell you try, but we had allowed industries such complish because even in all of our de- for a fact, in the largest State in the as agriculture to grow increasingly debates this is not going to happen over- Union, and the largest agricultural pendent on an illegal workforce. night. We won’t get to this for several State. Farmers do not believe they can Agriculture came to me in the late months, and when we do, it will take get workers to harvest their crops, 1990s and said: Senator CRAIG, this time working with the House. Then it ergo they are not planting these crops. problem has to get fixed. will pass. Then it has to be imple- Senator CRAIG and I came to the Sen- We began to work on it then. Last mented. ate before. We have written a joint let- year, the Senate passed a comprehen- So American agriculture will go ter to the leader. We have asked, sive bill with AgJOBS, the bill I had through another very tough cropping please, because comprehensive immi- worked on with American agriculture season and billions of dollars will be gration reform tends to be stalled, at and the coalition of over 400 agricul- lost. Wise business men and women least pass AgJOBS. An industry de- tural groups. That was in the bill. But will have to make decisions of whether pends on it. when the House failed to act and would they continue to farm in this country We have worked out AgJOBS. It has not act, when we recognized that we and produce in this country or if they passed the Senate as part of the immi- had to gain confidence with the Amer- go elsewhere to produce, and instead of gration bill. Just take out the part ican people that we knew what we were being domestic producers, they become that is AgJOBS and pass it. It is a 5- doing and we would do it right, we in- foreign importers. That is something year pilot. It involves the ability of the creasingly began to put pressure on the that should never be allowed to hap- agricultural industry of our country to border, to secure it, to make it a real pen. get labor, both through H–2A reform, border, to recognize that to cross it My colleague from California has which is contained, and through a 5- you had to be legal, you had to have joined me. Senator FEINSTEIN and I and year pilot to try to secure a workforce the right papers and credentials. That others have worked closely to craft the for agriculture. is going on as we speak. right kind of bill that works, that is While I was in California, I had the I was one who encouraged our Presi- legal, that is transparent, that recog- opportunity to meet with growers and dent to maximize the use of our Na- nizes the importance of border security farmers. The cry for labor reform has tional Guard to help the Border Patrol and border control to get this great only grown louder. What I will do is to focus on those concentrated areas country back into the business of doing talk a little bit about the micro impact where greater movement of illegals what it ought to do; that is, to allow and then the macro impact. coming across our border was occuring. into our country those we want and to California olive farmers delivered It is an issue of security; it is not keep out those we don’t want. only about 50,000 tons of olives this just people wanting to cross the border We are a nation of immigrants. We year. That is down from 142,000 tons to work. Last year, over 200,000 were are proud of that. Most all of us came last year. So only one-third of the crop apprehended who were non-Mexican. from somewhere else some time ago. It could be harvested this year because of They were from all over the world. is because of this we are a great nation. a lack of labor. Farmers knew their Many of them, tragically enough, were It is because of the ability to assimi- crops were going to be light because of drug traffickers and illegals trying to late, to bring into our culture foreign weather troubles. But even with the get into our country for illegal pur- nationals to become Americans that smaller crop to harvest, farmers had poses—not just a hard day’s work in has made our country great. trouble hiring enough workers to work the hot sun of an agricultural field. In the last two decades, we failed to in their groves. Border security is critical. do that in a responsible fashion. Now, In Stanislaus County, a farmer by I hope this Congress will do now what because of that, American agriculture the name of Kevin Chiesa he is a grow- it must do, what it has to do for the hurts, other industries hurt. It is im- er and is the president of the American economy, for the American portant we grow increasingly sensitive Stanislaus Farm Bureau—reported agricultural industries, and that is to getting this job done and getting it that they simply pulled their fig and pass a responsible, comprehensive re- right. The job itself is passing AgJOBS, peach trees out of the ground because form of the H–2A program. the comprehensive responsible bill to they did not have enough workers to Yes, we need to deal with the illegals help American agriculture create a harvest the ripe fruit. Mr. President, who are currently in the country, but legal workforce. 350 acres were pulled on his farm, lead- we also need to create a legal, identifi- Under the unanimous consent the ing to a net dollar loss of $200,000 and a able flow of people who come to work Senator from California, Mrs. FEIN- gross loss of $750,000. and then go home. Ninety-plus percent STEIN, has the next 15 or 16 minutes. Now, that may not seem like much who work here want to do just that: Mrs. FEINSTEIN. That is correct. to some, but it sure is a lot to a farmer

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.019 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11418 CONGRESSIONAL RECORD — SENATE December 7, 2006 who depends on this money to pay his production loss could be as high as $3 the crop harvesting calendar. The prob- bank loans and to support his family billion each year in the short term and lem is, we do not have enough Amer- and pay his mortgage. as high as $4.1 billion in the long term. ican workers who are willing to do this In San Bernardino County, Richard This is decimating. California agricul- job. Miller of Murai Farms saw his small tural income loss is projected to reach This week, Senator CRAIG and I re- farm of 130 acres struggle because of a $2.8 billion each year in the long term. ceived a letter signed by over 375 agri- lack of labor. He reported they experi- The problem is not just in California. cultural organizations and industry enced substantial loss in their straw- Dairy farmers in Vermont, citrus grow- leaders from all over the country urg- berry crop, resulting in a half a million ers in Florida, others throughout the ing agricultural reform this year. As dollars in losses already this year. Mr. country, have complained about the they point out, this is not a partisan Miller has been farming since 1962, but labor shortage and the uncertainty it issue. Every area of the country is af- the difficulties he has experienced have creates for the future. fected. recently caused him to think about The Farm Credit Associations of New In November, I received a letter giving up his farm and leaving the pro- York estimate that if the labor short- signed by 147 growers’ organizations fession for good. age continues there, New York State and individual farmers. They point out Over and over again, I have heard will lose $195 million in value of agri- in their letter that they cannot wait that growers need an immediate fix. cultural production and over 200,000 another year, that our State’s pear They do not know what to plant in the acres in production over the next 24 growers had an exceptional crop, the upcoming spring season because they months. best-looking crop in over 40 years, yet do not know whether they will have The American Farm Bureau Federa- they suffered major losses. They point the workers necessary to harvest the tion estimates that if agriculture loses out: crops. its migrant labor force, the national While the pear losses were the most dra- I will say that my friend and col- production loss in fruits and vegetables matic among the commodities, other pro- league, Senator BOXER, and I are in will be between $5 billion and $9 billion ducers suffered as well from delayed har- sync on this issue. She also has talked a year. This is not my estimate. This is vests, degraded quality and deferred cultural to growers and farmers. She also knows the American Farm Bureau’s estimate. practices. the problem. She also has been a strong They also say that over the long term, These crises are a big deal. Farm supporter of the AgJOBS program. So the annual production loss would in- worker crews in my State during har- in making my remarks today, I want crease to $6.5 billion to $12 billion each vest were 60 percent of normal—60 per- to be certain that this body knows I year. cent of normal. What they say is: am also speaking for my friend and col- These losses are not just limited to Pending regulatory changes issued by the league, Senator BOXER. growers. The impact is felt throughout Department of Homeland Security propose I have brought to the floor today a the economy. For every job lost on to turn Social Security Administration’s graphic illustration of one of our pear family farms and ranches, the country mismatch letters into immigration compliance documents. The proposal would allow growers. Her name is Toni Scully. I loses three to four jobs in related sec- DHS to prosecute and penalize employers have met Toni Scully. I met with her tors equipment, inputs, packaging, across this country who do not terminate in California and she told me about the processing, transportation, marketing, employees who cannot verify their status. problems her family had experienced. lending, insurance—they are all sup- So, Mr. President, you see the prob- Shown in this picture is Toni Scully in ported by having agricultural produc- lem. The farmers are going to be pros- her pear orchard. Her family lost 25 tion here in this country. ecuted if they hire someone who is not percent of their bumper crop this year Low-producing farms mean a lowered legal to harvest their crops. And they because they did not have sufficient local tax base as farms no longer gen- cannot find legal people to harvest labor to harvest the pears. As shown in erate income and create jobs. their crops. That is the dilemma. the picture, here are the pears all over Ultimately, the current farm labor Further quoting the letter: situation is making Americans more the ground. They are all going to be ei- Even though today’s employers follow cur- ther plowed under or thrown in the gar- dependent on foreign food. Instead of rent SSA requirements regarding mismatch bage. Here is a woman who will have stocking produce grown and harvested letters, they would be in violation of the De- lost essentially everything this year. in our country, America’s grocers are partment of Homeland Security proposal. If Now, other growers tell me they are increasingly filling their shelves with finalized, the DHS proposal will aggravate afraid for the future. They are afraid to foreign-grown produce. the current labor shortage problem in agri- plant crops that will later be left to rot For decades, the fiercely independent culture. in the fields. So some growers are ex- fruit and vegetable growers of Cali- Bottom line, we cannot continue the perimenting with moving their farms fornia, Florida, and other States, tradi- way we are going. That is why Senator to Mexico. Last week, the New York tionally have shunned Federal sub- CRAIG and I have come to the floor. He Times ran an article that pointed out sidies. Now, they are now buckling has worked on this bill for 7 years. I fi- how much imported produce is now ris- under the pressure and asking us for nally got involved and we made some ing above exported produce. And one of Federal subsidies. agreed-upon changes. I was able to in- the big problems is the produce pro- In just one example, because of labor troduce it in the Judiciary Committee duced at home is not assured; there- shortages, U.S. avocado farmers may as part of the immigration bill with fore, more produce is coming in from miss the January market window and these changes. We were able to address outside. lose out to Mexican avocado farmers H–2A reform—and I will go into that in This is so shortsighted because we who will be allowed to import into a minute—and it passed the Senate. are throwing American families into California in 2007. This will wipe out And, as I say, we believe we have in jeopardy. Farming families cannot sup- our local avocado crop. The fact that fact 60 votes in this House. port themselves if they cannot produce they cannot get the labor they need to The letter I spoke about and quoted their crops. harvest the fruits and vegetables only from is signed by the Allied Grape The Grape and Tree League of Cali- weakens our whole American agricul- Growers; California Association of fornia—now, this is a big trade organi- tural industry. Nurseries & Garden Centers; California zation representing what is a huge Now, the reason for the shortage is Association of Wheat Growers; Cali- grape and fruit tree crop group—they simple. There is no readily available fornia Association of Winegrape Grow- estimate that my State alone—Senator pool of excess labor to replace the ers; California Bean Shippers Associa- BOXER’s and my State—has suffered ap- 500,000 foreign migrant workers we tion; California Citrus Mutual; Cali- proximately $75 million in tree fruit have depended on for years. The work fornia Cotton Ginners & Growers Asso- and grape loss alone. That is a loss of is hard. It is stooped. It is manual. The ciations; California Egg Industry Asso- $75 million. hours are long. To make a living, the ciation; California Farm Bureau Fed- The American Farm Bureau Federa- laborer must travel around the region, eration; California Fig Advisory Board; tion estimates that if this labor short- from site to site, working for more California Floral Council; California age continues, California agricultural than one employer, to coincide with Grape and Tree Fruit; California Grain

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.021 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11419 and Feed Association; California There are a number of specifics. It The PRESIDING OFFICER. The Sen- League of Food Processors; California freezes the adverse wage rate for 3 ator from Washington. Pear Growers Association; California years, to be gradually replaced with a Mrs. MURRAY. I ask unanimous con- Seed Association; California State Flo- prevailing wage standard. The H–2A sent that following my remarks, the ral Association; California Warehouse visas would be secure and counterfeit Senator from Maryland be recognized. Association; Far West Equipment Deal- resistant. In this way, agricultural The PRESIDING OFFICER. Without ers Association; almost every county labor would have a permanent work- objection, it is so ordered. farm bureau; Nisei Farmers League; force and you would have a secure A TERRIBLE LEGACY Olive Grower Council of California; and guest worker program, H–2A, where Mrs. MURRAY. Mr. President, I am on and on and on, with different farms, necessary, to go in to areas for short here because families across this coun- grape growers, olive growers, cotton periods of time. It is a win/win situa- try are going to be hurt because this ginners, poultry farmers—pages and tion. It has passed this Senate. Republican Congress has not done its pages of people pleading with us to do The losses are in the hundreds of mil- job. We have all heard that this session something. And we do nothing. lions of dollars across the Nation, and of Congress is a do-nothing Congress. It We will not repass a bill that has we do nothing. We stiff the American has earned that title. But there is one been passed by this Senate once, and agricultural industry. I have a hard thing everybody ought to understand. we are in the middle of a major crisis. time understanding that. I know the When Congress doesn’t do its job, it So I am kind of at my wit’s end. votes are here to do it. We could prob- makes it harder for all Americans to do Let me tell you a little bit about the ably do it. Through the Chair, I ask their jobs, whether it is teaching our AgJOBS bill. It is a 5-year pilot. It Senator CRAIG, does he not believe we children or providing health care or would provide a one-time opportunity could pass this bill with maybe an hour improving transportation or making for trained and experienced agricul- on the floor of the Senate. our communities safer. tural workers to earn the right to Mr. CRAIG. I thank the Senator for This may seem like a debate over apply for legal status. It would reform asking the question. This is not an un- process, but it affects you. If you fly on the H–2A visa process so that if new known issue. We all understand it. The an airplane and are concerned about workers are needed, farmers and grow- Congress understands it. The election your safety, it affects you. If you drive ers have a legal path to bring workers is over. People can decide whether they on a highway and are concerned about to harvest their crop. Workers can survived or failed because of their posi- traffic congestion, this affects you. If apply for a blue card if they can dem- tion one way or another on immigra- you want our Government to stop the onstrate with records that they have tion. The reality of what she and I talk flow of money to terrorist organiza- worked in American agriculture for at about is so real today. We knew it tions, this affects you. least 150 days within the previous 2 then; we know it now. We have the 60 Today I want to share with the Sen- years. votes. We have had them for some ate a few examples of how it is going to I can see my time is running out. time. There is no question in my mind, hurt because the Senate Republican May I have a couple minutes more to with the reforms we are talking about, leadership has not done its job. I want sum up? this could become law and we could to point out how it is going to hurt the Mr. CRAIG. Mr. President, I ask priorities in my State of Washington, unanimous consent that the Senator pass it in the Senate. Mrs. FEINSTEIN. If I may, the letter from their fight against drugs and from California be allowed to proceed we wrote to Leader FRIST asking that gangs to the cleanup of the Hanford for at least 5 more minutes. Nuclear Reservation. This Republican The PRESIDING OFFICER. Without it be calendared, has the Senator re- Congress’s failure is going to make it objection, it is so ordered. ceived a response? Because I have not. Mrs. FEINSTEIN. Thank you very Mr. CRAIG. I have not either. Obvi- harder for all of us to do our jobs next much. ously, we are in the closing hours of year, and that is a terrible legacy for The blue card would require that the 109th Congress. Whether we could the Republican leadership to leave our they work in American agriculture for get it done now, but more importantly, country. an additional 150 workdays per year for get it done when we get back very Every year Congress has to pass its 3 years, or 100 workdays per year for 5 early in the year, is going to be critical annual spending bills. They fund our years. At the end of that time, they to us. Government. We work very hard on would be able to obtain a green card. Mrs. FEINSTEIN. That is the point. those bills. We craft them so they meet Over the 5 years, it would apply to 1.5 We did not just write this letter. Per- the needs that our constituents tell us million individuals, which would pro- haps the frustration is showing today. about, on everything from health care vide a stable, ongoing workforce for It would be my hope we could get this to transportation to education. Some- the United States. Workers would be calendared sometime in January and times it takes a while to finish those required to pay a fine of $500, show that get it passed so that the spring plant bills, but we get them done. Then the they are current on their taxes, that can happen all throughout this Nation. country is able to move forward. This they have not been convicted of a Otherwise, I can only tell you, in my year it has been very different. We did crime that involves bodily injury or State, farmers who can are going to go our work on the Appropriations Com- harm to property in excess of $500. Em- to Mexico. Farmers who can are going mittee, but then the Senate Republican ployment would be verified. The pro- to plant in Mexico. Is this what we leadership blocked our progress. I serve gram would be capped and sunset. want to have happen? I don’t think so. on that Appropriations Committee. We The Department of Homeland Secu- I thank Senator CRAIG for his long- did our job on time in a bipartisan rity would ensure that the ID cards are standing work on this issue and for his manner back in July, under the leader- encrypted, that they have biometric leadership. When one comes to the ship of Senators COCHRAN and BYRD. identifiers, that they contain floor of the Senate, sometimes one We completed work on 11 appropria- anticounterfeiting protections. So you thinks nobody is listening. I hope tions bills and sent them to the Senate would be able to identify 1.5 million somebody is listening. I hope people floor. people who are currently illegal. You recognize that we have a huge industry Here is what is impressive. Every sin- would know who they are. You would out there. It needs attention. It needs a gle Senator on the committee voted to know they are now legal. You would workforce. Americans will not do this report each and every bill. But since know they were working in agri- work. Therefore, it is a migrant work- then, the Senate Republican leadership culture, which desperately needs them. force that does the work. There is a blocked our progress. They decided to We would also streamline the current methodology to legalize it, to limit it, only let 3 of those 11 bills move for- agricultural guest worker program, the to sunset it, and to fix what has been a ward. Those bills cover extremely im- H–2A program, which is now unwieldy broken H–2A program and in a bill that portant functions—defense, homeland and ineffective. The bill would shorten has already passed the Senate once al- security, and military construction— the labor certification process, which ready during the 109th Congress. but they are just 3 of the 11 bills. What now takes 60 days or more, reducing I thank the Chair and my colleague about the needs of our communities? the approval process to 48 to 72 hours. from Idaho. What about the needs of our schools

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.022 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11420 CONGRESSIONAL RECORD — SENATE December 7, 2006 and colleges and universities? What hire half of the air traffic controllers the Energy and water bill. As a result, about the support of health research or we need, and we will not be able to hire funding for Hanford cleanup is going to investing in infrastructure or meeting the air traffic safety inspectors who be delayed. That means it is going to the needs of our farmers or ranchers or are desperately needed. We are going to take longer, and it will cost more law enforcement? Those are critical pay a price in highway safety because money. The Republican leadership is needs. The Senate Republican leader- we are not going to be able to reverse going to have to explain to the people ship decided this past summer that the recent increase in traffic fatalities. I represent in the Tri-Cities and they could go on the back burner. We are going to pay a price in the fight throughout my State why Hanford Never in my 14 years in the Senate against terrorism, because we are not funding is being delayed. They are have we started a new fiscal year with going to be able to fund the Treasury going to have to answer for their fail- so little progress in the Senate in pass- Department’s efforts to stop terrorist ure to act on these and other priorities. ing the appropriations bills and fund- financing. And we are going to pay a It doesn’t have to be this way. Rather ing the critical functions of Govern- price in educating our kids and improv- than spending the month of July and ment. Nine weeks ago we entered a new ing our communities and training our September debating unrelated bills for fiscal year. I came to the floor at the workforce. Everywhere you look, we political reasons, we could have been time to complain about the unfinished will pay a price if we fail to do our job. debating these appropriations bills business of the Senate and expressed The Republican mismanagement will that are critically needed for our Na- my disappointment that we were hurt my State of Washington, from the tion’s safety and security. recessing for the elections without fight against drugs and gangs to the We could have been fighting for the moving these bills. I always thought cleanup effort at the Hanford Nuclear people we represent. We could have we would come back and the Repub- Reservation. If you sit down with law been meeting their basic needs and pro- lican leadership would finish its work enforcement officers in my home tecting their livelihoods and ensuring this session. But they have made a dif- State, as I have, they will tell you they their safety. Unfortunately, the Repub- ferent choice. It is now December 7. We are facing a methamphetamine epi- lican leadership said ‘‘no,’’ and now our have not seen one additional funding demic. It is destroying families and families are going to pay a price. bill clear the Senate. And we are now communities, and law enforcement I think this Senate deserves better, hearing talk that the Republican lead- needs help to deal with it. Over the but more important, the people we rep- ership may formally adjourn the Sen- past few years I have worked to provide resent deserve a lot better. ate by the end of this week, with most funding each year for the Washington I yield the floor. of the 11 appropriations bills never State meth initiative. It is a coordi- The PRESIDING OFFICER (Mr. being sent to the President. nated Statewide effort that focuses on ISAKSON). The Senator from Maryland I think it is worth remembering that cleanup, treatment, prevention, and is recognized. when this happened last time, there law enforcement, and it is a great Ms. MIKULSKI. Mr. President, I was a major shift of power back in No- model for other States. Again, this want to compliment the Senator from vember of 2002. I was serving at the year in the Senate bill, I got a commit- Washington State for commenting on time as chair of the Transportation Ap- ment to support my State’s meth ini- the law enforcement aspects that are propriations Subcommittee. After the tiative. But now this funding is going going to be lost under the way we are election, just as now, the appropria- to be delayed and put in jeopardy be- proceeding because she is absolutely tions process was not complete. But cause Senate Republicans have refused right. I say to the Senator before she Democrats still worked to fulfill our to do their job and pass the Commerce- leaves the floor, that is in the Com- responsibility by moving bills on the Justice-State spending bill. Because merce, Justice, Science Committee, on floor and sending them to conference. Republican Senators are not going to which I am currently ranking member. Unfortunately, we were blocked from do their job, they are going to make it We worked on a bipartisan basis—Sen- completing our job. The Republican harder for police in my State to do ator SHELBY and I—to produce the bill leadership that was due to come into their job, and that is wrong. that would have given the financial the majority in January of 2003 prohib- This failure to act will also delay and tools to local enforcement to fight the ited us from moving those bills for- put at risk support for an antigang pro- meth epidemic, the gangs that are ward. They decided they wanted to gram in Yakima Valley. Back on Octo- coming, all with the most grim and complete the appropriations process ber 16, I was in Yakima at the police ghoulish approaches in our local com- when they were in control. department for a meeting with two munities. This year Democrats are taking a dif- dozen local officials, law enforcement, But we are saying, you know what, ferent approach. We should complete and prosecutors. They told me about we are cutting and running. So we are the appropriations process now, be- the tremendous challenges they were cutting their budget, and we are run- cause it is important to America’s fam- facing, and the top issues on their list ning out of here. That phrase ‘‘cut and ilies and communities. We are already were meth and gangs. I heard their run’’ has been used so cavalierly, but I 2 months into this fiscal year. The message, and I have fought for a com- am telling you that is exactly what we American people are paying a price for mitment in the Senate to support a are doing now. We are cutting and run- these delays. Democrats are willing to community-based gang task force. ning from our responsibility to fund complete this process now, even under That funding is needed immediately. the programs that meet compelling Republican control, because we believe Now I have to go back to Yakima and human needs in our own States, in our the American people have waited long tell those hard-working leaders that own country, as well as those things enough. Unfortunately, the Republican the funding I got was delayed and put that help with the national security, leadership didn’t get the message. Now at risk because Republicans don’t want such as funding the FBI and to the se- American families are going to pay the to do their jobs and pass the annual curity in our own communities. We are price of this negligence. spending bills. People in my State de- talking about meth and gangs, but I Some Senators have been suggesting serve better than that. know the Senator feels as strongly as I that we simply pass a continuing reso- Let me offer another example of how do about sexual predators. We worked lution for the next entire fiscal year the Republicans’ failure to do their with Mr. Gonzales, the Attorney Gen- and everything will be fine, claiming jobs is hurting my State. Our Govern- eral, in terms of a very good antisexual there is no real difference between ment has an obligation to clean up the predator approach, with listing and passing these bills we have worked so Hanford Nuclear Reservation in Rich- watch lists and those things that, hard to put together and putting Gov- land, WA. As I speak, that community again, empower the local law enforce- ernment on auto pilot for a full year. is working hard to clean up nuclear ment. We have a program that helps There is a big difference. This country waste, protect the community, and the sheriffs. will pay a price under that scenario for environment. Here in the Senate I have So if we want to bring in the posse, airline safety. fought for the funding we need to keep we have to bring in the bucks. What I Under a full year’s CR, my colleagues that cleanup moving forward. But now like about the sheriff initiative is it is should know we will only be able to the Republicans are refusing to move in every community, not only urban

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.024 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11421 areas but also out in the rural areas. So we are committed to national secu- room, providing important legal guid- But, oh, no, we have to get home. Well, rity—whether it is the Port of Balti- ance to all of the police chiefs, cer- I think we have abdicated our responsi- more or whether it is Bethesda, wheth- tainly, in the Baltimore area, and bility. I thank the Senator for what er it is the Naval Academy and looking those involved in port security and she has said. out for them, but we need these re- local law enforcement. The people from Mr. President, we are abdicating our sources. Sure, we need to fund defense the Governor’s office run that. Whether responsibility, and in abdicating our and homeland security, but don’t we it is in the national Capitol region, responsibility to pass the outstanding need to fund the FBI? The CIA can spy that we are in, or L.A. or New York, appropriations bills, we are having a around the world, but ultimately any our U.S. attorneys run these forces. very dire impact on our own country. information to come back and protect The local people love it, and they are Of the 12 appropriations bills, only 2 us against predators here comes part of the global war against ter- have passed. One is Defense and one is through the FBI. The National Secu- rorism because we don’t have enough Homeland Security. I am so glad that rity Agency—hopefully, completely FBI agents, but with enough cops on we did pass those and we did them in a within the law with reforms that need the beat, we can do that. So we are responsible way and in a timely man- to be made—can pull out these ‘‘cyber shortchanging the U.S. Attorney’s Of- ner. But one can say, then, we met our snitches,’’ with the Internet, that is fice. national security responsibilities. Well, going on somewhere in the Middle East Let’s go to the Bureau of Prisons. We not the way this Senator sees it. The and prevent those attacks. We are are going to lose correctional officers. national responsibility for national se- proud of what they did in working with We might say that they are just thugs curity also comes to our own FBI, our British counterparts in London. No anyway. Let’s talk about those ‘‘just comes to local law enforcement, comes matter what happens over there, when thugs anyway.’’ Right this minute, we to our U.S. Attorney’s Offices, and we it comes back here, the FBI needs to are very concerned and have signifi- are walking away from this. protect us. But, oh, no, we have to get cant flashing yellow lights about the The voters have said they want us to home. That is what I mean about cut- fact that right now in our Federal pris- change the tone and they want us to ting and running. We are cutting and ons there could be underground re- change the tempo. I can honestly say running. cruitment efforts going on to recruit that working in Commerce, Justice, When we do what we are about to do people for terrorism or for these Latin Science Appropriations, we have had soon, the FBI will be short $100 million. American gangs, such as M–13. Talk to an outstanding tone. I compliment my What does that mean? Well, it means the head of the Bureau of Prisons and to the Attorney General. We have to current chairman, Senator SHELBY that the FBI will not be able to main- from Alabama. Gosh, we worked so tain the operations tempo that they stand centrally with own Federal pris- well in producing our appropriations have achieved since September 11. It ons that we do not become the incuba- bill. The Senator from Alabama made means that they will not be able to tors not only of thugs but of terrorists and terrorizing gangs in our local com- sure I was consulted, along with my hire and keep the agents that they munities. staff. We worked on the compelling have, including the important lin- When I talk about grim and ghoulish, needs that must be funded but in a fis- guists. We have had to recruit people I am going to use an example that is cally responsible way. That sub- who can speak Farsi and a whole vari- difficult to bring to the Senate floor. In committee doesn’t need to change the ety of other languages that are not my own State, there was a gang at- tone, but, wow, do we need to change well known and available in our uni- tack, where they cut off the arms and the tempo. Not because of what SHELBY versities. But Director Miller went out legs of a victim, using a machete. I and MIKULSKI did. We did our bill; we and found them. They are ready to go. could describe more ghoulish things, finished it. We have moved it out of the They are already being trained. But we but I will not offend civilized people to committee. It is now ready to go to the are saying: Oh, no, we cannot hire you give those examples. Senate floor. We did it on a bipartisan now because the Congress had to go We have to get serious. Are we going basis, and we feel confident, each of us home. They have to cut and they have to fight the global war against ter- and our members, of the bill we pro- to run. Let me tell you, linguists, even rorism or are we going to cut and run duced. So we are ready to go. We are though the private sector will hire you from the appropriations? Are we going similar to a plane circling the airport, for more money, at an easier lifestyle, to stand up for our FBI or cut and run but we are running out of fuel. we know you were ready to join the from our duty? Are we going to stand I am concerned particularly about FBI, but we have to go fa-la-la, fa-la-la up for Federal law enforcement, such those programs affecting the FBI and somewhere. This is outrageous. as the Bureau of Alcohol, Tobacco, Federal law enforcement agencies, as That is the basic kind of thing that Firearms and Explosives, who are well as the locals. The FBI to the sher- will directly impact on our ability to working here and helped us catch the iffs are going to be shortchanged, re- fight terrorism here at home. It is snipers and are working over there so sulting in, I think, very serious con- what we said during the 9/11 Commis- we can deal with the IEDs that are sequences. We use budget-speak, Sen- sion about the famous watch list and killing our troops? Are we going to ate-speak with words such as ‘‘CR’’ and emerging technology. We have been stand up for the DEA that is fighting ‘‘omnibus,’’ but whatever we are talk- working on the integration of the fin- drugs on the street corners of our coming about, the fact is we are not fin- gerprint systems between the FBI, munities and dealing with the drug ishing our job, when we could have DHS, and also Immigration, to make problems in Afghanistan, with Mr. done it if there was a willingness from sure that we truly are stopping the Karzai, that is now funding the both the House and the Republican people we need to stop who are trying Taliban? Oh, no, we have to cut and leadership to move these bills. Many of to get into this country. But, oh, no, run. them have been worked out—again, on we are going to delay that and other Well, I am opposed to this strategy. I a bipartisan basis. technological improvements that the oppose this do-nothing Congress. We I come to you today with my great FBI so desperately needs. We are short- could do the job. I worked with my Re- concern about the global war against changing the FBI. publican colleague and, I must say, he terrorism. I am a member of the Intel- Then, when we look at the global war worked with me. We don’t have to ligence Committee, I am on the Appro- against terrorism and how it is acted worry about changing the tone, but we priations Committee and I am also a out in our own communities, I salute sure have to change the tempo. That is member of Defense Appropriations, the U.S. Attorney’s Office. For them, why the voters made a change in the Homeland Security and also currently this CR and this cutting and running Congress. So we are going to have to ranking—and soon to be chair—of the we are doing will essentially mean that swallow this, but I will tell you that Subcommittee on Commerce, Justice, the U.S. attorneys will be again short- they can count on BARB MIKULSKI not Science and Related Agencies that changed. In my own State, they run to cut and run from her duty, her re- funds particularly the FBI. I live, along something called the Joint Terrorism sponsibility in fighting the global war with my constituents, in the national Task Force. It is the U.S. attorney who against terrorism and the thugs and capital region. We are a high-risk area. gets all of the stakeholders in the same bums on our streets in America.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.045 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11422 CONGRESSIONAL RECORD — SENATE December 7, 2006 Mr. President, I yield the floor. vade Iraq unilaterally, the absence of I thank my excellent staff, those here The PRESIDING OFFICER. The Sen- weapons of mass destruction that had in Washington and those in Minnesota, ator from Minnesota. been the initial justification for that for their tremendous dedication and Mr. DAYTON. Mr. President, I ask invasion, and his administration’s dis- many hours of hard work. Most of the unanimous consent that I may speak astrous mismanagement of Iraq fol- successes I have enjoyed here have as in morning business for up to 15 lowing the overthrow of Saddam Hus- been the result of their dedication and minutes. sein has squandered most of our na- their abilities, and I thank them again The PRESIDING OFFICER. Without tional unity and international good- for their support. objection, it is so ordered. will. I especially want to thank the people SENATE SERVICE The CONGRESSIONAL RECORD will of Minnesota who gave me this extraor- Mr. DAYTON. Mr. President, it has show that I opposed those failed poli- dinary opportunity to serve them in been almost 6 years since I was sworn cies and supported other and better al- the Senate. Our democracy is, through in as Minnesota’s 33rd U.S. Senator ternatives. I was 1 of 23 Senators to all of human history, throughout the with my friend and colleague Paul vote against the Iraq war resolution. I entire world, the most advanced and Wellstone at my side. I began my term opposed the large tax giveaways to the successful form of self-governance that hopeful and optimistic. The Senate was rich and superrich. In fact, during my 6 human beings have ever devised. It is evenly divided, with 50 Democrats and years in the Senate, I voted 29 times to far from perfect, but it is far better 50 Republicans, and President-elect raise my own taxes. Why? Because our than anything else. We who are elected George W. Bush was promising to country needs those tax revenues, and as its leaders and its stewards have sa- change the tone in Washington with a I can darn well afford to pay my fair cred duties to uphold its principles, to new era of bipartisan cooperation. share of them, as can all other Ameri- elevate its policies, and to improve its Our country enjoyed peace and rel- cans with my good fortune. practices before we bequeath them to ative prosperity. Outgoing President I tried seven times unsuccessfully to our successors. I have done my very Bill Clinton, a Republican-controlled get the Senate to honor its 30-year best to fulfill those duties before I pass Congress, and over 6 years of economic promise to school districts and school- them on to my outstanding successor, expansion had combined to create the children and fully fund special edu- Senator-elect Amy Klobuchar. We in first annual surpluses in the Federal cation. The Senate did pass my ‘‘Taste the Senate and in the House of Rep- Government’s on-budget account in 39 of Our Own Medicine’’ amendment lim- resentatives also have the duty to years, and they were projected by OMB iting Members of Congress’s prescrip- serve the best interests of all Ameri- to continue for at least the next dec- tion drug coverage to what they pro- cans. To be successful and sustainable, ade. vided to senior citizens through Medi- our Government must improve the The Social Security trust fund’s an- care. However, my amendment was dis- lives of all of our citizens. nual surpluses were going to be saved carded by the House-Senate conference Unfortunately, here in Washington, in a lockbox for the upcoming retire- committee. the people who already have the most ments of a large baby boom generation. It has pained me deeply to see the keep getting more than anyone else. There was even discussion of paying Senate’s majority lead our country The excessive influences of their down the national debt to further into what I consider the wrong direc- money and political power on the Fed- strengthen our financial position. Yet tion. Our Nation’s founding principle eral Government are serious threats to we still would be able to increase fund- was ‘‘we the people,’’ and it remains so our democracy. They skew decisions ing for such essential needs as public today. If we are not always united by and laws in favor of the rich and power- education, affordable health care, sen- the common cause, we are bound to- ful, often at the expense of other Amer- iors’ drug coverage, and infrastructure gether by a shared destiny. If the laws icans: the hard-working people who pay improvements. this Senate passes are successful, ‘‘we their taxes and hope their elected rep- Just 6 years later, our country’s con- the people’’ benefit together. If those resentatives will look out for them in dition has changed drastically, and laws fail, we suffer together. Some Washington. It isn’t too much for them mostly for the worse. We are mired in Americans will suffer more than others to expect. However, it is too often more a disastrous war in Iraq despite the he- as unfair victims of social and eco- than they are getting. roic efforts and sacrifices by our Armed nomic injustices, but ultimately all They are told repeatedly that new Forces. The fiscal integrity of the Fed- Americans cannot escape our common laws and policies will improve their eral budget has been destroyed, with national fate. United we stand and suc- lives. Yet their real lives become record-high annual deficits continuing, ceed; divided we fall and fail. I regret- worse, not better. They experience a despite budget gimmickry and a mod- fully believe that during my Senate deep disconnect between what they are est economic recovery. The Federal tax term this administration and its con- told will happen and what is actually base has been decimated by huge tax gressional followers have caused too happening to them. giveaways to the rich and superrich many divisions, declines, and failures. In attempts to hide those disparities, that will burden our children and Thus, I leave the Senate with strong the words used in Washington are often grandchildren. The Social Security feelings of frustration and disappoint- carefully selected by very clever people trust fund’s surpluses have been spent ment. I have been unable to pass most in order to disguise reality rather than every year on what the nonpartisan of what I believe was most important to describe it. For example, legislation Concord Coalition has called ‘‘the most to Minnesota, to our country, and to that stripped many Americans of their reckless fiscal policy’’ in our Nation’s the world. I remain convinced that bankruptcy protections for major med- history. those policies would improve the lives ical expenses was named the Bank- The Bible says if the leaders don’t of most Americans far better than ruptcy Abuse Prevention and Con- lead, the people perish. Unfortunately, what the majority here enacted. sumer Protection Act. Another bill the Bush administration and the Re- A cornerstone of democracy, which I that would have increased industrial publican majority in Congress have not honor, is that the majority prevails. pollution was entitled the Clear Skies led this country well, and our people Winning, however, does not make them Act. No Child Left Behind has know- are suffering the consequences: lost right and, unfortunately, it does not ingly underfunded Head Start, title I, jobs, businesses, and farms; lost in- make them wise. In those decisions and special education, which has left comes, standards of living, and secu- with which I have disagreed, time will millions of schoolchildren behind. rity; and lost loved ones killed or tell us and the American people who These discrepancies and the dispari- maimed in Iraq. was right and who was wise. ties they create will be even more de- We have lost the national unity I do want to thank my colleagues on structive to the American people’s which followed the terrible atrocities both sides of the aisle for the privilege trust in their Government in the years of September 11, 2001, and the Bush ad- to serve these last 6 years with them. I ahead. That is because the choices fac- ministration has lost the world’s sup- am grateful for the friendships I have ing Congress will become even more port which they had after that awful made, which I hope will continue after difficult as the needs of an aging popu- attack. The President’s decision to in- my departure. lation grow but revenues do not. In

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.046 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11423 about a decade, the Social Security Congress conducting its constitutional fraud, waste, and abuse. When I met trust fund’s large annual surpluses will responsibility of oversight of the exec- with Dr. Von Eschenbach in March, he be replaced by deficits, and its IOUs utive branch of Government. told me that he was ‘‘committed to from the general fund will add to that In addition, under Dr. Von whistleblowers.’’ Yet his actions seem fund’s own chronic deficits. If com- Eschenbach’s leadership, the FDA re- to suggest otherwise. bined with today’s enormous and mains in a state of denial about all The worst example may be when Dr. unsustainable balance of trade deficits these cultural problems to which I Von Eschenbach ordered a meeting and a continuing erosion of our manu- have referred. A coherent action plan with the FDA staff after the press re- facturing job base, the consequences to address the problems is nowhere to ported information that was critical of could be catastrophic. be found. Dr. Von Eschenbach has told how the FDA handled safety issues That somber forecast has replaced me that there is room for improvement with the drug Ketek. I keep referring my hope and optimism of 6 years ago in the area of technology, but it does to Ketek because it is a drug involved to my deep regret. Following the wis- not appear that he understands the in the death of an 18-year-old boy in dom of ‘‘speak truth to power,’’ I depth and breadth of problems affect- Cedar Rapids, IA. As I understand it, present my truth to the world’s most ing the Food and Drug Administration. Dr. Von Eschenbach sent a clear mes- powerful legislative body, the U.S. Sen- The FDA is in serious trouble, and I sage at this staff meeting. Some sug- ate, and one of the two institutions am not the only one saying so. Over gested that this attempt was simply to that must act to keep our Nation the last year, we have heard from the boost morale among FDA employees, strong. I hope that you will. I will pray Government Accountability Office, the but some longtime FDA employees saw for your wisdom to discern what is Union of Concerned Scientists, and just it differently. They took his word that right, for your courage to act accord- a few months ago we had a scathing re- anybody who spoke ‘‘outside the locker ingly, and for your success on behalf of port from the Institute of Medicine. room’’ might find themselves ‘‘kicked our great Nation and the world. The Institute of Medicine completed off the team’’—literally. And I don’t Mr. President, I yield the floor, and I a $3 million, 15-month study and set blame them for taking offense at that. suggest the absence of a quorum. forth 25 recommendations. This report People are trying to do their job, and The PRESIDING OFFICER. The by the Institute of Medicine conveys a you talk about what is wrong and you clerk will call the roll. sense of urgency to fix the problems. might be fired for it? People like that The legislative clerk proceeded to Just last month at the Health, Edu- ought to be upheld and honored. In the call the roll. cation, Labor, and Pensions Committee final analysis, they ought to have their Mr. GRASSLEY. Mr. President, I ask hearing, the chairman of the Institute concerns addressed within the agency unanimous consent that the order for of Medicine committee that produced and not have to come to those of us in the quorum call be rescinded. the report said: Congress because they are not getting The PRESIDING OFFICER (Mr. If there ever was a time that it was critical any ear in the agency. So they took his VITTER). Without objection, it is so or- to address these issues, it is now. message to mean: Your career is in dered. The next Food and Drug Administra- jeopardy if you happen to come to Sen- Mr. GRASSLEY. Mr. President, for tion Commissioner must be a person ator GRASSLEY or outside the agency or one final time, I wish to address the who not only has excellent credentials, to any Member of Congress. To me, it nominee before us, Dr. Von as I have said he has, but who also will shows his poor judgment and intoler- Eschenbach, who is up for Commis- accept the criticism of the agency and ance for dissenting opinions and also sioner of the Food and Drug Adminis- develop coherent solutions. for what is basic to American govern- tration and who I think should not be Here is what the Institute of Medi- ment, that the public’s business ought approved for the position by the Sen- cine reported: to be public. ate. Dr. Von Eschenbach also told me The committee believes that cultural I have considered Dr. Von that he was a man of ‘‘discipline, rigor Eschenbach’s performance on the job changes are urgently needed to support a stronger, more systematic and more credible and precision.’’ Those are his words. He for more than a year now because he approach to drug safety in the Center of used those same words in a speech: was appointed Acting Commissioner in Drug Evaluation and Review and it rec- We will retain all the rigor, all the dis- September of 2005. In fact, over the last ommends solutions to the problems created cipline and all the precision of regulation, year I have closely monitored his ac- or exacerbated by the elements of the Cen- but our efforts will be geared so that things tions, reactions, and his public and pri- ter’s management, structure and environ- can move faster rather than slower.’’ vate comments to the FDA staff and to ment. We can all agree that new drugs and the public. Now a short quote: devices should be available to the pub- This nominee inherited a Food and Many have observed signs of an organiza- lic as soon as possible, but there is also Drug Administration plagued by cul- tional culture in crisis. the issue of safety and the protection tural and structural and personnel Another quote: of the public. The FDA must do its job problems, and I surely do not blame The Center’s leaders have to be prepared to and ensure that the drug’s benefits out- him for the problems, but I have to address the underlying cultural problems weigh its risks before approval. look at whether he is the person to cor- that divide and impair the optimal func- My other concern regarding Dr. Von rect those problems. Because this agen- tioning of the Center’s staff and effectively Eschenbach is that he assured me of cy is plagued by these cultural and use the existing and new authorities and re- his commitment to respond promptly structural and personnel problems, sources to achieve the Center’s public health to requests from Congress. That is a FDA is in desperate need of a leader, a and regulatory mission. promise which was never kept. So do I leader who can not only restore the These criticisms of the Food and have a reason to be concerned about public’s confidence in the agency but Drug Administration have come from this person, regardless of the very good also restore the agency’s confidence in outside the agency, not from whistle- credentials he has? My oversight of the itself. blowers reporting to me. But I also FDA has consequently been slowed by I met with Dr. Von Eschenbach more continue to hear from these employees inaction on the part of his agency. In than once. We talked, and he seemed to inside and also from managers inside fact, he has not responded to a letter I be very nice. He has, of course, without the Food and Drug Administration who sent to him 9 months ago, and my re- dispute, excellent credentials. He were concerned about the integrity of quests for interviews with some FDA promised me full cooperation in my the Food and Drug Administration’s officials were ignored for more than 3 oversight work I was doing and the in- work. What is also troubling is that months and some still have not been vestigations I was doing, but, in fact, it some of these employees have experi- scheduled. As Acting Commissioner, he did not happen. Instead, I had to issue enced intimidation or reprisals for has ignored congressional requests, and two subpoenas. So far, he has not com- voicing legitimate concerns. I do not expect that will change if he is plied with those subpoenas which were I have fought long and hard over the confirmed by the Senate. issued 7 months ago. This reflects a last two decades to protect the rights Before I close my remarks, I ask lack of respect for the authority of of numerous whistleblowers who expose unanimous consent to have printed in

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.049 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11424 CONGRESSIONAL RECORD — SENATE December 7, 2006 the RECORD the full text of a letter I entists working at the agency and a lack of prevention drug for dogs. Dr. Hampshire was sent to the Acting Commissioner in respect for the scientific process. reassigned following the drug company’s September. In February 2004, the FDA held an advisory presentation of findings from its private in- There being no objection, the mate- committee meeting to discuss whether or vestigation of Dr. Hampshire after the com- not there was a link between some pany met with then-Commissioner. It ap- rial was ordered to be printed in the antidepressant drugs and suicidal behavior pears the purpose of that investigation was RECORD, as follows: in children. Dr. Andrew Mosholder, the retaliatory and an effort to discredit Dr. U.S. SENATE, FDA’s expert on this matter, concluded that Hampshire. The company’s investigation led COMMITTEE ON FINANCE, there was a link. However, his FDA super- to a criminal investigation by the FDA; how- Washington, DC, September 20, 2006. visors disagreed and canceled Dr. ever, the investigation resulted in no action ANDREW C. VON ESCHENBACH, M.D., Mosholder’s presentation to the advisory taken against Dr. Hampshire. In fact, Dr. Acting Commissioner, U.S. Food and Drug Ad- committee. Instead, Dr. Mosholder was given Hampshire subsequently received an award ministration, Rockville, MD. a script by his supervisors to read if he were for her job performance related to ProHeart DEAR DR. VON ESCHNBACH: As a senior asked why he was no longer presenting be- 6. member of the United States Senate and as fore the advisory committee. Unfortunately; it appears that Dr. Hamp- the Chairman of the Committee on Finance Similarly, in February 2005, Dr. David shire is not the only FDA employee who was (Committee), it is my constitutional duty to Graham was finishing a study on Medicaid the target of a company’s campaign to dis- conduct oversight into the actions of execu- patients taking COX–2 inhibitors and was credit individuals who may present impedi- ments to its agenda. Two months ago, I tive branch agencies. For nearly three years, told by his supervisors that he could not wrote to the Department of Health and I have been investigating matters related to, present his findings regarding these drugs at Human Services Office of Inspector General among other things, the safety and efficacy an upcoming advisory committee meeting. (HHS OIG) to investigate whether or not one of products regulated by the Food and Drug The scientific process ultimately prevailed, or more FDA employees conspired with Administration (FDA or agency). but only after then-Acting Commissioner Merck to discredit Dr. Graham and/or call I have reviewed and questioned how the Lester Crawford overruled Dr. Graham’s su- into question Dr. Graham’s allegations re- FDA handles the pre-market review and pervisors to allow him to present his find- garding the safety and efficacy of Vioxx. postmarket surveillance of drugs, biologics, ings. This was not the FDA’s first attempt, FDA’s handling of the antibiotic Ketek is an- devices and veterinary medicines to assess however, to muzzle Dr. Graham. Several other example where the FDA appears to whether or not the agency is fulfilling its months prior to the advisory committee have accommodated a drug company despite mission to protect the public health. Addi- meeting, Dr. Graham went public with alle- the fact that the company submitted fraudu- tionally, I have worked to give voice to the gations about the FDA’s mishandling of the lent data from a safety study to the FDA and concerns of a number of rank-and-file sci- COX–2 inhibitor Vioxx, which was manufac- repeatedly provided incomplete safety infor- entists and FDA managers who share a com- tured by Merck & Co, Inc. (Merck). Accord- mation. What baffles me even more is the mon complaint: a deep-seated cultural divide ing to Dr. Graham himself, as well as infor- fact that the FDA continued to cite Study exists within the FDA, and it has led to sys- mation and documents obtained by the Com- 3014 in publicly released safety information temic problems that plague the agency. To- mittee, senior FDA officials attempted to infor Ketek even after its Division of Scientific gether we have shed sunlight on how fre- timidate him so he would not testify about Investigations concluded that Study 3014 in- quently differences of scientific opinion are the adverse cardiac effects of Vioxx before volved ‘‘multiple instances of fraud’’ and quashed, the nature of the cozy relationship Congress. The FDA also tried to prevent the that ‘‘the integrity of data from all sites in- between the FDA and the industries it is sup- publication of Dr. Graham’s findings in Lan- volved in [the] study . . . cannot be assured posed to regulate, and the failure of the cet. with any degree of confidence.’’ agency to be adequately transparent and ac- In July 2005, the FDA approved the Vagus PRESSURE TO ALTER OR EXCLUDE INFORMATION countable to the public. Nerve Stimulation (VNS) Therapy System, a Not only has the FDA disregarded and Others also have identified serious leader- medical device for treatment-resistant de- downplayed important concerns and warn- ship problems at the FDA. Editorial pages of pression (TRD), even when FDA scientists ings from its own scientists, but FDA super- publications across the nation, including a could not determine if the device worked. visors have also pressured some of these sci- number of the most esteemed scientific jour- Rather than allow the scientific process to entists to change their findings or conclu- nals, have recognized and expressed outrage dictate FDA’s decision, a senior FDA official sions regarding the safety and/or efficacy of at the FDA’s failures in recent years. The overruled a team of more than 20 FDA sci- a product. Most notably Dr. Mosholder and Government Accountability Office (GAO), entists, medical officers, and management Dr. Graham, among others, have been pres- the independent and non-partisan agency staff who recommended against approval of sured by their supervisors to soften their that works on behalf of Congress and the the device based on their comprehensive sci- safety findings or conclusions regarding American people, has also identified serious entific evaluation of the sponsor’s applica- antidepressants and Vioxx, respectively. In and systemic problems at the FDA. Still, the tion. In addition, while the FDA has pub- addition, a survey released by the Union of most powerful messages come from the in- licized differences of scientific opinion with- Concerned Scientists (UCS) and the Public creasing numbers of current and former FDA in the agency regarding controversial regu- Employees for Environmental Responsibility personnel, who often come forward at great latory decisions in the past, in this case, the (PEER) on July 20, 2006, found that approxi- personal and professional expense to express FDA did not publicize scientific dissent re- mately one-fifth of the nearly 1,000 FDA sci- their disenchantment that the FDA has lost garding the effectiveness of the VNS Ther- entists surveyed said that they had been its way and ‘‘sold out’’ to the industries it is apy System for TRD. asked, for nonscientific reasons, to inappro- charged to regulate. More recently, my office was approached priately exclude or alter technical informa- In the face of such criticism, the FDA ap- by yet another FDA scientist who is being tion or their conclusions. One-fifth said that pears to be focused on damage control rather prohibited from submitting an article to a they have been asked explicitly by FDA deci- than addressing its core problems. As a major scientific journal despite the fact that sion-makers to provide incomplete, inac- science-based agency, the FDA is remarkable an appropriate disclosure statement would curate or misleading information to the pub- for its lack of introspection, second-guess- be made. lic, industry, the media and government offi- ing, and failure to assess its own perform- COZY RELATIONSHIP WITH INDUSTRY cials. My Committee staff are presently re- ance and capabilities in a systematic way. I have frequently criticized the FDA for its viewing such allegations in ongoing inves- Despite all the recent criticism, the agency relationship with the industry, which I be- tigations. does not have a comprehensive plan of action lieve is far too cozy. The FDA needs to dis- PRESSURE TO APPROVE PRODUCTS in place to address its weaknesses. Instead, tance itself from the industry and return to the FDA comes off as an agency in denial Throughout numerous investigations by its role as regulator, not a facilitator. De- that chooses to keep its head in the sand in my Committee staff, FDA employees have spite findings from a Merck study that heart the hope its problems will go away. I am also stated that they are under constant attacks were five times higher for Vioxx pa- writing this letter to encourage you to es- pressure to approve drugs within deadlines tients than for patients on another drug, tablish and implement a resuscitation plan established by the Prescription Drug User nearly two years passed before label changes to restore the FDA’s credibility in the mind Fee Act. For example, during the Commit- were made. The overriding concern of the of its own employees and the American pub- tee’s investigation into the delay in labeling FDA should have been the health and safety changes regarding blindness risks for Viagra, lic. An agency that hemorrhages whistle- of the American people. However, while the the safety evaluator for that drug informed blowers is an agency needing critical care. FDA was negotiating label changes with the my staff that the Office of New Drugs is The following concerns are by no means company, patients and doctors remained under such time pressure to approve new comprehensive, but they illustrate several largely unaware of the cardiovascular risks. drugs that safety concerns were often ‘‘fit common themes of my oversight of the FDA. In addition, Merck was aggressively mar- in’’ wherever they could. According to a sur- SUPPRESSION OF SCIENTIFIC DISSENT keting Vioxx during that time. vey by the HHS OIG in 2002, nearly one in I am very troubled by FDA’s attempts to Another troubling example of FDA’s cozi- five scientists polled said that they had been suppress scientific dissent by muzzling its ness with industry is the removal of Dr. Vic- pressured to approve or recommend approval own scientists. Such actions by the FDA toria Hampshire, a drug safety reviewer, of a new drug despite concerns about its safe- show a lack of respect for the dedicated sci- from the review of ProHeart 6, a heartworm ty, effectiveness, or quality. This needs to be

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.050 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11425 corrected immediately, and FDA needs to re- sioner, to turn things around and restore we are so pleased, so grateful for that sume its science-based mission. public confidence in the FDA. I sincerely kind of response. ATMOSPHERE OF FEAR OF REPRISAL hope you seize the opportunity to do just The process has gone well. As I said, According to the FDA, there are regula- that. I was in there for a month. I have gone Sincerely, tions and procedures in place to help resolve through the chemo, I have gone organizational and individual disagreements. CHARLES E. GRASSLEY, Chairman. through the other activities and may However, my Committee staff continues to have to go back for some additional Mr. GRASSLEY. The letter lays out hear from FDA employees who experience in- treatments, but the fact is I am out, timidation and reassignments when they the major problems at the FDA. I en- my blood cell count is up, and I am raise concerns about the integrity of FDA’s courage my colleagues to read it and, work. In addition, the 2006 UCS and PEER very positive. maybe more important, emphasize I want to urge people to be very care- survey found that over one-third of the FDA again reading the Institute of Medi- scientists who responded to the survey said ful about their own health, and when cine’s criticism of the Food and Drug they could not openly express any concerns there are signs of problems, to be sure about public health within FDA without fear Administration. they take care of them because Be- of retaliation. Moreover, the GAO found that The FDA needs a permanent commis- thesda was a wonderful place for me to the dispute resolution processes for disagree- sioner to tackle these problems. Unfor- be. ments over postmarket drug safety decisions tunately, I believe the nominee is not Again, my real purpose here is just to ‘‘have not been used and may not be viewed the person for the job. Over the past as sufficiently independent.’’ express my gratitude for all the kind year, the nominee has failed to step to feelings I have had from the staff and Your recent meeting with FDA staff in- the plate and failed to keep his assur- volved in the review of Ketek is a disturbing from the Members of the Senate, and I example that FDA’s internal dispute resolu- ances to me. He has said the agency appreciate it very much. It has been tion processes are not working. Instead of re- needs to be a facilitator, but think very helpful, and I am grateful. assuring FDA employees that they can raise what the word ‘‘facilitate’’ means or I suggest the absence of a quorum. concerns without being subjected to retalia- what ‘‘being a facilitator’’ means. It The PRESIDING OFFICER. The tion or intimidation, the meeting itself ap- could mean a cozy relationship be- clerk will call the roll. pears to be an act of intimidation. Scientists tween the FDA and industry. What is The legislative clerk proceeded to who speak up about problems and concerns, called for is someone who recognizes call the roll. whether internally or externally, help ensure that the FDA is supposed to be a regu- that our government operates efficiently, ef- Mr. WARNER. Mr. President, I ask fectively, and in the best interest of the lator, not a facilitator. unanimous consent that the order for American people. FDA employees need to I am also afraid he will allow FDA the quorum call be rescinded. hear from the leader of the agency that they management to continue pressuring The PRESIDING OFFICER. Without can freely voice their concerns without fear FDA scientists to change their findings objection, it is so ordered. of reprisal. or conclusions and to approve the prod- HONORING SENATORIAL SERVICE ORGANIZATIONAL CHALLENGES ucts despite concerns about the safety Mr. WARNER. Mr. President, I have The GAO report released on April 21, 2006, and efficacy of the product. Dr. Von had the privilege of being here for the calls for long overdue reform at the FDA. Eschenbach is not prepared to provide 28th year beginning shortly. I cal- Under the current FDA review system, pa- the leadership necessary to restore culated not long ago that I have served tient safety takes a back seat to the fast ap- confidence in the FDA. with 261 individuals. I am not about to proval of products. For example, the drug Given these concerns, I hope my col- try and review all of the many magnifi- safety office, now known as the Office of Sur- leagues will take them in consider- veillance and Epidemiology, is under the cent friendships I am privileged to thumb of the Office of New Drugs (OND), ation before they vote. I intend to vote have through these years. Indeed, if which is hampered by real and perceived con- no. I hope my colleagues will so that one looks at the rewards, of which flicts of interest. According to the GAO re- we can have a person in this position there are many serving in this historic port, the drug safety office is under-funded, who will change the culture but also institution, the Senate, it is the per- lacks independence and lacks decision-mak- cooperate with the constitutional re- sonal bonds, the friendships that we so ing responsibility. OND—which is respon- sponsibilities of the Congress of the firmly cement and that will last a life- sible for approving or disapproving drug ap- United States to oversee the executive time as a consequence of our duties of plications in the first place—is the office re- branch. sponsible for taking regulatory actions re- serving the United States of America lated to the safety of drugs already on the I yield the floor. and in our respective States. market, not the drug safety office. The PRESIDING OFFICER. The Sen- We are called ‘‘United States’’ Sen- To improve the decision-making process ator from Wyoming is recognized. ators. I often believe it is the first obli- for postmarket drug safety, the GAO has rec- Mr. THOMAS. Mr. President, I would gation, our Nation, the Republic for ommended that Congress expand the FDA’s like to take just 5 minutes as in morn- which it stands. authority to require drug companies to con- ing business. GEORGE ALLEN duct postmarket studies when additional The PRESIDING OFFICER. Without For my colleague now of 6 years, data is needed. A number of us in Congress objection, it is so ordered. have repeatedly asked the FDA what addi- GEORGE ALLEN, this will be his last tional authorities and/or resources are need- GRATITUDE FOR EXPRESSIONS OF CONCERN service as a Senator as this brief ses- ed to enable the agency to achieve its mis- Mr. THOMAS. Mr. President, I come sion closes. I have said it before, I will sion. In a related matter, during private to the Senate floor to express my grati- say it again and again, I rank him at meetings with FDA management, the need tude for the response I have gotten the very top of the 261 Senators I have to have pharmaceutical companies submit over the last month from my friends been privileged to serve with these their applications for new drugs and other and neighbors in the Senate. requests electronically comes up repeatedly many years. as critical to improving the efficiency and As many of you know, about on elec- In fact, I have looked back at the his- effectiveness of the FDA. Yet, the FDA con- tion day I was diagnosed with leu- tory of Virginia and would like to note tinuously denies the need for greater author- kemia, and I have spent the last month for the record that my colleague, ity and resources. Why the FDA is resisting in the hospital. I got out last Saturday, GEORGE ALLEN, is one of only five Vir- such offers from Congress is a mystery to and I am now back on the job, and I am ginians to have served in the Virginia me. very delighted to do that. Certainly General Assembly, as Governor, as a LACK OF LEADERSHIP Susan and I wish to express our real Member of the House of Representa- The FDA has been without a permanent thank-you for all the comments and tives; and as a U.S. Senator—the first leader more often than not in recent years. contacts, expressions of hope, and in more than 150 years of our State’s The agency needs and deserves a strong, per- prayers we have gotten from the Mem- history. manent Commissioner who is unequivocally bers in the Senate. It is very meaning- Together, we have shared a long his- committed to the scientific process and can ful. It is the first time I have been tory of serving the people of Virginia— make the administrative reforms necessary to ensure greater transparency and account- through a thing of this kind, and I can I as a Senator and he as a member of ability. While you are not the permanent tell you that it means a great deal. We the Virginia House of Delegates, House Commissioner of the agency, you are never- also got literally hundreds of com- of Representatives, Governor, and U.S. theless in the position, as Acting Commis- ments from our voters in Wyoming. So Senator. I remember participating in

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.009 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11426 CONGRESSIONAL RECORD — SENATE December 7, 2006 his first campaign and all the succes- portant to Virginians, and I think to you took your own salary and you sive campaigns. GEORGE ALLEN served most Americans, first and foremost the bought school supplies which were nec- the Commonwealth of Virginia in pub- preservations of our freedoms, a strong essary for teaching and the profession lic office for 25 years. How well I know. national defense, a right to work, to you are in, you get a $250 above the I campaigned for him when he ran for hold a job and to compete fairly, to line deduction—a small amount of the State legislature, then for the Con- hold that job and to advance, to have a money, but a great sense of satisfac- gress, then for Governor, and he won system of health care that did not tion. those elections handily. Then he ran serve only those more affluent than GEORGE has been a strong member of for the Senate. It was a tough race. others but would serve any individual the Commerce and Foreign Relations Tough because he was up against a who suffered from pain or the need for Committees seeking to make our na- very able opponent, a man whom I ad- medical attention. tion a better place for business, ulti- mire, a man with whom I have served We have joined together in countless mately creating more economic oppor- with in this Chamber. But the voters of efforts for Virginia’s communities; tunity for all Americans. Virginia—and therein rests the final helping to fund museums, youth cen- We joined together after the tragic decision—sent GEORGE ALLEN to the ters, innumerable infrastructure events of September 11, 2001, to try to Senate where I believe he has served projects, and research at our colleges help the people of Northern Virginia with great distinction. and universities. We also worked to- and indeed all America respond and re- I have been privileged to share the gether on the Teacher Tax Relief Act. cover. warmth and vigor of this magnificent I am very hopeful if we pass this tax We worked on behalf of the men and man with his lovely wife Susan and package, there will be a provision that women of the Armed Forces. How their children, Tyler, Forest, and GEORGE and I worked on together for proud we are in the Commonwealth of Brooke. What a privilege, a joy for me many years, to be extended in statute; Virginia of the extensive number of to see them as they have grown nour- and that is, the Teacher Tax Relief bases and institutions of the U.S. mili- ished by the love of two strong parents. Act. I will never forget, I was down vis- tary which we are privileged to have. In 1981 he was elected to the Virginia iting a small school. And as is so often There is no greater responsibility of House of Delegates to the seat once the case, you are rushed through, and the Congress of the United States than held by his philosophical inspiration, the teachers and the principal want its specific—specific—obligation under Thomas Jefferson. Throughout his ca- you to meet as many students as you the Constitution. As my great teacher reer in public office, GEORGE ALLEN has possibly can. It is always quite inter- and mentor, Senator BYRD, so often has consistently been guided by that same esting to do that. told me, that is to provide for the care I remember I was rushed into one inspiration of smaller government and and the welfare, and to raise the ar- class, and I think they were first grad- individual freedom. He has also been mies and maintain the navies that this driven by the thoughts of two other ers. They were all sitting on the floor, Nation requires. GEORGE ALLEN has and the principal said: You have a few leaders important to him; Ronald been a partner with me as we have minutes. So I started talking away, Reagan who said ‘‘If not us who, if not done those things for these many and I asked the first graders: Is there a now when?’’ and his father who always years. told him ‘‘The future is now.’’ question you might have? And this ab- In life we go through a series of Throughout his career in public serv- solutely magnificent little girl, who stages. We are raised and nurtured by ice GEORGE has worked as an advocate sat there riveted to every word I spoke, our parents, receive an education, raise of economic development, recruiting looked up and said: Yes. My question a family of our own, and serve in var- companies to Virginia and espousing is, how much longer must we sit here ious careers. GEORGE LLEN policies to create jobs. As Governor, he until the Senator comes? Well, you A and his oversaw the creation of 312,000 new jobs don’t forget those things. And I had family have been public servants to the in Virginia by making the Common- difficulty answering the question, I was people of Virginia and America for the wealth a better place to do business. He so taken aback. I felt I was universally past 25 years. The people have been for- reformed the parole system to keep re- recognized, but it is not the case in the tunate to have such a dedicated Dele- peat offenders off our streets and out of first grade. gate, Congressman, Governor, and U.S. our neighborhoods. His welfare reform Then I was in another classroom, and Senator. I am proud to have served set the stage for the Congress to act to for some reason I—I went through with this man and to call him my help people get back on their feet and basic engineering school, and I have al- friend all these years. Therefore, I bid get back to work. He implemented the ways been interested in pencils and him a fond farewell from this institu- Standards of Learning in our schools to writing instruments—and I saw a pen- tion. But I look forward to working make sure all of our children receive cil, a rather fancy one, and I picked it with him as he goes on and accepts the same quality education. up, and the teacher saw that I liked it, challenges perhaps even greater than I remember well our first effort to- and she said: Take it. Keep it. I said: the ones he had in the years that he so gether when he came to the Senate in Oh, no, I don’t take any gifts or any- loved serving in this Chamber. 2001. As is often the case here in the thing. You know, we have rigid rules in The people of Virginia spoke, and Senate, there had been some problems the Senate, and nobody is going to GEORGE ALLEN, with great courage, confirming a federal judge who was ul- bribe me with a pencil. And she said: took that decision and quickly said: I timately recess appointed in late 2000. Oh, please, please, please. It is not understand. He accepted it and has We came together and worked with the school property. I said: Oh? She said: gone on about his business. President to bring his nomination back Yes. Senator, you must understand I would also like to pay tribute to to the Senate and as a result, Judge that as teachers—and this is prevalent nine other United States Senators who Roger Gregory was confirmed by the not only in Virginia but it is prevalent will retire from the Senate in the com- Senate to become the first African all across the land, particularly among ing days. American seated on the Fourth Circuit teachers in the elementary grades—we I have previously spoken in honor of of the U.S. Court of Appeals. have to take part of our own salary to my colleague from the neighboring We were working partners. We shared buy what we deem are the essential state of Maryland, Senator PAUL SAR- everything—our staffs work together, tools that are needed to educate our BANES. Since my first days in the Sen- our wives work together—and we criss- students. ate, Senator SARBANES and I worked crossed this State from one end to the Well, I just could not believe this, be- together on a host of important re- other over those 6 years. When either cause teachers are not among the more gional initiatives, including: the res- GEORGE ALLEN or I felt, for whatever well paid. So GEORGE ALLEN and I toration of the Chesapeake Bay; im- reason, we could not keep an appoint- fought for years to get the Teacher Tax provements to our Metro system; the ment somewhere in the State, one Relief Act signed into law. It is on the creation of the office of the National would fill in for the other. books, and we need to extend it, and I Capital Region Coordinator; and on We were quite parallel in our think- am optimistic that will be done. But it funding for the construction of the new ing, the philosophy, the things so im- simply says, if you can establish that Woodrow Wilson bridge. His retirement

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And he said: Here we are, a couple waste, that plague our urban areas. ments to salute our majority leader— of lowly captains, and now it is our re- This law is already producing results in Senator FRIST—as well as Senators sponsibility. Let’s square our jaws and improving neighborhoods and bringing CHAFEE, BURNS, SANTORUM, DEWINE, stick out our chins, get this job done, new industries back to urban areas. JEFFORDS, TALENT, and DAYTON. Each and provide the leadership that these Senator CHAFEE was also a leading and every one of these U.S. Senators men and women of the Armed Forces voice in fostering bipartisanship in the has served his State and his country so richly deserve. Senate, and was an active member of with great distinction. John Chafee was an absolute teacher our informal group of Senators known Without a doubt, I could speak at- and mentor of mine in every way dur- as the Gang of 14. We were a group of length in honor of each of these out- ing those years we worked together in seven Republicans and seven Demo- standing individuals. In light of time the Department of Defense. He would crats, but we had no formal standing in constraints, however, and the fact that take his trip to Vietnam. I would stay the Senate. We would meet regularly so many of my colleagues wish to simi- back and man the store. He would re- to share our thoughts on judicial nomi- larly pay tribute, I shall endeavor to turn, and I would take my trip. We had nees pending on the Senate Calendar to keep my remarks brief. problems throughout the world. It was ensure that the Senate could continue First, I would like to say a few words in the middle of the Cold War with the its responsibilities under article II, sec- about our distinguished majority lead- Soviet Union. John Chafee was a mag- tion 2, of the U.S. Constitution—the er, Senator BILL FRIST. You know, in nificent man. He had been Governor of advice and consent clause. Senator this post-September 11, 2001, world, we the State of Rhode Island three times, CHAFEE was an integral part of this ef- think of national security as the most and he was a magnificent leader of the fort which allowed candid and respect- important issue of the day. Certainly, men and women of the Armed Forces. ful discussions of the qualifications of BILL has worked hard in that area over He decided that he was going to move individuals to serve in the federal judi- the years—not only as majority leader on and consider running for the Senate, ciary and prevented the continued use but as a hard-working member of the and resigned, and I succeeded him then of party-led filibusters on judicial Senate Foreign Relations Committee. as Secretary. But I never lost the feel- nominees except in extraordinary cir- But, right behind national security ing that he was right there, should I cumstances. comes the issue of the health of our need him to help carry out my duties. LINC CHAFEE will be remembered in citizens, and BILL FRIST has been at And then, as luck and good fortune this institution for his independence. the forefront of every major piece of would have it, he came to the Senate, We all fight to try to maintain that health care legislation during his 12 and not too many years thereafter I independence. We are respectful of our years in the Senate. came to the Senate and once again party leadership. We are respectful of Whether it has been ensuring that joined him. our party affiliations. We know the de- America’s seniors have access to a I will never forget my first day in the mands of our State. But there are sorely needed Medicare prescription Senate he came up to me and said: Do drug benefit or whether it has been his you remember I was Secretary and you times when we feel we must act and efforts to encourage the use of new were Under Secretary? I said: Yes, sir. make decisions that reflect our own in- technology in medicine so that the He said: Well, that’s the way it’s going nermost feelings of independence, and knowledge of one doctor in one part of to be here for a while. You listen to LINCOLN CHAFEE will be remembered the world could help a doctor and a pa- what I say and what I do, and I will for that. As Senator CHAFEE prepares to de- tient in another part of the world, BILL give you some advice as we go along. part the Senate, I thank him for his FRIST has improved the healthcare sys- That was the kind of man he was. I tem for all Americans. never heard him speak a harsh word meaningful contributions to the Sen- The Senate will no doubt miss BILL about any other colleague. But he ate, and wish him, his wife Stephanie, FRIST’s leadership, but I have no doubt achieved his special niche in this insti- and his children, Louisa, Caleb and that his public service will continue, tution through his absolute love for Thea, ‘‘fair winds and following seas.’’ particularly his heartfelt healthcare the environment as well as the men Now, Mr. President, I wish to say a work in impoverished areas of the and women of the Armed Forces. Those few words about CONRAD BURNS. Sen- world. I wish him, and his magnificent were the two things on which he ator CONRAD BURNS has an impressive wife Karen all of the best in their fu- worked. And as luck would have it, his record of public service, beginning with ture. son came to join us, and he has so his service in the U.S. Marine Corps Now, I will speak a few words about many of those magnificent attributes from 1955 to 1957. CONRAD has served our colleague LINCOLN CHAFEE. I have of his father and his mother. An abso- the great State of Montana with dis- known the Chafee family for many lutely magnificent human being, his tinction in the U.S. Senate since 1989. years, and count the late John Chafee mother, and all his family, as a matter I will never forget when his first and his wife Virginia as my dearest of fact. campaign came along, I was asked to friends. It is my honor to share with my col- go out and campaign with him. I ac- The year was 1969, this country was leagues some of the important accom- knowledged I would do it. I didn’t know engulfed in a war in Vietnam, and I plishment of LINCOLN CHAFEE during him, so I went on out to Montana. I was privileged to be asked to serve as his 7 years as a member of this body, had been in Montana in earlier years. I Under Secretary of the Navy. I was and to personally express my apprecia- had been actually an employee of the told that the Secretary of the Navy, tion for his service to our country. U.S. Park Service and had been a fire- who would be my boss one step up, Senator LINC CHAFEE came to the fighter out in Montana in 1943 and then would be a man named John Chafee, Senate from local government serving again in 1947, I think it was. former Governor of the State of Rhode on the city council and later as mayor Most recently, in August I toured Island. of Warwick. I believe it is this experi- Malmstrom Air Force Base with Sen- I will never forget we both served in ence of leading a major city that so- ator BURNS. On this tour, I saw first- the Marines, at different times. He was lidified his commitment to fiscal re- hand the love and pride that Senator a captain and I was a captain in the sponsibility. In his service in the Sen- BURNS has for the people of his State. Marine Corps Reserve, and we met on a ate he was steadfast in his belief to re- As a senior member of the Senate De- cold day in February outside the Pen- store controls on the federal budget fense Appropriations Subcommittee, he tagon, shook hands, and walked up- and to promote responsible government has worked tirelessly for the men and stairs. And there we were greeted by spending. women in the Armed Forces. the Commandant of the Marine Corps We were privileged to serve together And old CONRAD—he embodies all of and the Chief of Naval Operations. on the Committee on Environment and those great qualities of Montana. Talk

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In conclusion, over the years I have a room and he would tell a story, talk While Senator JEFFORDS legislatively served with each of these 10 Senators, to his people. had many interests, I believe that im- each has not only been a trusted col- He loves every square foot of that proving the education of our children, league, each has also been my friend. I State. And I shall miss him. I shall particularly children with special will miss serving with each of them in dearly miss CONRAD BURNS. We have to needs, is the issue most dear to his the Senate but know that each will have a few characters around here who heart. I remember him time and time continue in public service in some ca- do our duties and accept our daily again on the floor of the United States pacity. I wish each and every one of bread, and he is one. And you could Senate pushing for increased funding them well in the years ahead. kind of go to the bank on what he told for the Individuals with Disabilities Mr. President, I see a number of col- you. He was never at a loss for telling Education Act, IDEA. And, I remember leagues here anxious to speak, and I a story to cheer up a colleague. When- joining him, and others, in pushing have taken generously of the time the ever he felt that colleague was a bit hard for mandatory IDEA funding after Presiding Officer has allowed me to down, CONRAD would cheer that col- it became clear that the Congress speak. league up. He and his lovely wife and would be unable to fulfill its funding I yield the floor. The PRESIDING OFFICER. The Sen- family will go on to other challenges. commitment through the discretionary Senator RICK SANTORUM has an im- ator from Florida is recognized. funding process. While, to date, we Mr. NELSON of Florida. Mr. Presi- pressive record of public service. Sub- have not achieved full funding, it is sequent to his service in local and state dent, I am mindful that the majority without question that JIM JEFFORDS’ leader will be coming here in approxi- government, he was elected to the Senate career has left a lasting, posi- United States House of Representa- mately 6 minutes to speak, and I am tive imprint that will improve Amer- looking forward to his comments. tives. In 1994, RICK was elected for the ica’s education system for years to Mr. President, I want to say that one first time to the United States Senate. come. of the great delights of being a part of From his first day in the Senate until Over the past 4 years, I have been for- the Senate is to sit at the knee of such 2002 we had the opportunity to serve tunate to have been given the oppor- great leaders, such as the senior Sen- together on the Senate Armed Services tunity to work closely with JIM TAL- ator from Virginia, and to learn from Committee. Throughout his time on ENT on the Senate Armed Services him and to hear the stories that so that Committee, and since he left the Committee. Since his first day on the often he can weave into any cir- Committee, RICK could always be Committee—JIM TALENT has been one cumstance that is facing us, that has counted on for his deliberate and rea- of the hardest working Committee some application of a story he had en- soned decisionmaking to ensure the members. countered in the past. I thank him for best possible policies for the men and As chairman of the Seapower Sub- his leadership. I thank him for his con- women in the armed forces. Since 2001, committee, Senator TALENT has been tribution. And I thank him for being a Senator SANTORUM has also played an at the forefront of the Committee’s ef- mentor to so many of us in this Senate. important role in the Senate leadership forts to strengthen the Navy’s ship- WATER RESOURCES DEVELOPMENT ACT as Republican conference chairman. As building program, working closely with Mr. NELSON of Florida. Mr. Presi- conference chairman, Senator the Chief of Naval Operations in the dent, in the remaining moments here, I SANTORUM has tirelessly represented formation of the CNO’s plan for a 313- want to say one of the things this Sen- the Republican Party as the party ship Navy. He showed steadfast deter- ator will address in the next Congress spokesman. There is no doubt in my mination in working with the adminis- is the fact that we did not pass a Water mind that RICK SANTORUM’s passion, tration and the Congress to secure the Resources Development Act, which has enthusiasm, and leadership will be funding required to build the future so many important projects for this missed here in the Senate. Navy; spearheading the effort to raise Nation. We have not had a Water Re- Senator MIKE DEWINE has been in the top-line for shipbuilding by over 20 sources Development Act bill since public service nearly his entire adult percent during the course of his tenure 2000, and we are suffering for it. life. He was an assistant prosecuting as Seapower Chairman. As to this great ecological restora- attorney, he has held various state Senator TALENT has also been pas- tion project down in my State, the elected positions, he was a member of sionate in his support for the needs of Florida Everglades Restoration the U.S. House of Representatives, and our brave men and women in uniform; Project, there are two critical projects most recently, since 1995, he has served championing quality-of-life and qual- in this WRDA bill—the Indian River the state of Ohio in the U.S. Senate. I ity-of-service initiatives. Most notably, Lagoon and the Picayune Strand. The am pleased to have served on the HELP he has been a strong advocate for legis- Indian River Lagoon is a 156-mile-long Committee with Senator DEWINE lation that will put an end to preda- estuary that I grew up on as a boy. It where we worked together on various tory lending practices against military runs from basically just north of Cape children’s health issues. There is not a personnel and their families. Canaveral all the way south to Palm bigger champion of children’s health Senator DAYTON was elected to the Beach County. It has been altered by than Senator DEWINE. Senator DEWINE Senate in 2000, and throughout his unnaturally large and poorly timed was also an instrumental member with years in the Senate I have had the freshwater discharges arising out of me on the Gang of 14. Throughout his privilege of serving with him on the the St. Lucie Canal. They have altered years in the Senate, Senator DEWINE Senate Armed Services Committee. As the water quality and depleted the has proven to be a thoughtful, highly a hard-working member of that Com- water supplies in the Everglades eco- respected member who has always been mittee, MARK was a strong advocate system. So that is one project that is willing to do what is right. In my view, for our armed forces. Notably, he was a going to be necessarily addressed in the he is a true statesman. strong supporter of increasing the new Congress. There are many compo- From 1956 to 1959, Senator JIM JEF- death benefit gratuity for survivors of nents to that project. The Everglades FORDS served in the United States deceased members of the Armed Forces restoration is an $8 billion project over Navy. He later served in the Naval Re- from a little more than $12,000 to 20 years, shared by the Federal and the serves. In 1989, after JIM had served the $100,000. Thanks in part to his efforts, State governments. citizens of Vermont in State positions this increased death benefit gratuity is The other major project—I will close and in the United House of Representa- now law. with this—is the Picayune Strand res- tives, JIM was elected to the United Senator DAYTON also reached across toration project. It is going to remove States Senate. In the Senate, I have the aisle and worked closely with me in roads and canals and other infrastruc- been pleased to work closely with him, support of efforts to provide Medicare ture to increase freshwater flows. It en- particularly in serving with him on the beneficiaries with a prescription drug compasses 94 square miles in Collier

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.054 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11429 County, FL, and it includes such things this body, 12 years ago with a whole lot here in this town. And they have grown as the Florida Panther National Wild- of hope for the people of Tennessee and from three young boys when we came life Refuge, the 10,000 Islands National a whole lot of hope for this country. I here to three young men. Wildlife Refuge, and many others. think back to the people who put their I want to thank staff members, and These ecosystem protections and al- trust in that man’s hands. we never do that enough, those staff terations are absolutely necessary for Indeed, it was 12 years ago that members who have been with me from the future of keeping this beautiful Karyn and I came to Washington. I the very beginning: Emily Reynolds, planet Earth and protecting this very came as a citizen legislator with abso- Ramona Lessen, Bart VerHulst, Cornell fragile ecosystem. lutely no, no political experience. I was Wedge, Mark Winslow, and Carol Bur- BUILDING CONSENSUS a doctor. I spent 20 years in the profes- roughs. I thank my series of chiefs of Mr. NELSON of Florida. I thank my sion of healing. In my acceptance staff: Mark Tipps, Lee Rawls, Howard colleagues for allowing me the time. As speech back 12 years ago, I pledged at Liebengood, Eric Ueland, Andrea Beck- we are awaiting the majority leader to that time to my fellow Tennesseans er, Bart, and Emily, and all those who arrive, I might say that since many that Karyn and I would go to Wash- have come in and out of these doors Senators are here, I want them to ington, that we would serve for 12 since that very first day 12 years ago know what a great privilege it has been years, for a limited amount of time, when, yes, I, like somebody every for this Senator to serve with each of and that we would go back to Ten- cycle, was 100th in seniority. It is the you and to serve in a bipartisan way. nessee and live under the laws that we staff that puts the needs of this coun- One of the messages of this election I helped enact. And that is exactly what try before their own needs. And with a have just come through is that people we will do. We are going to go back to lot of hard work and a lot of passion do not want this partisan bickering Tennessee in a few weeks, and I am and a lot of hope, they have accom- they have seen. They want us to come going to live in the very same house plished so much. together, to build consensus, to per- that I was born in 54 years ago. A few moments always stand out in form, and to do it in a bipartisan way. I still remember coming to the Hill my mind, and I will not recite all of This Senator is dedicated to doing that early on, and I know a number of new them, but a few do stand out in my from now on. colleagues are coming to the Hill. I mind, victories like the $15 billion in I yield the floor. think back, and my former chief of funding for global HIV/AIDS, which I Mr. REID. I suggest the absence of a staff, who was very green at the time— have seen firsthand the power in the quorum. I just told you how green I was at the hundreds of thousands and, indeed, I The PRESIDING OFFICER. The time—I remember standing right in would say millions of lives that have clerk will call the roll. front of the Capitol, and we had to stop been saved by American leadership The legislative clerk proceeded to somebody and ask: Where is this build- there; the prescription drugs for sen- call the roll. ing called the Russell Building? And iors; confirming John Roberts and Sam Mr. FRIST. I ask unanimous consent they told us. Luckily, I don’t think Alito. that the order for the quorum call be they knew who I was at the time. And through all of this time, we have rescinded. But I did come believing deeply in borne witness to days that have lit- The VICE PRESIDENT. Without ob- the promise that I had made. I believed erally changed the face of this Nation jection, it is so ordered. in my heart that with determination— and the face of this Capitol, things like f and I had seen it in surgery and in the the Capitol shootings, operating room—one can make a dif- September 11, anthrax and ricin, and FAREWELL TO THE SENATE ference in this world. Today, I look Katrina. But through all of that, we Mr. FRIST. Mr. President, about 2 back and I see that I was only half kept it the best way we could, with months ago, late Sunday afternoon, right. One person can make a dif- hard work and a lot of hope. when no one was around, I came into ference, and each of us do in our own I thank my colleagues who placed this Chamber to carry out a time-hon- ways. But to make a difference, we their faith in me to serve as their lead- ored tradition, nearly as old as the in- can’t do it alone. er. As I said four Decembers ago, when stitution itself. I came over to this I certainly couldn’t have done it you elected me, it was and has been desk and I opened the drawer and the without people who stood both behind ever since, every day, a very humbling tradition of carving your initials or me and with me over the last 12 years. experience. On that day 4 years ago I your name into the bottom of that I agree with all of my colleagues. I quoted Proverbs: In his heart a man drawer was carried out. As you open know they know Karyn. And, indeed, plans his course, but the Lord deter- these drawers, as many of us do when she has honored me by her unwavering mines his steps. we are sitting here listening and debat- love each step along the way. Her grace And what fulfilling steps have been ing, you tend to look at the names that in carrying out her official responsibil- afforded me as leader. I cannot let are there. I see Robert Taft at the bot- ities, her commitment to the develop- today pass without expressing grati- tom of this drawer, Hugh Scott, Ever- ment of character in our three boys, tude for the close friendships of people ett Dirksen, Howard Baker, Bob Dole, her moral support, her spiritual sup- who are here and some people who have TRENT LOTT, and the list goes on. And port for me and our family, she has passed through this Chamber: Howard with the quiet here, you begin to re- been that guiding river that has kept Baker, the great Republican leader flect a little bit. But then all of a sud- us on course as we traveled two very from Tennessee whose shoes as major- den you start thinking, as you are different professions occupations: that ity leader I have done my best to fill. carving your name into that drawer, of being a heart surgeon and that of He has counseled me over the years that there aren’t very many things serving as a U.S. Senator. both as a Senator and as leader. His that you leave that are permanent Our three boys most of you know as sage advice I have relied upon many around here, but that is one. well. You have watched them grow up times in those capacities. It confronted me, as it hits me with over the last 12 years: Bryan, Jona- You have to be very careful going such force today, that our time here, than, and Harrison. Obviously, we are around a room, but behind me, people indeed, is temporary, and that we are so proud of each of them. I will speak like PETE DOMENICI, who became a here to occupy these seats at these directly to them because they, as with mentor to me on that very first day in desks just for a period of time. We can anybody growing up, faced the huge 1995; and people like JOHN WARNER, never forget that we don’t own these challenges of growing up in public life, whom we saw in action just a few min- seats. We don’t own our presence in taking in stride the various swipes that utes ago on the floor and, yes, on the this U.S. Senate. It is with that rec- the media takes from time to time, but Gates nomination; and former Sen- ognition that I address my colleagues doing so with real dignity and ators, people like Don Nickles who so today. strength. The boys know that Ten- wisely set the stage for the Republican I have reflected a lot over the last nessee is home. They have been able to tax cuts of the last several years; my several weeks, and I think back to that take in the rich texture that is af- colleague and confidante, MITCH nonpolitician who came to this city, forded all of us as we raise children MCCONNELL, whose wisdom and service

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.056 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11430 CONGRESSIONAL RECORD — SENATE December 7, 2006 has been indispensable to leading the grandchildren, have been successful in about lobbing attacks across the aisle Republican majority, who ascends in living lives of service to others. Many or is it about war rooms whose purpose party leadership, who will be sitting at friends are here today, including Jean is not to contrast ideas but to destroy this desk in a few weeks, a tempera- Ann and Barry Banker and Denise and or is it more? When the Constitutional ment and skill with which no one is Steve Smith. It is that friendship, that Convention met in 1787, delegates con- better prepared; my Tennessee col- team, that gives people, I believe, the sidered how best to structure this leg- leagues, Fred Thompson and now strength and foundation to carry out islative branch of new Government. LAMAR ALEXANDER, two great states- that mission of serving this great coun- They were determined not to repeat men with whom I have had the honor try. the mistakes made in the Articles of to work side by side as we have ad- In the past few weeks, I have spent a Confederation, which had a single, uni- dressed the needs of our constituents. lot of time reflecting about the future cameral legislature. Speaking to the I thank the two Democratic leaders, of this institution. As I prepared to convention, Virginia’s James Madison Tom Daschle and now HARRY REID. As leave here and return to my home, set forth the reasons to have a Senate. HARRY and I have said publicly many many people have asked, don’t you His words: times, everybody sees the public con- ever regret the promise that you made In order to judge the form to be given to trast between one leader to the other, to serve just for 12 years, two terms? this institution, it will be proper to take a between HARRY and me. But what peo- Did you regret it when you became view of the ends to be served by it. ple don’t see are the daily conversa- chair of the RNC or majority leader? If These were, first, to protect the peo- tions, the private conversations off the you knew then what you know today, ple against their rulers and, secondly, floor where views are mutually re- would you have made that promise 12 to protect the people against transient spected, where burdens are shared, and years ago? My answer is yes, because I impressions into which they them- where family is discussed. Karyn and I believe today, as I believed then, in the selves might be led. leave this body with tremendous re- ideal. It is, I guess, that ideal of a cit- I think we need to remember this vi- spect for HARRY and for Landra, for izen legislator. It might seem bitter- sion of the Senate that the Framers es- their contributions to this country. sweet today, but it is right. tablished—that the Senate is to pro- To all my colleagues who have I hope that in some way, as I leave tect people from their rulers and as a reached across the aisle and across dif- here, that my service—people may say check on the House and on the passions ferences when you could, thank you. it was effective or ineffective, and that of the electorate. Let us not allow Twelve years ago, it was people in is all very important—is an example of these passions of the electorate to be Tennessee who took a big chance, who someone who had never, ever run for reflected as destructive partisanship on took a great chance. They took a public office, never served before, and this floor. chance on a doctor who was little who had spent his lifetime—in fact, Taking the oath of office, which known, who had never served in public twice as much time as I spent in the many of our good colleagues will be office, obviously had never run for pub- Senate—pursuing another profession, doing shortly, commits each Senator lic office. They began by opening their coming here like so many people today to respect and revere the Framers’ minds and then opening their homes and starting at 100th in seniority over dream. To my successor, BOB CORKER, and then opening their lives and then in the basement of the Dirksen and ris- and to all the Senators who will follow opening their hearts. And I am eter- ing to majority leader over that 12- me in service to this great Nation, I nally grateful to them for giving me year period; an example of a com- urge you to be bold, make the most of that trust and taking that chance. mitted doctor who is able to find pur- your time here, and look at problems On this floor many times I have men- pose and fulfillment in serving others, with fresh eyes and the steely deter- tioned my parents and I mentioned my as all of us do as Senators, through mination to give the American people dad. Dad used to say: It is a powerful elected office. I hope that will inspire a reason to believe in you and to hope thing to know where you are going in others to seek office and to do public for a better tomorrow. life, but it is equally powerful to know service. It is my hope that those who To serve in this grand institution has where you have come from. come to serve after me as a true citizen been a labor of love. To lead here is a To the good people of Tennessee, I legislator will bring perspective and challenging responsibility that is set thank you for never letting me forget new ideas in a small way, a serendipi- out before me and each of us. It has where I have come from. You never let tous way, or maybe a large way, and been a profound honor to serve. me forget those promises made on the make this country a little better and I will close with just one story. It trail over a decade ago, the promises contribute to this institution. happens in southern Sudan. As many of that have been the heart of everything You have heard me talk about, and you have heard me say, because it is that we have done. Yours are the champion at times, term limits. Most such an important part of my life, I go voices that have called out to me from people don’t like them. They were pop- to Sudan just about every year—a Mountain City in east Tennessee to ular for a period of time. I am a great thousand miles south of Khartoum and Memphis in the west, the people out believer in self-imposed term limits. 500 miles west of the Nile River. I there who are working hard every day Every morning you get up, you say I started going there in the mid to late to raise a family, to grow a business, to have 3 more years, 2 more years, or 1 nineties. I had been there operating run a farm, to get ahead. As long as I year, or a half year, or 10 days, and you back in the bush, and I was ready to live, I will never forget those voices. know that as every day goes by. If you come home. Actually, it was in Janu- Those voices are clear, those voices of don’t have an understanding that there ary. The State of the Union was a few common sense that called out and can be an end, you tend to forget that. days off. We finished operating in a counseled me time and time again. Self-imposed term limits are the ex- hut. I operated by flashlight late at Two people who won’t hear me thank treme exception here today, not the night. Somebody in a little hut said, ‘‘I them today are two who were at my practice of this city. I think as a con- want to see the American doctor.’’ swearing in but who have since passed sequence we are moving toward a body Well, I didn’t want to go. I wanted to on: my parents Dorothy and Tommy that has too much of a 2-year vision, get back home. I wanted to get on the Frist. They have left a fascinating leg- governing for that next election, rather plane and come back home, but I went acy that the five children—I am the than a body with a 20-year vision gov- to see him. I was tired. I walked over last of those five—have been the bene- erning for the future. and pulled the curtain aside—the rug ficiaries of, a legacy of honesty, of ci- As we consider the future of the in- that was used as a curtain—and in the vility, of fairness, of hard work, and of stitution, I urge that we ask ourselves back there was somebody smiling. You service. And we all—at least I try to— what it is our forefathers envisioned. Is could see the bandages on his hands struggle to capture what they did in today’s reality what they foresaw? I and legs, and I went over; and through passing that legacy on to our children. urge that we consider our work in this a translator I said, ‘‘I am the American My own brothers and sisters, Mary, Chamber. What is it all about? Is it doctor.’’ He said, ‘‘Thank you to the Bobby, Dottie, and Tommy, all in their about keeping the majority? Is it about American doctor.’’ As a physician, I am own way, with their children and red States versus blue States? Is it accustomed to that because when you

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I lost my describe the honor it has been. jobs, I can tell my colleagues up close, leg 8 days ago. It was about 2 years ago I yield the floor. are not real easy. We have had prob- that I lost my wife and my 2 children. (Applause, Senators rising.) lems over budgets, over committee Thank you for being the American doc- Mr. REID. Mr. President, parting structure, disagreements about sched- tor.’’ really is sweet sorrow. Mr. President, ules—oh, yes, about Senate rules. I And then I started to get it. He was thank you very much for being here have never once doubted—never once saying thank you for being the Amer- today honoring not only Senator doubted—that what Senator FRIST was RIST, our majority leader, but the en- ican doctor. Then he said, basically, F doing he was doing because he believed tire Senate. that: It is you who are a representative in his heart it was the right thing. On the surface, some may ask how of America, and for democracy and lib- That is why I, HARRY REID, at his home the Senate and the operating room are on a very personal level, told Senator erty and freedom I sacrificed my wife the same. What do they have in com- and my children and my arm and my FRIST he should run for reelection. I mon? Senator FRIST has shown us that body. Thank you for what you rep- don’t believe in term limits. I truly be- helping people is what he did as a doc- lieved then, as I do now, that he should resent. tor and what he has done as a Senator. Then all of a sudden, it began to hit have run for reelection. I told his good Serving others is a trait as we have ob- wife Karyn the same thing in her me. To me, that image cuts through served by knowing this good man is just about everything that we do. It is home, in their home. that he learned from his family. His fa- I have come to learn a number of about preserving as best we can the ther was also a doctor. As a young man great hope that we represent here in things about BILL FRIST. He loves med- he was obviously academically very icine. He has done his work in the Sen- America, which is embodied in this in- talented. He wanted to follow in his fa- stitution, the freedom, the responsi- ate. But the thing that is first and ther’s footsteps. He went to Princeton paramount in his mind and his heart bility, the opportunity, the compas- University, which shows that he is sion, and the basic decency that is at every minute of the day is Karyn and someone who is talented academically his three boys. the heart of who we are as Americans. and socially. He graduated from that All of you out here have seen our Beyond Democrat or Republican— great American learning institution fights publicly, and we have had them, which came out of the campaign—now and decided he was going to go to Har- but they have been fair. I can remem- is the time to again remind ourselves vard, which speaks well, again, of his ber only once has Senator FRIST ever and state again and again that beyond intellect and, of course, his ability to raised his voice at me, and it was right being Democrats and Republicans, we get along with people. His surgical from here because, even though I didn’t are Americans. Together, we are one training came at Massachusetts Gen- mean to, he thought I had said some- people. It is our responsibility to up- eral Hospital and Southhampton Gen- thing that reflected upon his family, hold the dream and protect that hope eral Hospital in England. and I apologized to him. This man for every American and indeed the peo- Senator FRIST was a pioneer, but he loves his family and is an example of ple around the world who seek that learned his transplant surgery from the how people should treat their family. freedom. pioneer. I have heard BILL FRIST talk Karyn is a wonderful woman. She has I opened by saying that our time here about Norman Shumway on many oc- treated my wife—my wife is a very shy is temporary; we are just passing casions—the first doctor to perform a person. She has always been very shy. through. Now is the time to close. Your successful heart transplant in the U.S. Karyn has taken good care of her, and patience has been generous. As I have Senator FRIST—then Dr. FRIST—start- I will always, Karyn, appreciate that. spent a lifetime learning, to everything ed Vanderbilt University Medical Cen- In the years that go on, I, frankly, there is a season. We say that and hear ter’s Heart and Lung Transplant Cen- will never think about or, if I try, not it and tend to repeat it when there are ter. I don’t know if anybody knows—I remember any of the differences we had changes. But to everything there is a am sure someone knows—how many on the Senate floor, but I will always season, and my season here draws to a heart and lung transplants Senator remember the friendship I have devel- close. Tomorrow is the time for birth FRIST has done, but most say it was oped with the good man from Ten- and rebirth. Tomorrow is a day and a nearly 200. Think about that. Some of nessee, a citizen legislator. time for new rhythms. these operations took many hours, and Senator FRIST, Karyn, I wish you the My dad did a great thing that I some of them took days. very best. You are a good man. I love shared with some of you. Each of us I heard Dr. FRIST talk about those and appreciate everything you have should do this for our children or for first transplants, where he actually done for the country and for me. the people we care about. He knew he went and got the organs and personally (Applause.) was going to die in the next couple of brought them back to the operating The VICE PRESIDENT. The majority years. We asked him to write down his room. whip is recognized. thoughts, advice, and counsel for the Things have changed since then. Pio- Mr. MCCONNELL. Mr. President, I, next generation—not just his kids and neer, doctor, Senator FRIST has and on behalf of all the Members on this theirs, but for the great-great- will write a lot about his success as a side of the aisle—and Senator REID ac- grandkids that he would never see, a surgeon and as a Senator. And not only knowledged the same as well—am simple 4 to 5 pages. He ended that let- will he talk with his family and his grateful for your presence here today. ter to his great-grandchildren with the friends about this, things will be writ- Being here today to help honor our following words: ten about his service as a doctor and as outgoing majority leader, I know, The world is always changing, and that’s a a Senator. means a lot to him. It means a lot to good thing. It’s how you carry yourself in When we talk about these nearly 200 all the rest of us. the world that doesn’t change—morality, in- transplants, we are talking about 200 Rare is the person who rises to the tegrity, warmth, and kindness are the same human beings whose lives have been top of one profession, not to mention things in 1910, when I was born, or in 2010, or saved by virtue of his talent. Senator two. We are honoring today a man who later, when you will be reading this. And FRIST helped hundreds of people con- has done that—he has risen to the very that’s a good thing, too. Love, Granddaddy. tinue their lives. Here, as a public serv- top of not one but two extraordinarily So under the dome, it is time for ant, a Senator, he has affected the lives difficult professions. And I am abso- fresh faces and fresh resolve. Change is of millions of people. lutely certain, as all of his colleagues good. Change is constructive. The Sen- I have had the good fortune of serv- are, that he will excel in whatever ate changes, the people who serve here ing with Senator FRIST during his 12 challenge he takes on next.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.060 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11432 CONGRESSIONAL RECORD — SENATE December 7, 2006 BILL FRIST embodies what our Mr. DURBIN. Mr. President, I join in to keep our rates low and reliable. I Founding Fathers meant when they this chorus of salutations and praise think of our ability to deduct our sales spoke of ‘‘citizen legislators.’’ By his for the retiring majority leader. I lis- tax from Federal income tax and doz- early forties, he had already risen to tened carefully to Senator FRIST’s ens and dozens of other things that prominence as a renowned heart and recollection of his public service, and I have been good for Tennessee. lung surgeon. But BILL felt a call to noted the first item on his agenda was When I think of BILL FRIST, I think public service. After achieving enor- the $15 billion in the fight against glob- of civility, of decency, a good smile, mous success in that field, he came to al AIDS. It is an issue on which we hard work, and an ego that is surpris- us in the Senate and rose to the top joined together many times, an issue ingly under control for a Senator in here as well. He had not sought the where President Bush showed extraor- the midst of all of this and an example leader’s office, but in some ways it dinary leadership, and there was ex- of which his parents would be proud. So could be argued that it sought him and, traordinary bipartisan support for I think we can say today, and Lyndon once again, he was top in his field. what he was trying to achieve. Johnson wouldn’t mind, that having After 4 years, BILL has been an effec- As one reflects on his life and his BILL FRIST as majority leader of the tive and courageous leader. I have been background, it was no surprise that led U.S. Senate has been good for our here for a pretty long time now, Mr. the list. Senator FRIST dedicated his country and it hasn’t hurt Tennessee President, and I can honestly say that time before the Senate to the healing one bit. the last 4 years have been some of the arts, and I think he brought some of The PRESIDING OFFICER. The Sen- most productive years in the Senate that same dedication to this role in the ator from Massachusetts is recognized. that I have seen. Senate, trying to use his post as the Mr. KENNEDY. Mr. President, I join Under BILL FRIST’s leadership, we Senator from Tennessee and as a leader my friends and colleagues in paying have made the lives of people across in the Senate to heal the world and our tribute to a friend and a distinguished America better and safer. More oppor- Nation. I thank you for all your efforts colleague. When BILL FRIST arrived tunity lies ahead for today’s children in that regard. here, there were at least some of us than ever before. Most of all, BILL has I know when he came to this job, it with some qualms on this side of the never relented in leading this Senate to was thrust upon him rather quickly. I aisle because he ran successfully fight the war on terror. America is know he had his critics, and there against one of our dear friends, Jim more secure thanks to his tenacity and might even have been a few on this side Sasser. So, initially, there was a nat- thanks to his talents. of the aisle from time to time, but, by ural reluctance among some of us BILL is leaving us, as we all know, and large, I think his leadership has about this doctor who had defeated a sticking to his promise to the voters of been symbolized by a lack of cunning, great friend and a great Senator. Tennessee to serve only two terms. a lack of sharp elbows and an effort to But early on, it was clear that BILL Legend holds that Cincinnatus, the try and patch up our differences and was special. As someone who had been Roman farmer, became ruler of Rome get things done. Once again, you were trained in the medicine, in my own at the behest of his fellow citizens. But the healer when you had the chance to State of Massachusetts no less, he after leading them to victory against do it. brought a new and fresh perspective to invaders, he gave up the mantle of I have traveled to Africa, as he has, our national debates. power and returned to his farm. probably not as often. I have seen some He was obviously a person of impres- Whether BILL returns to medicine or of those dusty villages where there is sive skill, and it is no surprise that he continues to serve the public in some no one to be seen for miles around. But rose so quickly to become majority other way, we can be sure of this: He I cannot imagine your taking your sur- leader. The roles of Senators and physi- will continue to be one of America’s gical skills to those villages and those cians are profoundly different in many great leaders. And if he does return to huts and operating under a flashlight, ways, but at their core their missions public office, it will be because he was hour after hour, day after day, week are identical to help others to the max- asked by his fellow citizens to serve after week. That defines BILL FRIST, in imum extent of our ability. And that is and to lead. my mind—a person who may not have what BILL FRIST has done from the day Words such as ‘‘sacrifice,’’ ‘‘duty,’’ been recognized by anyone on the road he set foot in this chamber. and ‘‘service’’ mean something to BILL to that village, did some good, and left He was one of the first to understand FRIST. This Senate and this country a legacy that will be remembered. the very real threat of bioterrorism to are the better for it. To you, to Karyn, to your family, let our Nation, and that was well before 9/ It has been a joy to know BILL’s love- me add my voice in saying you left a 11 or the anthrax attacks. Senator ly family—his wife, Karyn, and his great legacy in the Senate, and I wish FRIST knew first-hand that our public three sons, Harrison, Jonathan, and you all the very best. health infrastructure was incapable of Bryan. They are all proud of their fa- (Applause.) meeting the threat of a massive nat- ther and husband. The PRESIDING OFFICER. The Sen- ural epidemic, let alone a deliberate bi- I am going to miss you, BILL. It has ator from Tennessee. ological attack. It was a privilege to been a great honor working with you Mr. ALEXANDER. Mr. President, work with him on the first bio-ter- every day over the last 4 years, and it former Senator Lyndon Johnson used rorism legislation, which because of his will be an honor to take the baton from to say about himself that having Lyn- leadership we were able to pass before BILL to lead Senate Republicans during don Johnson as majority leader was 9/11. the 110th Congress. good for the United States of America He has also been a pioneer in the ef- Just as Kentucky and Tennessee and it hasn’t hurt Texas one bit. fort to bring modern information tech- share a border 320 miles long, BILL and When I think of our country and BILL nology into all aspects of health care, I share a bond as Senators, party lead- FRIST, I think of lower tax rates, I and to end the enormous human and fi- ers, and, yes, as friends. I can see that think of two Supreme Court Justices, I nancial costs caused by medical errors all of our colleagues on both sides of think of a record number of judges who and by the needless administration of the aisle feel the same way I do. It is would interpret the law, rather than health care with outdated paper sad to see you leave. You have done a make it up as they go along. I think of records. He has also helped shine a magnificent job. People come and go in the personal imprint of Senator FRIST bright line on the serious problem of the Senate over the years and, can- on the prescription drug Medicare ben- health disparities in our country. didly, I guess some of them didn’t efit millions of Americans need and are He has inspired each of us with his make a whole lot of difference. But you enjoying, and I think of the $15 billion commitment to addressing the horrific did, and you will be remembered with generous gesture of this country to- tragedy still unfolding in the world, es- great pride by all of us. Thank you for ward Africa to combat HIV/AIDS, pecially in Africa, because of AIDS. He your service. which would not have happened were it has dedicated himself to this issue for (Applause.) not for BILL FRIST. years, giving of himself personally, and The PRESIDING OFFICER (Mr. When I think of BILL FRIST and Ten- urging Congress to act more expedi- COLEMAN). The Democratic whip. nessee, I think of our new TVA board tiously. He made time to continue this

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I complished, I believe you will have to that, one here with us, and then you hope he’ll be able to enjoy more time end up saying there was nobody during will have a third one. In the meantime, with them now without the burden of his time here who accomplished more you can do a lot of duck hunting, no running the Senate. for his State and for the country. I be- problem with that. You can probably We wish BILL FRIST the best as he lieve an in-depth search of what he has go with me, if you want. But if you prepares to leave the Senate. We know done may even rival the best, even shoot too well, I won’t bring you any- he will have great success, and we though he does not know how to legis- more because it is embarrassing. It has thank him for his service to our coun- late, and there is no question about to be sort of a modest hunt, not so su- try. We will miss the majority leader, that, and he does not know how to ap- perb that I am embarrassed. So we will but we know he will continue to use his propriate, and there is no question have to work that out some way. And immense talent to make a very real about that. He might not even know your son—he can’t come anymore be- difference for all humanity in the years how to bring an appropriations bill up, cause he shoots too well. It is truly not ahead, and continue to make us proud and there might be no doubt about the right thing to do. He should not be to call him our friend. that. He may doubt it, but this Senator hunting with an old man like me. No The PRESIDING OFFICER. The Sen- doesn’t, and I am his best friend, but I way. But if it happens, we will accom- ator from New Mexico is recognized. have great doubts whether he knows modate it some way. Mr. DOMENICI. Mr. President, I how to get an appropriations bill up Having said all that I should and wanted to say a few words before the and passed. much more, I will say goodbye and leader left. I even hate to call him But I still believe the business of the thank you. leader or majority leader. He has be- Senate is not done in those very overt Mr. FRIST. Mr. President, I suggest come a great friend. I don’t know how ways that people think. It is done as the absence of a quorum. to explain it, but I didn’t really think you sit down for long hours on a con- The PRESIDING OFFICER. The coming to the Senate that I would have ference report and come out with a clerk will call the roll. a chance to meet somebody like our health bill that all of a sudden is better The assistant legislative clerk pro- good departing leader. I have met all than anything we have had before. ceeded to call the roll. kinds of people here. Henry Bellman When you find out who did it, it might Mr. BOND. Mr. President, I ask unan- once said: If you sit down with all 100 not have been named for the Senator or imous consent that the order for the of them, no matter what you have said for the chairman of this or that, but quorum call be dispensed with. about criticizing them, there are no you will find out that for many hours, The PRESIDING OFFICER (Mr. better 100 men put together in America many trips were taken to his office, CORNYN). Without objection, it is so or- than the 100 Senators who serve. I be- and many times, he said: Wait and we dered. lieve that is true. I am wondering now will do it in the morning, and I will tell JIM TALENT about whether the Senator wouldn’t you how to do it. And that happened. Mr. BOND. Mr. President, I rise on rival military leadership. I could go on for much longer, but I the floor to pay tribute to my very But the point is, I didn’t think BILL— really wanted him to know that I just good friend and colleague, Senator JIM I know we can’t do that in the Senate, waited for my time. Being the fifth or TALENT, who will be leaving the Senate use first names—but I didn’t think I sixth eldest here in seniority, I waited next month. would ever meet in the Budget Com- for my time here, and I didn’t want to I have known JIM for over 20 years, mittee of the U.S. Senate—sitting in wait until tomorrow or the next day in since he was minority leader in the the very last seat available was this fear that I would not find time or that Missouri House of Representatives. man whose name is so simple, but I had the Senate would not accommodate. So Throughout all these years, when he so much trouble with it. Do you re- I thought I would, as usual, be late for was in the State legislature and in the member? I didn’t say ‘‘FRIST,’’ I kept a next appointment, but I have a good House as chairman of the Small Busi- saying ‘‘First.’’ I don’t know why, but excuse for being late for this next one. ness Committee when I was chairman I did that for a long time, and then it I had to come here and say goodbye of the Senate Small Business Com- became sort of a—people would come in a very interesting way, although it mittee, I found JIM to be unfailingly a up and punch me so I would say it is not a goodbye. But I do think it is man of honesty, integrity, and hard right. But whether it is ‘‘FRIST’’ or true that this will be a very major work. He has been a wonderful friend ‘‘First,’’ I guess they mean about the change in our friendship, in the way we and colleague. same thing to me. You are truly first. react to each other, and the time we I am going to miss him very much, What we have gone through person- get to spend with each other. So it is and many people in Missouri are. ally will not be reflected in the an occasion, this leaving of the Senate, We all know that Washington can RECORD. People know I have had a few because you won’t come back very change a person, but it hasn’t changed years of illness. It is mostly gone now. often. Even though you say you will, JIM. JIM still has the same common- But I found out he was a superb doctor, you won’t, and we won’t get to see you. sense Missouri values he brought with and eventually I found out there I really believe we will remember you, him to Washington. He still has the weren’t too many better anywhere. and probably we will call you more same calm, polite demeanor. He still That made it easy because I had a times than you will call us because I has strong convictions and a work ready-made doctor and he was the best. think we may just from time to time ethic. As I said to our folks back home And we would meet in his office, and figure out more times than you will in Missouri, in an arena of show horses people would think it was always busi- that we need some advice, and it will he has been a work horse. ness, but they had no idea that it was probably run in your direction, not in I was with him on the night he got half business, a little bit family—we ours, in the ensuing years. the news that he lost the campaign. He got to know each other’s families, and Good luck in whatever you do. It is was a man of unfailingly good humor what a terrific and exciting thing that not going to be this little return to and courage. And still, he thanked his was for me—and I got to know about being a country doctor, if that is what Lord, his friends, and graciously ac- his excellence as a doctor. you are saying. You can’t sell me on cepted his fate. It will be a different Senate, there is that. You are not going to be a little I have a feeling and hope that public no question. country doctor; you are not even going service will see much more of JIM TAL- You have been dealt some cards that to be a regular doctor. You are going to ENT somewhere, sometime. And what- are not right. The years you were here, do something much bigger than that. It ever he decides to do in the public or in the things that were accomplished is just waiting. Somebody is going to the private sector, the qualities he has

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.074 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11434 CONGRESSIONAL RECORD — SENATE December 7, 2006 demonstrated to so many of us in the of us who have been working to change the hopes and aspirations of people Senate will be one he will carry with the law so that small business employ- throughout the world. him. ees and their families will have access We must understand the importance He served in the Senate for only 4 to the same kind of insurance benefits of this issue very clearly, without the years, but when you look at his record that employees of major corporations distortions of ideology, politics, expe- of legislative achievements, he has had have will not give up the fight. We are diency, or wishful thinking. Like it or so many positive impacts on people’s going to continue with his great lead- not, the progress of the international lives. It is hard to believe he could ership in mind. order towards peace and democracy de- cram all of that into 4 years. I am sure the next Congress will fol- pends on the reality and perception of He has been a leader on national se- low up. This idea should be central to American power. Like it or not, Amer- curity, energy, and criminal justice. any discussion of expanding health ica is the first defender of freedom in As a member of the Senate Armed care coverage to the uninsured. the world and therefore always a prime Services Committee, JIM worked to ex- JIM, as we prepare to say goodbye to target for those who hate freedom. And tend production of the C–17 line, allow- you now from this floor, thank you for like it or not, while there are many ing 30,000 workers across the country your years of devoted service to our tools in the basket of western diplo- to keep their jobs, and more impor- State, to our Nation. With heartfelt macy, the underpinning of them all is tantly to give our military strategic gratitude, on behalf of my wife Linda an American military establishment lift capability which they need to move and I, we wish you, Brenda, and your which the world knows is capable of troops and equipment to very difficult children the very best in future endeav- swiftly, effectively and at minimal cost to reach places. ors. And I know for a fact that there defeating every substantial threat to JIM also cares about our troops in will be great successes ahead. our security and to our freedom. battle. He sponsored legislation to end I yield the floor. Judged by this standard—the only predatory lending to active service- APPROPRIATE LEVEL OF MILITARY FUNDING appropriate standard—the situation is members and their families. The new Mr. TALENT. Mr. President, my very grave. I have substantial doubt— law just took effect 6 weeks ago. Some great friend and colleague from Mis- as good as the men and women are— of our soldiers were paying almost 400 souri has an Intelligence Committee whether our current military establish- percent interest on money loaned to meeting to go to. So he went ahead and ment is strong enough. Because of decisions over the last 15 years driven more them. Thanks to JIM TALENT, the rates did his kind tribute before I give my are now capped at 36 percent. I trust speech, and those who are not aware of by budgetary than military consider- that applies to the Marines as well. that may have thought that maybe ations, our Army and Navy may well be too small, and much of the equip- Last year, JIM worked very hard to they would be able to get in short trib- include a renewable fuel provision in utes and avoid the long farewell ment in all the services is too old and the Energy bill. On a bipartisan basis, speech. That is not true. increasingly unreliable. Whatever the current status of the under his leadership, the United States I will devote my time to a sub- military may be, there can be no doubt will produce up to 71⁄2 billion gallons of stantive and very important subject— that without a substantial increase in renewable fuels with ethanol and bio- the appropriate level of funding for procurement spending beginning now diesel. That will be implemented by America’s military. It is an issue that and sustained over the next 5 to 10 2012. I have worked on and fought for since years—an increase, I suggest to the JIM’s work in this area will only be- I went to the House of Representatives Senate today, that must be measured come more important as we see in the in 1993. not in billions but in tens of billions of future America continuing to face high I am grateful for my friend’s re- dollars above current estimates every energy costs and our attempt to reduce marks, and I want to say that I have year—our military will be set back for our dependence on foreign oil. always enjoyed serving in legislatures, a generation. We will not be able to Another accomplishment JIM will be in part because of the collegial nature modernize our forces to the degree nec- known for is something which is ex- of the service. When you are done, essary to preserve our security with tremely important in our State of Mis- yes—it is the legislation that you the necessary margin of safety. souri, and this work—again on a bipar- worked on that you want people to re- I said that our current military is tisan basis with the Senator from Cali- member, but what you remember are too small and inadequately equipped to fornia—was to fight meth. Meth is a the friendships and the associations execute the national military strategy. drug that has been destroying lives and and the bonds that you have made. I will not go into detail on this point communities across our State for many And, fortunately, those do not end with because my main focus is on the fu- years and now even across the country. your service. I look forward to con- ture, but a brief explanation is war- The Combat Meth Act has helped tinuing to visit with my friends in the ranted. The world is, on balance, at stop the supply of meth ingredients to Senate for years to come. I hope to be least as dangerous today as it was at dealers through the ban on over-the- able to work with them in other venues the end of the Cold War. And we may counter sales. You see a significant re- on issues of importance to America. thank God we are no longer in danger duction in meth lab busts. It shows Nothing is more important for America of a massive nuclear attack from the that we are finally beginning to make than her security. former Soviet Union, nor is a major progress against this drug. Mr. President, America has the most land war in Europe likely. Obviously, I have to mention his capable military in the world by a Against this, however, we are en- other bipartisan successes, such as the large margin; in fact we have the best gaged in a global war on terror that sickle cell disease bill and the Emmett military that has ever served any na- will continue for years to come. The Till bill. tion at any time in human history. We end of the Cold War led to the emer- On a narrow focus, JIM and I have should be proud of that; we should es- gence of dangerous regional conflicts, worked together on many transpor- pecially be proud of the men and such as the conflicts in the Balkans. tation and economic development women who make America’s military We are in greater danger today of a projects to serve our State of Missouri, what it is. But it would be wrong for us rogue missile attack than ever been be- including the Liberty Memorial in to believe that because our military is fore, and China is emerging as a peer Kansas City, the Page Avenue Exten- the best in the world or even the best competitor much faster than anyone sion in St. Charles, and countless oth- ever, that it is as capable as it needs to believed. ers throughout the State. be. True, America is many times These conditions either did not exist, I should also mention that my friend stronger than other nations, but its re- or like the conflicts in the former JIM TALENT has put forward some ter- sponsibilities are many times greater Yugoslavia, were suppressed, during rific proposals that he has been work- as well. If Denmark’s military is inad- the Cold War. As a result, the oper- ing on that have been enacted. His ef- equate, it doesn’t matter that much, ational tempo of our conventional fort to allow small business employers even to Denmark; if America’s mili- forces—and that means the rate, inten- to pool together to form association tary is inadequate, it matters tremen- sity and duration of their deploy- health plans comes to mind, and those dously, first to America, but also to ment—was far higher beginning in the

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.081 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11435 mid-1990s, even before September 11, 10 years, the services are scheduled to plan will require billions more each than it had ever been during the Cold bring online the new platforms that year to execute. Both the Congres- War. Yet at the beginning of the 1990s, will anchor American security for the sional Budget Office and the Congres- our forces were 30 to 40 percent bigger next generation. No one can say these sional Research Service agree. In any than today. For example, the active- programs are unneeded. The Navy must event, I say on my oath as a Senator, duty Army was cut from 18 divisions at buy new destroyers, must ramp up pro- that it will be utterly impossible, at the time of Desert Storm to only 10 di- curement of Virginia-class submarines, current levels of defense spending, for visions by 1994. Don’t we wish that we must finalize the design and buy large the Navy to reach and sustain the $13.3 had those additional divisions today to numbers of Littoral Combat Ships and billion figure, to say nothing of the relieve the pressure in Iraq. The Navy design and build a new CG–X cruiser. even higher sums required in the out- has gone from 576 ships in the late 1980s The Air Force must buy large num- years of the 5-year defense plan and be- to 278 ships today. bers of the F–22. That is our new air-su- yond. At the same time, procurement budg- periority fighter. We must maintain Beginning no later than 2009, there ets have been cut substantially, far the ability to have complete air superi- will be a growing shortfall in the ship- greater than the cuts in force structure ority over any combat theater. The Air building accounts, in addition to an an- warranted. The contrast in the average Force must buy large numbers of Joint nual shortfall of $1 billion to $2 billion annual procurement of major equip- Strike Fighters or equivalent aircraft. in Navy aviation procurement. I expect ment from two periods—1975 to 1990 and In addition, the Air Force must buy the total deficiency to be no less than from 1991 to 2000—is startling. For ex- out its airlift requirement. That is how $45 billion over the fiscal year 2008 to ample, we purchased an average of 78 we transport personnel, equipment and fiscal year 2016 period; and remember, scout and attack helicopters each year supplies from one place to another in this assumes that the 313-ship Navy is from 1975 to 1990, and only 7 each year the world. It must build a new genera- sufficient to protect American secu- from 1991 to 2000. We purchased an av- tion of tankers, must design and build rity, an optimistic assumption. Lest the Senate get lost in all the erage of 238 Air Force fighters each a long-range strike bomber to replace figures, let me sum it up this way. The year from 1975 to 1990, and an average the B–52. Our B–52 inventory is 45 years Navy, responding to budgetary pres- of only 28 each year from 1991 to 2000. old. sure, has formulated a plan for a 313- The Army must rebuild, modernize or We purchased five tanker aircraft each ship Navy in the future which, frankly, replace almost its entire capital stock year from 1975 to 1990, an average of may be inadequate; the Navy estimates of ground combat and support vehicles only one per year from 1991 to 2000. a figure for funding the plan which The implications for these dramatic including many of its tanks. independent authorities, using long- reductions are profound. Older plat- The current procurement budget for term historical cost data, believe is far forms—that is what the military calls all three services is $80.9 billion. Sim- too low. And yet without substantial ships, planes, and vehicles—are rather ple budgetary mathematics tells us increases in the Navy’s procurement tired and not replaced, which means that the services cannot possibly meet budget, it is a dead certainty that even their crucial requirements without an that force structure is reduced. Mili- that figure cannot be sustained. tary capabilities are reduced. If plat- average budget over the next 5 to 10 As a practical matter, the expected forms are not replaced, the average age years that I estimate is at least 30 bil- shortfall means the sacrifice of two to of the fleet increases, readiness levels lion dollars higher than what we are three attack subs and two to three sur- drop, and the cost of maintaining the now spending. face combatants, a reduction in pur- Perhaps I have gone into more detail smaller, older inventory climbs rapidly chases of the Littoral Combat Ships, than the Senate is willing to indulge because maintenance costs increase. and delays to the Sea Basing Program me in already, but I want to look in For these reasons, I suggest that the and the new CG–X Cruiser Program, some depth at the situation of the current force today is too small and its which is necessary for missile defense. equipment too old, relative to the re- Navy. Here I speak from what I know The short of it is that the Navy needs quirements of our national military because I have been the chairman of at least an $8 billion increase per year strategy. That strategy calls for a mili- the Subcommittee on Seapower for the in procurement above current esti- tary capable of defending the home- last 4 years. Currently, there are 278 mates. The Marines need about $3 bil- land, sustaining four peacekeeping en- ships in the U.S. Navy. The Navy ship- lion more. It is not necessary to go gagements, and fighting two large- building plan calls for 326 ships by the into the same level of detail with re- scale regional conflicts, at least, at ap- year 2020, eventually settling down to gard to the budgetary picture for the proximately the same time. We are an average of 313 ships. The plan actu- other services. The pain has been supposed to be able to do all that at ally calls for fewer aircraft carriers, a spread fairly evenly across the service, once. I believe the requirements of our substantial drop in attack submarines, so they are in roughly in the same situ- military are actually greater than this, and fewer major surface combatants, ation. That means a procurement but in any event, we cannot execute but it attempts to make up for these shortfall over the next 10 years of at even these commitments, and we cer- reductions with modern destroyers, least $30 billion per year adjusted for tainly will not be able to do so in the more capable submarines and what it inflation. Most independent experts be- future, within an acceptable level of calls pre-positioning ships that allow lieve the number is far higher. risk, unless at least the Army is made us to establish sea bases, from which to For example, the CBO estimates that bigger and unless all three services project forces ashore, as well as a the overall defense budget shortfall have the money to robustly recapi- whole new class of smaller multi-mis- will be no less than $52 billion per year. talize their major platforms with the sion modular vessels called Littoral We should add to this the fact that the most modern equipment. Combat Ships. There is no margin active-duty Army is clearly too small, For years, the various services, in re- whatever for error in this plan. It is, at as we have learned in Iraq. Even in an sponse to pressure from political au- best, the minimum necessary for our age of transformation and nonlinear thorities to reduce the budget below security. battlefields, there are still times when what they needed, have delayed or can- The Chief of Naval Operations—that America needs to put large numbers of celled new programs. They have been is the admiral who leads the Navy—has boots on the ground, particularly in reducing the number of new ships or estimated the plan will require a ship- the post-September 11 period. The planes they say they need, kicking cru- building budget of $13.3 billion for fis- United States needs the ability to cial decisions down the budgetary road, cal year 2008, the upcoming budget carry on sustained, large-scale peace- robbing Peter to pay Paul, and other- year. That is $5 billion more than what keeping or low-intensity combat oper- wise trying to avoid confronting the was spent this year on ship building. ations, without having to send the approaching funding crisis. His plan calls for that figure to esca- same units three or four times to a That crisis is upon us now. We are late to $17.5 billion by 2012. I believe combat theater over the duration of a entering the crucial phase of recapital- these figures are too conservative. It is mission. A nation of our size and ization. Beginning with the next budg- a good-faith effort to calculate what we strength should not have to use essen- et and intensifying over the next 5 to need but too conservative. I think the tially its whole active-duty Army,

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.083 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11436 CONGRESSIONAL RECORD — SENATE December 7, 2006 much of its Marine Corps, and many of going to supply the additional funds. mission, and it also performs the mid- its Reserves to sustain 130,000 troops Those are highly speculative. They will air refueling mission. Normally, the over time in a combat view. not occur, if at all, for many years, and Air Force would simply buy more C–17 In 1992—which was right after Desert they are unlikely to be more than a aircraft. It is a perfectly good, modern Storm—the Defense Department stated billion dollars per year. cargo aircraft. Then the Air Force a requirement of 12 Active-Duty Army Some say we can save money by re- would design and procure a new tanker. divisions. That was before the in- ducing congressional earmarks or addi- But because the service is under tre- creases in operational tempo of the tions to the defense budget, and within mendous pressure to save money, it has 1990s and before the global war on ter- limits that is true. But the total of decided to develop a cargo-tanker, ror. The Army should surely be at least such earmarks is no more than $3 bil- combining the two missions into one 12 divisions today. It costs approxi- lion to $4 billion per year. Realisti- aircraft. The service assures us that it mately $2 billion to stand up and sus- cally, Congress is not going to give up is not going to have any bells and whis- tain an addition to the Army or Marine all of them, and at least some number tles on the new plane, and the aircraft Corps of division strength so we need of them are clearly justified because will be low in cost. to invest $4 billion per year in in- they simply restore to the budget Surely, the concept of a cargo-tanker creased force structure for the Army, items that our service chiefs des- allows the Air Force to claim that it in addition to the $30 billion more in perately wanted and omitted only be- will be able to perform both of these new procurement funding. cause of budgetary pressure. missions while relieving some of the So to sustain our military over the Still others will say we can get the pressure on its budget. But, again, re- next generation at the appropriate necessary additional funding by low- ality must and will eventually bite. As level, we need to increase procurement ering the cost of new programs through requirements build and changing tech- spending and spending on the size of procurement reform. I am all for pro- nologies force changes in design, the the Army by about $34 billion per year. curement reform. I have been for it odds are very high that the cost of the And that is above current baseline esti- ever since Secretary Bill Perry, who new aircraft—if it is to do the com- mates. It would have to be sustained was a great Secretary of Defense, pro- bined mission it is supposed to do—will over the life of the current defense plan posed it over 10 years ago. We have had go up substantially. and beyond. several waves of procurement reform The problem of cost is exacerbated by I want to emphasize that this is, of since then. Several Defense Secretaries the stress on the defense industrial necessity, a ballpark figure. It is al- have all championed its virtues. We base. Procurement budgets have been ways difficult to predict precisely the continue to hold oversight hearings to too low for 15 years and because of cost of new programs—some of which pressure the defense industry to lower budgetary pressured they constantly are in the design phase, particularly costs. We keep trying to catch people change. The Department regularly given the uncertainties associated with in the Department who might be vio- projects what it intends to procure in developing technologies. We will be ac- lating procurement regulations. I have the outyears of its defense plan but quiring this equipment over the next 10 chaired some of those hearings. then often makes last-minute cuts and to 20 years and needs in technology are Meanwhile, the cost of new programs changes. going to change. We must confront the keeps going up. I suggest the reasons Under those circumstances, it is no fact that whatever the necessary have less to do with deficiencies in the surprise that contractors are not in- amount turns out precisely to be, the procurement system, bad as it is, than vesting sufficiently in the defense in- procurement budgets we are projecting with the stress on the industrial base dustrial base. It is shrinking, and it is today are fundamentally inadequate. and on the military caused by the undercapitalized. That means fewer We have to ramp up spending. We must budgets that are consistently too low competitors, more sole-source con- begin now. And we have to accept the and unstable. tracts, less research, and, therefore, fact that it will not be cheap. One of the arguments supporting re- higher costs. No amount of oversight, I, also, want to make clear that this ductions in force in the past has been reform, or pressure on procurement of- additional $34 billion must come from that transformational technology and ficials can change that. an increased overall defense budget. tactics can empower the military to do The good news is that a robust and There may be some who say that it is more with less. The idea is to make consistent commitment to adequate possible to cannibalize the rest of the each servicemember, each plane, ship, funding would soon begin to reverse defense budget to produce all or most and vehicle less vulnerable so we lose these trends. Again, I am all for im- of this additional procurement funding. fewer of them, and more lethal so we provements in the way we design and That is a dangerous fantasy. The need fewer of them. Within limits, that build new systems, and those improve- money cannot come from the supple- is sometimes true. But the best tech- ments can save money. But they can- mental appropriations bills. Those are nology costs money, and changing not work miracles. Sufficient and sta- necessary to pay the day-to-day costs technology, tactics, and doctrine ble funding is not only consistent with of the war and may not have been ade- makes it more difficult to fix stable re- transformation and efficient use of the quate to do that. The money cannot quirements. Program instability costs taxpayers’ dollars, it is necessary to come from reducing the readiness money, too. both. If Congress were to commit to budget because that budget is over- Here is an example. The Navy origi- my proposal, for example, the service stressed already. It cannot come from nally planned to procure 32 DD(X) chiefs and the defense industry would reducing the number of service per- next-generation destroyers. The ship know that substantial new money was sonnel because the military is already has a truly advanced design. It is a coming—enough to make it at least too small. It can’t come from reducing marvel of transformational tech- plausible they could produce and ac- salary and benefits. We have to retain nology. But its unique capabilities quire the systems they need. They the best people. Besides, Congress is far have driven the per ship cost to about could budget for the long range, know- more likely, and properly in my view, $3 billion. As a result, the Navy plans ing that funding would be stable. They to increase personnel benefits rather to procure only seven new destroyers. could work together in a way that than reduce them. Take a look at the The problem is that the complexity of would reduce costs instead of trying to last 7 years. Total spending on defense the ship’s design, the unprecedented pull money away from other services or health care, for example, increased capabilities of the vessel, and the high maneuver year to year just to keep from $17.5 billion in fiscal year 2000 to price of the best technologies, have all vital programs alive, and often, in a $37 billion in fiscal year 2006—an in- driven up cost to the point where the way, that ends up costing the tax- crease of more than 100 percent over ship is impossible to procure in suffi- payers more in the long run. the last 7 years, appropriately so. cient numbers at current budget levels. We must stop thinking that facing The men and women of America’s Another example, the Air Force des- reality and funding our military ade- military deserve good salaries and ben- perately needs more air lift, and it also quately is beyond the reach of this efits, and so do those who are retired. needs a new tanker aircraft. The Air great Nation. Yes, the Federal Govern- The savings from base closing is not Force shoulders much of the mobility ment has fiscal problems. Yes, the two

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.084 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11437 major parties have very different views Democratic House and Republican Sen- kind enough to mention. I just ask the on what to do about those problems, ate, he secured two double-digit in- Senate to indulge me for another mo- but nobody can or does claim that the creases in the overall defense budget, ment or two because I am going to read defense budget is the cause. and reasonable increases for several their names. I think they deserve it: Right now, we are spending 3.8 per- years thereafter. On the strength of Mark Strand, my chief of staff; cent of our gross domestic product on that bipartisan commitment, Amer- Cortney Brown, my scheduler; Les the regular defense budget. That is a ica’s service men and women and Sealy, our great office manager who al- very low percentage historically, far America’s defense industrial base ways got us what we needed; Brian An- less than we spent at any time during transformed our military into the derson, our IT manager. I am glad he the Cold War. Under President Carter, truly dominant force that fought and understood it because I never do. we spent 4.6 percent of the GDP on na- won Operation Desert Storm. I thank our legislative staff: Brett tional defense. A united government sent the mes- Thompson, legislative director; Faith If we spent only 4.2 percent now, we sage to friend and foe alike that what- Cristol, our great legislative counsel; could easily fund what I have proposed. ever our differences about foreign pol- and my legislative assistants: Lindsey We would have a fighting chance to icy, America was still willing to pay Neas, Katie Smith, Heath Hall, Jesse support our service men and women the price of freedom. It is not too much Appleton, Katie Duckworth, Chris- with the equipment they need and de- to say that the decisions made in 1981 topher Papagianis, Shamed Dogan, and serve. We could sustain the military and 1982 laid the basis for the collapse John Cox, who works so hard and so power that the last two Presidents of the Soviet Union, the success of Op- well on veterans issues, a man who has have used to protect our freedom and eration Desert Storm, and the benefits served this country in many different stabilize the post-Cold-War world. We of peace and security that we enjoyed venues; Andy Karellas, Martha would send the clearest possible mes- throughout the 1990s. Petkovich, and Sarah Cudworth, who sage to both our friends and enemies, With this speech, I bring my career did legislative correspondence, grants and to those nations who are deciding in the Senate to a close. I believe I can and case work; Peter Henry, who man- now whether they are going to be a do no greater service to my country aged the mail; Sarah Barfield, my staff friend or enemy, that whatever hap- than to urge Senators not to be dis- assistant; two great Navy Fellows: pens, whatever the direction our for- suaded by the counsels of those who CDR Dan Brintzinghoffer and LCDR eign policy takes, the United States say that what I have proposed cannot Lori Aguayo, two patriots and both has the ability to sustain our freedom be done. outstanding officers; and Mark and the hope of freedom for the world. At the beginning of my remarks I Hegerle, my Energy Fellow who came To those who worry about the price stated that America’s service men and over from the Federal Energy Regu- of strength, I say there is a greater women are the finest who have ever latory Commission just in time to help price to be paid for weakness. How served in any military on behalf of any me make a real difference on the En- many conflicts will we invite, how nation at any time. I should have in- ergy bill. much instability will we engender, if cluded their families as well. I realized I want to thank our press shop: Rich we allow this restless and troubled that when today, just a few hours ago, Chrismer, my great communications world to doubt America’s ability to de- I had the privilege of meeting with director; Erin Hamm, and Andrew fend herself? Dana Lamberson and her two children, Brandt. Let’s look at the risks of alternative Kelsi and Evan. Casework—we handled over 10,000 courses of action. If we adopt the Mrs. Lamberson’s husband, SFC Ran- cases. I am a big believer in casework. course I suggest, and it turns out that dall Lamberson, was killed in Iraq only This is a big government, and navi- I was wrong, all we will have lost is a 8 months ago. Mrs. Lamberson told me gating it is hard, and if we could help, fraction of our wealth wealth that that before her husband deployed, their we wanted to help. I thank Nora would be spent in this country on prod- family openly discussed the sacrifice Breidenbach, Jenny Bickel, Abby ucts produced by our workers, for a which he, and they, might be called on Pitlick, Debbie Dornfeld, and Jessica margin of safety that, in the end, we to make. I asked her how she was able Van Beek. did not need. But if we stay on our cur- to bear her grief with such grace and And the State staff, we always tried rent course, and it turns out that I was fortitude. She told me that when she to integrate the work of the State staff right, how much will we pay then in was tempted to be discouraged, she re- and the Washington staff, and I think lost lives and treasure, fighting in con- membered what her husband had al- we did it. I thank Gregg Keller, our flicts that a policy of strength would ways said when times were tough: that State director; in St. Louis: Kacky have deterred? ‘‘life is only as difficult as you make Garner, my district director; Peggy How big will the deficit become then, it.’’ Barnhart; Rachel McCombs; and Angel in a world made less stable by Amer- Mr. President, I have met thousands McCormick Franks; in Kansas City: ican weakness? What effect will that of Americans over the last 4 years like Joe Keatley, my great district director; have on the economy, and not just the the Lamberson family, not just soldiers Danny Pfeifer; Emily Seifers; Greg economy, but on the hopes and oppor- and their families, but people from Porter; and Erick Harris; in Jefferson tunities of the next generation—our every walk of life, who live each day City: Donna Spickert, who was the children and our grandchildren—who with courage, resilience, and optimism. State capitol director; and Becky Al- have the right to expect that we are Because of them, I believe with all my mond, my instate scheduler, as well as looking out for them? heart that America’s time of leadership a great staff assistant; in Springfield: Twenty-five years ago, our country is not done. Terry Campbell, the district director; was also in a difficult situation. Our I ask the Senate to honestly face the Christopher Stone; and Coriann Gastol; enemies doubted American resolve. true cost of defending this Nation. If and in Cape Girardeau: Jeff Glenn, who They were challenging us on a number we do, if we carry that burden with directed that office; and Liz Mainord. of fronts. We had just gone through a confidence, we will find the weight of it I also want to thank, as other Sen- period of chronic underfunding of the to have been a small thing compared to ators have done, my family, my wife, military, probably worse than what has the blessings of peace and liberty we obviously, in particular, who has happened recently. As a result, the will secure for ourselves, and the hope shared the highs and lows of this job, force was hollow, unable to reliably we will give to freedom-loving people and my wonder kids. perform the missions necessary to pro- all over the world. Mr. President, it remains only for me tect America. That is why the tragic Mr. President, I cannot close without to thank my colleagues in the Senate Desert One mission went so wrong in thanking my dedicated staff who for the many kindnesses, personal and the desert during the Iranian hostage served the people of Missouri so well professional, which they have shown crisis. over the last 4 years, who have kept me me and my family over the last 4 years. When President Reagan assumed of- going, kept me on time, who are large- Mr. President, I yield the floor. fice, he faced the situation squarely ly responsible for the many pieces of The PRESIDING OFFICER. The Sen- and honestly, and with the support of a legislation which Senator BOND was ator from Pennsylvania.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.085 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11438 CONGRESSIONAL RECORD — SENATE December 7, 2006 Mr. SPECTER. Mr. President, I have It is not unknown in our body to oc- where there are judicial emergencies. I sought recognition to discuss a number casionally defer some of the more con- think that from time to time we in the of matters briefly. troversial positions. But Senator Senate, where we have the responsi- HONORING SENATORIAL SERVICE SANTORUM didn’t do that. He spoke his bility for confirmation, don’t really BILL FRIST mind and he spoke his heart. Those are take seriously enough the impact of ju- First, I want to join my colleagues in rare qualities in public life and public dicial vacancies. The courts are busy. paying tribute to our majority leader, service and in politics. For that, I sa- The Third Circuit, my circuit, is over- Senator BILL FRIST, who has done such lute him. whelmed. District Court Judge Jordan an outstanding job in the past 12 years. On a personal level, RICK and I have ought to be confirmed. My colleagues Senator FRIST came to this Senate as had a superb relationship, not only pro- have told me about the problems posed a real all-American. He has displayed fessionally, not only politically, but by vacancies in their states. If these extraordinary talents, academically, also personally. A more devoted family other 13 districts nominees are not con- professionally, public service, as a fam- man could not be found. He has taken firmed today, they will languish until ily man, as a friend, at Princeton and this turn of electoral results philo- who knows—January turns into Feb- Harvard Medical School, a renowned sophically and in a good spirit. I have ruary and February in March. We al- heart and lung transplant surgeon, had some experience on the losing end ways find a reason around here not to then selected to be the majority leader of elections and, having been there, I do something. That applies most em- and has taken this body through a very say that he has responded with great phatically to the judges. difficult 4 years and a very productive class, with great style. His comment It is my hope that in the 110th Con- 4 years. earlier this week was: Tough on the A great deal has been said about Sen- gress, we will approach judicial con- family, tough on Karen, tough on the firmations a little differently. I have ator FRIST earlier today. I just wanted children, but now they have their hus- to add my personal congratulations to already consulted with Senator LEAHY, band back, and they have their father who will become chairman of the com- him on his service and to wish him back. And he had a big smile and a well. mittee. Senator LEAHY and I have had sense of satisfaction. He spoke to the an excellent working relationship on a RICK SANTORUM caucus yesterday, and he exuded con- bipartisan basis, and the record shows Mr. President, I regret the departure fidence. He exuded personal pride in of my distinguished colleague, Senator it. I don’t have to go into detail about what he had done. I join him in that. that. I have recommended to the White RICK SANTORUM. He has been really a As a colleague, I personally will miss House that the it consult with Senator ball of fire in the U.S. Congress. He was him very much. I know that will be the elected in 1990 to the House of Rep- LEAHY and the Democrats, as well as sentiment of this body, even those with with Arlen Specter, as ranking mem- resentatives, defeating a long-term in- whom he has tangled in a rigorous way. cumbent by literally going door to door ber, and the Republicans. There is a CONFIRMATION OF JUDGES in his district in the Pittsburgh area. limited amount of time. We know what He was elected to the U.S. Senate in Mr. President, I urge my colleagues happens in a Presidential election year. to move ahead with the confirmation 1994, reelected in the year 2000, and has Let us make a determination about of judges. displayed admirable qualities—energy, which judges can be confirmed—judges We have U.S. District Judge Kent determination, confidence, and the who meet the standards and criteria of Jordan, of the District of Delaware, pursuit of his own personal values. President Bush but who also pass mus- who has been nominated to be a judge There is no doubt that Senator ter in the U.S. Senate on both sides of on the U.S. Court of Appeals for the SANTORUM has espoused, articulated, the aisle. We have had vacancies for in- Third Circuit. He has been approved by and pushed causes he deeply believed in terminable periods of time. I have dis- the Judiciary Committee and is ready which may not have been popular in cussed this with Senator LEAHY and for floor action. Nobody has anything many quarters, but he was determined with the White House. to undertake the pursuit of those val- adverse to say about Judge Jordan. He I hope we approach the 110th Con- ues because he believed in them so is endorsed by both of the Delaware gress differently. And before this Con- deeply. I counseled him from time to Senators, both of whom are Democrats. gress adjourns, the 109th, I hope we will time to save some of his philosophy for They have a judicial emergency in the confirm these judges who are on the December of the year 2006. Third Circuit, and he ought to be con- A famous quotation about President firmed. calendar awaiting floor action. Lincoln; he was asked by a little boy, We also have a list of some 13 district EXHIBIT 1 in effect: How do you serve, Mr. Presi- court nominations pending on the executive calendar. I ask unanimous con- JUDICIAL NOMINEES PENDING ON THE SENATE dent? FLOOR He said: I represent my true beliefs sent that the list be printed at the con- and values 90 percent of the time. clusion of my remarks. The following nominees were all re- The little boy said: Well, what about The PRESIDING OFFICER. Without ported out of the Judiciary Committee the other 10 percent? objection, it is so ordered. prior to the October recess. Eight of The famous statement by President (See Exhibit 1.) the 14 nominees on the floor are in dis- Lincoln: So that I can represent my Mr. SPECTER. A good number of tricts where judicial emergencies have true values 90 percent of the time. these nominees are also in districts been declared.

Nominee Position Date Nominated Total Days Pending

Circuit: *Kent A. Jordan ...... Third Circuit ...... 6/29/2006 161 District: Valerie Baker ...... Central District of California ...... 5/4/2006 217 Nora Barry Fischer ...... Western District of Pennsylvania ...... 7/14/2006 146 Gregory Frizzell ...... Northern District of Oklahoma ...... 6/7/2006 183 *Philip Gutierrez ...... Central District of California ...... 4/24/2006 227 Marcia M. Howard ...... Middle District of Florida ...... 6/6/2006 184 John A. Jarvey ...... Southern District of Iowa ...... 6/29/2006 161 *Robert J. Jonker ...... Western District of Michigan ...... 6/29/2006 161 Sara E. Lioi ...... Northern District of Ohio ...... 7/14/2006 146 *Paul L. Maloney ...... Western District of Michigan ...... 6/29/2006 161 *Janet T. Neff ...... Western District of Michigan ...... 6/29/2006 161 *Lawrence J. O’Neill ...... Eastern District of California ...... 8/2/2006 127 *Leslie Southwick ...... Southern District of Mississippi ...... 6/6/2006 184 *Lisa Godbey Wood ...... Southern District of Georgia ...... 6/12/2006 178 *Indicates a Judicial Emergency.

ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT practices of the Department of Justice under a memorandum called the Mr. SPECTER. Mr. President, I in- on the attorney-client privilege where troduced legislation which will modify the Department of Justice, acting

VerDate Aug 31 2005 07:12 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.086 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11439 Thompson Memorandum by Deputy At- limits designed to preserve the attorney-cli- the United States from accepting, a vol- torney General Thompson, has initi- ent privilege and work product protections untary and unsolicited offer to share the in- ated a policy where requests are made available to an organization and preserve the ternal investigation materials of such orga- to waive the attorney-client privilege, constitutional rights and other legal protec- nization.’’. and if the attorney-client privilege is tions available to employees of such an orga- (b) CONFORMING AMENDMENT.—The table of nization. not waived, then that is considered in sections for chapter 201 of title 18, United SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT States Code, is amended by adding at the end the charges brought by the Federal PRIVILEGE OR ADVANCEMENT OF the following: Government, and also a commitment COUNSEL FEES AS ELEMENTS OF that corporations will not pay counsel COOPERATION. ‘‘3014. Preservation of fundamental legal (a) IN GENERAL.—Chapter 201 of title 18, protections and rights in the fees for their employees whom they are context of investigations and customarily expected to defend. This is United States Code, is amended by inserting after section 3013 the following: enforcement matters regarding an encroachment and a violation of the organizations.’’. sixth amendment right to jury trial. ‘‘§ 3014. Preservation of fundamental legal Because of the limited time and protections and rights in the context of investigations and enforcement matters re- ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT other Senators waiting, I will not OF 2006 elaborate upon the provisions of this garding organizations legislation. ‘‘(a) DEFINITIONS.—In this section: The bill protects the attorney-client rela- ‘‘(1) ATTORNEY-CLIENT PRIVILEGE.—The tionship by prohibiting federal lawyers and I ask unanimous consent that a sum- investigators from: (1) requesting that an or- mary of the bill and the text of the bill term ‘attorney-client privilege’ means the attorney-client privilege as governed by the ganization waive its attorney-client privi- be printed in the RECORD. principles of the common law, as they may lege or work product doctrine; and (2) condi- The PRESIDING OFFICER. Without be interpreted by the courts of the United tioning any charging decision or cooperation objection, it is so ordered. States in the light of reason and experience, credit on waiver or non-waiver of privilege, There being no objection, the mate- and the principles of article V of the Federal the payment of an employee’s legal fees, the rial was ordered to be printed in the Rules of Evidence. continued employment of a person under in- RECORD, as follows: ‘‘(2) ATTORNEY WORK PRODUCT.—The term vestigation, or the signing of a joint defense S. ll ‘attorney work product’ means materials agreement. Be it enacted by the Senate and House of Rep- prepared by or at the direction of an attor- All of the acts and considerations prohib- resentatives of the United States of America in ney in anticipation of litigation, particu- ited by the bill are acts and considerations Congress assembled, larly any such materials that contain a men- that federal prosecutors must factor into SECTION 1. SHORT TITLE. tal impression, conclusion, opinion, or legal any corporate or organizational charging de- This Act may be cited as the ‘‘Attorney- theory of that attorney. cision under DOJ’s Thompson Memorandum, Client Privilege Protection Act of 2006’’. ‘‘(b) IN GENERAL.—In any Federal inves- which is described in more detail below. SEC. 2. FINDINGS AND PURPOSE. tigation or criminal or civil enforcement The bill is appropriately narrow. It allows (a) FINDINGS.—Congress finds the fol- matter, an agent or attorney of the United organizations to continue offering internal lowing: States shall not— investigation materials to prosecutors, but (1) Justice is served when all parties to ‘‘(1) demand, request, or condition treat- only if such an offer is entirely voluntary litigation are represented by experienced ment on the disclosure by an organization, and unsolicited by the prosecutors. The bill diligent counsel. or person affiliated with that organization, also allows prosecutors to seek materials (2) Protecting attorney-client privileged of any communication protected by the at- that they reasonably believe are not privi- communications from compelled disclosure torney-client privilege or any attorney work leged. fosters voluntary compliance with the law. product; Mr. SPECTER. I well understand ‘‘(2) condition a civil or criminal charging (3) To serve the purpose of the attorney- that there will be no action on this client privilege, attorneys and clients must decision relating to a organization, or person have a degree of confidence that they will affiliated with that organization, on, or use matter during this Congress, but I not be required to disclose privileged com- as a factor in determining whether an orga- want to put it into the public milieu so munications. nization, or person affiliated with that orga- there can be comment about it and it (4) The ability of an organization to have nization, is cooperating with the Govern- will be pursued in the next Congress. effective compliance programs and to con- ment— The Department of Justice has advised duct comprehensive internal investigations ‘‘(A) any valid assertion of the attorney- that they are going to revise the is enhanced when there is clarity and con- client privilege or privilege for attorney Thompson Memorandum to a memo- sistency regarding the attorney-client privi- work product; lege. ‘‘(B) the provision of counsel to, or con- randum called the McNulty Memo- (5) Prosecutors, investigators, enforcement tribution to the legal defense fees or ex- randum from the Deputy Attorney officials, and other officers or employees of penses of, an employee of that organization; General. I had hoped we would have Government agencies have been able to, and ‘‘(C) the entry into a joint defense, infor- had it before the Senate went out of can continue to, conduct their work while mation sharing, or common interest agree- session so that we could have reviewed respecting attorney-client and work product ment with an employee of that organization it and perhaps accepted their work, but protections and the rights of individuals, in- if the organization determines it has a com- it is not ready. I have advised Deputy cluding seeking and discovering facts crucial mon interest in defending against the inves- Attorney General Paul McNulty and to the investigation and prosecution of orga- tigation or enforcement matter; nizations. ‘‘(D) the sharing of information relevant to also Attorney General Gonzales that (6) Despite the existence of these legiti- the investigation or enforcement matter this legislation would be introduced mate tools, the Department of Justice and with an employee of that organization; or and we can work on it in the next Con- other agencies have increasingly employed ‘‘(E) a failure to terminate the employ- gress. tactics that undermine the adversarial sys- ment of or otherwise sanction any employee HEDGE FUNDS tem of justice, such as encouraging organiza- of that organization because of the decision tions to waive attorney-client privilege and by that employee to exercise the constitu- Mr. SPECTER. Mr. President, I will work product protections to avoid indict- tional rights or other legal protections of include for the RECORD proposed legis- ment or other sanctions. that employee in response to a Government lation to deal with hedge funds. The (7) An indictment can have devastating request; or Judiciary Committee has had a series consequences on an organization, potentially ‘‘(3) demand or request that an organiza- of hearings on this important subject, tion, or person affiliated with that organiza- eliminating the ability of the organization now $1.3 trillion in the economy, 30 to survive post-indictment or to dispute the tion, not take any action described in para- charges against it at trial. graph (2). percent of the stock transactions. (8) Waiver demands and other tactics of ‘‘(c) INAPPLICABILITY.—Nothing in this Act After reflecting on the matter, I have Government agencies are encroaching on the shall prohibit an agent or attorney of the decided not to introduce the legislation constitutional rights and other legal protec- United States from requesting or seeking but simply to put the draft bill in the tions of employees. any communication or material that such record so that there can be further (9) The attorney-client privilege, work agent or attorney reasonably believes is not comment. I talked about this proposed product doctrine, and payment of counsel entitled to protection under the attorney-cli- legislation earlier this week and had ent privilege or attorney work product doc- fees shall not be used as devices to conceal said that I was going to introduce the wrongdoing or to cloak advice on evading trine. the law. ‘‘(d) VOLUNTARY DISCLOSURES.—Nothing in legislation, but I want to give inter- (b) PURPOSE.—It is the purpose of this Act this Act is intended to prohibit an organiza- ested parties more time to comment on to place on each agency clear and practical tion from making, or an agent or attorney of it.

VerDate Aug 31 2005 07:12 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.102 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11440 CONGRESSIONAL RECORD — SENATE December 7, 2006 I ask unanimous consent that a sum- (10) Hedge funds enhance market liquidity tential for increased profitability of the ex- mary of the bill and the bill itself be and contribute to pricing efficiency and mar- ercise of stock options or other trading in se- printed in the RECORD. I am not intro- ket stabilization, but these sophisticated in- curities. ducing the bill. I do not look for a Sen- struments should be restricted to wealthy ‘‘(2) PENALTY.—Whoever violates para- investors. Recent hedge fund collapses and graph (1) shall be fined under this title, im- ate bill number on it. But it will be in fraudulent trading activities have harmed prisoned not more than 25 years, or both. the public record, and there will be retirees and smaller investors who increas- ‘‘(c) INVESTIGATIONS OF OFFENSES.— more time for people in the profession ingly are exposed to the risk of hedge funds ‘‘(1) IN GENERAL.—The Attorney General to evaluate and comment upon it. through intermediaries such as pension may, in the discretion of the Attorney Gen- There being no objection, the mate- funds and long term growth and saving vehi- eral, and in no way in limitation of any rial was ordered to be printed in the cles. Requiring registration with the Securi- other authority of the Attorney General— RECORD, as follows: ties and Exchange Commission by hedge ‘‘(A) make such investigations as the At- funds or hedge fund advisers that sell securi- torney General determines necessary to as- S. ll ties to or manage investments of pension certain whether any person has violated, is Be it enacted by the Senate and House of Rep- funds and smaller investors strikes the ap- violating, or is about to violate any provi- resentatives of the United States of America in propriate balance between investor protec- sion of this section; Congress assembled, tion and capital formation needs. ‘‘(B) request or receive, at any stage of an SECTION 1. SHORT TITLE. (b) PURPOSE.—The purpose of this Act is to investigation, evidence concerning such acts This Act may be cited as the ‘‘Criminal ensure effective criminal enforcement of pro- or practices as may constitute a violation of Misuse of Material Nonpublic Information hibitions against unlawful insider trading this section from the Securities and Ex- and Investor Protection Act of 2006’’. and effective protection of the integrity of change Commission, Commodities Futures SEC. 2. FINDINGS; PURPOSE. the securities markets and investors who use Trading Commission, or another Federal (a) FINDINGS.—Congress finds the fol- them by authorizing coordination of inves- agency; and lowing: tigation by civil regulatory agencies and the ‘‘(C) coordinate the investigation and pros- (1) Unlawful insider trading causes a loss of Department of Justice, providing effective ecution of acts or practices as may con- confidence in the integrity of the securities incentives for private citizens to report and stitute a violation of this section with the markets, increases the cost of equity capital, provide evidence of misuse of material non- attorney general of any State or States. and places small investors at a disadvantage. public information, requiring hedge funds to ‘‘(2) NO REQUIREMENT TO DISCLOSE.—The At- (2) Unlawful insider trading and other mis- create and enforce effective compliance pro- torney General and agents of any other Fed- use of material nonpublic information is in- grams and ensure maintenance of records, eral agency have no duty, and shall not be sidious and has become pervasive. The num- and removing exemptions from coverage required, to disclose any contact or inves- ber of insider trading referrals to the Securi- under the Securities Act of 1933, and the In- tigation described in paragraph (1) to any ties and Exchange Commission from the New vestment Company Act of 1940, for hedge person, except under a court order issued on York Stock Exchange has doubled in the funds that choose to sell to and manage in- good cause shown that the sole basis for the past 2 years. vestments of pension funds and retail inves- civil investigation is to assist in a criminal (3) There is a need to increase the prob- tors, unless the adviser or manager is reg- investigation by the Attorney General.’’. istered under the Investment Advisers Act of ability that wrongdoers will be detected and SEC. 5. INCENTIVES FOR PRIVATE CITIZENS TO successfully prosecuted and to decrease the 1940. REPORT AND ASSIST IN THE INVES- opportunity for misuse of material nonpublic SEC. 3. DEFINITIONS. TIGATION OF UNLAWFUL INSIDER information. In this Act— TRADING; PROTECTION FROM RE- (4) Criminal prosecutions and effective (1) the term ‘‘hedge fund’’— TALIATION. compliance programs are the most effective (A) means a privately offered, pooled in- (a) AWARDS.— deterrent to unlawful insider trading and vestment vehicle— (1) IN GENERAL.—The Attorney General of other misuse of material nonpublic informa- (i) that is not widely available to the pub- the United States may award an amount tion. lic; and equal to not more than 30 percent of any (5) Effective criminal enforcement has de- (ii) the assets of which are managed by a fine, penalty, or settlement recovered by the pended on close cooperation and sharing of professional investment management firm or Attorney General to a person who provides expertise and duties of investigation among other fund manager or adviser; and information leading to the prosecution of un- civil regulatory agencies, such as the Securi- (B) does not include a private equity, ven- lawful insider trading, or other violation of ties and Exchange Commission, the Com- ture capital, or real estate fund; and section 1348 of title 18, United States Code, modities Futures Trading Commission, the (2) the term ‘‘qualified purchaser’’ has the (as amended by this Act), the Securities Ex- Department of Justice, and self-regulatory meaning given that term in section 2 of the change Act of 1934 (15 U.S.C. 78a et seq.), or organizations. Certain recent court decisions Investment Company Act of 1940 (15 U.S.C. a related wire or mail fraud. have chilled this cooperation. 80a-2). (2) CONSIDERATIONS.—In making an award (6) Misuse of material nonpublic informa- SEC. 4. MISUSE OF MATERIAL NONPUBLIC INFOR- under this subsection, the Attorney General tion by manipulating the grant dates of MATION. shall take into account— stock options or timing of publication of ma- Section 1348 of title 18, United States Code, (A) the importance of the information pro- terial nonpublic information for purposes of is amended— vided by the person; more profitable trading is a form of unlawful (1) by inserting ‘‘(a) IN GENERAL.—’’ before (B) whether the Federal Government had insider trading that harms investors. Public ‘‘Whoever’’; and some or all of the information provided by companies that adhere to a regular and ob- (2) by adding at the end the following: the person before that person provided that jectively identifiable program for selecting ‘‘(b) MISUSE OF MATERIAL NONPUBLIC IN- information; option grant dates presumptively are not en- FORMATION.— (C) whether the information was provided gaging in fraudulent behavior regarding the ‘‘(1) IN GENERAL.—It shall be unlawful for voluntarily; grant of those options. any person to— (D) whether the person was complicit; (7) The hedge fund industry currently ac- ‘‘(A) knowingly use material nonpublic in- (E) the assistance of other persons; and counts for approximately 30 percent of all formation of a specific nature gained by (F) the amount of the fine, penalty, or set- United States equity trading volume, and means other than research and skill as a sig- tlement from which the award will be paid. this percentage has been growing rapidly. A nificant factor in a trading decision (includ- (3) IDENTITY.—The identity of a person pro- substantial percentage of the open investiga- ing a decision affecting the timing or volume viding confidential information regarding tions of insider trading by the Securities and of trading) in connection with any security unlawful insider trading or related fraud Exchange Commission in 2006 involve hedge of an issuer with a class of securities reg- may remain anonymous, and that person funds. istered under section 12 of the Securities Ex- may still be eligible to receive an award (8) Hedge funds increasingly are making change Act of 1934 (15 U.S.C. 78l) or that is under this subsection, if that person provides loans, participating in private placements, required to file reports under section 15(d) of sufficient evidence to allow the identifica- and sitting on bankruptcy committees and the Securities Exchange Act of 1934 (15 tion of that person as the source of that incorporate boards. These changes increase U.S.C. 78o) (including trading in options con- formation. hedge funds’ access to material nonpublic in- tracts), regardless of whether such person (4) EXCLUSIONS.—A Federal employee or an formation. Pressure on hedge funds to de- owes a duty to, has an agreement with, or employee of a self-regulatory organization liver high returns may increase the risk of makes a disclosure of intent to trade to the (as that term is defined in section 3 of the insider trading or other misuse of such infor- source of the information; or Securities Exchange Act of 1934 (15 U.S.C. mation. ‘‘(B) knowingly use material nonpublic in- 78c)) may not receive an award under this (9) Light regulation, secrecy, unregulated formation of a specific nature to establish, subsection if the information provided to the recordkeeping, and limited compliance pro- or to otherwise manipulate, the grant date Federal Government was gained in the grams of hedge funds increase the difficulty or strike price of stock options or the timing course of the employment of that person. of detecting and proving unlawful insider of the publication of material nonpublic in- (b) RETALIATION.—A person who suffers re- trading by hedge funds. formation for the purpose of creating the po- taliation because that person, in good faith

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.088 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11441 and with reasonable basis, has provided spe- (5) whether that hedge fund has engaged nomination of Dr. Andrew von Eschenbach cific information about unlawful insider qualified external auditors to audit annual to be Commissioner of the Food and Drug trading to the Federal Government, or has financial statements. Administration. Dr. von Eschenbach brings assisted in a Federal investigation of unlaw- SEC. 7. REGISTRATION OF HEDGE FUNDS THAT an extraordinary record to the FDA as he ful insider trading, may file a private action CHOOSE TO OFFER SECURITIES TO has accomplished a great deal. in a United States district court against the PENSION FUNDS AND SMALLER IN- I am pleased that the Senate invoked clo- person or entity that has engaged in the re- VESTORS. ture on Dr. von Eschenbach’s nomination, taliation, and may recover damages based on (a) SECURITIES ACT OF 1933.—On and after and that the Health, Education, Labor and economic losses resulting from such retalia- the date that is 300 days after the date of en- Pensions committee unanimously supported tion, and attorneys’ fees. actment of this Act, the sale of securities, the nomination of such an accomplished directly or indirectly, by a hedge fund, fund Pennsylvanian. A native of Philadelphia, Dr. SEC. 6. COMPLIANCE AND RECORDKEEPING BY of hedge funds, or manager or adviser of a HEDGE FUNDS AND FUNDS OF von Eschenbach earned a B.S. from St. Jo- HEDGE FUNDS. hedge fund to a pension fund or investor who seph’s University in Philadelphia in 1963, and is not a qualified purchaser shall be a public (a) IN GENERAL.—Not later than 180 days his medical degree from Georgetown Univer- offering for purposes of section 4(2) of the Se- after the date of enactment of this Act, each sity School of Medicine in 1967. He completed curities Act of 1933 (15 U.S.C. 77d(2)). hedge fund, fund of hedge funds, and man- residencies at Pennsylvania Hospital in gen- (b) INVESTMENT COMPANY ACT OF 1940.—On ager of a hedge fund or fund of hedge funds eral surgery and urology and taught urology and after the date that is 300 days after the at the University of Pennsylvania School of that offers securities to, or manages invest- date of enactment of this Act, a hedge fund ments of, residents of the United States Medicine. He also served in the U.S. Navy manager or adviser that manages, directly or Medical Corps with the rank of lieutenant shall— indirectly, the investments of a public or pri- (1) establish a written code of ethics that commander from 1968 to 1971. Dr. von vate pension fund or of any person who is not Eschenbach is a nationally recognized uro- contains provisions reasonably necessary to a qualified purchaser may not be determined prevent misuse of material nonpublic infor- logic surgeon and oncologist, and his distin- to be excluded from the definition of an in- guished career as a leader in the fight mation; vestment company for purposes of the In- (2) design a formal compliance program against cancer spans over three decades. vestment Company Act of 1940 (15 U.S.C. 80a- As Chairman of the Labor, Health and and written policies and procedures that ad- 1 et seq.) based on paragraph (1) or (7) of sec- Human Services, and Education Appropria- dress— tion 3(c) of that Act (15 U.S.C. 80a-3(c)). tions subcommittee, I have worked with Dr. (A) safeguarding of material nonpublic in- (c) APPLICABILITY.—This section shall not von Eschenbach in his capacity as director of formation; apply— the National Cancer Institute (NCI). When (B) misuse of material nonpublic informa- (1) to any hedge fund or fund of hedge Dr. von Eschenbach was president-elect of tion; funds if less than 5 percent of the capital of the American Cancer Society, he was se- (C) the personal securities transactions that fund is attributable, directly or indi- lected by President George W. Bush to head and ownership of employees; rectly, to investments by pension funds or the NCI in December 2001. As director of the (D) employee education and acknowledg- investors who are not qualified purchasers; NCI, he announced in 2003 that his organiza- ment of education; or tion’s goal was to ‘‘eliminate suffering and (E) the role of trained compliance per- (2) to a hedge fund adviser, if that advisor death’’ caused by cancer by the year 2015. sonnel in the monitoring and control of ma- is registered with the Securities and Ex- In 1970, the President of the United States, terial nonpublic information; and change Commission under the Investment Richard Nixon, declared war on cancer and (F) detection and prevention of misuse of Advisers Act of 1940. had that war been pursued with the same material nonpublic information; and SEC. 8. REVISING DEFINITION OF ACCREDITED diligence and resources that we pursue other (3) implement procedures, internal con- INVESTOR AS APPLIED RETAIL IN- wars, I would not have gotten cancer, my trols, and recordkeeping systems adequate to VESTMENT IN HEDGE FUNDS. former chief of staff, Carey Lackman would A hedge fund may not charge a perform- ensure compliance with the code, program, not have died of cancer, a good friend of ance fee, if more than 5 percent of the assets policies, and procedures described in para- mine, Paula Kline, wife of Tom Kline, my under management of the hedge fund are graphs (1) and (2). former law partner, and my good friend Fed- owned by persons whose net worth, or joint (b) PENALTY.—Any hedge fund, fund of eral Judge Edward Becker would not have net worth with the person’s spouse, is less hedge funds, or manager or adviser of a died. It is something that we hear about than $3,000,000, excluding the value of the hedge fund that fails to comply with sub- every day. Dr. von Eschenbach, a cancer sur- section (a) and offers securities to, or man- primary residence of the person. Mr. SPECTER. Mr. President, I urge vivor himself, understands the need for bet- ages investments of, residents of the United ter cancer treatments. During Dr. von States shall each be fined not more than the confirmation of Dr. Andrew von Eschenbach’s tenure as Director of the NCI, $5,000 per day of material violation of this Eschenbach to be Commissioner of the funding for the NCI for FY03 was $4.67 bil- section. Food and Drug Administration. Dr. lion. Today, recommended Senate funding (c) ENFORCEMENT.— Von Eschenbach is a native Philadel- for the NCI is $4.8 billion, an increase of $13 (1) IN GENERAL.—Compliance with this sec- phian. He has had a very distinguished million. However, it is concerning that the tion shall be enforced by the Department of professional record. He has served as funding for the NCI in fiscal year 2006 was $50 Justice and the Securities and Exchange million less than fiscal year 2005. Commission. the director of the National Cancer In- stitute. He has made a commitment If Dr. von Eschenbach is confirmed, I look (2) RECORDS.—The records of a hedge fund, forward to working with him as Commis- fund of hedge funds, or manager or adviser of publicly to lead the way to conquer sioner of the FDA. His expertise, experience, a hedge fund relating to a requirement of cancer by the year 2015. Frankly, that and commitment to public service will be of this section or compliance with this section is not good enough for me. I think we great services to our nation. are subject to reasonable periodic, special, ought to do it sooner. The PRESIDING OFFICER. The Sen- and other examination by a representative of In 1970, President Nixon declared war ator from Nevada. the Department of Justice or the Securities on cancer. Had we pursued that war RICK SANTORUM and Exchange Commission for purposes of with the same diligence we have pur- Mr. ENSIGN. Mr. President, I am determining compliance with this section. sued other wars, many people would (d) DISCLOSURES.—Each hedge fund and going to take a couple minutes to talk not have died and many people would fund of hedge funds shall provide any inves- about my great friend RICK SANTORUM. not have contracted cancer. Dr. Von tor or prospective investor in that hedge Election night; a lot of emotions going Eschenbach has done an outstanding fund with information to enhance the ability on; no question my heart was torn be- job in his professional career, and he of that investor or prospective investor to cause my best friend in the Senate lost evaluate investment decisions regarding would make an excellent Commissioner the election that night. I was saddened that hedge fund, including information re- of the FDA. garding— I ask unanimous consent that my simply from a personal level, but I was (1) the investment objectives, strategies to statement of his qualifications and also saddened for our country because I be employed, and range of permissible in- believe RICK SANTORUM has served this background be printed in the RECORD. vestments of that hedge fund; There being no objection, the mate- country so well. His integrity, his vi- (2) the risks of making an investment in sion—so many things about this man that hedge fund, including the use of debt to rial was ordered to be printed in the RECORD, as follows: have really been extraordinary. leverage returns; I have gotten to know a lot of the STATEMENT OF SENATOR ARLEN SPECTER— (3) base-line performance information re- people around him, his staff. It says a garding that hedge fund; NOMINATION OF DR. ANDREW VON (4) any agreement between the hedge fund ESCHENBACH COMMISSIONER OF THE FOOD lot about him because of how many of and investors that varies the material terms AND DRUG ADMINISTRATION them are sitting in this room today. of the arrangements with certain investors; Mr. SPECTER. Mr. President, I have The quality of the people he has around and sought recognition to speak in support of the him says a tremendous amount about

VerDate Aug 31 2005 07:12 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.021 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11442 CONGRESSIONAL RECORD — SENATE December 7, 2006 him, as does the passion with which with the opportunity to do this and to have given me, through their sacrifice, they served him and the passion with serve in a way that I hope he has called to do that for the last 16 years. which he serves the country. me to serve. I thank my mom and dad and Karen’s I also came to know Karen and his Second, I thank my family. Karen mom and dad and all in our family who six kids. They are extraordinary peo- and the kids are watching. They have have been supportive every step of the ple. RICK is a great leader of his home. suffered a lot and have sacrificed a lot way—sometimes wondering why I was Just seeing the love and respect that in 16 years. I was telling JOHN the doing this, sometimes unable to walk Karen has for RICK and that his chil- other day that it is amazing how you to the end of the driveway and pick up dren have for him as a father says a lot think you are doing certain things the paper for fear of what next was about him as an individual as well. well, and then you have the oppor- going to be said about their son-in-law I am going to keep this short. This is tunity to spend a little more time or son. But they stood with us and completely from the heart. I can say doing those things and you realize how fought with us and they comforted us. with confidence that as a human being, insufficiently you did them in the past. I thank them. there have been maybe as good human A phrase from the Bible is ringing in JOHN mentioned the people who are beings who have served in this Senate, my ears, ‘‘the scales falling off of the here in this room, my staff. but there have been no better. He is eyes.’’ In the last month or so, I have I ask unanimous consent to have that quality of a human being. His had a lot of scales fall from my eyes— printed a list of all of the folks who faith leads him to that. I consider it a to see not just what the 2 years have worked for us over the last 12 years in great privilege to have served with him been to my family, which have been a the Senate at the end of my remarks. and to call him a friend over these last tough 2 or 3 years, but the accumula- The PRESIDING OFFICER. Without 6 years. I know the friendship he and I tion of 16 years in what is a very dif- objection, it is so ordered. share will be a lifetime friendship. ficult life. I know everybody here rec- (See Exhibit 1.) RICK, this body will miss you greatly, ognizes that because you live it. They Mr. SANTORUM. Mr. President, I but no one in this body will miss you know how difficult this life is, how wish I could read all these names, but more than I. public everything we do and say is or there are a lot of names. These are peo- The PRESIDING OFFICER (Mr. what we are accused of. We think we ple who worked for me in my personal CHAFEE). The Senator from Pennsyl- understand how difficult that is for our office in Washington and in my offices vania is recognized. family, but I don’t think we really do. across the State and the people who FAREWELL TO THE SENATE I want to say thank you to Karen, who worked here in Washington in my lead- Mr. SANTORUM. Mr. President, let I picture in my mind with this T-shirt ership office at the Senate Republican me thank my great friend and col- dress she wore and had stenciled on it Conference. JOHN said it so well. These league from Nevada for his very kind ‘‘Santorum for Congress.’’ She went are incredible people. I have had the words. I thank him for coming to hear knocking on doors in 1990, when no one opportunity now in the last few days to my last speech on the floor of the Sen- gave us a chance. We did the impos- sit and talk with each one of my staff ate. I know there are many listening sible. We were able to defeat a 14-year members to find out what they are who are applauding at this moment for incumbent who no one thought could doing and to get any final thoughts that. But I come here with a wonderful be beat. I would not have even come they would have. One after another, I spirit. I have written on the top of the close to winning that election but for have been amazed at the dedication, in- page the same words that I wrote the her. telligence, caring, and the commit- night of the election, and that is the In 1994, it was the same thing. She ment of service they had to the people word ‘‘gratitude’’ because that is all I went out with the two children at of Pennsylvania, or to the causes I feel—an incredible sense of gratitude. home and she spent day after day—not have attempted to do my best to fight Mark Rodgers is my long-time friend traveling with, no; she was giving for in the Senate. These are incredibly and chief of staff, now head of the con- speeches in her own right and traveling talented people whom I have been so ference. We were talking again this all over the Commonwealth of Pennsyl- blessed to be associated with and to morning about coming to work every vania, sacrificing. They continued to work with. day and walking up to the Capitol do that day after day, year after year. I looked at the list of our legislative Building every day for 16 years now I was a Senator, and I had important accomplishments and I can say, yes, I and still feeling that, wow, I work things to do. worked on that, but on the autism leg- here—every day for 16 years. It was I tell stories all the time about de- islation, Jennifer Vesey wrote it, not such a gift, such an incredible gift to bates that were held on the floor of the me. She spent 16 months working with be blessed to serve the people of the Senate, when I would call Karen and 15 offices. In fact, let me do something 18th District in the Congress, south- say I had to come back to this very at this point. western Pennsylvania, in Allegheny place and say more. There was never a County, and for 12 incredible years to hesitation. She served more than I did. f be able to serve the people of Pennsyl- My children—none of them have known vania here. their father without being in politics. I COMBATING AUTISM ACT OF 2006 So first and foremost, I want to got married in 1990 to Karen, and Eliza- thank who is most responsible—and beth came along 11 months later. Their Mr. SANTORUM. Mr. President, I that is God—for this great gift he has life has been with their father in poli- ask the Chair lay before the Senate a bestowed upon me and my family—to tics, in the public arena. They have had message form the House of Representa- be able the serve the greatest country to deal with that in both pleasurable tives on the bill (S. 843) to combat au- in the history of the world and to serve ways and some very painful ways. So I tism through research, screening, in a body that is, and hopefully will be, thank them for being without their dad intervention and education. the greatest deliberative body in the far too often. Even when they are with The PRESIDING OFFICER laid be- world. I think back to my dad, when he their dad, I am not as attentive as I fore the Senate the following message came to this country, and my mom, should have been. But I think they from the House of Representatives. who is a second generation, and I think knew and they shared in the endeavor S. 843 of how I grew up. It is amazing what a because they knew it was important Resolved, That the bill from the Senate (S. great country this is and how God has for them and for our country. 843) entitled ‘‘An Act to amend the Public bestowed upon me and my family tre- So, hopefully, out of this experience Health Service Act to combat autism mendous blessings. So I thank Him for they have been given a sense of pur- through research, screening, intervention and education’’, do pass with the following the opportunity he has given me to pose, and they know more about what amendment: serve. We are all called to serve. Some life should be all about and that is to Strike out all after the enacting clause and are frustrated because they don’t think serve—serve God, serve your family, insert: they are in a job or a position in life serve your community, and to serve SECTION 1. SHORT TITLE. where they are doing what God has your country. It is a great blessing. I This Act may be cited as the ‘‘Combating Au- called them to do. God has blessed me thank them for the opportunity they tism Act of 2006’’.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 6333 E:\CR\FM\G07DE6.090 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11443 SEC. 2. CENTERS OF EXCELLENCE; IMPROVING the Secretary may provide direct technical as- interventions for individuals with autism spec- AUTISM-RELATED RESEARCH. sistance in lieu of cash. trum disorder or other developmental disabil- (a) CENTERS OF EXCELLENCE REGARDING RE- ‘‘(2) DATA STANDARDS.—In submitting epide- ities, and train professionals to utilize valid and SEARCH ON AUTISM.—Section 409C of the Public miological data to the Secretary pursuant to reliable screening tools to diagnose or rule out Health Service Act (42 U.S.C.284g) is amended— paragraph (1), an eligible entity shall report and provide evidence-based interventions for (1) in the section heading, by striking ‘‘AU- data according to guidelines prescribed by the children with autism spectrum disorder and TISM’’ and inserting ‘‘AUTISM SPECTRUM DIS- Director of the Centers for Disease Control and other developmental disabilities; and ORDER’’; Prevention, after consultation with relevant ‘‘(2) to conduct activities under this section (2) by striking the term ‘‘autism’’ each place State and local public health officials, private with a focus on an interdisciplinary approach such term appears (other than the section head- sector developmental disability researchers, and (as defined in programs developed under section ing) and inserting ‘‘autism spectrum disorder’’; advocates for individuals with autism spectrum 501(a)(2) of the Social Security Act) that will and disorder or other developmental disabilities. also focus on specific issues for children who are (3) in subsection (a)— ‘‘(3) ELIGIBILITY.—To be eligible to receive an not receiving an early diagnosis and subsequent (A) by redesignating paragraph (2) as para- award under paragraph (1), an entity shall be a interventions. graph (3); and public or nonprofit private entity (including a ‘‘(b) IN GENERAL.—The Secretary shall, sub- (B) by striking paragraph (1) and inserting health department of a State or a political subject to the availability of appropriations, estab- the following: division of a State, a university, or any other lish and evaluate activities to— ‘‘(1) EXPANSION OF ACTIVITIES.—The Director educational institution), and submit to the Sec- ‘‘(1) provide information and education on of NIH (in this section referred to as the ‘Direc- retary an application at such time, in such man- autism spectrum disorder and other develop- tor’) shall, subject to the availability of appro- ner, and containing such information as the mental disabilities to increase public awareness priations, expand, intensify, and coordinate the Secretary may require. of developmental milestones; activities of the National Institutes of Health ‘‘(b) CENTERS OF EXCELLENCE IN AUTISM SPEC- ‘‘(2) promote research into the development with respect to research on autism spectrum dis- TRUM DISORDER EPIDEMIOLOGY.— and validation of reliable screening tools for au- order, including basic and clinical research in ‘‘(1) IN GENERAL.—The Secretary, acting tism spectrum disorder and other developmental through the Director of the Centers for Disease fields including pathology, developmental disabilities and disseminate information regard- Control and Prevention, shall, subject to the neurobiology, genetics, epigenetics, pharma- ing those screening tools; availability of appropriations, award grants or cology, nutrition, immunology, ‘‘(3) promote early screening of individuals at cooperative agreements for the establishment of neuroimmunology, neurobehavioral develop- higher risk for autism spectrum disorder and regional centers of excellence in autism spectrum ment, endocrinology, gastroenterology, and toxi- other developmental disabilities as early as disorder and other developmental disabilities ep- cology. Such research shall investigate the practicable, given evidence-based screening idemiology for the purpose of collecting and cause (including possible environmental causes), techniques and interventions; analyzing information on the number, inci- diagnosis or rule out, early detection, preven- ‘‘(4) increase the number of individuals who dence, correlates, and causes of autism spectrum tion, services, supports, intervention, and treat- are able to confirm or rule out a diagnosis of au- disorder and other developmental disabilities. ment of autism spectrum disorder. tism spectrum disorder and other developmental ‘‘(2) REQUIREMENTS.—To be eligible to receive ‘‘(2) CONSOLIDATION.—The Director may con- disabilities; a grant or cooperative agreement under para- solidate program activities under this section if ‘‘(5) increase the number of individuals able to graph (1), an entity shall submit to the Sec- such consolidation would improve program effi- provide evidence-based interventions for individ- retary an application containing such agree- ciencies and outcomes.’’. uals diagnosed with autism spectrum disorder or ments and information as the Secretary may re- (b) CENTERS OF EXCELLENCE GENERALLY.— other developmental disabilities; and quire, including an agreement that the center to Part A of title IV of the Public Health Service ‘‘(6) promote the use of evidence-based inter- be established under the grant or cooperative Act (42 U.S.C. 281 et seq.) is amended by adding ventions for individuals at higher risk for au- agreement shall operate in accordance with the at the end the following: tism spectrum disorder and other developmental following: disabilities as early as practicable. ‘‘SEC. 404H. REVIEW OF CENTERS OF EXCEL- ‘‘(A) The center will collect, analyze, and re- ‘‘(c) INFORMATION AND EDUCATION.— LENCE. port autism spectrum disorder and other devel- ‘‘(1) IN GENERAL.—In carrying out subsection ‘‘(a) IN GENERAL.—Not later than April 1, opmental disability data according to guidelines (b)(1), the Secretary, in collaboration with the 2008, and periodically thereafter, the Secretary, prescribed by the Director of the Centers for Dis- Secretary of Education and the Secretary of Ag- acting through the Director of NIH, shall con- ease Control and Prevention, after consultation riculture, shall, subject to the availability of ap- duct a review and submit a report to the appro- with relevant State and local public health offi- propriations, provide culturally competent infor- priate committees of the Congress on the centers cials, private sector developmental disability re- mation regarding autism spectrum disorder and of excellence. searchers, and advocates for individuals with other developmental disabilities, risk factors, ‘‘(b) REPORT CONTENTS.—Each report under developmental disabilities. characteristics, identification, diagnosis or rule subsection (a) shall include the following: ‘‘(B) The center will develop or extend an area out, and evidence-based interventions to meet ‘‘(1) Evaluation of the performance and re- of special research expertise (including genetics, the needs of individuals with autism spectrum search outcomes of each center of excellence. epigenetics, and epidemiological research related disorder or other developmental disabilities and ‘‘(2) Recommendations for promoting coordi- to environmental exposures), immunology, and their families through— nation of information among centers of excel- other relevant research specialty areas. ‘‘(A) Federal programs, including— lence. ‘‘(C) The center will identify eligible cases and ‘‘(i) the Head Start program; ‘‘(3) Recommendations for improving the effec- controls through its surveillance system and ‘‘(ii) the Early Start program; tiveness, efficiency, and outcomes of the centers conduct research into factors which may cause ‘‘(iii) the Healthy Start program; of excellence. or increase the risk of autism spectrum disorder ‘‘(iv) programs under the Child Care and De- ‘‘(c) DEFINITION.—In this section, the term and other developmental disabilities. velopment Block Grant Act of 1990; ‘center of excellence’ means an entity receiving ‘‘(c) FEDERAL RESPONSE.—The Secretary shall ‘‘(v) programs under title XIX of the Social funding under this title in its capacity as a cen- coordinate the Federal response to requests for Security Act (particularly the Medicaid Early ter of excellence.’’. assistance from State health, mental health, and and Periodic Screening, Diagnosis and Treat- SEC. 3. DEVELOPMENTAL DISABILITIES SURVEIL- education department officials regarding poten- ment Program); LANCE AND RESEARCH PROGRAM. tial or alleged autism spectrum disorder or de- ‘‘(vi) the program under title XXI of the So- (a) IN GENERAL.—Title III of the Public velopmental disability clusters. cial Security Act (the State Children’s Health Health Service Act (42 U.S.C. 241 et seq.) is ‘‘(d) DEFINITIONS.—In this part: Insurance Program); amended by adding at the end the following: ‘‘(1) OTHER DEVELOPMENTAL DISABILITIES.— ‘‘(vii) the program under title V of the Social The term ‘other developmental disabilities’ has Security Act (the Maternal and Child Health ‘‘PART R—PROGRAMS RELATING TO the meaning given the term ‘developmental dis- Block Grant Program); AUTISM ability’ in section 102(8) of the Developmental ‘‘(viii) the program under parts B and C of the ‘‘SEC. 399AA. DEVELOPMENTAL DISABILITIES Disabilities Assistance and Bill of Rights Act of Individuals with Disabilities Education Act; SURVEILLANCE AND RESEARCH PRO- 2000 (42 U.S.C. 15002(8)). ‘‘(ix) the special supplemental nutrition pro- GRAM. ‘‘(2) STATE.—The term ‘State’ means each of gram for women, infants, and children estab- ‘‘(a) AUTISM SPECTRUM DISORDER AND OTHER the several States, the District of Columbia, the lished under section 17 of the Child Nutrition DEVELOPMENTAL DISABILITIES.— Commonwealth of Puerto Rico, American Act of 1966 (42 U.S.C. 1786); and ‘‘(1) IN GENERAL.—The Secretary, acting Samoa, Guam, the Commonwealth of the North- ‘‘(x) the State grant program under the Reha- through the Director of the Centers for Disease ern Mariana Islands, the Virgin Islands, and bilitation Act of 1973. Control and Prevention, may award grants or the Trust Territory of the Pacific Islands. ‘‘(B) State licensed child care facilities; and cooperative agreements to eligible entities for the ‘‘(e) SUNSET.—This section shall not apply ‘‘(C) other community-based organizations or collection, analysis, and reporting of State epi- after September 30, 2011. points of entry for individuals with autism spec- demiological data on autism spectrum disorder ‘‘SEC. 399BB. AUTISM EDUCATION, EARLY DETEC- trum disorder and other developmental disabil- and other developmental disabilities. An eligible TION, AND INTERVENTION. ities to receive services. entity shall assist with the development and co- ‘‘(a) PURPOSE.—It is the purpose of this sec- ‘‘(2) LEAD AGENCY.— ordination of State autism spectrum disorder tion— ‘‘(A) DESIGNATION.—As a condition on the and other developmental disability surveillance ‘‘(1) to increase awareness, reduce barriers to provision of assistance or the conduct of activi- efforts within a region. In making such awards, screening and diagnosis, promote evidence-based ties under this section with respect to a State,

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.022 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11444 CONGRESSIONAL RECORD — SENATE December 7, 2006 the Secretary may require the Governor of the cies, including institutions of higher education, ‘‘(D) representatives of other Federal Govern- State— to expand existing or develop new maternal and mental agencies that serve individuals with au- ‘‘(i) to designate a public agency as a lead child health interdisciplinary leadership edu- tism spectrum disorder such as the Department agency to coordinate the activities provided for cation in neurodevelopmental and related dis- of Education; and under paragraph (1) in the State at the State abilities programs (similar to the programs de- ‘‘(E) the additional members appointed under level; and veloped under section 501(a)(2) of the Social Se- paragraph (2). ‘‘(ii) acting through such lead agency, to curity Act) in States that do not have such a ‘‘(2) ADDITIONAL MEMBERS.—Not fewer than 6 make available to individuals and their family program; members of the Committee, or 1/3 of the total members, guardians, advocates, or authorized ‘‘(B) trainees under such training programs— membership of the Committee, whichever is representatives; providers; and other appro- ‘‘(i) receive an appropriate balance of aca- greater, shall be composed of non-Federal public priate individuals in the State, comprehensive demic, clinical, and community opportunities; members to be appointed by the Secretary, of culturally competent information about State ‘‘(ii) are culturally competent; which— and local resources regarding autism spectrum ‘‘(iii) are ethnically diverse; ‘‘(A) at least one such member shall be an in- disorder and other developmental disabilities, ‘‘(iv) demonstrate a capacity to evaluate, di- dividual with a diagnosis of autism spectrum risk factors, characteristics, identification, diag- agnose or rule out, develop, and provide evi- disorder; nosis or rule out, available services and sup- dence-based interventions to individuals with ‘‘(B) at least one such member shall be a par- ports, and evidence-based interventions. autism spectrum disorder and other develop- ent or legal guardian of an individual with an ‘‘(B) REQUIREMENTS OF AGENCY.—In desig- mental disabilities; and autism spectrum disorder; and nating the lead agency under subparagraph ‘‘(v) demonstrate an ability to use a family- ‘‘(C) at least one such member shall be a rep- (A)(i), the Governor shall— centered approach; and resentative of leading research, advocacy, and ‘‘(i) select an agency that has demonstrated ‘‘(C) program sites provide culturally com- service organizations for individuals with au- experience and expertise in— petent services. tism spectrum disorder. ‘‘(I) autism spectrum disorder and other devel- ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary ‘‘(d) ADMINISTRATIVE SUPPORT; TERMS OF opmental disability issues; and may award one or more grants under this sec- SERVICE; OTHER PROVISIONS.—The following ‘‘(II) developing, implementing, conducting, tion to provide technical assistance to the net- provisions shall apply with respect to the Com- and administering programs and delivering edu- work of interdisciplinary training programs. mittee: cation, information, and referral services (in- ‘‘(3) BEST PRACTICES.—The Secretary shall ‘‘(1) The Committee shall receive necessary cluding technology-based curriculum-develop- promote research into additional valid and reli- and appropriate administrative support from the ment services) to individuals with developmental able tools for shortening the time required to Secretary. disabilities and their family members, guard- confirm or rule out a diagnosis of autism spec- ‘‘(2) Members of the Committee appointed ians, advocates or authorized representatives, trum disorder or other developmental disabilities under subsection (c)(2) shall serve for a term of providers, and other appropriate individuals lo- and detecting individuals with autism spectrum 4 years, and may be reappointed for one or more cally and across the State; and disorder or other developmental disabilities at additional 4 year term. Any member appointed ‘‘(ii) consider input from individuals with dean earlier age. to fill a vacancy for an unexpired term shall be velopmental disabilities and their family mem- ‘‘(f) INTERVENTION.—The Secretary shall pro- appointed for the remainder of such term. A bers, guardians, advocates or authorized rep- mote research, through grants or contracts, to member may serve after the expiration of the resentatives, providers, and other appropriate determine the evidence-based practices for inter- member’s term until a successor has taken office. individuals. ventions for individuals with autism spectrum ‘‘(3) The Committee shall meet at the call of ‘‘(C) INFORMATION.—Information under sub- disorder or other developmental disabilities, de- the chairperson or upon the request of the Sec- paragraph (A)(ii) shall be provided through— velop guidelines for those interventions, and dis- retary. The Committee shall meet not fewer than ‘‘(i) toll-free telephone numbers; seminate information related to such research 2 times each year. ‘‘(ii) Internet websites; and guidelines. ‘‘(4) All meetings of the Committee shall be ‘‘(iii) mailings; or public and shall include appropriate time peri- ‘‘(iv) such other means as the Governor may ‘‘(g) SUNSET.—This section shall not apply ods for questions and presentations by the pub- require. after September 30, 2011. lic. ‘‘(d) TOOLS.— ‘‘SEC. 399CC. INTERAGENCY AUTISM COORDI- ‘‘(e) SUBCOMMITTEES; ESTABLISHMENT AND ‘‘(1) IN GENERAL.—To promote the use of valid NATING COMMITTEE. and reliable screening tools for autism spectrum ‘‘(a) ESTABLISHMENT.—The Secretary shall es- MEMBERSHIP.—In carrying out its functions, the disorder and other developmental disabilities, tablish a committee, to be known as the ‘Inter- Committee may establish subcommittees and the Secretary shall develop a curriculum for agency Autism Coordinating Committee’ (in this convene workshops and conferences. Such sub- continuing education to assist individuals in section referred to as the ‘Committee’), to coordi- committees shall be composed of Committee mem- recognizing the need for valid and reliable nate all efforts within the Department of Health bers and may hold such meetings as are nec- screening tools and the use of such tools. and Human Services concerning autism spec- essary to enable the subcommittees to carry out ‘‘(2) COLLECTION, STORAGE, COORDINATION, trum disorder. their duties. UNSET AND AVAILABILITY.—The Secretary, in collabora- ‘‘(b) RESPONSIBILITIES.—In carrying out its ‘‘(f) S .—This section shall not apply tion with the Secretary of Education, shall pro- duties under this section, the Committee shall— after September 30, 2011, and the Committee vide for the collection, storage, coordination, ‘‘(1) develop and annually update a summary shall be terminated on such date. and public availability of tools described in of advances in autism spectrum disorder re- ‘‘SEC. 399DD. REPORT TO CONGRESS. paragraph (1), educational materials and other search related to causes, prevention, treatment, ‘‘(a) IN GENERAL.—Not later than 4 years products that are used by the Federal programs early screening, diagnosis or rule out, interven- after the date of enactment of the Combating referred to in subsection (c)(1)(A), as well as— tion, and access to services and supports for in- Autism Act of 2006, the Secretary, in coordina- ‘‘(A) programs authorized under the Develop- dividuals with autism spectrum disorder; tion with the Secretary of Education, shall pre- mental Disabilities Assistance and Bill of Rights ‘‘(2) monitor Federal activities with respect to pare and submit to the Health, Education, Act of 2000; autism spectrum disorder; Labor, and Pensions Committee of the Senate ‘‘(B) early intervention programs or inter- ‘‘(3) make recommendations to the Secretary and the Energy and Commerce Committee of the agency coordinating councils authorized under regarding any appropriate changes to such ac- House of Representatives a progress report on part C of the Individuals with Disabilities Edu- tivities, including recommendations to the Direc- activities related to autism spectrum disorder cation Act; and tor of NIH with respect to the strategic plan de- and other developmental disabilities. ‘‘(C) children with special health care needs veloped under paragraph (5); ‘‘(b) CONTENTS.—The report submitted under programs authorized under title V of the Social ‘‘(4) make recommendations to the Secretary subsection (a) shall contain— Security Act. regarding public participation in decisions relat- ‘‘(1) a description of the progress made in im- ‘‘(3) REQUIRED SHARING.—In establishing ing to autism spectrum disorder; plementing the provisions of the Combating Au- mechanisms and entities under this subsection, ‘‘(5) develop and annually update a strategic tism Act of 2006; the Secretary, and the Secretary of Education, plan for the conduct of, and support for, autism ‘‘(2) a description of the amounts expended on shall ensure the sharing of tools, materials, and spectrum disorder research, including proposed the implementation of the particular provisions products developed under this subsection among budgetary requirements; and of Combating Autism Act of 2006; entities receiving funding under this section. ‘‘(6) submit to the Congress such strategic ‘‘(3) information on the incidence of autism ‘‘(e) DIAGNOSIS.— plan and any updates to such plan. spectrum disorder and trend data of such inci- ‘‘(1) TRAINING.—The Secretary, in coordina- ‘‘(c) MEMBERSHIP.— dence since the date of enactment of the Com- tion with activities conducted under title V of ‘‘(1) IN GENERAL.—The Committee shall be bating Autism Act of 2006; the Social Security Act, shall, subject to the composed of— ‘‘(4) information on the average age of diag- availability of appropriations, expand existing ‘‘(A) the Director of the Centers for Disease nosis for children with autism spectrum disorder interdisciplinary training opportunities or op- Control and Prevention; and other disabilities, including how that age portunities to increase the number of sites able ‘‘(B) the Director of the National Institutes of may have changed over the 4-year period begin- to diagnose or rule out individuals with autism Health, and the Directors of such national re- ning on the date of enactment of this Act; spectrum disorder or other developmental dis- search institutes of the National Institutes of ‘‘(5) information on the average age for inter- abilities and ensure that— Health as the Secretary determines appropriate; vention for individuals diagnosed with autism ‘‘(A) competitive grants or cooperative agree- ‘‘(C) the heads of such other agencies as the spectrum disorder and other developmental dis- ments are awarded to public or nonprofit agen- Secretary determines appropriate; abilities, including how that age may have

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.022 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11445 changed over the 4-year period beginning on the Mr. SANTORUM. Mr. President, we party. We have a lot of diversity within date of enactment of this Act; just passed the combating autism bill our party. ‘‘(6) information on the average time between that we have been working on for 16 We have some very talented people initial screening and then diagnosis or rule out months. I thank Senator DODD for his who work very hard, not just a dry for individuals with autism spectrum disorder or message to spin, but to try to move the other developmental disabilities, as well as in- tremendous work on that. I thank all formation on the average time between diagnosis of the autism groups. I thank Jennifer debate, try to get our causes articu- and evidence-based intervention for individuals Vesey for the tremendous work she did lated in a way that is communicated with autism spectrum disorder or other develop- and the hours and hours and patience it effectively to people across America. mental disabilities; takes to put together complex and im- They worked hard. They built coali- ‘‘(7) information on the effectiveness and out- portant pieces of legislation. tions. They did their best, and I thank comes of interventions for individuals diagnosed Later today, or tomorrow, we are them for their effort and the tremen- with autism spectrum disorder, including by going to pass the abandoned mine lands dous service they have given our con- various subtypes, and other developmental dis- bill. I would love to say that was RICK ference. abilities and how the age of the child may affect I thank the folks in my district of- such effectiveness; SANTORUM, but it was Ashley Horning; ‘‘(8) information on the effectiveness and out- it wasn’t RICK SANTORUM. She did all fices. Most of those folks have been comes of innovative and newly developed inter- the work. I pretty much knew what with me 16 years. We don’t have a lot vention strategies for individuals with autism was in there, and I would negotiate the of turnover in our office. A lot of folks spectrum disorder or other developmental dis- parts in disagreement. That is what we in Pittsburgh have been with me 16 and abilities; and all do. But on 90 percent of the bills others around the State have been with ‘‘(9) information on services and supports pro- that most of us know about, we didn’t me 12 years. They are dedicated people vided to individuals with autism spectrum dis- hammer out the details; it was done by who go out and do those security order and other developmental disabilities who checks and veterans benefits and med- have reached the age of majority (as defined for folks who have the commitment and purposes of section 615(m) of the Individuals vision and effort and work the long als. with Disabilities Education Act (20 U.S.C. hours to make the legislation possible. I will always remember one story 1415(m)).’’. It is important that in Pennsylvania that happened this last year. There was (b) REPEALS.—The following sections of the now we will get a billion dollars to a man, a World War II vet named Pat- Children’s Health Act of 2000 (Public Law 106– clean up abandoned mines—it is a tre- rick. I was at a ribbon-cutting for a VA 310) are repealed: mendous contribution to the environ- facility in Oakland in Pittsburgh. (1) Section 102 (42 U.S.C. 247b–4b), relating to ment—or miners will have health care While I was there, we arranged a little the Developmental Disabilities Surveillance and medal presentation to a veteran who Research Program. coverage paid because, in part, I had a (2) Section 103 (42 U.S.C. 247b–4c), relating to terrific staff person. I can go down had sought a medal and was never information and education. through issue after issue and look at given that medal. That is all I knew (3) Section 104 (42 U.S.C. 247b–4d), relating to these accomplishments that would be about it. I showed up. There was this the Inter-Agency Autism Coordinating Com- great to stand up and say that I did, older gentleman sitting in the front mittee. but I had a tremendous amount of help. row. His name was Patrick. (4) Section 105 (42 U.S.C. 247b–4e), relating to I had incredibly talented, gifted people Patrick was a World War II veteran reports. who served in Patton’s army and was who worked incredible hours. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. sent on a secret mission to try to lib- (a) IN GENERAL.—Part R of title III of the What most people across America don’t realize is how hard our people erate a POW camp. In that mission, he Public Health Service Act, as added by section 3, was captured. He was imprisoned for is amended by adding at the end the following: around here work. They don’t do it for several months, I believe, in a German ‘‘SEC. 399EE. AUTHORIZATION OF APPROPRIA- the money. They don’t do it because TIONS. they have some agenda to accomplish. POW camp. When he got out of the ‘‘(a) DEVELOPMENTAL DISABILITIES SURVEIL- They do it because they want to im- Army, he requested a POW medal, but LANCE AND RESEARCH PROGRAM.—To carry out prove America, make America a better the paperwork didn’t show he had been captured. It was a secret mission, and section 399AA, there are authorized to be appro- place. They want to leave this place priated the following: it never appeared on his military better than how they found it. They ‘‘(1) For fiscal year 2007, $15,000,000. record. ‘‘(2) For fiscal year 2008, $16,500,000. want to serve because they love this For 60 years, Patrick fought to get ‘‘(3) For fiscal year 2009, $18,000,000. country and they believe in what will his designation as a POW. He never ‘‘(4) or fiscal year 2010, $19,500,000. make this country better. They work ‘‘(5) For fiscal year 2011, $21,000,000. married. In fact, later in his life after long hours. They don’t get paid as he retired from work, he became some- ‘‘(b) AUTISM EDUCATION, EARLY DETECTION, much as they could make if they wan- AND INTERVENTION.—To carry out section what of a recluse because he was 399BB, there are authorized to be appropriated dered off the Hill. I will put my folks, kidded by some of his buddies about the following: both in Washington and across the being a POW. It affected him dramati- ‘‘(1) For fiscal year 2007, $32,000,000. State, up against anybody. They are cally, so much so that one of his ‘‘(2) For fiscal year 2008, $37,000,000. sitting in the gallery and here along friends and relatives contacted us to ‘‘(3) For fiscal year 2009, $42,000,000. the railing. They have given their all ‘‘(4) For fiscal year 2010, $47,000,000. say: Is there anything you can do? and I thank them. They served the peo- Could it possibly be true? ‘‘(5) For fiscal year 2011, $52,000,000. ple of Pennsylvania. Looking at Kevin ‘‘(c) INTERAGENCY AUTISM COORDINATING Ann Blocksidge in my office in Pitts- COMMITTEE; CERTAIN OTHER PROGRAMS.—To Roy over there, I think of all of the burgh, wizard that she is with these carry out section 399CC, 409C, and section 404H, earmarks—that is a dirty word—that issues that she has been working on there are authorized to be appropriated the fol- we were able to get to help the people now for 16 years, knew the places to lowing: in Pennsylvania in so many ways. I call and put the records together. We ‘‘(1) For fiscal year 2007, $100,000,000. look at work we did for the nonprofit found out, yes, he was, and that was in ‘‘(2) For fiscal year 2008, $114,500,000. community and welfare and families, ‘‘(3) For fiscal year 2009, $129,000,000. one place in one record and not in the ‘‘(4) For fiscal year 2010, $143,500,000. and Melanie Looney and her team same place as the other record, and A ‘‘(5) For fiscal year 2011, $158,000,000.’’. worked on that. didn’t talk to B. So we were able to get (b) CONFORMING AMENDMENT.—Section 409C It has been an incredible group. Our him his POW medal. of the Public Health Service Act (42 U.S.C. 284g) Senate conference, the message folks— I remember pinning it on him. This is amended by striking subsection (e) (relating to it was awfully hard. Republicans are older man walked to the microphone. funding). not good on the old message issue. We He said: There is one thing I want to Mr. SANTORUM. Mr. President, I don’t follow our talking points very say. He said: I finally feel welcomed ask unanimous consent that the Sen- well. We try. We try. We have a lot of home. ate concur in the House amendment, independent thinkers on our side. God It is a great story, but the folks in the motion to reconsider be laid upon bless them. They always have a better my office and offices all over this Cap- the table, and any statements relating way of saying things than what we sug- itol do this every day because they to the bill be printed in the RECORD. gest or actually not even saying care, because the people call with im- The PRESIDING OFFICER. Without things, thinking things than what we possible things, and our folks do impos- objection, it is so ordered. suggest. That is the beauty of our sible things to help them.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.022 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11446 CONGRESSIONAL RECORD — SENATE December 7, 2006 I thank all of them for all the service business without prayer, without an Jim is the former director of the faith- they have done, for doing what I ask understanding that there is something based office for the President. I called them to do when they come into the of- bigger than us here, something that him the other day. He said: You know, fice: Treat every caller as if it is your will help us, guide us, lift us up at Rick, I have been here—I think he said grandmother calling. If you treat every times when there seems to be no other 6 months. He said: I really like the caller as if it is your grandmother— reason to be lifted up. State, like the area, good people. But hopefully they get along with their I thank all of those who prayed with the more I study the State and the grandmother—then things will be fine. me and prayed for me. Lloyd Ogilvie, a more I get the feel of Pennsylvania, I I thank my colleagues. This place chaplain here for many years, and have one question: It is not how did gets a lot of ridicule. It is very easy to Barry Black, our Chaplain now—they you lose the election, but how did you criticize people in the fishbowl. It is are prayer warriors for all of us. I know get elected here twice? very easy to take shots at people for they pray for us every day. I know I got elected twice because I had a lot not living up to expectations, and cer- Lloyd still prays for us every day, and of wonderful people who campaigned tainly we all do not live up to expecta- I know millions of Americans pray for hard, worked hard, and believed in me tions. But I think I can say without us every day. I thank all of them for and were able to maybe see past some any reservation that the men and helping me through and helping us and of the differences with me to give me women in this body are good and de- helping our country through these dif- an opportunity to serve here, and I am cent people who are doing what they ficult times. eternally grateful. believe is best for this country. I thank our leader, BILL FRIST, my It is an incredible State. It is one I I know many people find that hard to first leader I served under as a member got to know very well and, obviously, believe because they look at people and of the leadership, TRENT LOTT, and the got to know thousands of people. I had they have beliefs so diametrically op- leader I served under when I came to the opportunity to serve them. I had posed to people in this Chamber. I cer- the Senate, BOB DOLE. Each and every the opportunity to be scolded by them, tainly have views—and have dem- one of them in their own way led dif- reprimanded by them. But I always un- onstrated that on many occasions on ferently. But in the case of Senator derstood they were my employers. I the floor of the Senate—that are dia- DOLE, he was a larger-than-life figure work for them. And when you work for metrically opposed to many people in to me, coming over to the Senate as a somebody, sometimes they are going to this Chamber. But in my heart, I never 36-year-old Senator. He was on his way tell you they don’t like the job you are questioned the integrity and the sin- to run for the Presidency. He took the doing. And you better act like someone cerity of the people who articulated time to be concerned about the issues who is an employee instead of an em- their opinions, that they were not sin- that were important to me. He put me ployer or you are not going to find cere. I believed them to be sincere and on the committees I needed to be on yourself as an employee very much I believed them to believe that it was and gave me the opportunity that I longer. Well, I tried to act like an em- in the best interest of the country. will never forget and certainly will al- ployee. But that doesn’t mean I always That is what is supposed to happen ways be thankful for—to manage and had to agree with my employer, and a here. Ideas are to be debated, points of work on the welfare reform bill back in lot of times I didn’t. And maybe I view are to be discussed, and the pre- 1996. spoke up too often too loudly and too vailing thought of the day will move Of all the things I accomplished in boldly on some of the things that my the country in that direction. the Senate, there is nothing I am more employer didn’t agree with. I hope they There are very good people here. I proud of than what we did in 1996 to re- respect the fact that it was a heartfelt tell the people of America: There are form the welfare system and transition disagreement and that I did what I did very good people here. There are people it so millions and millions would fall and I said what I said because I be- here on both sides of the aisle who pray off the rolls, find gainful employment, lieved it was in their best interests, every single day for God’s guidance. and change their lives and the lives of even though they may not have There are people here today who, while their families. I owe that to BOB DOLE. thought so. we fight and argue, do so out of a pas- He gave me the opportunity to stand at I respect the fact that I didn’t win sion for doing what is right. that manager’s chair for months in my this election and that the people of I thank my colleagues for the cour- second year in the Senate and taking Pennsylvania made a different deci- tesies they have shown me, and par- on what I would argue was the most sion. I had an opportunity to meet with ticularly my Republican colleagues for important piece of legislation in that my successor today in my office and the honor they have given me to serve session of the Congress, the Republican get a chance to talk with him about in the leadership for 6 years. I know revolution. some of the ins and outs of the Senate. that was not an easy decision back in I thank TRENT LOTT not only for his He is a good man, and he will do a good 2001 to elect someone who had a rep- tutelage and mentoring me in the time job. I hope the people of Pennsylvania utation of being somewhat of a bomb I have been here as a leader, but for will give him and extend to him the thrower in the House and in my early helping me in gaining leadership and same courtesies and trust and coopera- Senate days to a position of leadership being involved in the leadership in the tion that so many Pennsylvanians who in the Senate. They took a risk. I hope Senate. didn’t agree with me on a lot of things they feel it has paid off. I thank BILL FRIST for his friendship. but knew that it was important to It has certainly been a great blessing His coming in as a leader when I was work together—such as our Governor, to me to have been able to serve my already in the leadership was a little Ed Rendell, whom I worked with as colleagues in the capacity of con- different. He didn’t come in and point mayor and as Governor, as well as I did ference chairman. the finger and boss around, but he with any Republican that I know—I It is an incredible group of people. I came in to learn. He came in to engage, hope that Republican officeholders in think of John, who is my tennis part- to try to take the knowledge that was Pennsylvania treat my opponent with ner. We played our first match after I in the leadership group and use it to the same kind of respect and the same was defeated, and he beat me 6-love, 6– build a stronger group. I appreciate kind of cooperation that Governor 1. He thinks it is because he played bet- that. Rendell and I have had over the years. ter, but I am just preparing for other There is a humility in BILL FRIST. It That brings me to my colleague, Sen- employment. is a very attractive quality and, I ator SPECTER. It was very kind of We have prayer groups here. One of might also add, a rather rare quality if ARLEN to come and say a few words. He the most important things in my life one is in the Senate, but a very attrac- said that we are not only colleagues in over the past 12 years has been the tive one and a very important one in the Senate and, obviously, colleagues Senate prayer group, the Senate Bible Senators and leaders. from Pennsylvania, but we are friends. study, and the prayer breakfasts, the I thank, I guess finally, the people of I have to tell my colleagues, when I small prayer group with which I have Pennsylvania. I was talking to Jim first came to the Senate, I thought it been involved. I don’t know how people Towey. Jim is the new president of was a very long shot that I would be do it. I don’t know how people do this Saint Vincent College in Latrobe, PA. friends with ARLEN SPECTER. All I had

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.094 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11447 heard about ARLEN SPECTER was how very happy and contented former Sen- Alexandra V; Pugh, Jennifer S; Quinn, Chris- prickly a character he is, how difficult ator from Pennsylvania who feels very tine Marie; Rajsic, Michelle; Ramos, he is, sort of cold and tough. But he is blessed. Josephina; Reilly, Sean M; Reyes, Jeremy; Rhodes, Allison L; Riegel, Ellen J; Rockwell, a pretty soft guy. He really is. He gets EXHIBIT 1 Russel A; Rode, Katherine R. those granddaughters around him and SENATE PERSONAL OFFICE EMPLOYEES Rodgers, Lincoln R C; Roman, Lisa M; he just melts. No, he is a good man. I Aho, Robert W; Anderson, Thomas S; Romaniello, Catherine M; Roscoe, Abigail; don’t agree with ARLEN a lot, and of Armata, Andrew M T; Baldwin, Todd A; Rossi, Connie J; Rossman, Eleanor T; Roy, course everybody knows that, but Barbera, Vincent M; Barron, Bruce A; Kevin F; Ryan, Maureen; Sailhamer, Brent ARLEN has been a good partner. We Bashore, Keith E; Beresnyak, Allison M; A; Salvesen, Erling R III; Sanborn, Alden R; have worked on a lot of things to- Beresnyak, Thomas E Jr.; Bernier, George M Sanders, Joseph E Jr.; Sarmir, Danielle; III; Bernstein, Luke M; Berry, Donna A; Scanlan, Tricia L; Scaringi, M Anthony; gether. And even when we disagreed, Schmidt, Keith A; Schmidt, Michele E; we understood and respected the dis- Bertuola, Lawrence J; Beynon, Matthew E; Bickhart, Robert G; Blocksidge, Anne M; Sears, William P; Sechler, Michael W; agreement and didn’t let it affect us, or Bonesso, Rozzanna J; Bowman, Patricia Shaner, Mathias R. certainly our relationship, or if it was Dianne; Bowser, Julia E; Boyd, Allison J. Sharp, Crystal N; Sharp, Trudy R; Shelby, important enough to us and important Bozzuto, Robert F; Bragg, Heather N; Melissa B; Sheriff, Marie A; Shirk, Jamie E; enough to the State and important Broughton, Aaron Michael; Brown, Brian T; Shott, Christine M; Simodejka, Jill L; Sinha, enough to the country, we worked hard Burkhalter, Colin J; Butler, Timothy R; Sushant K; Smith, Brian A; Smith, Jacob W; Caldwell, Stanley D; Calka, Courtney JO; Solfanelli, Matthew; Soroka, Suzanne M; to try to bridge those differences. I Sosar, Edward D; Spangler, Courtney Leigh; think that is a good model. I rec- Carlson, Michael R; Carter, Andrew C; Castillo, Michael J; Chapman, Elizabeth R; Sparvero, Emily S; Stawasz, Karen L; Stein, ommend it to my successor. I rec- Christman, David R; Clater, Michael D; Peter J; Stephans, Elizabeth L; Stolnacher, ommend it to all my colleagues. Cognato, Christopher; Cognato, Michael H; Patricia L; Stoltzfoos, Gerald D. Stoltzfoos, Jeffery L; Strickland, Carolyn; This place doesn’t have to be as per- Coleman, Samuel E; Collins, Leah R; Strothman, Alexis A; Stuart, Robert R; sonally confrontational as it is. I say Conklin, Jennifer M; Coppolo, Stephen D. Swain, Tooshar K; Swartz, Barbara K; Corman, Jacob D III; Coulter, Kathryn A; that as someone who was pretty per- Sweeny, Jennifer Mahurin; Sybyl, Julie M; Covel, Michelle F; Crane, Rebecca H; Curry, sonally combative when I first came Szy, Daniel J; Taylor, David N; Tekel, Adam Margaret K; Daniel, Kelly L; Davidek, Jason here. I know that I have had some pret- R; Thompson, Holly; Titus-Young, Joy J; E; Davis, Mary Elizabeth A; Davis, Virginia ty strident debates on the floor of the Traynham, Robert L; Trego, Joshua S; L; Dermody, Brandon D; Devito, William J; Tulyasathein, Charnsin; Turner, Michelle D; Senate, but I will tell my colleagues Dick, John T; Diehl, Samuel W; Dougherty, that in my heart, it was never per- Urguhart, E Randy; Valdes, Stephen G; Kara A; Doyle, Lyda A; Dutkowski, Margaret Vanderpool, Kristen R. sonal, it was always about what the C; Ely, Ramona J; Ensslin, Mary T; Evans, Vesey, Jennifer L; Voinski, John A; issue was about. And it is hard for a lot Andrea L; Faulk, Page C. Vulakovich, Randolph P; Walker, Patricia B; of people in America who look at it in Faustino, Mary A; Feenstra, Paul A; Wall, Toni B; Walters, Christopher F; Wat- a culture that takes everything person- Feller, Meredith L; Fergusen, Sarah E; Fer- son, D Dexter; Weaver, Chad A; Weber, ally—people have asked me why I have rara, Lorenzo L; Finney, Thomas S; Fischer, David; Weiss, Todd M; White, Jennifer S; Karen E; Fratto, Salvatore A; French, David Wiesenfeld, Michael A; Williamson, N Kathy; been so comfortable and at ease with G; French, John M III; Galko, Vincent A; what has happened, and it is because I Willis, Jessica R; Wittman, Anne E; Wright, Garver, Nancy L; Gaston, Shivellia T; Erica Clayton; Wusinich, Maria T; don’t take it personally. People dis- Gemma, Peter B Jr.; Genesio, Christine J; Yanoshak, Erica M; Younger, Anita. agree with where I wanted to take this Gerry, Keith M; Gorman, Victoria Lynn; SENATE REPUBLICAN CONFERENCE EMPLOYEES Greco, Michael P; Greene, Charles M; Gresov, country, and that is fine. They will Amy Marie Adams; Jeff Hunt; Garrett have an opportunity to take it some- Winston G. Fahy; Joel Digrado; Kate Harris; Shonda Gutierrez, Jennifer C; Haberkern, Jeffery place else, for now. Werry; Cris Clapp; Melissa Seckora Ander- J; Hall, David M; Harbula, David Scott; Har- But I don’t take it personally. I look son; Elizabeth Keys; Barbara Ledeen; Chrissy at the empty desks of my colleagues on vey, Marcus W; Hershey, Jill E; Hershey, Mi- Shott; Sarah Berk; Mark Rodgers; Randy chael S; Hoadley, Cassandra; Holcombe, Sara Brandt; Katherine Gonzalez; Carlos Gon- the other side of the aisle, and I look at K; Hornbake, Lawrence E; Horne, Wesley O; each and every one and I can see them zalez; Lane Marshall; Cyrus Pearson; Robert Horning, Ashley E; Howard, Jaime L; Hybels, Traynham; Henry Peterson; Chris Angrisani; all sitting there, and I can’t think of Amy R; Irvine, Walter G Jr.; Irwin, Christine Laura Gill. one that I would take a disagreement E; Ivanov, Florina D; Johnson, Thomas O II; Nick Schweich; Aaron Broughton; Tim with personally—and I have had dis- Kauffman, Alexander J; Kelly, Caitlin B. Petty; Curtis Swager; Nate Green; David agreements with virtually every one Kennedy, Brian D; Kinsman, Chelsea M; Song; Michael Bleicher; Jen Sweeney; Joy but all of them have disagreed, hope- Kitchen, Michelle L; Kocan, Sheila T; Schmidt; Eden Gordon; Susana Levenson; Koutsiouroumbas, Athan; Kuklis, Joseph V; fully without being personally dis- Eric Miller; Chris Myers; Rebecca Cotton; Laager, Maryanne R; Ladd, Abigail A; Drew Cantor; Alex Kaufman; John Rankin; agreeable. That is how this place Larcinese, Mary E; Laurenson, Craig A; Dan Ronayne; Eric Ruiz; Loredana Vouto; works. It is the only way it can work Lebaudy, Laura A; Leidner, Kristina S; Deidre Woodbyrne. and be successful for America. Leinbach, Christian Y; Lewandowski, Leslie The PRESIDING OFFICER. The Sen- In closing, I want to say that I al- L; Lindenberer, Stephanie Ann; Lofton, Mar- ator from Kentucky is recognized. ways come back to the word ‘‘grati- ian Victoria; Looney, Melanie L; Lyle, Ste- phen T; Lynch, Stephanie F; Maclean, Mr. MCCONNELL. Mr. President, I tude.’’ To God, to my family, to my wish to say to my good friend from colleagues, to the wonderful people Heather Marie. Maddox, Audrey C; Maguire, Erin K; Pennsylvania, before he leaves the who have worked for me and with me Mahon, Emmet M; Maines, Laura A; Martin, floor, what an extraordinary 16 years over the years, to the people of the 18th David; Martin, John E Jr.; Mattei, Thomas J he has had representing the people of Congressional District, to the people of Jr.; Matthews, Shawnna Lee; Mcclard, Me- his State and what a truly outstanding Pennsylvania: Thank you. Thank you. lissa J; Mccoy, Ida M; Mccracken, David E; Member of the Senate he has been and I don’t know what I will be doing next, Mccree, Michael R; Mcdonald, Robin V; what a moving farewell address I had but I cannot imagine that anything I Mcelwee, George S; Mcginley, Christopher P; an opportunity to witness. Good luck, Mckeon, Meredith; Mcnamara, Kevin M; Me- do in the future will rival the kind of good friend, and Godspeed. blessings I have felt from all of the dina, Wanda I; Meyer, Christine M; Mihalke, Michael H. Mr. President, I ask unanimous con- folks whom I have mentioned. The re- Miller, Eric R; Miller, Jennifer L; Miller, sent that the vote on the pending nom- lationships and the wonderful accom- Manda B; Miller, Nicole M; Miller, William ination occur at 5:45 today and that plishments and the great spirit I have A; Mitchell, Anna K; Mitchell, Marcus P; prior to the vote, Senator GRASSLEY be experienced over these last 16 years is Mizer, Erica L; Molineaux, Peter J; Moore, recognized to speak for up to 10 min- something that I am eternally grateful Thomas; Moore, Zachery P; Morinigo, Nich- utes, Senator ENZI for up to 5 minutes, olas; Morton, Bylly Jo; Mullen, James G; for to all of those involved. It has been and Senator KENNEDY for up to 5 min- a great blessing. Narcavage, Michael III; Navin, Lawrence M; utes. I thank my colleagues, I thank those Ohara, Gerald J; Oshea, Joseph J; Pallotto, Adam R; Palmer, Wayne D. The PRESIDING OFFICER. Without who came and listened, those who Park, Victoria P; Parrick-Cox, Susan; objection, it is so ordered. might be listening in other ways, but I Patel, Kajal A; Pavlik, Bonnie M; Peacock, Mr. FEINGOLD. Mr. President, I am thank them, personally, for the great Deborah A; Pearson, Tim; Perez, Janet M; pleased that the Food and Drug Admin- kindness they have shown me. I leave a Petraglia, Amy W; Poteet, Paul W; Preate, istration will finally have a confirmed

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.096 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11448 CONGRESSIONAL RECORD — SENATE December 7, 2006 Commissioner. And I am glad that the for Dr. von Eschenbach to work to fi- I first want to say that I love the President’s nominee, Dr. Andrew von nalize and implement good manufac- FDA. FDA is in my home state of Eschenbach, has acted to address con- turing practices—GMPs—for supple- Maryland. It employs over 10,000 of my cerns that have been raised about his ments as authorized by DSHEA. It is 12 constituents. It is right down the road nomination. He addressed conflict-of- years since they were authorized. And, from the NIH. I am proud to have all interest concerns by resigning his posi- despite the repeated contacts Senator that research at NIH and then have tion as head of the National Cancer In- HARKIN and I have made, the report- FDA in Maryland standing up for the stitute. The FDA also approved access edly drafted regulations have still not food safety of the American people, to emergency contraception without a been issued. I want to encourage looking out to make sure that the prescription. This decision should have strongly Dr. von Eschenbach to address drugs and the technologies that we use been made when the FDA’s expert this matter once and for all. are safe. panel recommended it, and I was dis- We will also be counting on the good Over the years, I have fought for the appointed at the shameless politicizing doctor to implement the new system of right facilities, the right resources, and of science over emergency contracep- mandatory reporting of serious adverse now the right leadership at the FDA. tion. With those issues now resolved, I events—AERs—for nonprescription Dr. Von Eschenbach is an experienced will vote for his nomination. drugs and dietary supplements that is clinician and researcher and as the Mr. HATCH. Mr. President, I rise in contained in S. 3546, the Hatch-Durbin former Director of National Cancer In- strong support of the nomination of Dr. bill we passed last night. It is my hope stitute, NCI, I presume he is com- Andrew von Eschenbach to be Commis- the House will pass the bill today—and mitted to the mission of FDA. How- sioner Food and Drugs. it can be sent to the President for sig- ever, I have concerns. I have yellow I am pleased that the Senate is con- nature. When enacted, the Hatch-Dur- flashing light about his commitment to sidering Dr. von Eschenbach’s nomina- bin-Harkin-Enzi-Kennedy bill will re- reform over drug safety, to not politi- tion and I strongly urge my colleagues quire manufacturers of supplements cize science, and to establish a channel to support him because the FDA needs and over-the-counter drugs to report to where employees can speak truth to a permanent Commissioner to lead the FDA any reports of serious problems power. agency. The FDA has been criticized associated with the use of the products. This is important. As we consider the time and time again over this. To me, This is an important consumer protec- nomination of Dr. Von Eschenbach, we the first step toward promoting station bill, and it is important that FDA must address one of the most impor- bility in the agency is for the Senate to seek the funding to implement the pro- tant issues facing our Nation: the loss confirm an FDA Commissioner. Dr. von gram as Congress intends. I stand of confidence in our Government’s abil- Eschenbach is a capable administrator, ready to work with the agency on this. ity to ensure the safety of our food, our extremely knowledgeable about health Another concern I have expressed to drugs, and our medical devices. The care and food and drug policy, and we Dr. von Eschenbach and his agency is FDA has always been the gold standard can count on him to do the right thing. the need to look out for the ‘‘little in maintaining the safety and efficacy It is past the time that he be con- guy’’ once he becomes Commissioner. of our drugs and medical devices. firmed. Utah is the home to more than 100 Yet today the Agency is being politi- I had the opportunity to work with medical device companies, many of cized and degraded. The current admin- Dr. von Eschenbach when he was the them small, and I want Dr. von istration has shown a persistent pat- Director of the National Cancer Insti- Eschenbach and his staff to treat these tern of placing politics before science; tute and found him to be personable companies fairly, especially when the making appointments based on ide- and engaging. I also had a long meeting FDA officials conduct inspections. ology instead of competency; stifling with Dr. von Eschenbach before his There have been several complaints scientists whose findings do not meet Senate confirmation hearing and was from manufacturers about the tactics political objectives; making decisions very impressed with his in depth that the FDA inspectors have taken. I based on politics, rather than sound knowledge on matters before the Food think these complaints have merit. All science. and Drug Administration. But even I ask of Dr. von Eschenbach is that Nowhere is this more evident than at more impressive, Dr. von Eschenbach Utah companies be treated fairly by the FDA. Today, FDA is facing a crisis: truly listened to my ideas regarding the FDA. There is a crisis of morale. There is a the FDA, and I greatly appreciated it. I also am deeply concerned about the crisis of confidence in the reliability of It is clear that he intends to work agency’s lack of funding. This has been FDA decisions. There is a crisis about closely with the Congress. a growing concern, especially as it af- whether there are scientists operating The bottom line is that I am con- fects implementation of DSHEA, the under a gag rule, putting politics above vinced Dr. von Eschenbach is the best new AEER system, and also the review science. There is a crisis ensuring the person for the job, and the sooner we of generic drug applications. While I reliability and safety of our drugs. get him confirmed, the better. realize that FDA has a lot of respon- This summer, Union of Concerned I would like to take a moment to sibilities, ranging from ensuring the Scientists released its survey of the talk about FDA-related issues facing safety of drugs and medical devices to scientists at the FDA. These scientists my home State of Utah and where Dr. protecting our country’s food supply, it are my constituents. They found the von Eschenbach’s strong involvement simply isn’t fair to continue to pile on morale of trusted and respected em- will be crucial. these responsibilities without pro- ployees has been battered by years of As my colleagues are aware, Utah is viding the FDA with adequate funding. weak leadership. This survey is impor- home to the largest concentration of I assure Dr. von Eschenbach that I will tant because it gives a public voice to dietary supplement companies in our work with him and my colleagues on scientists who aren’t in a position to Nation, so ensuring that the Dietary the Senate Appropriations Committee place their jobs on the line to suffer re- Supplement Health and Education Act, and the Senate HELP Committee to taliation for speaking the truth and to DSHEA, law is strongly and appro- ensure that the agency is provided with potentially jeopardize their families. priately enforced is a high priority of sufficient funding. The FDA needs a major overhaul and mine. I urge my colleagues to vote in favor a culture change at the highest levels I have been told by every FDA Com- of Dr. von Eschenbach today so that in order to continue to meet its mis- missioner since Dr. Kessler that the the agency will finally have a perma- sion. The FDA needs to reestablish its FDA has adequate authority under nent leader who will look out for the relationship with its own scientists. DSHEA to make certain the supple- best interests of both the American The FDA’s focus should be only on ment marketplace is safe, so it is my people and an important Federal agen- science and the public good. And I am hope that Dr. von Eschenbach will cy—the FDA. hoping that Dr. Von Eschenbach will make this a priority during his tenure Ms. MIKULSKI. Mr. President, I rise be the strong leader the FDA needs to as FDA Commissioner. before you today to discuss the nomi- accomplish this overhaul. In addition, as I have told him on nation of Andrew Von Eschenbach as My criterion for looking at every more than one occasion, it is essential Commissioner of the FDA. nomination are competence, integrity,

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.031 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11449 commitment to the mission of the in giving the assurance to the agency, of Vioxx, about the sale of Plan B over Agency. and much more importantly to the the counter, about adequate review of Competence: Management expertise American people, that we are going to drugs on the market. The agency has is essential to effectively run FDA have someone in charge of this agency had to struggle unfairly with difficult without redtape and bureaucracy. The able to exercise executive decisions, to scientific questions, inadequate re- FDA has over 10,000 dedicated employ- make sure the agency itself is going to sources and authority, and political ees and has a budget of nearly $2 bil- fulfill its role in protecting the health pressures to ignore the science that lion. Strong management skills and of the American people. So first of all, must be—good science has to be at the leadership are essential to ensure that I thank my colleague and friend, Sen- heart of its mission. FDA can efficiently and effectively ator ENZI, for making sure we are Finally, the day is here when the carry out its many responsibilities. going to get an opportunity to vote. Senate can act to confirm a commis- Integrity: The individual must be I thank the majority leader, Senator sioner whose job No. 1 will be to re- well-respected by patient/consumer FRIST, for making sure that we were store the leadership to this essential groups and the industry so that FDA not going to leave this session without agency and begin the process of ad- commands the respect of the public and having a final vote on the nominee. dressing the many major concerns that In the last 5 years, only in one of the industry it regulates. The FDA have gone unmet for so long. those years did we have a head of the Commissioner must also be an honest Dr. von Eschenbach is a good choice broker and listener who can make FDA. The rest of the time, they were ‘‘acting.’’ A good deal of the time, to lead the FDA. At the National Can- tough calls on contentious issues. cer Institute, he led bold initiatives on Commitment to the mission of the there was virtually no presence. This is the most important health agency that the human genome and nanotechnol- Agency: Decisions must be made based ogy. As a physician for patients with on sound science and public health, not guides and guards American’s health, the health of our children, the health cancer and a survivor of cancer him- ideology. The nominee must maintain self, he brought an indispensable pa- the FDA gold standard of safety and ef- of the elderly, and the health of families in our Nation. So this is a very im- tient-centered perspective to the Can- ficacy, ensuring timely approval of new cer Institute, and he will bring that to therapies to save lives, help patients portant point, and I welcome the opportunity to urge the Senate to ap- the Food and Drug Administration as live longer and improve their quality well. of life and ensuring safety of our food prove Andrew von Eschenbach for this position. Dr. von Eschenbach was able to find supply. As I mentioned, the Food and Drug a solution to the controversy about al- The FDA needs strong leadership. Dr. Administration oversees the products lowing the over-the-counter sales of Von Eschenbach is an experienced and that account for fully a quarter of the Plan B. We may never know the battles respected scientist. We need his leader- entire U.S. economy. Every day, the he had to fight and win to achieve that ship to help Congress establish the leg- agency makes decisions that mean the solution, but his integrity and tenacity islative framework needed to reform difference between life and death for in achieving a solution speak volumes FDA: We need to restore the morale at countless patients. Millions of Ameri- for his character and his commitment FDA; we need to restore confidence in cans rely on drugs the FDA approves to to public health. the FDA for all Americans; and we protect them from sickness, and every FDA has long been regarded as the need to restore FDA to the world’s pre- family in America counts on the FDA gold standard in regulatory work. That mier food and safety regulatory agen- to see that the food they eat is free will continue to be true only if it cy. from contamination. makes independent, science-based deci- We need his commitment to ensure Now we are in the life science cen- sions, in both fact and appearance, and that the best possible science informs tury, and the opportunities for break- under Dr. von Eschenbach’s leadership, the decisions the FDA makes every throughs with new drugs is unlimited. we expect FDA to make those discus- day. We need him to ensure a culture of With the progress we have made in the sions solely on the basis of science and openness so that management listens Human Genome Project and the sein the best interests of public health. to and addresses the concerns of your quencing of the genes, the research To do the job we expect—— employees. We need him to make sig- that is being done across this Nation, The PRESIDING OFFICER. The time nificant changes to transform the the possibilities are virtually unlim- of the Senator has expired. Agency to the gold standard it once ited. But it is all new science. We have Mr. KENNEDY. I ask, if there is no was. to make sure that this agency which is FDA sets the gold standard. Yet objection, that I be able to proceed for going to make the judgments and deci- another 4 minutes? today we have ideology over science, sions about approval or disapproval is The PRESIDING OFFICER. Without ideology over competence. I strongly going to have the best in terms of sci- objection, it is so ordered. believe the FDA needs a strong perma- entists, the best in terms of leadership. Mr. KENNEDY. Mr. President, we nent Director. I will therefore vote for That is at issue here if we do not have have to make sure the agency itself is Andrew Von Eschenbach in the hopes someone who is going to be the head of that he can become that strong leader the FDA to make sure the agency that going to have the adequate resources FDA needs and the American public de- has responsibility for the safety of pre- that are going to be necessary to pro- serves. scription drugs is going to work in tect the public interest. What we are Mr. MCCONNELL. Mr. President, I ways to protect the American con- talking about here is making sure they suggest the absence of a quorum. sumer; that the agency that is in have the best, in terms of science—in The PRESIDING OFFICER. The charge of the food safety in this coun- terms of prescription drugs and the clerk will call the roll. try is going to work to ensure that it is new breakthroughs. We have the whole The legislative clerk proceeded to going to be effective for the American range of new medical devices which are call the roll. people. out there. The United States is leading Mr. KENNEDY. Mr. President, I ask Now the agency itself, the FDA, ur- the way. We want to make sure they unanimous consent that the order for gently needs treatment. For too long, are safe and effective. The agency has the quorum call be rescinded. it has been without a confirmed leader. important responsibilities in terms of The PRESIDING OFFICER. Without It has become a ship without a captain, the safety of our food supply. We have objection, it is so ordered. lacking the initiative and confidence given it additional kinds of responsibil- Mr. KENNEDY. Mr. President, at that only a confirmed commissioner ities to deal with the challenges of the 5:45, in just 15 minutes, we will have an can bring. Year after year, under this war on terror. opportunity to vote on the nominee to administration, the FDA has been al- This agency has enormous respon- head the Food and Drug Administra- lowed to drift, and year after year the sibilities in terms of the consumers and tion. I want to first of all commend my challenges that face the agency have the families of this Nation. It needs the friend, the chairman of our human re- grown. strong leadership which I think the source committee, Senator ENZI, for Think of the controversies—about nominee can bring, and it needs the his leadership over this period of time antidepressants, about the withdrawal kind of support from the Congress that

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.028 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11450 CONGRESSIONAL RECORD — SENATE December 7, 2006 will permit it to be the true gold stand- will know he has the full authority to sers and artificial hearts. I have seen ard for safety and for improving the do that. first hand how important it is to have health of the American people. I do want to remind people that the an appropriate regulatory agency As other agencies are set up around FDA’s mission is broad. It regulates there. The Food and Drug Administra- the world—in Western Europe and now food, it regulates drugs, it regulates tion, as we all know, as we have said even in Asia—the place they look is at biologics—and I wish I had time to ex- this afternoon, is America’s first sci- the FDA, and for very good reason. We plain all of what that is—medical de- entific regulation body. While the want this agency to be the best. It can vices. You probably didn’t know that agency has adapted and changed with be the best. With a new leader and he handles animal feed, and that is be- the times, it has remained true to its hopefully with the new Congress giving cause animals are ingested and could purpose of protecting interests of ev- the agency the kind of support it cause a problem, too. He is also in eryone who is listening to me, the should have, we can make sure the charge of cosmetics. For every dollar American consumer. health of the American people in these Americans spend, this agency regulates In a few minutes we will vote on the important areas is going to be secure 25 cents of that dollar in products. nomination of a very good friend, Dr. for the future. As science progresses, the challenges Eschenbach, to the position of Commis- Again, I thank my friend and col- to regulation will grow. The FDA regu- sioner of the Food and Drug Adminis- league from Wyoming for his persist- lates a host of new products that blur tration. ence and tenacity in making sure the FDA’s traditional boundaries, and I have known Dr. Eschenbach, again where we are this evening. We would that is one of the reasons the Senator professionally, and I have had mutual not be here if it had not been for his from Massachusetts and I have been patients with him. And he has assisted good work on this issue, as in so many working on a FDA reform bill for a in many ways as we have looked at ap- others. I thank him, and the American year and a half. We have now held propriate therapy for individuals from people ought to know that this is an hearings on that. across the country. He is currently enormously important vote to protect It is a very bipartisan bill. We have serving as Acting Commissioner. I have their interests. I hope this nominee is had some outstanding comments. interacted with him in that regard. He approved overwhelmingly. There is a possibility to make the has demonstrated a capacity to lead The PRESIDING OFFICER. The Sen- agency better, and we are going to con- and to administer in an exceptional ator from Wyoming. tinue to work on that so that all the way the Food and Drug Administration Mr. ENZI. Mr. President, I thank the new innovations that require a nimble with sensitive issues on a daily basis. Senator from Massachusetts, Mr. KEN- and responsive agency to regulate It is important that we have a perma- NEDY, for his tremendous effort over them, and resources to match, will be nent person in that position, and he is the last 2 years as we have worked on in place so that he can do the kind of the ideal person, the ideal candidate to health issues but particularly as we job he needs to do. do just that. have worked on the FDA. The Food and This is such a critical role in our Na- In both his professional and personal Drug Administration is critical to the tion’s public health, it is such an im- life, Dr. Eschenbach has experience: as people of this country, and Senator portant agency, I do ask for people to a cancer survivor, as Director of the KENNEDY and I have been asking to give him a resounding vote in this con- National Cancer Institute, literally a have a fully confirmed person heading firmation. nationally renowned urologic surgeon that up every opportunity we have had. Again, I thank Senator KENNEDY, and oncologist, which all attest to the We have been reminding people they who is the ranking member on the superlative qualifications to handle did not want to be the one objecting if committee and soon to be the chair- that challenging job, as we all know, as there happened to be a national safety man of the Health, Education, Labor, FDA Commissioner. crisis in food or health. It is just so and Pensions Committee, for his hard I hope colleagues will join me in sup- critical. work and support during the process. I porting Dr. Eschenbach’s nomination. People say he is ‘‘acting.’’ When you think it is time to bring this process to The PRESIDING OFFICER. All time are the acting person in a position, you a close so we can get him confirmed as has expired. really do not have the authority. It quickly as possible and have a true, The question is, Will the Senate ad- means people are looking over your fully confirmed Commissioner of Food vise and consent to the nomination of shoulder, seeing what you are doing, and Drug. Andrew von Eschenbach, of Texas, to making sure you are dotting every ‘‘I’’ I thank Dr. von Eschenbach for his be Commissioner of Food and Drugs, and crossing every ‘‘t’’ and following patience with our process and for the Department of Health and Human every rule and listening to every agen- work he has done in spite of the proc- Services? Mr. ENZI. Mr. President, I ask for cy that has any control over you. ess. I look forward to getting to see the Someone who is fully confirmed can be the yeas and nays. kind of job he will do as a fully con- The PRESIDING OFFICER. Is there a the boss. firmed physician. I ask for your vote in A lot of people would say: Why would sufficient second? support of him. There is a sufficient second. this highly qualified doctor take this I yield the floor. The clerk will call the roll. job? The PRESIDING OFFICER. The ma- The legislative clerk called the roll. I am sure now that he has been jority leader. Mr. MCCONNELL. The following Sen- through the confirmation process, he is Mr. FRIST. Mr. President, in a cou- ators were necessarily absent: the Sen- probably thinking: Why I would take ple of minutes we are going to turn to ator from Montana (Mr. BURNS), the that job? I am hoping he is not. In fact, a very important vote, a vote that to Senator from South Carolina (Mr. earlier today I called him to let him me is significant because it touches GRAHAM), the Senator from Utah (Mr. know that the delay in getting a final every single American in some shape or HATCH), the Senator from Arizona (Mr. vote on his confirmation had nothing form. Much has been said over the MCCAIN), and the Senator from Vir- to do with him, that we had some other course of today about the scope of the ginia (Mr. WARNER). logistical process things we were going FDA, the importance of having an FDA Further, if present and voting, the through, that there would be a final Commissioner, a permanent FDA Com- Senator from Utah (Mr. HATCH) would vote today, and that I suspected, in missioner, and we will realize that have voted ‘‘yea.’’ light of the cloture vote, there would shortly. Mr. DURBIN. I announce that the not be any problem. I am pleased that Earlier this year we celebrated the Senator from Delaware (Mr. BIDEN), it still looks that way. I am anxious to 100th anniversary of the Food and Drug the Senator from Connecticut (Mr. call him and let him know he is fully Administration, which is an adminis- DODD), the Senator from Vermont (Mr. confirmed as a commissioner and he tration that I have used professionally JEFFORDS), and the Senator from Ne- can start to work on some of the mo- in my previous profession in every- vada (Mr. REID), are necessarily absent. rale problems that he talked about, can thing from the thousands of prescrip- The PRESIDING OFFICER. Are there start to work on some of the other vi- tions I have written, to investigational any other Senators in the Chamber de- sion things he has in mind, and people drugs, to left ventricular devices, to la- siring to vote?

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.100 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11451 The result was announced—yeas 80, tory, and it is that perspective which I importance of propounding and encour- nays 11, as follows: brought to the Senate 10 years ago as a aging the spread of democracy, the rule [Rollcall Vote No. 274 Ex.] newly elected Member of this Chamber. of law, human rights, and the values of YEAS—80 When we came to the vote on Iraq, it our Bill of Rights. It is a better world was an issue of great moment for me. because of the United States of Amer- Akaka Domenici Martinez Alexander Dorgan McConnell No issue is more difficult to vote on ica, and the price we have paid is one of Allard Durbin Menendez than war and peace, because it involves blood and treasure. Allen Ensign Mikulski the lives of our soldiers, our young men Now we come to a great crossroads. A Bayh Enzi Murkowski and women. It involves the expenditure commission has just done some, I sup- Bennett Feingold Murray Bingaman Feinstein Nelson (FL) of our treasure, putting on the line the pose, good work. I am still evaluating Bond Frist Nelson (NE) prestige of our country. It is not a vote it. I welcome any ideas now because Boxer Gregg Obama taken lightly. I have tried to be a good where we are leaves me feeling much Bunning Hagel Pryor Burr Harkin soldier in this Chamber. I have tried to like Churchill, that we are paying the Reed Byrd Hutchison Roberts support our President, believing at the price to sit on a mountain that is little Cantwell Inouye Rockefeller time of the vote on the war in Iraq that Carper Isakson more than a volcano of ingratitude. Salazar Chafee Johnson we had been given good intelligence Yet as I feel that, I remember the Chambliss Kennedy Sarbanes and knowing that Saddam Hussein was pride I felt when the statue of Saddam Schumer Clinton Kerry a menace to the world, a brutal dic- Hussein came down. I remember the Coburn Kohl Sessions Cochran Kyl Shelby tator, a tyrant by any standard, and thrill I felt when three times Iraqis Coleman Landrieu Smith one who threatened our country in risked their own lives to vote demo- Collins Lautenberg Specter many different ways, through the fi- cratically in a way that was inter- Conrad Leahy Stabenow Cornyn Levin Stevens nancing and fomenting of terrorism. nationally verifiable as well as legiti- Craig Lieberman Sununu For those reasons and believing that mate and important. Now all of those Crapo Lincoln Thomas we would find weapons of mass destruc- memories seem much like ashes to me. Dayton Lott Thune Dole Lugar Wyden tion, I voted aye. The Iraq Study Group has given us I have been rather silent on this some ideas. I don’t know if they are NAYS—11 question ever since. I have been rather good or not. It does seem to me that it Baucus Grassley Talent quiet because, when I was visiting Or- is a recipe for retreat. It is not cut and Brownback Inhofe Vitter egon troops in Kirkuk in the Kurdish run, but it is cut and walk. I don’t DeMint Santorum Voinovich DeWine Snowe area, the soldiers said to me: Senator, know that that is any more honorable don’t tell me you support the troops than cutting and running, because cut- NOT VOTING—9 and not our mission. That gave me ting and walking involves greater ex- Biden Graham McCain Burns Hatch Reid pause. But since that time, there have penditure of our treasure, greater loss Dodd Jeffords Warner been 2,899 American casualties. There of American lives. have been over 22,000 American men Many things have been attributed to The nomination was confirmed. and women wounded. There has been George Bush. I have heard him on this Mr. ENZI. I ask unanimous consent an expenditure of $290 billion a figure floor blamed for every ill, even the that the President be immediately no- that approaches the expenditure we weather. But I do not believe him to be tified of the Senate’s action and that have every year on an issue as impor- a liar. I do not believe him to be a trai- the Senate return to legislative ses- tant as Medicare. We have paid a price tor, nor do I believe all the bravado and sion. in blood and treasure that is beyond the statements and the accusations The PRESIDING OFFICER. Without calculation by my estimation. made against him. I believe him to be objection, it is so ordered. Now, as I witness the slow undoing of a very idealistic man. I believe him to f our efforts there, I rise to speak from have a stubborn backbone. He is not my heart. I was greatly disturbed re- guilty of perfidy, but I do believe he is LEGISLATIVE SESSION cently to read a comment by a man I guilty of believing bad intelligence and The PRESIDING OFFICER. Under admire in history, one Winston Church- giving us the same. the previous order, the Senate will re- ill, who after the British mandate ex- I can’t tell you how devastated I was turn to legislative session. tended to the peoples of Iraq for 5 to learn that in fact we were not going years, wrote to David Lloyd George, to find weapons of mass destruction. f Prime Minister of England: But remembering the words of the sol- MORNING BUSINESS At present we are paying 8 millions a year dier—don’t tell me you support the Mr. ENZI. Mr. President, I ask unani- for the privilege of living on an ungrateful troops but you don’t support my mis- volcano. mous consent that the Senate proceed sion—I felt the duty to continue my to a period of morning business with When I read that, I thought, not support. Yet I believe the President is Senators permitted to speak for up to much has changed. We have to learn guilty of trying to win a short war and 10 minutes each. the lessons of history and sometimes not understanding fully the nature of they are painful because we have made the ancient hatreds of the Middle East. The PRESIDING OFFICER. Without mistakes. Iraq is a European creation. At the objection, it is so ordered. Even though I have not worn the uni- Treaty of Versailles, the victorious The Senator from Oregon. form of my country, I, with other col- powers put together Kurdish, Sunni, f leagues here, love this Nation. I came and Shia tribes that had been killing into politics because I believed in some each other for time immemorial. I IRAQ things. I am unusually proud of the would like to think there is an Iraqi Mr. SMITH. Mr. President, I know it fact of our recent history, the history identity. I would like to remember the is probably appropriate to speak of our of our Nation since my own birth. At purple fingers raised high. But we can colleagues, and I will do that on the the end of the Second World War, there not want democracy for Iraq more than record. I rise tonight, however, to were 15 nations on earth that could be they want it for themselves. And what speak about a subject heavy on my counted as democracies that you and I I find now is that our tactics there mind. It is the subject of the war in would recognize. Today there are 150 have failed. Iraq. nations on earth that are democratic Again, I am not a soldier, but I do I have never worn the uniform of my and free. That would not have hap- know something about military his- country. I am not a soldier or a vet- pened had the United States been insu- tory. And what that tells me is when eran. I regret that fact. It is one of the lar and returned to our isolationist you are engaged in a war of insurgency, regrets of my life. But I am a student roots, had we laid down the mantle of you can’t clear and leave. With few ex- of history, particularly military his- world leadership, had we not seen the ceptions, throughout Iraq that is what

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.024 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11452 CONGRESSIONAL RECORD — SENATE December 7, 2006 we have done. To fight an insurgency ning a battle, winning a war, is dif- shop, spend, and wrap presents came often takes a decade or more. It takes ferent than winning a peace. from, for it is surely not in the Bible, more troops than we have committed. We were not prepared to win the nor in the teachings of Jesus. These It takes clearing, holding, and building peace by clearing, holding, and build- days, it takes effort to carve out so that the people there see the value ing. You don’t do that fast and you enough time and energy from the of what we are doing. They become the don’t do it with too few troops. I be- ceaseless march of consumerism to find source of intelligence, and they weed lieve now that we must either deter- the true spirit of Christmas. But, out the insurgents. But we have not mine to do that, or we must redeploy thankfully, it is still present amid all cleared and held and built. We have in a way that allows us to continue to the bright lights and cheery back- cleared and left, and the insurgents prosecute the larger war on terror. It ground music. One can see it in the have come back. will not be pretty. We will pay a price piles of canned goods donated to food I, for one, am at the end of my rope in world opinion. But I, for one, am banks. One can see it in the response to when it comes to supporting a policy tired of paying the price of 10 or more the ‘‘angel trees’’ that let people an- that has our soldiers patrolling the of our troops dying a day. So let’s cut swer the Christmas wishes of children same streets in the same way, being and run, or cut and walk, or let us fight in their communities. One can hear it blown up by the same bombs day after the war on terror more intelligently in the Christmas choirs that put on day. That is absurd. It may even be than we have, because we have fought magnificent performances. ‘‘At Christ- criminal. I cannot support that any- this war in a very lamentable way. mas play and make good cheer, for more. I believe we need to figure out Those are my feelings. I regret them. Christmas comes but once a year.’’ So how to fight the war on terror and to I would have never voted for this con- wrote Thomas Tusser, who lived from do it right. So either we clear and hold flict had I reason to believe that the in- 1524 to 1580, demonstrating that some and build, or let’s go home. telligence we had was not accurate. It good things have changed very little There are no good options, as the was not accurate, but that is history. over the years. For the birth of Jesus, the angels Iraq Study Group has mentioned in Now we must find a way to make the sang, and for Him in this cold season, their report. I am not sure cutting and best of a terrible situation, at a min- churches across the Nation will be walking is any better. I have little con- imum of loss of life for our brave fight- filled with joyous music. The churches fidence that the Syrians and the Ira- ing men and women. So I will be look- of West Virginia are always filled with nians are going to be serious about ing for every opportunity to clear, helping us to build a stable and demo- great music, but at Christmastime the build, hold, and win or how to bring our choirs are especially inspired. There cratic Iraq. I am at a crossroads as troops home. well. I want my constituents to know are few things more uplifting than I yield the floor. coming out of an evening church serv- what is in my heart, what has guided The PRESIDING OFFICER. The Sen- ice, buoyed up by sweet traditional my votes. ator from West Virginia is recognized. music, and seeing the stars of heaven What will continue to guide the way f I vote is simply this: I do not believe sparkling like diamonds across the vel- vet dark sky. All of the carols that we we can retreat from the greater war on CHRISTMAS learned as children in church, or terror. Iraq is a battlefield in that larg- Mr. BYRD. Mr. President, Sir Walter around the family piano, sing in our er war. But I do believe we need a pres- Scott, in his poem ‘‘Marmion,’’ said heads, don’t they? The three kings fol- ence there on the near horizon at least these words: lowing the ‘‘yonder star,’’ the stars that allows us to provide intelligence, Heap on more wood!—the wind is chill; shining brightly on that holy night, interdiction, logistics, but mostly a But let it whistle as it will, the manger in Bethlehem, and the holy We’ll keep our Christmas merry still. presence to say to the murderers that mother and child on that silent night. come across the border: We are here, The Senate will shortly adjourn for Each year, these loving memories sur- and we will deal with you. But we have the remainder of the year. We will re- face from the deep well of our child- no business being a policeman in some- turn home to our families and friends hood, each time bringing with them one else’s civil war. and begin to think of putting up fond memories of happy days and fam- I welcome the Iraq Study Group’s re- Christmas decorations and shopping for ily members no longer with us but still port, but if we are ultimately going to those special presents that we will give very dear to our hearts. retreat, I would rather do it sooner to our loved ones. We will leave much This year, many families will look to than later. I am looking for answers, work unfinished, postponed until the the stars to know that far across the but the current course is unacceptable new Congress convenes next January. globe their loved ones also gaze up at to this Senator. I suppose if the Presi- That I regret. the same stars to recall home and to dent is guilty of one other thing, I find Continuing resolutions allow the recall the same old Christmas story. In it also in the words of Winston Church- basic work of Government to proceed, Afghanistan, in Iraq, in Korea and ill. He said: but they do not offer clear guidance to Kosovo, in Bosnia and Herzegovina, After the First World War, let us learn our Government offices and programs, and and elsewhere around the globe, many lessons. Never, never believe that any war they postpone any new starts or major thousands of U.S. troops will be spend- will be smooth and easy or that anyone who changes to programs until the regular ing this Christmas season in a decid- embarks on this strange voyage can measure authorizing and appropriation bills are edly unpeaceful setting, proudly and the tides and the hurricanes. The statesman who yields to war fever must realize that acted upon. That is unfortunate. How- bravely wearing the uniforms of this once the signal is given, he is no longer the ever, we may be grateful this Christ- Nation. The National Guard units of master of policy but the slave of unforesee- mas that we live in a nation in which West Virginia will have done and will able and uncontrollable events. changes in Government may take place continue to do their part, serving re- That is a lesson we are learning in a peaceful fashion in open elections. peated deployments—I say again, serv- again. I am afraid, rather than leveling We may also be grateful that we live in ing repeated deployments—overseas. with the American people and saying a nation in which the voice of the peo- Many of them will not be able to spend this was going to be a decade-long con- ple can be expressed freely, eloquently, Christmas with their families. For our flict because of the angst and hatred and peacefully. Vox populi, vox diae. troops especially, we pray for peace, that exists in that part of the world, This Christmas, we might alter our that they might be soon returned to that we tried to win it with too few prayers for those around the world who the loving arms of their families. And troops in too fast a time. Lest anyone do not enjoy these same great bless- to the families of our service men and thinks I believe we have failed mili- ings. women, we offer words, hopefully, of tarily, please understand I believe Christmastime is a time of peace and comfort, assuring them that none of us when President Bush stood in front of celebrating, as Christians do, the birth can forget that during this holiday sea- ‘‘mission accomplished’’ on an aircraft of Jesus, whose world-transforming son their loved ones are far from carrier that, in purely military terms, message preached peace, tolerance, home—far from home and far from the mission was accomplished in the kindness, and love for all people. I am safety. Our prayers and our wishes are wars in Afghanistan and Iraq. But win- not quite sure where the message to with them always.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.113 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11453 My soul, there is a country ‘‘What writest thou?’’ The Vision raised its Mr. BYRD. Mr. President, will the Far beyond the stars, head, distinguished Senator yield? Where stands a winged sentry And with a look made of all sweet accord Mr. DEWINE. I am pleased to yield. All skillful in the wars: Answered, ‘‘The names of those who love the Mr. BYRD. I thank this friend of There above noise and danger, Lord.’’ West Virginia, this friend of mine. I Sweet Peace is crown’d with smiles, ‘‘And is mine one?’’ said Abou. ‘‘Nay, not And One born in a manger shall always remember as long as I so,’’ live—however long that may be—I Commands the beauteous files. Replied the Angel. Abou spoke more low, Henry Vaughn in 1650 wrote those But cheerily still; and said, ‘‘I pray thee, shall carry in my heart a very warm words in his poem titled ‘‘Peace.’’ then, feeling for him. He is our neighbor. He Mr. President, I wish everyone in our Write me as one who loves his fellow men.’’ represents the people of Ohio, our Nation and everyone in our Nation’s The Angel wrote, and vanished. The next neighbor to the west of the West Vir- service around the globe a beautiful night ginia hills. I thank him for his friend- and peaceful Christmas season. Wher- It came again with a great wakening light, ship and for his services to his people. ever the demands of the Nation may And showed the names whom love of God had His people are my people. I wish him blessed, well in the days and years ahead wher- send you, in your hearts and in your And, lo! Ben Adhem’s name led all the rest! memories you can hear the music and ever he may serve. May God always Mr. President, I wish you and I wish relive the family traditions that make bless you, my friend, and may He al- all Senators and all peoples everywhere Christmas so very, very special. ways keep you in the palm of His hand. As this year closes and a new year a very merry and peaceful and pleasant Mr. DEWINE. I thank my colleague dawns, we are filled with kind thoughts and memorable Christmas. for his very generous and kind com- and bold resolutions. For some, it I yield the floor. ments. One final comment to say that would be a time also filled with a cer- The PRESIDING OFFICER. The Sen- it was his great leadership, along with tain buyer’s remorse, as the Christmas ator from Ohio. the great leadership of Senator MCCAIN Mr. DEWINE. Mr. President, I say to bills come due. For others, New Year’s and others, which allowed us—group is my neighbor in West Virginia, my resolutions will lead them into gym- the word I would prefer—a group of 14 friend and my colleague, first of all, nasiums in fresh attempts to exercise Senators to make an agreement that I that the poem he just recited is one and work off rich Christmas cookies think was in the best interests of the that my wife Frances and I learned in and cakes. I applaud everyone with Senate, and it has proved to be in the the seventh grade in Yellow Springs. such determination. Each new year is a best interests of the Senate, in regard The Senator reciting it brings back new chance to address our pressing in- to our judges and how we confirm very good memories, not only of the dividual issues, be they health related them. It has worked so far. My wish for poem but of being in the seventh grade or economic. you and my other colleagues as you go The new Congress must also be filled with my friends. on is that you will continue to keep with resolve—resolve to respond to the There will be many things about this that agreement and it will continue to clear messages sent by the people of Senate that I will miss, and certainly work. That is my wish. the United States. We will have much one that I will miss is having the op- Mr. BYRD. Mr. President, I thank work to do if we are to successfully portunity to sit here and to listen to the able Senator. I shall do my best to deal with the situation in the Middle my colleague from West Virginia as he help fulfill his confidence and wishes. East, the mounting national deficit at speaks. It is a great privilege. It is a f great thrill. home, the rising costs of health care, HONORING OUR ARMED FORCES and myriad other problems. Our re- I must tell him, however, that there solve must last longer than most intro- is C–SPAN in Cedarville, OH. I suspect SERGEANT DANIEL MICHAEL SHEPHERD ductory gymnasium memberships if we the library does get the CONGRESSIONAL Mr. DEWINE. Mr. President, I rise are to set our national house in order. RECORD at Cedarville College and other today to pay tribute to a courageous In January, Lord willing, I will begin places, so I will have the opportunity young man, who dedicated his life to my ninth term as a United States Sen- to listen to him and read what he has defending the freedom of others. Army ator from the beautiful State of West to say. He is a great treasure of this SGT Daniel Michael Shepherd of Elyr- Virginia, whose motto is ‘‘Mountain- Senate. ia, OH was killed in Iraq on August 15, eers are always free.’’ I have been here I might also tell my colleague, as I 2004, when his vehicle was struck by a long enough to know that we have done told him personally yesterday, that I bomb. He was only 23 years old. it before, and we can do it again. I will carry around with me and keep Daniel—fondly referred to as again thank the people of West Vir- with me and prize the small Constitu- ‘‘Danny’’ by his family and friends— ginia for their votes of confidence in tion that I know is in his pocket right was deployed to support Operation now that he gave me. I deeply appre- me, ROBERT C. BYRD, to continue in Iraqi Freedom in September 2003, after their service. ciate that. And I know he gave one to being stationed at Fort Riley in Kan- Mr. President, I close with a favorite the Presiding Officer as well. sas. Danny joined the military in 2000, poem of mine by James Henry Leigh One of the first things I did when I upon his graduation from high school. Hunt, who lived from 1784 to 1859. This came to the Senate in January of 1995 A courageous member of the 1st Bat- is a poem familiar to all of us, to me was walk across the hall to see Senator talion, 16th infantry regiment, 1st Bri- from my very earliest days in a little BYRD. Senator BYRD was kind enough gade, Danny was remembered as a com- two-room schoolhouse. This favorite to give me his ‘‘History of the Senate.’’ mitted soldier and loyal friend. poem of mine by James Henry Leigh I have cherished that, have read it. His platoon SGT Ron Tulanowski re- Hunt is entitled ‘‘Abou Ben Adhem.’’ That will be going back with Frances members Danny’s reliability and brav- During the Christmas season, and espe- and myself to Ohio. If I do, I say to my ery when the Sergeant’s armored vehi- cially as we brave the crowds and the colleague from West Virginia, do what cle was hit by a grenade. In describing traffic at the shopping malls and in the I hope to do—do a little teaching at the Danny’s heroism, the Sergeant said grocery stores, it is good to remember college level—I am sure those books that ‘‘he probably saved my life the that the true message of the season is will certainly come in very handy. day I got hit.’’ Danny was more con- to love the Lord and to love our fellow I thank my colleague for his friend- cerned for the lives of others than he men. ship and for his great service now be- was for his own. I can think of nothing ‘‘Abou Ben Adhem’’: ginning this January his ninth term in more honorable. the Senate. Danny attended Columbia High Abou Ben Adhem (may his tribe increase!) Awoke one night from a deep dream of peace, One final note. I will tell my col- School where he played center and And saw, within the moonlight in his room, league, and I don’t know if I have told tight end on the school’s football team. Making it rich, and like a lily in bloom, him this, but my son and my daughter- He was known as a great athlete and An Angel writing in a book of gold: in-law and our new granddaughter now devoted team player. According to Ray Exceeding peace had made Ben Adhem bold, live in West Virginia, so they are con- Anthony, the Columbia Township Fire And to the Presence in the room he said, stituents of my colleague. Chief, ‘‘Danny was like the big brother

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.115 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11454 CONGRESSIONAL RECORD — SENATE December 7, 2006 of the football team.’’ One of Danny’s sadness she felt when she heard of his him a good friend—someone who could former teammates Mike Banyasz also death. She wrote the following on an brighten any day. SGT T. Gonzales left recalled how helpful he was to all his Internet tribute webpage: Adam’s family the following message teammates. ‘‘He was starting center So much pain rushed through me all at in tribute to Adam: and I was backup center,’’ he said. once because I knew that I would never get I was fortunate to make the acquaintance By the third game, he moved to tight end, to see ‘the boy next door’ again. The pain did of this fine soldier, as well as that of his and I became starting center. He helped me not last too long, though, because I soon re- brother . . . during the first trip to Iraq in out a lot. He was a big reason I became the alized that though Danny’s physical presence 2003 to 2004. Adam was always one with jokes starter. will no longer be there, his love and memo- in his mind and has shown me the lighter Clearly, Danny believed in the value ries will never falter. side of life. . . . He will be greatly missed! Mr. President, Danny Shepherd’s he- My heart, prayers, and thoughts go with all of teamwork. His willingness to always of you. help others be their best made him a roic actions and service to our country PFC Dennis Bluhm had this to say truly excellent soldier. will be honored and remembered long It was also in high school, Mr. Presi- after his death. His optimism will con- about his friend: dent, that Danny met his future wife tinue to inspire those who knew and [O]ne thing I can tell you is that Adam Kassie for whom he cared deeply. While loved him. made an impact on everyone he talked to. He has always been able to find a way to make Danny was in Iraq, Kassie waited anx- My wife Fran and I continue to keep Danny’s family—his wife Kassie, their someone laugh, even when they wanted to iously for him at home; she missed her cry. He was one of the BEST friends that husband terribly. son Daniel, and Danny’s parents Karen anyone could ever have the privilege of grow- Kassie gave birth to their son, Daniel and Daniel—in our thoughts and praying up next door to. Adam is not gone—he A. Shepherd, while Danny was deployed ers. lives on in all of our memories, and with a in Iraq. Daniel was born on St. Pat- PRIVATE FIRST CLASS ADAM R. SHEPHERD guy like him . . . he will definitely not be for- rick’s Day and according to family Mr. President, I rise today to pay gotten. members and friends, looks just like tribute to Army PFC Adam R. Shep- Adam was a loving son and brother. his father. Danny was scheduled to re- herd from Somerville, OH. On January His family dearly misses him. As his turn from Iraq a week after he died. He 17, 2006, PFC Shepherd died in Iraq mother Susan said, ‘‘I have four chil- was looking forward to meeting his son from an illness. He was serving with dren—four boys—and a quarter of my for the first time. When Danny died, the 2nd Battalion, 502nd Infantry Regi- heart is gone.’’ his son was only six months old. ment, 2nd Brigade Combat Team, 101st Adam’s Aunt Ruth wrote the fol- Recognized for his unrelenting drive, Airborne Division, based out of Fort lowing about her nephew: Danny simply had a passion for public Campbell, KY. Adam was 21 years old. Today is Valentine’s Day—a time to re- service. He attended law enforcement Adam leaves his mother and step-fa- member those who you love. I love Adam. I classes at Lorain County Joint Voca- ther Susan and Mark Miller, his father always will. He brings a smile to my face ev- tional School and planned on contrib- Roger Shepherd, and his brothers eryday when I think of him. He was such a uting to the safety of his community sweet boy who turned into such a fine young Marcus Miller, Elijah Miller, and Army man. My heart goes out to his mother, who by becoming a police officer upon his SPC Joshua Shepherd, who also is serv- will always be my friend and sister. . . . I re- return from Iraq. And according to his ing with the 2nd Brigade. call the saying, ‘It matters not how much we grandmother Celia, ‘‘Danny understood Adam was born in Cincinnati on love, but how much we are loved.’ And Adam the value of education and planned on Christmas Day 1984. Growing up, he at- was so very loved—’till we meet again, attending college upon his return.’’ tended Preble Shawnee High School Adam. Friends and family members were in- until he transferred to the Life Skills Adam will always be remembered for spired by Danny’s motivation and posi- Center for his senior year. He grad- his warm, beaming smile. From the tive attitude. He went about his busy uated in 2002, and enlisted in the Army day he was born, as his Aunt Rose re- and stressful days with an infectious in January 2003. As an infantryman, members that his smile just stood smile on his face. Danny’s former Adam’s relatives say that his superiors out—that it was truly unforgettable. teammate Chris Horn said: in the Army regularly praised him for Adam was proud that he fulfilled his Danny’s daily schedule was always hectic, his positive attitude and for always dream of becoming a soldier and serv- yet I never heard him gripe or complain. volunteering for dangerous duties. ing our Nation. He was brave and dedi- Indeed, Danny’s optimism shined Hector Santiago, one of Adam’s cated. His service to our country has through to his peers as he worked to school teachers, remembers him as a earned him several awards, including reach his goals. According to Chris, ‘‘very good student. . . . He was an the Army Good Conduct Medal, the Danny ‘‘seemed like he knew what he even-keeled, happy-go-lucky type of Army Service Ribbon, the Combat In- wanted to do from the get-go. He said guy,’’ he said. Those who grew up with fantryman Badge, the Global War on he wanted to be in the military and Adam remember him as a real jokester. Terrorism Expeditionary Medal, the then when he got out, he wanted to be- He always had something funny to say Global War on Terrorism Service come a cop.’’ and was always trying to make his Medal, and the National Defense Danny’s family and friends are fre- friends smile. For many, he was simply Medal. quently reminded of his character, reli- a ray of sunshine in their lives. As one When I think of young men like ability, and willingness to help others. of his friends, J.J. Green, said, ‘‘We had Adam, I am reminded of the words of Roger Pace—the minister at Broadview a blast every time we got together. He President John F. Kennedy. This is Road Church who delivered Danny’s eu- was always the generous, happy person what he said: logy—said that ‘‘the Army calls such in our group of friends. I will miss him Let every nation know, whether it wishes people leaders, regardless of rank.’’ In- forever.’’ us well or ill, that we shall pay any price, deed, Danny Shepherd epitomizes the Adam will also be remembered for his bear any burden, meet any hardship, support definition of leadership. politeness and compassion. He was the any friend, oppose any foe, to assure the sur- SGT Andrew Ritchie of New York— type of person who was always looking vival and the success of liberty. who had served in an earlier deploy- to make new friends. Janeese Martin Without question, Adam served his ment with Danny—reiterated this wrote the following on an Internet country bravely to help ensure the suc- characteristic. This is what he said: tribute webpage in Adam’s honor: cess of liberty. He was a man of cour- Shepherd was one of the best people I ever I was very shocked and saddened to hear of age and loyalty, devoted to his family, had the chance to meet and serve with in the Adam’s death. He was a very wonderful per- his fellow soldiers, and his country. Army. . . . He always did [his job] to the best son. He befriended me when I moved to But what’s more, Adam served cheer- of his ability. He would always stop to help Preble Shawnee—no questions asked. I was fully, and with a smile. Army PFC somebody else out when they needed it. All very proud of him when I heard that he Adam Shepherd will never be forgot- I can really say is he was a great person. served his country. ten. Danny will leave a lasting impact on Adam’s sense of humor and ability to My wife Fran and I continue to keep everyone he met. His former next door make others laugh followed him to Adam’s friends and family in our neighbor, Jennifer, reflected upon the Iraq, where his fellow soldiers found in thoughts and prayers.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.118 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11455 LANCE CORPORAL DANIEL NATHAN DEYARMIN Family friend Ray Kozlowski de- life and a dedication to his family, Mr. President, I rise today to remem- scribed Nate as a ‘‘horsepower enthu- friends, community, and country. As ber and honor a fellow Ohioan—Marine siast.’’ With his father, he would work his mother said, ‘‘If you truly knew LCpl Daniel Nathan Deyarmin, Jr., on old cars in the garage, where they Nathan, you loved him.’’ from Tallmadge. Lance Corporal kept a dozen cars in various states of I would like to conclude with words Deyarmin was killed on August 1, 2005, disrepair. And Nate’s friend, Eddie that Nate, himself, wrote in the Akron during combat operations in Iraq. Just Papp, remembers how focused he was Beacon Journal. The article was pub- two days before his death, he cele- when working. ‘‘So many times we lished on July 4th, 2005, and Nate wrote brated his 22nd birthday. He is survived would be working on something, and I about being away from loved ones over by his parents Edie and Daniel would want to go to bed and get some the holiday, and what it meant to be Deyarmin Sr., and by his sister Erica. sleep, but Nate would not let me,’’ defending his country with his fellow To friends and family, Lance Cor- Eddie said. ‘‘He would make me push marines instead. These were his words: poral Deyarmin was known simply as myself to go a little longer.’’ [T]he free will to be over here and help ‘‘Nate.’’ Born in Tallmadge, he lived During Nate’s funeral procession, his each other is one of the hardest things in there his whole life and loved to dress family drove some of his favorite cars. one’s life and still being able to put forth our in cowboy outfits and tinker with old One of them was a 1985 Monte Carlo—a best effort to make the best of every situa- cars. Kind-hearted and easy-going, he car that literally had Nate’s teething tion we encounter. That’s what we as Ameri- was also a consummate prankster. marks in the dashboard. Nate’s friend cans do. We make the best of everything. Semper Fi. Once, after cleaning his room under or- Charlie Harner has painted the words ders, he then painted the following ‘‘In Loving Memory’’ on the deck lid of My wife Fran and I continue to keep words on the ceiling—‘‘I got even!’’ his own stock car. All of his races are LCpl Nathan Deyarmin’s family in our Nate’s mother remembers that he dedicated to Nate. thoughts and prayers. could make anything fun. Even when Nate was a man who was devoted to CORPORAL JOSEPH ANTHONY TOMCI he was in trouble, his parents simply his country, to his marines, and to his Mr. President, I rise today to remem- couldn’t stay mad at him. It would family and friends. While serving in ber a brave Ohioan who died while serv- never be long until they were all laugh- Iraq, he would often speak with his ing our country in Iraq. Marine Cpl Jo- ing together. family on the phone. Although the con- seph Anthony Tomci died on August 2, His friends recall that Nate was versations were often emotional, he 2006, from wounds received from an IED friendly with everyone he met. He was said he was proud of serving to make explosion, while conducting combat op- simply one of the guys, whether they the country safe. erations against enemy forces. He were hunting, playing football or soc- Nate’s mother remembers that her leaves behind his mother and step-fa- cer, wrestling, or working on stock son was upbeat when he called on his ther Gayle and Philip, his father John, cars. Nate graduated in 2002 from 22nd birthday. ‘‘He was happy,’’ she and his brother Jason. Tallmadge High School, where he was a said. ‘‘He was always happy.’’ Joe—as friends and family called member of the football team. Nate’s death was felt by the entire him—graduated from Stow-Monroe Don Duffy was his school counselor Tallmadge community. He was honored Falls High School in 2003 and imme- for four years at Tallmadge High and by Tallmadge High School during its diately enlisted in the Marines. His fa- remembers talking with the young first football game of the 2005 season, ther remembers how proud Joe was to Nate about his interest in the military. be serving his country. ‘‘He felt that He describes Nate as ‘‘soft-spoken [and] and the sixth graders that Nate talked they were doing something worth- polite,’’ a good student who was well- to at Tallmadge Middle School will al- while,’’ John recalled. ‘‘He loved what liked by his fellow classmates. ways remember the day that they Nate enlisted in the Marines in Janu- heard a true hero speak. he was doing. As a father, that’s the ary 2003, one of five members of his Nate was one of six men from his highest thing that you can want for unit who graduated from the sniper unit to be killed on August 1, your children.’’ Tallmadge public schools. The group 2005. SGT Brian Casagrande served Joe’s family and closest friends re- spoke twice to students at Tallmadge with these men. This is what he said member him as a sensitive man with a Middle School before shipping to Iraq about Nate: deep sense of compassion. A family in January 2005. ‘‘They felt very Daniel ‘Nate’ Deyarmin came to us . . . friend, Susan Walker, recalls the time strongly about what they were doing,’’ from Weapons Company. He brought with when a 10-year-old Joe unsuccessfully Tallmadge teacher Carol Arbour said. him his goofy smile and upbeat spirit. His tried to nurse an abandoned mouse goofy exterior, which earned him the usual back to health. When the mouse died, ‘‘We prayed they would be coming dose of ribbings, contained the soul of a home together.’’ she said, ‘‘Joseph was devastated.’’ gentle, thoughtful man. He was always will- Joe was a young man with many in- In Iraq, Nate became part of a special ing to undertake any task set before him, sniper unit. His mother remembers how and did so without complaint or hesitation. terests. He will be remembered as a important his fellow Marines were to He could be found during his time off reading loyal friend, a comedian, and a him. ‘‘He loved being with the snipers,’’ some kind of ‘motorhead’ magazine, and he Heineken beer drinker. He loved foot- she said. ‘‘They worked together and was always talking specs about vehicles. ball and played on his high school they meshed. They covered each oth- Nate’s smile will be missed. team. Joe also loved movies and had an er’s butts.’’ Nate’s memory continues to inspire amazing knack for memorizing lines Nate’s sister, Erica, also remembers others. Working together with family from his favorite flicks. He’d recite his commitment to being a Marine. friend Ray Kozlowski, Nate’s mother these lines while watching movies— ‘‘He believed in his country,’’ she said. has organized a fundraiser in her son’s often to the dismay of those watching ‘‘He loved being a Marine.’’ honor to benefit veterans with disabil- alongside him. During phone calls home, Nate’s fam- ities. Fittingly, the fundraiser is based His lifelong friend Mike Gross re- ily had a rule that nothing negative around what Nate loved most—horse- members that Joe was ‘‘the life of the could ever be said during their phone power. party.’’ In Mike’s words, ‘‘It was al- conversations. His parents knew that On October 2, 2005, the LCpl Daniel ways better when Joe was around.’’ being a sniper was a difficult job, and ‘‘Nate’’ Deyarmin Memorial Benefit Indeed, Joe loved his friends. On his that Nate had to stay focused and alert Run drew 1,500 motorcycles and 250 second tour in Iraq, he kept pictures of at all times—even if he had gone with- cars, successfully raising more than his closest buddies in his helmet. And, out sleep for hours on end. $17,000 for the veterans. Another event after receiving news of his death, more Nate was enthusiastic about many was held this past summer. In the past than a dozen of Joe’s friends gathered things in life, but cars were his pas- 2 years, Nate’s mom has helped to raise to remember the man they knew as sion. He would help friends whose cars over $35,000 for veterans with disabil- ‘‘Joe Tom.’’ They were lifelong friends, broke down in the middle of the night, ities. who had played sports together as kids and he loved to restore old cars. ‘‘That The life and heroism of Nathan and had ridden their bikes through the was his favorite thing to do,’’ Nate’s Deyarmin will never be forgotten. He streets of Stow. The even had a name sister recalls. was a fine man with a compassion for for themselves—‘‘The Organization.’’

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.120 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11456 CONGRESSIONAL RECORD — SENATE December 7, 2006 Friend, Steve Young, remembers that he went into the Marines as early as he Andy was attending Owens Commu- Joe would tell say that ‘‘he was not could. nity College when his Army Reserves only serving his country, but he was Though Joe was nearing the end of unit was called to active duty in Feb- serving us. He would tell us, ‘I am his enlistment, his father believes that ruary 2003. Without question, Andy was going so you don’t have to.’’’ his son was destined for a bright career a dedicated soldier. When he died, he In addition to his strong sense of in the military. Joe had talked about was serving his second deployment in duty, Joe also had a remarkable sense the possibility of becoming a drill in- Iraq. During his first deployment, he of humor. To his friends, he was always structor, feeling that his combat expe- had sustained injuries for which he re- something of a prankster. Jacob rience in Iraq would help him make ceived the Purple Heart. He was a cou- Geopfert particularly remembers one better Marines out of new recruits. And rageous young man—a true hero. night when they were all at his fam- it was Joe’s nature to assume leader- During Andy’s funeral, BG Michael ily’s lake house. ship positions. As his father said, ‘‘In a Beasley commented upon Andy’s sec- Without warning, their friend Nick sense, he’d be helping others. That was ond deployment to Iraq. Andy didn’t sneezed three times in a row. Joe kind of his life’s mission.’’ have to return, but he did anyway. BG looked at him and yelled, ‘‘I don’t get Joe made everyone who knew him Beasley reflected upon why. This is allergies, I give them.’’ He then pushed proud. His mother remembers how im- what he said: Nick—fully clothed—into the lake. portant being a Marine was to Joe. ‘‘He Andy didn’t have to go back to war. He ‘‘That was Joe,’’ Nick remembers. always dreamed of being a Marine,’’ came back a Purple Heart recipient. . . . He ‘‘That’s how he was.’’ she said. ‘‘He believed his service was a wanted to go back to serve our Nation, with While serving abroad in Iraq, Joe be- benefit to the world.’’ our soldiers. came pen pals for a class of second This sentiment is one we hear over Brigadier General Beasley also said graders at Fishcreek Elementary and over again when people talk about that Andy ‘‘was a wonderful soldier and School in Stow. Teacher Tracy Piatt Joe’s life. He was a caring man, some- a brilliant patriot. He was someone one who took his leadership respon- remembers how much corresponding who taught us a whole lot about wear- sibilities seriously. He genuinely cared with the young Marine in Iraq meant ing a uniform, about being a father, about the Marines who were serving to her class. They would make birth- about being a husband, and about being under him and worried about them day cards and throw parties in his an American.’’ often. During his last tour, he didn’t honor, singing ‘‘Happy Birthday’’ to his Bret Howland was a good family call home as frequently as in the past. picture that hung on their wall. They friend and a father figure to Andy. He His mother explains that Joe said ‘‘it sent him care packages, and tracked said the following about Andy’s deci- was because there were so many men his location in Iraq on a map. sion to return to Iraq: under his care that were on their first After his first tour ended, Joe visited He wanted to go with his people. He had tour of duty that he wanted to make the class, thanking them for their this family, and he had his family with sure they’d have the opportunity to thoughtful letters. As he walked to the 983rd—[his Army battalion]. Everybody call home. That’s just how he was.’’ front of the room, they stopped and looked up to him, from the commander on Marine Cpl Joe Tomci was a young down. stared at him with awe and admira- man who genuinely loved life and had tion. Joe talked to the class about Bret also remembers how valuable great compassion for others. His dedi- Andy’s friendship was. ‘‘He was on such being an American and being a marine. cation to his friends, family, commu- He spoke of the importance of respect, an even keel,’’ he said. ‘‘He was so calm nity, and country was unmatched. Joe in crisis, yet when he needed to be, he loyalty, faith, and trust. And, he told is a model of what we all hope our chil- them that their packages were one of was fiercely loyal.’’ dren will become. SFC James Gyori was Andy’s platoon his best motivations in Iraq, and that My wife Fran and I continue to keep sergeant for 18 months. ‘‘Andy was the he would sit there reading their letters his family in our thoughts and prayers. perfect soldier,’’ he said. ‘‘He did what for hours. SERGEANT GARY ANDREW ECKERT you asked. He always had a smile on The students in Tracy Piatt’s class Mr. President, I rise today to pay his face. He was never in a bad mood— will miss the young man who became tribute to Army SGT Gary Andrew always there to help everybody. He got their marine. ‘‘He was so proud of what Eckert, from Sylvania, OH. On May 8, me through some rough days over he was doing,’’ Tracy tearfully remem- 2005, Sergeant Eckert died in Iraq when there.’’ bers. ‘‘You could tell he cared about an improvised explosive device deto- Andy’s friends all love and miss him making Iraq a better place for the peo- nated near his military vehicle. He dearly. Daily, messages are left hon- ple there.’’ In her words: leaves behind his wife Tiphany, their oring him on Internet tribute Web [Joe] was a good kid, a good young man. daughter Marlee, and their son Myles. sites. One friend from Anthony Wayne He just wanted to be good for people. I wish Sergeant Eckert is also survived by his he knew how many people cared about him. High School, Jen Stone, shared her mother Deborah, his father and step- memories of Andy on one of the sites: He touched so many lives that he didn’t even mother Gary and Cathy, his brother know about. As a fellow classmate of Andy’s from An- Ryan, and his sisters Denise, Crystal, Tracy believes that having cor- thony Wayne High, I just want to say that he Jessica, Stephanie, and Alexandria. Mr. will truly be missed. I was friends with Andy responded with Joe will make her stu- President, Sergeant Eckert was 24 only a short time, but he really touched my dents grow up to be better adults. I years old. life. He was thoughtful, caring and just a don’t think there is anyone who could Family and friends referred to Gary great person all around. I pray that his fam- disagree with that. as Andy, short for his middle name An- ily will be able to remember Andy through Nearly 1,000 people gathered inside drew. They will remember Andy most their memories and that his precious babies the Holy Family Church to pay their for his courage, compassion, and dedi- are taught what a special daddy they had for final respects to Joe. Standing at the cation to his family. He was loved by the short amount of time he was on this front of the church were the boys and earth. I would like to thank him for serving all. and protecting our country above and be- girls from Fishcreek Elementary. Andy graduated from Anthony yond what was expected of him. I am so Their teacher Tracy spoke at the fu- Wayne High School in 2000, where he proud to have known him. I will be praying neral. This is what she said: played on the basketball team during for his family. As we look into the faces of these boys and his freshman and sophomore years. Another of Andy’s friends, Tony girls, you’re looking at Joe Tomci, for he is Andy was a gifted athlete, someone for Stephans, wrote that he wears a Hero in their hearts, and they will carry him for- whom sports came easily. He was a Bracelet to honor his friend. This is ever. huge University of Michigan fan, but what he wrote: Also speaking at his funeral, Rev- would still spend afternoons cheering I cherish the moments I get to spend with erend Paul Rosing remembered Joe as on The Ohio State University Buckeyes people explaining the meaning behind my a true American hero. He said: with his friends. Hero Bracelet memorializing the life of He fits the image of a classic hero. He’s That must have been an interesting Andy. I proudly wear Andy’s bracelet each tall, good-looking, and strong. He wanted to time, particularly when Ohio played and every day as a constant reminder to my- be a Marine since he was a small child, and Michigan. self and everyone around me of the sacrifices

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.121 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11457 made by Andy and his family, as well as Joe said, ‘‘Nick was [just] an awesome the way around the school, symbolizing those like him, who stand in harms way so person. He was the nicest, friendliest, a wall of support for Nick and his fam- that each of us may enjoy [the] freedom and happiest kid you could ever know. He ily. liberties we have. I will always keep wouldn’t hurt a fly.’’ On an Internet tribute Web site, Tiphany, Myles, Marlee, and all of Andy’s Nick’s old health teacher from family in my thoughts and prayers and pray Nick graduated from Gahanna Lin- that time will help to heal the feeling of loss coln High School in 2003 and imme- Gahanna Lincoln, Linda Shannon, you have all endured. Andy is still a hero diately joined the Army that summer. wrote her sentiments about Nick. This and always will be. He didn’t wait. He simply knew what is what she wrote: Andy is also memorialized on the he wanted to do—and that was to serve. To the Messmer Family—I want to express As his brother, Joe, said, ‘‘He just went my deepest sympathy to your family on the Wall of Heroes at Fort Snelling in Min- loss of your son. We hope that the expression nesota. The memorial features the over there in [Iraq] to defend his coun- of honor and respect from the students at the etched faces of Army Reserve soldiers try.’’ high school as they lined the school’s perim- who have fallen while serving their And Nick’s father said, ‘‘Nick was eter will, in some way, help you know that country in Iraq. Andy’s wife attended the kind of soldier who makes this Nick’s service to this country is greatly ap- the unveiling of the memorial. During country great. He was just a great preciated. the occasion, she said that ‘‘my hus- kid.’’ Nick’s favorite color was orange. In band will always be honored. Every day Nancy Dawson, Nick’s high school his memory, utility poles along the I will honor him.’’ guidance counselor, said she wasn’t streets were decorated with orange Andy’s death has affected his entire surprised when Nick joined the Army. bows and his brothers placed orange community. Hundreds of mourners at- She said the following in remembrance roses on his casket. During calling tended his memorial service to pay of Nick: ‘‘I hope they remember his hours, his family members wore orange their respects. Family members carried heart, his enthusiasm for life, and just ties. Gerber daisies, a special flower to Andy the neat kid that he was.’’ At his funeral, Nick’s pastor, Rev- and his wife, to place on his coffin. People were just drawn to Nick. They erend Paul A. Noble, held back tears as Many attendees also wore pink, beloved his warm and friendly person- he remembered the young man who cause that had been Andy and ality. He was just an endearing, easy- gave his life for a cause he believed in. Tiphany’s color. Family friend Jackie going, nice guy. At Lincoln High, his ‘‘In the midst of sadness,’’ he said, ‘‘we Kidd-Lutzmann said the following death came as a great shock, and there are also filled with pride and thanks- about Andy: ‘‘He was the only guy who was a moment of silence in his mem- giving.’’ could wear pink and still looked ory. Nick will never be forgotten by the macho. He was a very, very special Nick had many friends who will miss community in which he grew up. Just last month, students at St. Matthew young man.’’ him dearly. Internet tribute web pages At his funeral, numerous photo- are filled with messages from those School in Gahanna honored Nick— graphs from Andy’s life were on dis- whose lives he impacted. One of his along with another fallen Marine from play, and a particularly touching one friends, Kendra Hardrick, wrote the Ohio, LCpl Ryan E. Miller. The school adorned the front cover of the program. following: installed a ‘‘peace pole’’ and held a memorial prayer service. Both fallen Ma- In it, Andy bends carefully over his Nick, I just wanted to tell you that I miss rines were St. Matthew church parish- daughter, Marlee, and together they you and all the crazy times we had together ioners. The pole has the word ‘‘peace’’ are walking off into the distance. when we were younger and use to sneak out. It is a beautiful picture. I miss the old group. I just wanted to say inscribed on it in English, Spanish, During the service, Andy’s wife re- that you’re my hero and always will be. Latin, Italian, German, and French. flected upon the love she and Andy had There is not a day that goes by that I don’t According to Principal Frances think of you. I wish you could be here, and shared. This is what she said: Michalec, there are 2,000 such poles we all miss you. throughout the world. I was going to write a letter, but I couldn’t Brianna Ruth is an 8th grader at St. find the words. But, Andy taught me that ac- While Nick had many, many friends, tions speak louder than words. The biggest the one person dearest to him was his Matthew. Reflecting upon the meaning action he ever showed me was love. Because fiance´e Mary. She remembers Nick as of the peace pole, she said that ‘‘it will God gave Andy to me, I know what it is to someone who was ‘‘wonderful, funny, be really nice for Nick and Ryan. Every be cherished. never angry and, always smiling.’’ She time you drive by, you can remember Andy Eckert was a courageous young said that he was very brave. I am very them and what they did for our coun- man—a model husband, father, son, proud of him. His family loved him. We try.’’ and brother. He will always be remem- all did. I would like to conclude my remarks bered. Mary remembers the last time she with a message left for Nick by his My wife Fran and I continue to keep talked with Nick and how excited he friend Nick Stephenson. He wrote the his family and friends in our thoughts was about serving his country. This, of following to his friend: and prayers. course, is simply the kind of person There will never be enough that I could say, no matter how hard I try to describe it, PRIVATE FIRST CLASS NICOLAS E. MESSMER Nick was—always optimistic, always bud. It’s like you’re now a missing link in Mr. President, I rise today to pay looking to the future. my life. A part of me has truly left with you, tribute to Army PFC Nicolas E. ‘‘We had so many plans,’’ Mary re- Nick. Although you have so honorably de- Messmer from Gahanna, OH, who was calls. She remembers how Nick some- parted from us to walk this cold world alone, killed when an explosive device deto- times wanted to buy a motorcycle, and I have gained so much from your passing. I nated near his military vehicle in Iraq sometimes wanted to buy a truck. ‘‘He remind myself daily of your awesome char- on May 8, 2005. He was just 20 years old. wanted to be a firefighter,’’ she said. acter and strive to look at life as you did— He is survived by his parents Richard ‘‘He wanted to be a cop. He wanted to with total satisfaction of living freely with a courageous attitude toward life. I honestly and Shirley Messmer, his four brothers have his own lawn-care service. He believe that you not only live on in my Richard, Joseph, Dustin, and Zachary, wanted to be so many things.’’ Al- heart, but your countrymen’s hearts, as well. his grandparents Ruth Ann Messmer, though we don’t know what else in life I salute you Nicolas E. Messmer, and look Martha and Clarence Lacey, and Don- he would have done, this much is cer- forward to that one fine day when I will see ald Divers, and his high school sweet- tain—Nick Messmer was a brave and you again. My prayers are with you, Nick. heart, to whom he was engaged to be dedicated Marine, who gave his all in My wife Fran and I continue to keep married, Mary Murphy. service to his country. the family of Army PFC Nicolas Nick—as family and friends called Those who knew Nick will never for- Messmer in our thoughts and in our him—grew up in a very close and lov- get him. Upon his death, hundreds of prayers. ing family. He was the middle child of friends, neighbors, and family members CORPORAL DANIEL FREEMAN five boys, and 1 of 70 grandchildren. gathered at a memorial ceremony to Mr. President, I rise today to pay Needless to say, he was extremely fam- pay their respects. From Gahanna Lin- tribute to an outstanding Ohioan— ily-oriented—and someone with whom coln High School, alone, hundreds of Army Cpl Daniel Freeman from Cin- it was easy to get along. As his brother students formed a line that wrapped all cinnati. He was killed in a helicopter

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.122 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11458 CONGRESSIONAL RECORD — SENATE December 7, 2006 crash on April 6, 2005, in Ghazni, Af- As a member of the Red Devils, Dan- I suggest the absence of a quorum. ghanistan. He was 20 years old. iel served four months in Iraq before The PRESIDING OFFICER (Mr. Aboard a CH–47 Chinook helicopter beginning his service in Afghanistan. ALLEN). The clerk will call the roll. with 14 other soldiers and three Amer- Daniel’s passion and enthusiasm for his The legislative clerk proceeded to ican contractors, Daniel was on a mis- work translated into much success. call the roll. sion to deliver mail and supplies to the Jack Kilbride, commander of the bat- Mr. DEWINE. Mr. President, I ask southern part of Afghanistan. He was talion’s headquarters company, recalls unanimous consent that the order for bringing crucial aid to an area plagued that ‘‘no matter how mundane, how the quorum call be rescinded. by violence and insurgency. The day of menial, or how difficult the task, Cor- The PRESIDING OFFICER. Without the crash marked the deadliest day for poral Freeman accomplished it with a objection, it is so ordered. the United States in Afghanistan since smile.’’ The Senator from Ohio is recognized. the fall of the Taliban. Daniel Freeman was selfless. He vol- Mr. DEWINE. I thank the Chair. And Daniel took his time getting to Ohio, unteered to replace one of the soldiers I thank the Chair for his patience. but it quickly became his home. Born who was supposed to be aboard that SERGEANT JUSTIN HOFFMAN in California, he then lived in Israel helicopter on the day that he died. Mr. President, I rise this evening to until he was 9 years old and his family Daniel’s comrade had been working pay tribute to a fellow Ohioan—Marine moved to Cincinnati. Daniel grew up without sleep and needed relief. Daniel Sgt Justin Hoffman from Delaware. On with a passion to serve in the mili- was there to give it. This is simply August 3, 2005, Sergeant Hoffman died tary—and he certainly had the family what he had always done. when a roadside bomb detonated under pedigree. Both his mother Rebecca and Friends and family remember Daniel his military vehicle in Iraq. He was his step-father Samuel had served in and celebrate his life. Staff members at serving with Lima Company, 3rd Bat- the military—she in the U.S. Air Force Sycamore High wore American flag talion, 25th Marine Regiment. Sergeant and he in the Israeli infantry. Samuel ties and U.S. Army lanyards to remem- Hoffman leaves his father Robert, remembers that ‘‘Daniel wanted to be ber Daniel. When he died, school offi- mother and step-father Carole and in the Army since he was 11 or 12 years cials at Sycamore lowered the flag to Chuck and younger brothers Tyler and old. You know how kids talk about it. halfstaff for Daniel, and the school ob- Travis. Justin was 27 year old at the But that was his main drive.’’ served a moment of silence before time of his death. Daniel was also committed to his classes began. Daniel’s picture is still Growing up, Justin’s father remem- faith. He was a member of the B’Nai displayed in a case that honors former bers that his son came to love motor- Tzedek congregation in Kenwood and students serving in the military. cycles, cars, and anything competitive. Daniel’s former English teacher, Liz attended Yavneh Day School. Daniel’s He was smart, funny, and dedicated. Gonda, captured the sentiments of so faith shaped his commitment to help- His friends and loved ones remember many, saying simply, ‘‘He knew what that he had one of the biggest hearts ing others. It made him who he was. he wanted to do in life. He made a dif- they had ever known. His smile and As a student at Sycamore High ference in the world by his presence laughter will always be remembered. School, Daniel jumped head first into a and will be greatly missed.’’ number of activities. He was a member Funeral services were held on April He was fun loving, but would also jump of the rock climbing club, explorers 20, 2005, in Cincinnati. Shiva was ob- to be there for anyone who needed him. club, and medics in training. He played served in his family’s home. Daniel’s Those who knew Justin remember soccer, enjoyed paintball, and had a mother planned on taking her son’s that he loved to talk about pretty part-time job busing tables at a local ashes to Israel, where they would be re- much anything—whether it was poli- restaurant. Friends describe him as turned to the earth for all time. Addi- tics, cars, women, or his personal dedi- caring, sensitive, driven, and funny. As tionally, a memorial fund has been set cation to serving his country. And that his high school counselor, Dr. Maria up in Daniel’s name, as his family has is something that everyone remembers Sarasua said, ‘‘He was just a remark- said, ‘‘we want to celebrate his life about Justin Hoffman—he was always able, easygoing [person]. He loved the more than mourn it.’’ proud to be serving our Nation in the outdoors, and he saw himself in a job Daniel’s mother was kind enough to Marines Corps. being outdoors.’’ Daniel’s step-father share with me one of her email ex- Justin graduated from Worthington added, ‘‘He liked music and the changes with her son as he arrived in Christian High School in 1995 and then PlayStation. He was a teenager like Afghanistan in February. In his email, attended the Ohio State University. any other teenager.’’ Daniel talked about some of the les- Before his junior year of college, he But for all his normal teenage pur- sons he had learned in the Army and had joined the Marine Reserves. suits, Daniel still stood out. As his how much he had grown. This is what Justin’s father had also served in the high school principal recalled: he wrote: Marines and remembers how proud he I would characterize him as sort of an ad- I’ve learned that my mind can be my [ally] was of his son’s decision. venturous kind of a kid, and he had a passion as well as my enemy, and I’m constantly Justin’s mother Carole recalls that for helping people. Early on, even as a jun- fighting it . . . you’ll be amazed at how your he joined the Marines not only because ior, he had plans to involve himself in the mind will set limits, but how far your body he wanted to follow family tradition, military. It takes a special 18-year-old to will go. but because he had ‘‘wanted some dis- sign up in these times. Daniel goes on to explain to his cipline in his life.’’ She said that she Daniel’s step-father further explained mother his reasons for serving: saw a change in Justin after he com- Daniels desire to serve. This is what he We don’t fight for glory, we fight for those pleted his military training as a ma- said: men, whom we’ve bonded with, spent count- rine sharpshooter. The main thing with my son is that he’s al- less hours with, and suffered with. I fight for ‘‘He was a good Marine,’’ she said. ways had a strong sense of fairness and what them, for their wives, for their parents. My After graduating from Ohio State, is right and good. He truly believed in serv- biggest fear is not my death, it’s the death of Justin began working with information those whose parents and wives I’ll have to ing his country and thought everybody systems at Cardinal Health Center in should do it to give back in some way. see suffer. That’s why I fight, that’s what makes me a soldier, that’s why I don’t ques- Columbus. His dad recalls that his Daniel took advantage of an Army tion why I go to war. I accept it, clear my son’s intelligence qualified him for the program that allowed him to enlist a head, and get my priorities straight. I want job, but that he was also big and strong year before he finished high school. you to know that I love you and will see you and needed an outlet for his excess en- After graduating from Sycamore High in a year from now. ergy. Karen DePoy worked with Justin in 2003, he immediately began basic Daniel Freeman was a very insight- at Cardinal Health Center and remem- training. He went through airborne ful, thoughtful young man. He under- bers how smart he was. She wrote the school at Fort Benning, GA, and was stood the simple, but powerful truths following message on an Internet trib- assigned to the Red Devils—the 173rd of love and service to others. He will ute Web site: Airborne Brigade’s 1st Battalion, 508th never be forgotten. It seems like just yesterday that I was get- Infantry Regiment, stationed at Camp My wife Fran and I keep all of Dan- ting this super sharp intern to work with. Ederle, Italy. iel’s family and friends in our prayers. What a terrific young kid, I thought, as we

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.124 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11459 discussed everything from personal invest- were at home. ‘‘Justin loved Eagle who could get away with this because he was ments to keeping the faith during rough Pizza and wanted to hear about the truly my second son. He wasn’t like any of times. tree that needed uprooting in the us. He was so exceptional. Josh Busic also worked with Justin. yard,’’ she said. ‘‘Justin just spoke the After enlisting in 2005, Bryan quickly This is what he wrote about his friend: truth.’’ made friends among his fellow marines. He was one of the reasons I looked forward Justin’s father remembers the last PVT Adam Michaels met Bryan during to coming into work every day. There was conversation he had with his son. It their training and shared this story never a boring day with him at work. Wheth- was after Justin’s close friend—fellow about him: er it was one of his stories of someone he Ohio Marine Cpl Andre Williams—had Bryan was a great guy, and we had a lot of raced in his car, some [silly] clip on the good times. I hung out with him before he Internet he wanted all of us to see, some ar- been killed in Iraq. Justin reassured left [for Iraq], and he always had a great gument on politics (there were a lot of those) his father that there was nothing he presence. I remember watching Bengals . . . him telling a story about one his broth- needed, and then said good-bye with games with him even though I am a huge ers (whom he talked about quite a bit), or the following words: I love you, Dad. Packers fan! He was as great as they come. just him ragging on us about something that Mr. President, Marine Sgt Justin only he would think of—Justin was a good Hoffman lived a life that was honorable Bryan lived life fully and left a last- friend and my only regret is that I didn’t and heroic. He was a devoted son, ing impression on his friends, family, know him longer than I did. brother, and boyfriend. Everyday, he is and community. After his death, More than anything, Justin was a dearly missed by his family, friends, Miami Township named the football dedicated person. He was dedicated to and loved ones. field at Miami Meadows Park, where his family, his job, and his marines. My wife Fran and I will continue to Bryan used to played Pee Wee football, After 7 years of serving in the Re- keep his family in our thoughts and in in his honor. serves, he re-enlisted in 2004. His moth- our prayers. Additionally, Clermont County held er remembers that Justin’s reason for LANCE CORPORAL BRYAN N. TAYLOR a ‘‘Celebration of Life’’ in tribute to re-enlisting was because of the men he Mr. President, this evening, I rise to Bryan. This celebration included a bal- trained with. ‘‘He wanted to be their pay tribute to a brave marine from loon launch of 60 red, white, and blue leader,’’ she said. Milford, OH. LCpl Bryan Taylor, who balloons, each filled with a note from Justin brother Tyler echoed these was killed in Iraq on April 6, 2006, after Bryan’s family and friends. Bryan’s sentiments, when he said that ‘‘Justin he had been there for just 5 weeks. family also received an outpouring of told me that he couldn’t let them—[his Bryan is survived by his parents Rick support from many other families of Marines]—go alone because he loved and Sherri Taylor, and his younger fallen servicemembers, which has his men so much. He considered his brother Matthew. He was just 20 years meant so very much to them. whole squad to be brothers. old at the time of his death. In talking about the loss of service- Justin loved his fellow marines, and A 2004 graduate of Milford High members, GEN George S. Patton—who he loved his family. He was exception- School, Bryan had a strong interest in I know is a favorite of the Presiding Of- ally close to his brothers, Tyler and computers and technology. He also at- ficer—once said that we should not Travis. Their parents would never let tended Live Oaks Career Development mourn those who die on the field of them fight while growing up, and Tyler Center, where he studied computer-as- battle. ‘‘Rather,’’ he said, ‘‘we should remembers how protective Justin was sisted drafting during his last 2 years thank God that such men lived.’’ of him. In Tyler words, Justin was a of high school. According to those close Indeed, Mr. President, while we great brother, and more than that, he to him, Bryan ‘‘knew no strangers and mourn, we do thank God that Bryan was a great friend. had no enemies.’’ One of his favorite Taylor lived. He was a good son, broth- Justin’s brother Travis remembers things to do was simply sit around and er, friend, and marine. Everyone who that the three of them were ‘‘insepa- talk about good memories with his knew him loved him. rable.’’ Justin was the best man in his friends. In December 2005, Bryan visited his wedding. It is a memory he will always While reflecting on their memories of old high school dressed in his marine cherish. He remembers that his brother Bryan, his friends stressed his unceas- uniform. He came to say goodbye to his could always make him laugh. ing loyalty. Bryan’s friend John Legleu former teachers before leaving to serve During his 27 years, Justin had also said that ‘‘people who didn’t even know in Iraq. According to those at the high found the love of his life—his Bryan that well are calling to tell me school, he was very proud to be a ma- girlfriend, Teri Price. The two planned what he meant to them. He had a way rine and visited frequently to keep in to get married one day, and Teri re- of finding things in common, and he al- touch with his favorite teachers. Mil- members that Justin would tease her ways found the good in people.’’ ford High School Assistant Principal about proposing as soon as he stepped Friend Stacey Flick, added: Mark Lutz shared the following story off the plane on his way back from about his final visit with Bryan: Iraq. Bryan strived to make sure he was there for his friends no matter what. Bryan had a young person’s bravado. . . . Teri recalls how much she loved In fact, friends say it was the cama- Bryan was an excellent young man. He was Justin’s smile and how ‘‘he could al- always looking for a new challenge. . . . I ways make me laugh and [how] he was raderie of the Marine Corps that led think the Marines gave him a sense of direc- always joking. I loved him more than Bryan to enlist. tion. As his friend James Wallace said: anything.’’ Assistant Principal Lutz also remem- Teri—who knew Justin as ‘‘Fen,’’ Bryan was pretty much everything you bers the pride with which Bryan want in a friend. . . . He had such a big influ- short for his middle name of Fenton— served. This is what he said: left him the following message on the ence on the people he knew. Those who knew Bryan also remem- Bryan was very proud of his decision to Internet tribute website: serve in the Marines, which he credited with Fen, there aren’t words deep enough to ex- ber his compassion and his willingness giving him direction and helping him become press how I feel about you. I love you more to listen. As his friend John said: an adult. He was looking forward to return- than anything and was looking forward to I would always seek advice from [Bryan]. ing to his unit to prepare for his tour of duty spending the rest of our lives together. You Even though I was older, I would always get in Iraq. are the most generous, selfless, kind, amaz- his opinion. He was mature beyond his years. In describing his role in the military, ing, funny, thoughtful person I know. I am so Bruce Wallace, the father of Bryan’s Bryan, himself, wrote the following proud of you, and I am honored to have been best friend James, shared the following a part of your life. You made every day a paragraph shortly before he died: happier day. story about Bryan. This is what he I am a Marine. . . . I am proud of what I do said: Family was so important to Justin. and to serve the country that I do. We are While in Iraq, he always kept in con- I’d come home from work and Bryan would here for you and your families. We are the be sitting in the living room, watching TV ones who are willing to give our lives to tact with his mother. He would e-mail, alone, waiting for Jamie. I’d ask him if he make your life easier and safer. . . . I have write, and call on a regular basis. His was hungry. He’d say, ‘No, I already ate,’ and seen a lot of good men lose their lives be- mom Carole remembers how Justin al- I’d go into the kitchen and see an empty ce- cause of what our beliefs are. I honor these ways wanted to hear about how things real bowl in the sink! He was the only person men every day.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.125 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11460 CONGRESSIONAL RECORD — SENATE December 7, 2006 Indeed, Mr. President, we all must while on a 2-week leave. It was a time Ever since he was a small boy, honor these brave souls—and Marine in which many memories were made. Dusty—as he was known by family and LCpl Bryan Taylor is one of them. He ‘‘We spent time in Panama City, went friends—knew that he wanted to serve will be remembered as a wonderful to a Braves game in Atlanta, and had his country and help his fellow citi- young man, a loyal friend, and a proud fun at Whitewater,’’ Kim remembers. zens. While attending Wayne High marine. My wife Fran and I continue to ‘‘It was a great time to be together— School, he enrolled in the school’s Jun- keep his family in our thoughts and in just the family.’’ ior ROTC program. our prayers. Kim remembers that her husband Initially, Dusty wanted to be a pilot STAFF SERGEANT JASON A. BENFORD was a calm, even-tempered man who in the Air Force. However, he came Mr. President, this evening, I rise to did not easily lose his cool. ‘‘He’s al- home one day and told his mother that honor the life of Army SSG Jason A. ways been a special, special person, so he instead wanted to be a marine. At Benford from Toledo, OH. On Sep- even-toned,’’ she said. ‘‘He’d handle all such a young age, Dusty knew exactly tember 27, 2005, SSG Benford died when types of situations and not even break what he wanted to do. He was deter- insurgents attacked his patrol with a sweat. That was one of the things we mined and took steps to pursue his small-arms fire in Ramadi, Iraq. He appreciated so much, [and] I know the dream. was 30 years of age at the time. soldiers did too.’’ Dusty simply loved ROTC. ‘‘He gave Staff Sergeant Benford was a devoted Those who served with Jason also re- his all,’’ his mother recalled. ‘‘He en- family man—the husband of Kimberly member his calm demeanor and his op- joyed it so much and took it very seri- and the father of two young sons, Lane timistic nature. CPT Brian Mehan left ously.’’ Dusty participated in the Jun- and Jacob. He is also survived by his his friend the following message on an ior ROTC program for 3 years. parents George and Linda Benford, his Internet tribute website in memory of During this time, Dusty made many sisters Kimberly and Lori, his brother Jason: friends. The other young students in John, his grandparents Robert and Staff Sergeant Benford and I served to- Junior ROTC respected him and en- Deloris, and numerous nieces and neph- gether. His levity and friendly demeanor joyed his company. They found him to ews. made even the hard times more bearable. be sincere person—someone with a Jason truly was an excellent service- The world will be a lesser place without him. good sense of humor. One of Dusty’s man—the epitome of what a profes- Those who knew Jason have rallied many friends, Brenna Downs, wrote the sional soldier should be. He was also a around his family in support. Stacey following in a posting on an Internet man who cared deeply for family and Jarzeboski, from Toledo, left his par- tribute to Dusty: friends. His personal integrity and his ents and family the following message When I heard about what happened to devotion to duty were unmatched, and on that Internet tribute website: Dusty, I was immediately taken back to jun- he consistently set high standards for I am so sorry to hear of your loss. My sis- ior high and early high school, when he used himself. ters (Becky & Kim) and I were childhood to hang out with all of us. He definitely Jason was born on June 8, 1975. A 1993 friends of John and Jason. I can remember stood out in our group with his sense of graduate of Bowsher High School, he how full of life [they] were together. I’m humor. He was genuine. Years after I knew attended the University of Toledo be- sorry that he was taken from you. him, I still remember how he made us all Nothing was more important to laugh. He was a good guy and will be remem- fore enlisting in the Army in 1994. He bered and missed by his old friends. originally enlisted for 3 years, as a Jason than his family, and he talked to Dusty and his friends enjoyed base- ‘‘learning and growing’’ experience. Kim as often as possible while in Iraq. ball, basketball and wrestling while But it turned out that the Army was According the Kim, they sent instant they were in high school. Dusty’s Jason’s true calling, and he re-enlisted messages to each other twice a day and friends were drawn to him for the same once his initial service was complete. talked on the phone regularly while he reasons his peers at Junior ROTC were According to his step-mother, Jason was stationed there. After he was sent was planning to make the Army his ca- to Ramadi, however, Jason was only drawn to him. His mother said that reer. able to call once—the day before he Dusty ‘‘was very adventurous. [He had After graduating from Basic and Ad- died. a] wonderful sense of humor. [He was] vanced Individual Training, Jason Jason was completing his second tour easy-going. He never had an enemy.’’ served in the Republic of Korea before of duty in Iraq when he was killed. His In addition to sports, Dusty was being assigned to Fort Benning, GA, service to our Nation earned him more crazy for cars. ‘‘When Dustin wasn’t where he served as team leader and medals than I can name here, but they fighting in wars, he loved souping up senior gunner. In Georgia, Jason found include the Bronze Star Medal, the cars,’’ his mother recalled. In high more to keep him busy than simply Purple Heart, the Army Commendation school, Dustin fixed up a 1996 Dodge being an excellent soldier. It was at Medal, (1 Oak Leaf Cluster), and the Stratus, outfitting it with racing tires this time that he met and married Army Achievement Medal, (6 Oak Leaf and a spoiler. And just 4 months before Kimberly, the love of his life, whose Clusters). he entered the Marines, he bought his hometown was near Fort Benning. Mr. President and Members of the dream car—a 1997 Mitsubishi Eclipse. ‘‘My mother had told me not to date Senate, Army SSG Jason Benford was He spent hours fixing it up. While he soldiers,’’ Kim remembers. ‘‘But I did— devoted both to the Army and to his was stationed in the Middle East, and I married him.’’ Shortly after country. But most importantly, Jason Dusty would ask his mother to buy car being married in January 1998, Jason was a loving husband, father, and son— accessories so he would have them was transferred to Vilseck, Germany, someone for whom family came first. when he got home. where he and Kim remained for 3 years He loved simply spending time with his After graduating from Wayne High before returning to Georgia. family, and sharing his love of sports School in 2000, Dusty began taking Jason loved his wife dearly, but he with his two sons. steps to fulfill his dream of becoming a also loved his Ohio State University Mr. President, my wife Fran and I marine. When he left for boot camp, his football, and on January 3, 2003, which will continue to keep Jason and his family was extraordinarily proud of was both his wedding anniversary and family in our thoughts and in our pray- him. Melody said of her son, ‘‘Dusty the night of the Buckeyes’ legendary ers. was proud, too. You [could] look into NCAA championship game against LANCE CORPORAL DUSTIN ROBERT FITZGERALD his eyes and see his pride.’’ Miami, he had to make a choice. The Mr. President, I rise tonight to pay After boot camp, Dusty’s life moved decision, however, was easy. Lucky for tribute to Marine LCpl Dustin Robert quickly. He was assigned to Battalion him, Kim ate quickly, and the game Fitzgerald from Huber Heights, OH. On Landing Team 1–2 with the 24th Marine went into overtime. ‘‘He took me out August 18, 2004, Lance Corporal Fitz- Expeditionary Unit out of Camp to dinner,’’ Kim laughed, ‘‘but he was gerald was killed in a vehicle accident Lejeune, NC. In January 2003, Dusty looking at his watch the whole time. in the Al Anbar Province of Iraq. He and his unit headed overseas on the He lived in Georgia, but he was always was 22 years old. He is survived by his U.S.S. Gunston Hall. His family missed a Buckeye.’’ parents Michael and Melody Fitz- him tremendously, but they knew he In July 2005, Jason was able to spend gerald, and his brothers Brandon and was doing the right thing—that he was Independence Day with his family Shannon. doing what he believed in.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.126 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11461 Dusty was dearly loved and respected on September 11, 2001. The attacks had and pursued his dreams with a smile on by all. SSG B. Coomer said that being a profound impact on James and com- his face. In a written statement, his a marine was in Dustin’s blood even be- pelled him to enlist in the Army. He family spoke of this compassion and fore he enlisted. He left Dustin’s family had a strong desire to help prevent desire to help those around him. This is the following message on the Internet other such attacks from happening on what they wrote: tribute Web site: our homeland. By becoming a medic in [James] had a very strong faith in God and I am terribly sorry to hear about Dusty. the Army, he was able to both honor a very strong love of country. James lived We graduated the same year, and we were in his father and serve our Nation. life to the fullest, raising his son and being Sea Cadets together. At the time, I was the James was born in Fargo, ND, on a wonderful son, himself. Pursuing his Cadet leader when I met him. He was a Ma- March 30, 1982. He moved to Alaska dreams took him to the Army, where he rine long before he entered Marine basic when he was 7 and attended middle learned to save lives and truly believed he training. school and high school in the city of was making a difference. His beautiful smile I know that he was one of the most well and endearing personality brightened any disciplined cadets in our unit. He always lis- North Pole. Those who knew James de- day, and . . . he was a beacon of light and will tened very well and took whatever task we scribe him as a very focused student, forever be remembered and loved. had to accomplish very seriously whether it who had a great work ethic. MAJ Jim While on leave, James was active in was Kung Fu training, drill, or running the Alonzo, who guided James through his the Mustang Club in Colorado, an orga- obstacle course. He loved the movie, ‘Full high school Junior Reserve Officers’ nization devoted to the preservation Metal Jacket’ and often, we would joke Training Corps program, called him ‘‘a around with him telling him that he looked and appreciation of Mustang cars. shining star’’ who was ‘‘always there.’’ James not only appreciated classic like the main character. He would quietly These were the very words Major cars, he loved to race them. laugh and [imitate that] character. Alonzo used when recommending I am thankful to have known him and to It was through racing that James James for an internship with the Na- have served with him. As I have said, he was met many friends, including Brandy tional Park Service after James’s soph- a Marine long before he ever entered basic from Colorado. According to Brandy, omore year of high school. Although training, and he will never be forgotten as a racing on the track simply isn’t the friend, Marine, and fellow Sea Cadet. the Park Service told Major Alonzo same without James. She wrote the that they normally didn’t hire interns During a memorial service in Dusty’s following on an Internet tribute Web as young as James, he was selected and honor, family, friends and neighbors all site in James’s memory: gathered to pay their respects. They spent the summers after his sophomore He was one of the greatest people I’ve ever released blue balloons in his honor. and junior years of high school working at Yellowstone National Park. This met. I’m sorry for all those who didn’t have Dusty be remembered by everyone he a chance to meet him. He brought so much met. Christina Benn, who met Dusty in is the kind of impressive young man he to everyone he met. It was just amazing to North Carolina, recalls her first meet- was. see someone with that much compassion and ing with him. This is what she said: While serving in the ROTC program heart. My daughters Alyssa and Lauren and I rein high school, James met Brandy Also posted on that same Internet side in Greenville, North Carolina, where I Kusinski. He fell in love. After grad- tribute website, is a message from had the pleasure of meeting . . . Dustin. He uating from North Pole High School in Vicki Gleisner, whom James knew as was a very loving and compassionate Marine, 2000, James joined Brandy, then his ‘‘Aunt Vicki.’’ This is what she wrote: who came into our lives and brought us hap- fiance´e, at Cleveland State University. piness. Our hearts go out to the Fitzgerald The two were married on October 13, From the first day I met James, I knew he family for life. We will keep you and your was a very confident, gentle young man. 2002, and they celebrated the birth of Even though I think he was only 5 at the precious loving son in our prayers, and may their son Trevor 2 years later. God help guide you through these trying time, he wasn’t a little boy. He was always times. James felt a strong bond with chil- protecting his mom. I guess that when he dren, both here at home and in Iraq. was satisfied that his mom was taken care The world is a better place since Ma- According to his mother, James’s son of, he decided to take care of the rest of us. rine LCpl Dustin Fitzgerald has been in Trevor ‘‘was the light of his life.’’ James always had a very respectful way it. He had a glowing smile, a fine sense Donna said that her son ‘‘hoped some- about him, and he always made me feel im- of humor, a big heart, and a tremen- day the country would be safe for his portant. Thank you for letting me be a part of your life, James, and for leaving your dous sense of dedication to his family, son and all people’s [children].’’ community, and country. smile in my heart, so I can remember your This caring nature was evident in gentleness. My wife Fran and I continue to keep James’s work at the 10th Combat Sup- James was a young man who truly Dustin’s family in our thoughts and in port Hospital in Baghdad, where he understood the importance of service our prayers. treated children who had been shot. His to others—his family, his friends, and SERGEANT JAMES WORSTER mother Donna said, ‘‘He was glad he our Nation. He was a devoted husband, Mr. President, I rise tonight to re- was there for them, and he was glad he father, son, and brother. His life was member a fallen servicemember—SGT was there for his soldiers.’’ James Worster, from Broadview James’s work with soldiers and civil- one filled with, and he made a positive Heights, OH. Sergeant Worster was ians, especially children, served as impact on everyone whom he met. My serving as a medic with the Army’s practice for what he hoped would be a wife Fran and I will continue to keep 10th Command Support Hospital in medical career when he returned from SGT James Worster’s family and Baghdad, when he died of cardiac ar- Iraq. In Iraq, he performed a range of friends in our thoughts and prayers. rest on September 18, 2006. He is sur- procedures that would prepare him pro- CAPTAIN TYLER SWISHER vived by his wife Brandy, his young son cedures ranging from setting bones to Mr. President, I rise tonight to honor Trevor, his mother and stepfather even delivering babies. and to remember a fellow Ohioan—Ma- Donna and Burleigh Thornton, his Those who met James were always rine Captain Tyler B. Swisher from brothers Jack and Josh, and his sister impressed by his compassion and con- Cincinnati, OH. On October 21, 2005, Joy. He was just 24 years old. sideration. Cesar Gonzalez served in CPT Swisher was killed when his vehi- James Worster was a dedicated and the 10th Combat Support Hospital cle was struck by an improvised explo- compassionate young man who re- alongside James. According to Cesar, sive device while conducting combat sponded to a pair of tragic events by James was one of the kindest persons operations against enemy forces in finding a way to serve his country and in the hospital. He said that James Iraq. He was 35 years-old. help those in need. After his father would always ask him how he was Tyler was the type of person who Richard died from a medical condition doing and that he would always put the simply never gave up. He always in 2000, James was inspired to become a needs of others above his own. As sought out new challenges. At the time doctor. He simply decided that he James’s mother said, he just ‘‘loved of his death, he was serving his third wanted to help others. people, and he [in turn] was loved by a tour of duty in Iraq—and was looking One year later, James was studying lot of people.’’ forward to serving two more. This is at Cleveland State University when the James’s family remembers him as typical of his dedication and deter- terrorists attacked the United States someone who cared deeply about others mination to succeed.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.128 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11462 CONGRESSIONAL RECORD — SENATE December 7, 2006 In high school, Tyler proved himself dressed the following words to his HONORING SENATORIAL SERVICE academically, by spending hours study- friend: BILL FRIST ing his books and lessons. His hard I remember sitting in the [movie theater], Mr. HATCH. Mr. President, it is with work paid off, when he made the honor watching ‘The Empire Strikes Back’ all day great pleasure that today I honor our roll during his senior year—an accom- long. You were always there for me more distinguished majority leader, Senator plishment for which he was very proud. than I was there for you. I could count on you to tell me right from wrong. I could BILL FRIST. After serving with BILL for After high school, Tyler went on to count on you to stick up for me, and you the last 12 years, I have come to know Butler University, where he graduated taught me to stick up for myself. I’ve always that he is a fine leader, an accom- with a degree in biology in 1993. looked up to you and can’t begin to say how plished physician and a wonderful per- And then, Tyler set his sights on the proud I am of you. You made the ultimate son. He is a man of compassion and Marines. A longtime friend of the sacrifice for your country, and you are truly conviction who has served our Country Swisher family, Jack Buckholz, re- a hero. I am lucky and blessed you were part and this body well. members that Tyler attacked the chal- of my life. It is only fitting that the majority lenges of boot camp with the same fe- Tyler’s fellow Marines in Iraq felt the leader of the U.S. Senate be a person rocity and determination that he had same respect and admiration for Tyler who has dedicated his life to serving displayed with everything he did. He as his family and friends did back others. spent 6 months training on his own to home. Doug Miorandi from Phoenix, We all know of BILL’s remarkable make sure he was prepared. He ran sev- AZ, expressed his respect for his friend service to people around the world as a eral miles a day and worked construc- and fellow serviceman on an Internet transplant surgeon for over 20 years. tion to strengthen his muscles. ‘‘He tribute Web site. This is what he wrote: We have applauded him on several oc- had a rope that he would climb every I was fortunate enough to have served with casions as he has embarked on pilgrim- day,’’ Jack Buchholz remembers. Tyler and feel honored to call him my friend. ages to help bring needed medical ex- ‘‘After that, boot camp was not so bad Tyler and I were roommates for over two pertise to impoverished countries. We [at all].’’ years, serving at both Marine Barracks have seen him fight to secure over $15 Washington, D.C., and the Presidential Re- Tyler entered the Marines as an en- treat at Camp David. From being a ‘spit and billion in Federal funding to fight the listed man and then worked his way up polished’ Presidential Security Guard to a spread of HIV/AIDS in Africa. We have to Officer’s Commission in 1997 and hard charging Marine grunt, Tyler epito- marveled at his dedication to serving eventually became on to being a com- mized the word ‘Marine.’ I’ll never forget our the people of Tennessee. And time and pany commander for the 2nd Battalion, time together, and I feel fortunate to have again, we have witnessed him here on 2nd Marine Regiment, based in Camp been a part of your life. the floor of the U.S. Senate in the mid- Lejeune, NC. When he died in Iraq, 200 CPT Tyler Swisher was buried a hero dle of the night conducting the people’s Marines were under his command. at Arlington National Cemetery, and I business and ensuring the legacy of the Tyler died doing what all Marine officers am honored that I had the opportunity Senate continues in the most profes- aspire to do—[and that is] lead Marines in to attend the funeral services in Ohio sional manner. combat,’’ said Captain Gary McCullar, one of for this fine marine. The streets were I hope everyone understands what a Tyler’s best friends. ‘‘Tyler never faltered. lined with family, friends and fellow sacrifice it is to take on leadership du- Tyler did it right. servicemen and women who had come ties here in Washington. The Federal Tyler sought out challenges that to honor him. Everyone I spoke to that Government never sleeps. When elected most people would shy away from— sunny November day had the same representatives come to Washington, challenges like training for mountain thing to say—Tyler Swisher had loved they bring with them the hopes, warfare in Korea, which involved steep being a marine, and he loved what he dreams, and aspirations of each one of climbing, rocky slopes, and living out- was doing. their constituents. Those who take this doors in harsh elements. ‘‘It was miser- I would like to conclude with the responsibility seriously spend every able,’’ Captain McCullar remembered. words of Tyler’s dear friend, CPT Gary waking moment addressing concerns ‘‘[And,] he loved it.’’ McCullar, who was Tyler’s military es- and working for the people they rep- Tyler always pushed himself beyond cort on his final journey home. In a let- resent. That is quite a responsibility to all expectations and always gave his ter to the Cincinnati Post thanking the bear. When you add to that responsi- best—whether it was for himself, his community and citizens for the respect bility the duties of being a leader and school, or his country. and honor they showed to Tyler and his looking out for the interests of those Tyler was a dedicated and hard-work- family, he wrote the following: you lead, the duties are immense and ing Marine, but he was also a selfless Captain Swisher epitomized the meaning the sleepless nights really start to person, who always placed the needs of of the Marines. He was a leader, he was mount. I, for one, am grateful for family, friends, Marines, and Nation tough, he was the best that this country has BILL’s exemplary service and willing- above his own. But, most important to to offer, but most importantly he was a man ness to spend his life looking out for him were his wife Stephanie and their who loved his wife and children and enjoyed the interests of others. spending every minute he could with them. three children: Ashleigh, Madison, and Over the last 4 years, as BILL has Captain Swisher was also the best friend I Jacob. Stephanie’s brother Peter been majority leader, I have had sev- Lynch remembers that Tyler was a de- ever had. I am very proud of how the City honored my friend. eral occasions to seek him out and ask voted father and a committed husband. Indeed the world is a better place be- for his advice and counsel. In every in- For Stephanie, he was consistently a stance, he has made himself available. source of strength. No matter how bad cause of Tyler Swisher. My wife Fran and I will continue to keep his family— There have been times when I have a day she was having, he was always been working on issues of great impor- able to get a burst of laughter out of his wife Stephanie and their three children Ashleigh, Madison, and Jacob, his tance to the citizens of Utah until 1, 2, her. or even 3 in the morning and, even And Tyler’s daughter Ashleigh left parents David and Mary Beth Swisher, and his siblings John and Sara—in our though the items we were working on him the following message on an Inter- did not impact BILL or his constitu- net tribute Web site: thoughts and in our prayers. I thank the Chair very much this ents, he and his staff were gracious Tyler Swisher, my Dad, was an amazing evening. I yield the floor and suggest enough to stay up and work with me. man. He was more than a Dad to me . . . he For that I am grateful. was my hero. He gave me the strength to the absence of a quorum. As a highly trained physician, BILL face many hardships in my life, and he was The PRESIDING OFFICER. The always there for me. He was the best father clerk will call the roll. has changed the way the Senate ap- anybody could ask for. He’s my inspiration The legislative clerk proceeded to proaches health care policy. As a mem- everyday to live life. . . . I will never stop call the roll. ber of the Senate Health, Education, missing him. I’m so proud of you Daddy, Mr. DEWINE. Mr. President, I ask Labor, and Pensions Committee and thanks so much for being my hero, and pro- unanimous consent that the order for the Senate Finance Committee, two tecting us all. With love, Ashleigh. the quorum call be rescinded. committees with jurisdiction over Todd Smith was one of Tyler’s boy- The PRESIDING OFFICER. Without health care issues, BILL has used his in- hood buddies. At Tyler’s funeral, he ad- objection, it is so ordered. sight and training to shape and move

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.130 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11463 legislation which greatly improves the colleague MARK DAYTON, the Senator SENATOR DAYTON health of Americans and the health from Minnesota, for his distinguished Mr. CONRAD. Mr. President, today I care system in general. His skill as a service in the Senate and for his com- wish to pay tribute to a retiring col- physician has greatly improved the mitment to helping our country live up league, Senator DAYTON of Minnesota. knowledge of this body and has made to its highest ideals at home and MARK DAYTON has made a career of the lives of countless people better. abroad. public service, in the very best sense of Tennessee’s storied history of capa- MARK’s life has been about service to the term. After graduating from col- ble Senators is long and includes such others. Whether as a teacher in the lege, he taught public school in New names as Andrew Jackson, Andrew bowery of New York, a counselor to York City and served as a counselor to Johnson, Howard Baker, and, my good troubled teens in Boston, an aide to teenage runaways before returning to friend, Fred Thompson. These men rep- our beloved Fritz Mondale, or State Minnesota. For 20 years, he served in a resented the best of what America has economic development leader working variety of positions in State govern- to offer, and BILL FRIST has done much to bring quality jobs to his constitu- ment in Minnesota, from commissioner to add to this great legacy. As major- ents, or a Senator, MARK DAYTON has of Economic Development to State ity leader, BILL has shepherded consistently answered the call of public auditor. through some very important legisla- service throughout his long and out- In the Senate, MARK DAYTON has tion, including the Medicare prescrip- standing career. been an independent voice in the tradition drug benefit legislation, scores He has been a champion of the right tion of our former colleague, Paul and scores of tax cut legislation for the to quality and affordable health care Wellstone. He eschewed political expe- American people, legislation to reduce for all Americans, and I know how frus- diency and instead relied on his con- health care disparities among races, trated he has often been by our inabil- science in making important decisions. legislation to make health care more ity to make greater progress on this For example, he agonized over his vote affordable and accessible, legislation to critical domestic issue. Sadly, it will on the Iraq war, before ultimately de- bolster America’s defenses against bio- be harder to get there without him, but ciding to join the small minority of terrorism, legislation to reduce child- I am optimistic that we will still be Senators who voted against it. hood obesity, legislation to prevent able to accomplish it, and I have no I have worked most closely with childhood vaccine shortages, and legis- doubt that MARK will continue with his MARK on agriculture and other issues lation fighting drug abuse. commitment and compassion to help affecting rural Americans. Trhoughout BILL’s willingness to support Federal lead the charge from outside the Sen- his Senate service, he has been a strong funding for stem cell research this year ate. and consistent voice on behalf of fam- made a huge difference in the national As a Senator, he had an indispensable ily farmers. He has helped lead the debate. I truly appreciated BILL’s sup- role in our effort to expand the avail- fight for much needed disaster relief. port earlier this year to pass legisla- ability of prescription drugs. His heart He has opposed misguided cuts to com- tion that would make more embryonic went out to the senior citizens in Min- modity and conservation programs. stem cell lines available for Federal nesota whose only hope to afford the And he has been a leader in calling for funding. Stem cell research is one of drugs they desperately needed was to a significant expansion of ethanol and the most important issues we face cross the border into Canada. Fortu- other renewable fuels that can benefit today. Stem cell research gives hope to nately, in its effort to build a legal our rural economies and reduce our de- millions of people who have none. More fence to keep them out, the drug indus- pendence on foreign oil. than 100 million Americans suffer from try more than met its match in Sen- Senator DAYTON has also been a heart disease, cancer, diabetes, Alz- ator MARK DAYTON. Even my constitu- strong voice on behalf of our troops heimer’s, Parkinson’s, multiple scle- ents in Massachusetts loved MARK, as and their families at home. He has rosis, and so many other life-threat- they boarded buses from Boston to called for better armor and equipment. ening and life-debilitating diseases. Minnesota to catch the lifesaving bus He has insisted on better care for vet- Thanks to BILL’s support, on July 18 of to Canada and get their medicine. erans. And he spearheaded efforts to this year, the Senate passed H.R. 810, MARK also has had the courage to ensure that soldiers on leave could get the Stem Cell Research Enhancement stand against the administration when all the way home to visit their loved it launched the tragic and misguided Act, by a vote of 63 to 37. H.R. 810 ones rather than simply being dropped war in Iraq. would have allowed Federal funding for off at remote cities and asked to pay stem cell research using stem cell lines He never wavered in the Senate from what he believed was right, and we will last-minute air fares to get home. derived under strict ethical require- MARK DAYTON has insisted on integ- all miss the skill and eloquence, the ments from excess in vitro fertilization rity and honesty in every aspect of his decency, honor, and generosity he embryos, regardless of the date they public life. He has been a true cham- brought to our Senate debates. were derived. I am grateful to BILL for pion for Minnesota. Lucy and I wish taking such a bold and courageous We regret very much that he won’t be here with us in the debates ahead, him well as he goes on to other stand on this issue for those suffering ventures. from these dreaded diseases and who and we wish him well. Perhaps he will LINCOLN CHAFEE will be helped by this research. be able to make that Arctic trek to the Mr. President, I would like to pay In closing, BILL is a consummate North Pole that he had to put on hold family man who cherishes family and when he came to the Senate 6 years tribute to Senator LINCOLN CHAFEE. the values family represents. He has ago. But I know that whatever new Senator CHAFEE has served the people been married to his wife Karyn for 22 course he chooses, he will continue to of Rhode Island well. He has distin- years and, even as majority leader of be a strong and vital voice in improv- guished himself in a number of impor- the U.S. Senate, he has always made ing the lives of others. tant policy areas, including strength- time for his three sons: Harrison, Jona- As Robert Kennedy said, ‘‘Each time ening environmental protections and than, and Bryan. a man stands up for an ideal, or acts to strengthening our national security. There is no doubt BILL will be suc- improve the lot of others, or strikes I most appreciated his efforts to pro- cessful in any endeavor he undertakes out against injustice, he sends forth a mote fiscal responsibility. Senator as he leaves this great body. He has tiny ripple of hope, and crossing each CHAFEE has been steadfastly com- proven himself time and again and other from a million different centers mitted to sound government budget there is no question in my mind, he of energy and daring, those ripples policies. While he supported easing tax will be successful in the future. build a current that can sweep down burdens for families by ending the mar- Mr. President, I appreciate the ef- the mightiest walls of oppression and riage tax penalty and increasing the forts and service of our good majority resistance.’’ child tax credit, he had the courage to leader, BILL FRIST. He is a great man, Throughout his brilliant career, oppose irresponsible, budget-busting a great patriot, and a great friend, and MARK DAYTON has sent forth many rip- measures that, while politically pop- I wish him well in his future endeavors. ples of hope, and I’m certain he’ll send ular, have resulted in huge fiscal defi- Mr. KENNEDY. Mr. President, I wel- forth many more in the years ahead. cits and an unsustainable increase in come this opportunity to commend our We’ll miss you, MARK. the Federal debt.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.108 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11464 CONGRESSIONAL RECORD — SENATE December 7, 2006 Senator CHAFEE has also been an un- Senator BURNS, as chairman of the In- sions, and this one was no exception. It wavering supporter of reinstating pay- terior Appropriations Subcommittee, took courage to stand up against the as-you-go constraints on the Federal was a strong advocate in helping the rising tide, knowing that his decision budget first implemented by President task force achieve this goal. Under his would tip the balance in the Senate Bush’s father in 1990. Under those leadership, the tribal colleges received and set us on a new course. rules, any tax cut or increase in Gov- some of the largest increases in Fed- JIM JEFFORDS embodies what it ernment spending must be accom- eral funding since their inception. This means to be a good Senator—honesty, panied by an equal spending cut or rev- support has opened the door of oppor- a strong work ethic, courage, dedica- enue increase. tunity for thousands of American Indi- tion, and being true to one’s convic- I also appreciated Senator CHAFEE’s ans. tions. He is also thoughtful, modest, commitment to bipartisanship. He un- During this past year, we have also and soft spoken. With these character derstands that reaching across the worked together on agricultural dis- traits it is hard to believe that he has aisle and working together more often aster assistance legislation. Because a black belt in tae kwon do. than not results in better decisions and both of our States have a strong agri- JIM JEFFORDS has been a true fighter better, longer lasting policy solutions. cultural sector in our economy, this for Vermont. His compassion and con- His efforts were not always appreciated issue is very important to our constitu- viction will be missed in the U.S. Sen- by those in charge over the last couple ents. The support he has given to agri- ate. I wish JIM and his family many of years. But those of us who worked cultural disaster legislation in both the happy years ahead. closely with him know his commit- Senate Appropriations Committee and MIKE DEWINE ment is genuine and his word is good. the full Senate has been important to Mr. President, I rise today to pay I was pleased to welcome Senator our efforts, and I appreciate his strong tribute and recognize the accomplish- CHAFEE to the Senate in 1999 when he support. ments of a colleague who will be leav- was appointed to fill the seat of his Senator BURNS was also a valuable ing the Senate at the end of this term. late father. I had the pleasure of work- member of the ICBM coalition. During Senator MIKE DEWINE has represented ing often with John Chafee. We were these past years, he and I have worked Ohio in the Senate for 12 years. During both members of the Senate Finance together to make sure our Nation has a his tenure, he has been an important Committee. I was not surprised to find strong military deterrent to emerging advocate for the interests of the Buck- that the son, like his father, was tough world threats. eye State. but fair-minded and a man of strong Since he arrived in Washington as a Senator DEWINE will be remembered principle. Senator only 2 years after I did, we for his work on the Health, Education, Senator CHAFEE brought a unique set have watched the debates and policy Labor, and Pensions Committee and of skills to the Senate. A native Rhode discussions in this body together for al- particu1arly his success as chairman of Islander, he earned a B.A. in classics most two decades now. During that the Subcommittee on Retirement Se- from Brown University and was cap- time we have seen economic ups and curity and Aging. He was a vital and tain of the wrestling team. Instead of downs, a major change in international constructive member of the conference following immediately in his father’s power structure, and the new chal- committee on the Pension Protection footsteps, however, he initially worked lenges we face after the 9/11 terrorist Act, and he illustrated what can be ac- as a blacksmith at harness race tracks attacks. complished when you are willing to in the United States and Canada and Again, Mr. President, I have appre- work across party lines on a common later in manufacturing management. ciated the opportunity to work with goal. These experiences gave him a great Senator BURNS and wish him well as he I have also admired Senator deal of respect for working people and leaves the Senate. DEWINE’s commitment to our Nation’s helped him build a strong sense of inde- JIM JEFFORDS children and his efforts to stop teen pendence and plain old common sense. Mr. President, today I would like to drug and alcohol abuse, as well as It is also clear that Senator CHAFEE take a moment to recognize my friend crack down on tobacco companies’ never forgets his other important job. and colleague, JIM JEFFORDS, who after marketing of their products to children As a father of three school-aged chil- 32 years of distinguished service in and teens. With unfailing courage, he dren, he often reminds his colleagues Congress is retiring to spend more time took on those in his own party and to consider the impact of our decisions with his family. other special interests to protect our on the next generation. Whether he is JIM JEFFORDS’ family roots in kids from harmful tobacco products. working to preserve fragile wetlands in Vermont can be traced all the way In addition, I believe he has set a his beloved home State, helping back to 1794. After attending public good example for all of us in the Senate strengthen our homeland security, or schools in Rutland, JIM received his in how to honor those from our States preventing massive debts from accru- undergraduate degree from Yale Uni- who have fallen in service to our Na- ing, he talks often about our responsi- versity and his law degree from Har- tion. With deep admiration, I have lis- bility to our children. vard Law School. He served in the U.S. tened to Senator DEWINE come to the Senator CHAFEE has served the State Navy and retired from the U.S. Naval floor and speak about the lives and of Rhode Island with integrity and Reserve. families of Ohio service men and compassion. He will be missed. I have worked closely with JIM JEF- women who have died in Iraq and other CONRAD BURNS FORDS for years on the Centrist Coali- fields of battle. It is clear that he un- Mr. President, I rise today to action. He is a good friend and someone I derstands and deeply respects the sac- knowledge my colleague from Mon- could always trust. JIM has always rifices made by our troops and their tana, Senator CONRAD BURNS, who will been independent-minded with a strong families. be leaving this body after serving Mon- sense of integrity, a real commitment Mr. President, for these and many tanans for the past 18 years. to fiscal responsibility, an unparalleled other reasons, I have been honored to Since our States border one another, dedication to the environment, and a serve with MIKE DEWINE. I would like Senator BURNS and I have had the op- passion for improving education for our to join my colleagues in wishing the portunity to work together on issues children. During his time in Congress, Senator and his family the best in the important to our region and the Na- JIM JEFFORDS left his mark on some of future and in paying tribute to his con- tion. Senator BURNS has been a strong the most important legislation this in- tributions to the Senate and our Na- advocate for the interests of his State. stitution has passed, including the In- tion. I wish him well. In 2002, Senator BURNS and I joined dividuals with Disabilities Education MIKE DEWINE forces to create the Bipartisan Task Act, the Clean Air Act, the Clean Mr. KOHL. Mr. President, I rise Force on Tribal Colleges and Univer- Water Act, and the 2005 highway bill. today to bid farewell to one of our es- sities. One of the goals we set for the In 2001, JIM JEFFORDS made a historic teemed colleagues, MIKE DEWINE of task force was to secure adequate re- and difficult decision to switch his Ohio. It has been my special joy and sources on the Federal level to support party affiliation to an Independent. He privilege to work closely with Senator and grow these valuable institutions. was never afraid to make tough deci- DEWINE for the last decade. Since 1997,

VerDate Aug 31 2005 06:43 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.043 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11465 we have led the Antitrust Sub- in particular for their tireless efforts plants, fighting global warming, and committee, each taking our turns as to ensure our Nation’s transit systems making our buildings more energy effi- chairman and ranking member. Thanks are adequately funded. With so much cient. And he has worked hard to hold to MIKE’s honesty, candor, and cooper- congestion on our roads it is critical the administration to task for numer- ative nature, we have forged a produc- that we continue to invest in our ous rollbacks of our landmark environ- tive bipartisan partnership as we have trains, buses, ferries, and other modes mental laws. During his tenure on the worked to promote competition in of transportation to reduce congestion committee, Senator JEFFORDS has been many vital sectors of our Nation’s and reduce travel times. Senator SAR- ably assisted by a staff led by Ken economy. BANES did this work in his role as rank- Connolly and Alison Taylor. I thank This productive, bipartisan working ing member of the Banking Com- them and Senator JEFFORDS’ entire relationship has been a hallmark of mittee, and millions of people every- staff for their assistance to me and my Senator DEWINE’s leadership of the day—especially in New York—who ride staff. Antitrust Subcommittee since he as- trains and buses to and from work Unfortunately, I could not attend the sumed the chairmanship of the com- should be grateful that we had him on final EPW meeting this week, but I un- mittee in 1997. From the beginning, he our side for so many years. derstand that Senator JEFFORDS an- reached out to me and established our I could stand here for a long time nounced that he is returning home to tradition of setting our agenda jointly, singing the praises and accomplish- Vermont, and described home as ‘‘the planning our hearings together, and ments of Senator SARBANES after a place you can go where they have to even sponsoring legislation and writing long and distinguished career in the take you in.’’ letters to the administration jointly. Senate. I will end by saying this: We I know that Vermont will welcome We tackled together such thorny issues will miss him and he has left his mark Senator JEFFORDS back with open as encouraging competition in tele- on this great Chamber. arms, and I know that he will always communications, health care, the oil I will also express a fond farewell to have a home away from home here in and gas, and airline industries, inves- Senator DAYTON. the Senate. tigating dozens of important mergers It has been an honor to serve on the Finally, I also wish the very best to ranging from AOL/Time Warner to Armed Services Committee with Sen- my Republican colleagues who will ator DAYTON. ATT/Bell South, and pursuing anti- leave the Senate at the conclusion of He has done a wonderful job for the trust reform legislation. While we have this Congress. The Senate, at its best, people of Minnesota. In his time in the not always agreed on every issue that is a body that promotes bipartisanship, Senate Senator DAYTON worked hard to deliberation, and cooperation, and the came before our subcommittee al- live up to the legend of Senator dedication to shared values. It has been though I am happy to say we agreed Wellstone, to honor the values that a privilege to work with my departing more often than not—MIKE DEWINE and Senator Wellstone championed in this colleagues on the other side of the I always agreed that we should put par- body. tisanship aside and accomplishing One example: I was grateful to Sen- aisle. practical results for the American peo- ator DAYTON for his support of the Non- f ple first. traditional Student Success Act, a REMEMBERING MARY ARNOLD On a personal note, our close working piece of legislation to help more people Mr. BYRD. Mr. President, as we ap- relationship has caused me to come to attend college while working and rais- proach this Christmas season, our joy know MIKE DEWINE very well. I have ing families—to open the doors of op- is tempered by sorrow over the loss in come learn that MIKE is a sober-mind- portunity wider for more and more late November of one of our Senate ed, hard working, and caring person. In Americans. family members. The sorrow is borne of my career, I have been privileged to I am grateful to MARK DAYTON for his know and work with a few distin- work to honor his values, and I know shock and loss as we mourn the sudden guished Members of this Chamber he leaves this body having made the departure from this earthly life of our whom I can truly call statesmen, lead- people of Minnesota proud. dear friend, Mary Miller Arnold. Yet, ers, and friends. MIKE DEWINE is one of I will also say a few words about Sen- as we grieve, we must also give thanks them. He will be missed. ator JEFFORDS. for her life and for the enrichment she Mrs. CLINTON. Mr. President, I rise Senator JEFFORDS has ably rep- brought to all of the lives she touched. today to honor the great service of re- resented Vermonters here in the Con- It has been my honor and privilege to tiring Senators PAUL SARBANES, MARK gress for decades. In doing so, he has have served in the U.S. Senate for DAYTON, and JAMES JEFFORDS. reflected the independent spirit of nearly 50 years. During this time, I Senator SARBANES’ service in the Vermonters, and no more so than when have come to greatly appreciate and Senate stretches back three decades. he took the courageous step in 2001 to revere the work of the staff of the U.S. First elected in 1977, he had previously become an Independent and caucus Senate. These wonderful women and served as a Congressman and before with the Democrats. men play a sometimes invisible but al- that as a delegate in the Maryland Since that time, I have had the great ways crucial role in the work of the State House. I have been so grateful to pleasure of working with Senator JEF- Senate. They are dedicated, profes- the Senator for his advice and his work FORDS on the Environment and Public sional public servants who work long in this Chamber. Works Committee. His tenure at that and unpredictable hours. When the Senator SARBANES is the son of im- committee was a fitting capstone to Senate is in session, their families’ migrants from Laconia, Greece, and he his career, as he has long been focused lives suffer and their social lives are al- has often spoken about the pride that on environmental protection. most nonexistent. he has for his Greek heritage, as well Throughout his long and distin- These are noble people who con- as the inspiration that he draws from guished career, Senator JEFFORDS has tribute to the history of our country it through his work in the Senate. His been a strong advocate of renewable every day, but, sadly, they will rarely parents instilled in him a reverence for energy. In many ways, he has been be mentioned in the history books. Yet the principles of democracy and a re- ahead of his time. In 1990, he intro- their lives are perfect examples of spect for the values of opportunity and duced a bill to promote ethanol and humble attention to duty and service. fairness. He has championed these val- other alternative fuels, and nearly 10 Such a life was Mary Arnold’s. ues throughout his life in public serv- years ago he introduced legislation to I came to know Mary from her pre- ice, passing important legislation to create a 20-percent renewable portfolio vious positions in the U.S. Senate and reform the accounting industry, the standard. During his tenure first as to appreciate her work as well as to 2002 Sarbanes-Oxley Act, among many chairman, and then as ranking member like her personally. I was pleased and other legislative accomplishments. of the EPW committee, he has been a proud to have the opportunity to ap- I want to thank Senator SARBANES strong and clear voice for a cleaner en- point Mary Arnold to her position as a and his dedicated staff for their exten- vironment. Senate doorkeeper when I was the Sen- sive and laudable work on the surface He has been an ally and a champion ate majority leader, September 1, 1987. transportation reauthorization bill and of reducing pollution from power- She did not disappoint. One year later

VerDate Aug 31 2005 06:43 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.029 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11466 CONGRESSIONAL RECORD — SENATE December 7, 2006 she was promoted to doorkeeper super- And bring back the features that joy used to ment and use of space in the Senate Office visor. wear. Buildings, the Senate Wing of the Capitol, Mary Arnold carried out her respon- Long, long be my heart with such memories which includes the Senate Wing of the Cap- sibilities superbly and with distinction, filled, itol Visitor Center, and the Courtyard of the in just the same way she conducted her Like the vase in which roses have once been Russell Building. While rooms may be occu- distilled, pied or administered by other offices or Com- life. She worked professionally, ener- You may break, you may shatter the vase, if mittees, they are subject to the Rules Com- getically, and with dignity. She was a you will, mittee policy for the use of Senate rooms. caring, thoughtful, and very special But the scent of the roses will hang around The following regulations have been estab- person. Everyone who worked with her it still.’’ lished for use by all offices in the assignment loved her. Selflessness was the hall- —Thomas Moore of their rooms. mark of Mary Arnold’s personality. f Any requests, conditions or circumstances She was kind, thoughtful, polite, with not covered by these regulations must be a kind of old-world graciousness not RETIREMENT OF MR. ANTHONY J. submitted in writing to the Senate Rules seen so often these days. Mary exuded ‘‘TONY’’ ZAGAMI Committee for its consideration. grace in this often graceless age. A tall Mr. BYRD. Mr. President, I rise to 1. Booking a Senate Event Room woman, Mary had a quiet sense of au- announce the retirement of a longtime Rooms are available for Senate-related thority about her which served her well public servant and former staff mem- business only. on the Senate floor. Her elegant bear- ber of the U.S. Senate. After 40 years of The Senator or Officer sponsoring the func- ing commanded respect, and she knew Federal service, Anthony J. ‘‘Tony’’ tion is expected to be in attendance. just how to compel without offending. I Zagami will retire as the longest serv- Any requests or circumstances not covered by these room regulations must be sub- admired her. ing general counsel in the history of mitted to the Rules Committee in writing To me, Mary was a dear friend. I the U.S. Government Printing Office. for consideration. shall never forget her kindness to my Tony arrived on Capitol Hill just as I Requests for the use of any space in the dear wife Erma. Especially at Christ- was completing my first term in the Senate Office Buildings and the Senate Wing mas, a season Mary really enjoyed, Senate. Before Tony’s arrival, I had the of the Capitol, including the Senate wing of Mary’s love for her friends and family privilege of knowing and working with the Capitol Visitor Center, must be made by lighted our lives and set her apart. She his late father, Dino, a member of the a Senator or Officer of the Senate. fairly glowed as she made her Christ- Senate’s Official Reporters of Debates All requests for room reservations must be mas visitations with thoughtful notes submitted to the Senate Rules Committee on staff. Dino retired in the early 1970s, the official room request form provided by and gifts which she must have spent while Tony went on to serve the Con- hours preparing. She was a red rose Rules Committee. All required fields on the gress, moving to the GPO in 1990. form must be completed. among the pale lilies, and her memory Over the years, Tony Zagami became The requesting Senator’s or Officer’s signa- will ever warm our hearts. a valued and trusted staff member of ture must appear on the room request form. Her passing is a loss to the Senate, the Congress in many different capac- Specific and accurate information must be her community, and, of course, her ities. His strong skills and commit- provided including the date and time of the family. ment to public service were well recog- event, full name of any organization or To her loving husband of 48 years, nized, not just on the Hill but also group involved (no acronyms), a complete Edwin, and her children, Mary Eliza- description of the function and its purpose, throughout the legislative branch. As beth and Edwin, our hearts and prayers number of people attending, type of set up he departs the GPO for a well-deserved are with you. required, and indication of catering needs. A Take comfort in knowing that Mary retirement, I thank him for his service Senate staff contact name and telephone is now in the embrace of an all-loving and wish him all the best. number is required. God. As the Scriptures assure us: f Each office may designate up to two staff members who will be authorized to submit And God shall wipe away all tears from NOTICE OF CHANGE IN SENATE room requests on behalf of a Senator or Offi- their eyes; and there shall be no more death, RULES COMMITTEE POLICY FOR cer of the Senate. neither sorrow, nor crying, neither shall be Rooms are assigned on a first-come, first- any more pain: for the former things are THE USE OF SENATE ROOMS served basis. passed away. (KJV, Revelations 21:4) Mr. LOTT. Mr. President, I am tak- Room requests may be made up to a max- THE ROSE STILL GROWS BEYOND THE WALL ing this opportunity to announce that imum of 3 months in advance. Near a shady wall a rose once grew, in accordance with title V of the Rules The Senate Rules Committee will not dis- Budded and blossomed in God’s free light, of Procedure of the Committee on cuss room availability prior to submission of Watered and fed by the morning dew, Rules and Administration, the Com- an official room request form. Shedding its sweetness day and night. mittee intends to update the Policy for Requests for rooms are subject to approval As it grew and blossomed fair and tall, Use of Senate Rooms. by the Rules Committee and availability of Slowly rising to loftier height, Based on the Committee’s review of space. The Senate Rules Committee will provide a written or an e-mail response to all It came to a crevice in the wall, the policy for use of Senate Rooms, the Through which there shone a beam of light. submitted requests. A room reservation is following changes to these policies not confirmed until written or e-mail con- Onward it crept with added strength, have been adopted effective today, De- With never a thought of fear or pride. firmation has been received. It followed the light through the crevice’s cember 7, 2006. The changes are de- Upon receipt of confirmation of a room res- length signed to streamline communications ervation, Senators and Officers must provide And unfolded itself on the other side. between the Rules Committee and Sen- outside groups, who are hosting a function in Senate space, with a copy of the Official The light, the dew, the broadening view, ate offices and to clarify the rules gov- Guidelines for Use of Senate Space, a fact Were found the same as they were before; erning the use of Senate rooms. sheet prepared by the Senate Rules Com- And it lost itself in beauties new, Set forth below is the policy for the mittee and available on the Rules Com- Spreading its fragrance more and more. use of Senate rooms. mittee web site. Shall claim of death cause us to grieve, Mr. President, I ask unanimous con- Room reservation information is available And make our courage faint or fall? sent that the material be printed in the to Senate staff only. Offices requesting Nay! Let us faith and hope receive: RECORD. rooms are responsible for all communica- The rose still grows beyond the wall. There being no objection, the mate- tions with outside groups. The Senate Rules Scattering fragrance far and wide, rial was ordered to be printed in the Committee will not discuss events, event ar- Just as it did in the days of yore, RECORD, as follows: rangements, or room availability with out- Just as it did on the other side, side groups. Just as it will forevermore. POLICY REGULATIONS FOR USE OF SENATE To accommodate the room requests of all ROOMS Senators and Committees, an outside group SCENT OF THE ROSES Appendix E. Policy for Use of Senate Rooms, may not reserve a room more than once in a Let fate do her worst, there are relics of joy, The Russell Rotunda & Courtyard, The calendar month. Bright dreams of the past, which she cannot Hart Atrium, The Great Hall of the Capitol Rooms may not be ‘‘held’’ on a tentative destroy; Visitor Center, and The Capitol Rotunda basis. that come, in the night-time of sorrow and The Senate Committee on Rules and Ad- Cancellations should be reported imme- care, ministration has jurisdiction over assign- diately to the Senate Rules Committee.

VerDate Aug 31 2005 06:43 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.061 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11467 2. Use of Space Assigned to a Senator, Com- Senate space may not be used for any fund- At the time the reservation is approved by mittee Chairman, or an Officer of the raising purpose. the Rules Committee, Senate offices should Senate Senate space may not be used for political make arrangements, or should notify their Requests for use of space assigned specifi- activities, including political campaign, po- constituent contact that arrangements for cally to a Senator, Committee Chairman, or litical party, or political action committee the set-up of the room must be made directly Officer of the Senate should be made directly activities. with the Superintendent’s Office or Capitol to that individual. Room regulations apply Booking and use of Senate space for any Facilities. Arrangements should be made as to all Senate rooms. commercial, promotional, or profit-making soon as possible, but at least 2 business days purpose is strictly prohibited. 3. Use of Senate Event Rooms in advance of the event, in order to guar- No signs, placards, photographs, brochures antee the availability of adequate furniture, The Senator sponsoring the function will or pamphlets displaying a group or company be held accountable for enforcement of all equipment, and supplies. name or logo are permitted. Room set-up arrangements may not be room regulations. Outside groups dis- Exhibits must be educational in nature and changed on the day of an event. regarding the Policy for Use of Senate must relate to Senate business. Rooms, as set forth by the Committee on Trade fairs are not permitted. 8. Room Capacity Rules and Administration, may have their No products or services may be promoted The Senate Rules Committee posts infor- reservation cancelled, event terminated, or or sold on the premises. No promotional ma- mation on its web site regarding the max- may be prohibited from scheduling future terial may be distributed on the premises. imum capacity of event rooms, based upon events in Senate rooms. No material may be attached anywhere in set-up style. The maximum room capacity All requests for a Senate event room for Senate rooms, including walls, windows, win- by set-up style permitted by the Fire Mar- use by a Committee, or under the auspices of dow treatments, and doors. shal shall not be exceeded. Failure to adhere a Committee, must be made or approved by Banners anywhere on Senate property are to the maximum room occupancy level may strictly prohibited. the Chairman of that Committee. (If the result in termination of an event or func- The Senate will not be held responsible for Committee is a joint committee, the request tion. must be made or approved by the Senator articles brought into the Senate buildings or who is Chairman or Vice-chairman of that onto Senate grounds for functions and exhib- 9. Music Joint Committee.) A use is considered to be its. The Senate does not provide insurance No music is permitted in the Senate wing ‘‘by a Committee’’ or ‘‘under the auspices of for such articles. of the Capitol when the Senate is in session. a Committee’’ when the announcement, 4. Cancellation of Events No music is permitted in the Senate Office agenda or notice for the use identifies Senate Since Senate Committee hearings and offi- Building event rooms or in the Capitol Vis- participants as members of the Committee. cial legislative meetings take precedence itor Center event rooms when the Senate is Standing Committees of the Senate, Spe- over all other functions, it may be necessary in session until after 6:00 p.m. cial Committees of the Senate, Select Com- to cancel or move a function on short notice When the Senate is in recess, music is per- mittees of the Senate, and Joint Congres- based on the legislative schedule of the Sen- mitted after 5:00 p.m. sional Committees may hold committee ate. Music may be provided during the ap- hearings and conduct meetings in Senate Groups disregarding the Policy for Use of proved time periods by string instruments or rooms. Congressional hearings and official Senate Rooms, as set forth by the Com- a piano. Amplified music is not permitted. legislative meetings take precedence over all mittee on Rules and Administration, may Vocal performances and singing are not other functions. have their reservation cancelled, event ter- permitted at any time in Senate space, ex- Events may be booked Monday-Friday. minated, or may be prohibited from sched- cept by special permission in the Russell Events may begin no earlier than 7:30 am in uling future events in Senate rooms. Senate Office Building Rotunda. See Russell the morning. Evening events must conclude 5. Food and Beverages Rotunda section. by 10:00 pm. 10. Press Conferences The precise time period scheduled for room Food and beverages for events in Senate use must be strictly adhered to. rooms may only be provided by the Senate Only Senators may conduct press con- Weekend events are generally not per- event food and beverage service provider (s) ferences. Outside groups may not hold press mitted. designated by the Senate Rules Committee. conferences in Senate event rooms. Specific event arrangements (set-up, cater- Information regarding the designated pro- Press conferences related to political cam- ing) should be discussed directly with those vider (s) will be posted on the room request paign, political party, or political action responsible for providing the services in Sen- form and the Official Guidelines for Use of committee activities are not permissible. ate space, as indicated on the Rules Commit- Senate Space fact sheet prepared by the Sen- 11. Photographing and Filming tee’s Room Request Form. Set-up and cater- ate Rules Committee. Since Senate space may not be used for ing entities may not provide information Catering arrangements for special events commercial, promotional, or profit-making about other scheduled events or availability or functions must be made directly with the purposes whatsoever: of other event rooms. designated food and beverage service pro- Since rooms are available only for Senate- vider(s). No promotional or commercial related business, there is no charge for such The Senate Rules Committee must grant a photographing or filming is permitted. use. Therefore, no charge is permitted in waiver for any special event food that cannot Filming involving or related to commer- connection with the use of Senate space, nor be furnished by the Senate food service ven- cial ventures, including fictional movies and may any charge be assessed for admittance dor (such as home state products celebrating commercial documentaries, as well as the or refreshments in Senate space. the food of a state). Requests for waivers use of Senate space to create or promote Weddings, funerals, memorial services, must be submitted in writing to the Senate commercial entertainment programming, is tributes, award ceremonies, or other events Rules Committee well in advance of the strictly prohibited in Senate buildings and of a personal nature are not allowed. event. on the Capitol grounds. Events that may endanger the public or All food and beverages served at a function 12. Audio Visual Presentations create an unreasonable risk of liability for must be consumed within the scheduled The content of audio visual presentations the United States Senate are not permitted. room. No food or beverages are permitted in made in Senate rooms may not be commer- Outside groups are not permitted to use Sen- the corridors outside event rooms. cial, promotional, profit-making, or fund- ate space to conduct events intended to sim- 6. Financial Obligations raising in nature. ulate Congressional hearings or legislative Outside groups are expected to make ar- 13. Broadcasting meetings. rangements for payment for any catering ex- Demonstrations and disruptive behavior penses in advance of the event date and in News broadcasting, coverage and are not permitted. accordance with contractual requirements. videotaping at events/in event rooms re- Excessive noise or sound amplification is The Senator or Officer sponsoring the func- quires special permission and must be co- not permitted. tion is responsible for any loss of or damage ordinated with the Senate Radio TV Gallery. Music during business hours is not per- to Senate property and for any financial ob- News broadcasting, coverage, and mitted (see Section 9). ligation incurred. videotaping are prohibited in some areas, Animals are generally not permitted at and are subject to the rules and regulations 7. Room Set-Up events in Senate rooms, except in cases of the Senate Rules Committee and the Sen- where an animal provides necessary assist- The Office of the Senate Superintendent ate Radio TV Gallery. ance to an individual with disabilities. will make arrangements for the set-up of a Education, training, and health screening room in the Senate Office Buildings with the 14. Admittance to Buildings conducted in Senate space by outside enti- sponsoring Senator’s staff or designated con- The Senate Wing of the Capitol, the Senate ties for the Senate community must be co- stituent contact. Arrangements for room set Wing of the Capitol Visitor Center, and the ordinated with and conducted through the up in the Senate wing of the Capitol and the Senate Office Buildings are open during nor- Senate Office of Education and Training or Capitol Visitor Center are made through mal business hours. These areas are not open the Senate Employee Assistance Program. Capitol Facilities. on evenings, holidays, and weekends, unless No money or items may be collected on There is no charge for set-up of rooms by the Senate is in session. Senate property for any purpose, including the Senate Superintendent’s Office or Cap- The following information may be found on charitable purposes. itol Facilities. or accessed through Webster:

VerDate Aug 31 2005 06:43 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.044 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11468 CONGRESSIONAL RECORD — SENATE December 7, 2006 Information regarding normal business official functions are scheduled in the Cau- the Committee on Rules and Administration hours will be posted on Webster. Due to secu- cus Room. String instruments and piano are of the Senate * * * rity considerations, building hours are sub- the only musical instruments permitted. The United States Senate Travel Regulations ject to change without notice. use of amplifiers is strictly prohibited. Revised by the Committee on Rules and Information regarding building access for Cancellations should be reported imme- Administration visitors and guests outside of normal busi- diately. United States Senate, effective October 1, The Senate will not be responsible for the ness hours, will be posted on Webster. 1991 as amended January 1, 1999, as further Information regarding access to the Senate articles of an exhibit. The Senate does not amended December 7, 2006 Wing of the Capitol and the Senate Wing of provide insurance for such articles. GENERAL REGULATIONS the Capitol Visitor Center for appointments, RUSSELL COURTYARD I. Travel Authorization visitors, and guests will be posted on Web- The policy of the Rules Committee is to A. Only those individuals having an official ster. discourage use of the Russell Courtyard for connection with the function involved may Information regarding the Capitol Visitor functions. Written requests for a Courtyard Center days and hours of operation for vis- obligate the funds of said function. function, as an exception to policy, will be B. Funds disbursed by the Secretary of itor services, Senate Gallery access when the considered by the Committee. The function Senate is in session, as well as any special Senate may be obligated by: must be for Members of Congress, their fami- 1. Members of standing, select, special, announcements with regard to closures, will lies, and staff only. be posted on the Capitol Visitor Center web joint, policy or conference committees site and may be accessed through a link on HART ATRIUM, GREAT HALL OF THE CAPITOL 2. Staff of such committees Webster. VISITOR CENTER AND CAPITOL ROTUNDA 3. Employees properly detailed to such The Senate Appointments Desk and the Use of the Capitol Rotunda, the Great Hall committees from other agencies United States Capitol Police must be fur- of the Capitol Visitor Center, and the Hart 4. Employees of Members of such commit- nished, when required, with a list of the Atrium is strictly prohibited, except for offi- tees whose salaries are disbursed by the Sec- names and pertinent information for all cial ceremonies authorized by Senate Reso- retary of the Senate and employees ap- guests attending functions in the Senate lution. pointed under authority of section 111 of Public Law 95–94, approved August 5, 1977, Wing of the Capitol, including the Senate f Wing of the Capitol Visitor Center. Require- when designated as ‘‘ex officio employees’’ ments and any necessary forms will be post- NOTICE OF CHANGE IN U.S. by the Chairman of such committee. Ap- ed on Webster. Names of guests must be sub- SENATE TRAVEL REGULATIONS proval of the reimbursement voucher will be mitted in accordance with the guidelines set considered sufficient designation. Mr. LOTT. Mr. President, I am tak- 5. Senators, including staff and nominating forth on the form, otherwise admittance to ing this opportunity to announce that events cannot be guaranteed. board members. (Also individuals properly in accordance with title V of the Rules detailed to a Senator’s office under author- 15. Event Parking of Procedure of the Committee on ity of Section 503(b)(3) of P.L. 96–465, ap- No parking accommodations are provided Rules and Administration, the com- proved October 17, 1980.) for guests. mittee intends to update the U.S. Sen- 6. All other administrative offices, includ- RUSSELL ROTUNDA ate Travel Regulations. ing Officers and staff. All requests for use of the Russell Rotunda Based on the committee’s review of C. An employee who transfers from one of- must be submitted to the Senate Rules Com- fice to another on the same day he/she con- the 1991 regulations and the January 1, cludes official travel shall be considered an mittee on the official Russell Rotunda re- 1999, amendments to the regulations, quest form provided by Rules Committee. All employee of the former office until the con- required fields on the form must be com- the following changes to these policies clusion of that official travel. pleted. The requesting Senator’s or Officer’s have been adopted effective today, De- D. All travel shall be either authorized or signature must appear on the request form. cember 7, 2006. The changes reduce approved by the chairman of the committee, Only educational, cultural, and commemo- from 45 days to 30 days the period when Senator, or Officer of the Senate to whom rative exhibits will be permitted. No cere- travel advances must be repaid. In ad- such authority has been properly delegated. monies are permitted. dition, the amended regulations estab- The administrative approval of the voucher will constitute the approvals required. It is No signs or placards displaying a company lish a uniform $200 minimum travel ad- or group’s name or logo are permitted. Ban- expected that ordinarily the authority will ners are strictly prohibited. vance level for all offices within the be issued prior to the expenses being in- Handouts are not permitted. Senate. curred and will specify the travel to be per- Photographs or slides of the complete ex- Set forth below are the updated U.S. formed as such possible unless circumstances hibit, and any text, must be provided to the Senate Travel Regulations. in a particular case prevent such action. Rules Committee 14 days prior to the date of Mr. President, I ask unanimous con- E. Official Travel Authorizations: The Gen- the exhibit for review before an exhibit will sent that the material be printed in the eral Services Administration, on behalf of the Committee on Rules and Administration, be approved. Text in any language other RECORD. than English must be translated. No changes There being no objection, the mate- has contracted with several air carriers to provide discount air fares for Members, Offi- may be made to an approved exhibit within rial was ordered to be printed in the 7 days of the event. cers, and employees of the Senate only when Guidelines for Use of the Russell Rotunda, RECORD, as follows: traveling on official business. This status is a fact sheet prepared by the Senate Rules AUTHORITY OF THE COMMITTEE ON RULES AND identifiable to the contracting air carriers Committee, must be provided to the exhibi- ADMINISTRATION TO ISSUE SENATE TRAVEL by one of the following ways: tor by the requesting Senator or Officer. REGULATIONS 1. The use of a government issued travel An exhibit may not be displayed in the Ro- The travel regulations herein have been charge card tunda for more than 5 days, unless an excep- promulgated by the Committee on Rules and 2. The use of an ‘‘Official Travel Authoriza- tion is granted. Administration pursuant to the authority tion’’ form which must be submitted to the Exhibits must be placed entirely within vested in it by paragraph 1(n)(1)8 of Rule air carrier prior to purchasing a ticket. the Russell Rotunda. The articles of an ex- XXV of the Standing Rules of the Senate and These forms must be personally approved by hibit must be placed on mounted displays. by section 68 of Title 2 of the United States the Senator, chairman, or Officer of the Sen- Photos or paintings may not be hung from Code, the pertinent portions of which provi- ate under whose authority the travel for offi- the pillars or on the walls, and should not re- sions are as follows: cial business is taking place. Payment must quire any lighting, etc. that must be plugged Standing Rules of the Senate be made in advance by cash, credit card, into an electrical outlet. check, or money order. The Official Travel Exhibits must be arranged in a manner Rule XXV Authorization forms are available in the that provides safe and easy access, as well as Paragraph 1(n)(1)8 Senate Disbursing Office. adequate space for emergency egress for staff (n)(1) Committee on Rules and Administra- II. Funds for Traveling Expenses and visitors. tion, to which committee shall be referred A. Individuals traveling on official busi- No food or beverages are permitted. * * * matters relating to the following sub- ness for the Senate will provide themselves No sound may be associated with the ex- jects: * * * with sufficient funds for all current exhibits. 8. Payment of money out of the contingent penses, and are expected to exercise the same The precise time frame for set up and refund of the Senate or creating a charge upon care in incurring expenses that a prudent moval of an exhibit, as approved by the Sen- the same * * * person would exercise if traveling on per- ate Rules Committee, must be strictly fol- United States Code sonal business. lowed. Title 2 Section 68 1. Travel Advances A choral group may perform in the Russell Sec. 68. Payments from contingent fund of a) Advances to Committees (P.L. 81–118) Rotunda for 15 minutes during the lunch Senate (1) Chairmen of joint committees operating hour (12:00–1:00 p.m.). The group will not be No payment shall be made from the contin- from the contingent fund of the Senate, and allowed to perform when hearings or other gent fund of the Senate unless sanctioned by chairmen of standing, special, select, policy,

VerDate Aug 31 2005 06:43 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.045 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11469 or conference committees of the Senate, may mediately return the travel advance to the (9) The amount authorized for each travel requisition an advance of the funds author- Senate Disbursing Office. advance should not exceed the estimated ized for their respective committees. (9) No more than two (2) travel advances total of official out-of-pocket travel expenses (a) When any duty is imposed upon a com- per traveler may be outstanding at any one for the trip in question. The minimum travel mittee involving expenses that are ordered time. advance that can be authorized for the offi- to be paid out of the contingent fund of the (10) The amount authorized for each travel cial travel expenses of a Senator and his/her Senate, upon vouchers to be approved by the advance should not exceed the estimated staff is $200. No more than two (2) travel ad- chairman of the committee charged with total of official out-of-pocket expenses for vances per traveler may be outstanding at such duty, the receipt of such chairman for the trip in question. The minimum travel ad- any one time. any sum advanced to him[her] or his[her] vance that can be authorized for the official (10) The aggregate total of travel advances order out of said contingent fund by the Sec- travel expenses of a Committee Chairman per Senator’s office shall not exceed 10% of retary of the Senate for committee expenses and his/her staff is $200. the expense portion of the Senators’ Official not involving personal services shall be (11) The aggregate total of travel advances Personnel and Office Expense Account, or taken and passed by the accounting officers for committees shall not exceed $5,000, unless $5,000, whichever is greater. of the Government as a full and sufficient otherwise authorized by prior approval of the (c) Advances to Administrative Offices of voucher; but it shall be the duty of such Committee on Rules and Administration. the Senate (b) Advances to Senators and their staffs (2 (Regulations Governing Cash Advances for chairman, as soon as practicable, to furnish U.S.C. 58(j)) Official Senate Travel, adopted by the Com- to the Secretary of the Senate vouchers in (Regulations for Travel Advances for Sen- mittee on Rules and Administration, effec- detail for the expenses so incurred. ators and Their Staffs adopted by the Com- tive July 23, 1987, pursuant to S. Res. 258, Oc- (2) Upon presentation of the properly mittee on Rules and Administration, effec- tober 1, 1987, as amended, as applicable to signed statutory advance voucher, the Dis- tive April 20, 1983, pursuant to P.L. 97–276) Senate administrative offices) bursing Office will make the original ad- (1) Travel advances from a Senators’ Offi- (1) Travel advances shall be made prior to vance to the chairman or his/her representa- cial Personnel and Office Expense Account the commencement of official travel in the tive. This advance may be in the form of a must be authorized by that Senator for him- form of cash, direct deposit, or check. Travel check, or in cash, receipted for on the vouch- self/herself as well as for his/her staff. Staff advance requests shall be signed by the ap- er by the person receiving the advance. is defined as those individuals whose salaries plicable Officer of the Senate and a staff per- Under no circumstances are advances to be are funded from the Senator’s account. An son designated with signature authority. used for the payment of salaries or obliga- employee in the Office of the President Pro (2) Cash: Advances in the form of cash shall tions, other than petty cash transactions of Tempore, the Deputy President Pro Tem- be picked up only in the Senate Disbursing the committee. pore, the Majority Leader, the Minority Office and will be issued only to the person (3) In no case shall a cash advance be paid Leader, the Majority Whip, the Minority traveling (photo ID required), with excep- more than seven (7) calendar days prior to Whip, the Secretary for the Conference of tions being made for Members and elected the commencement of official travel. In no the Majority, or the Secretary for the Con- Officers of the Senate. The traveler (or the case shall an advance in the form of a check ference of the Minority shall be considered individual receiving the advance in the case be paid more than fourteen (14) calendar an employee in the office of the Senator of a travel advance for a Member or elected days prior to the commencement of official holding such office. Officer of the Senate) will sign the travel ad- travel. Requests for advances in the form of (2) Advances shall only be used to defray vance form to acknowledge receipt of the a check should be received by the Senate official travel expenses . . . cash. Disbursing Office no less than five (5) cal- (3) Travel advances shall be made prior to (3) In no case shall a travel advance be paid endar days prior to the commencement of of- the commencement of official travel in the more than seven (7) calendar days prior to ficial travel. The amount of the advance form of cash, direct deposit, or check. Travel the commencement of official travel. In no then becomes the responsibility of the indi- advance requests shall be signed by the case shall an advance in the form of a direct vidual receiving the advance, in that he/she Member and a staff person designated with deposit or check be paid more than fourteen must return the amount advanced before or signature authority. (14) calendar days prior to the commence- shortly after the expiration of the authority (4) Cash: Advances in the form of cash shall ment of official travel. Requests for ad- under which these funds were obtained. be picked up only in the Senate Disbursing vances in the form of a direct deposit or (Regulations Governing Cash Advances for Office and will be issued only to the person check should be received by the Senate Dis- Official Senate Travel adopted by the Com- traveling (photo ID required), with excep- bursing Office no less than five (5) calendar mittee on Rules and Administration, effec- tions being made for Members and elected days prior to the commencement of official tive July 23, 1987, pursuant to S. Res. 258, Oc- Officers of the Senate. The traveler (or the travel. (4) In those cases when a travel advance tober 1, 1987, as applicable to Senate commit- individual receiving the advance in the case has been paid, every effort should be made by tees) of a travel advance for a Member or elected the office in question to submit to the Sen- (4) Travel advances shall be made prior to Officer of the Senate) will sign the travel ad- ate Disbursing Office a corresponding travel the commencement of official travel in the vance form to acknowledge receipt of the voucher within twenty-one (21) days of the form of cash, direct deposit, or check. Travel cash. conclusion of such official travel. advance requests shall be signed by the Com- (5) In no case shall a travel advance in the (5) Travel advances for official Senate mittee Chairman and a staff person des- form of cash be paid more than seven (7) cal- travel shall be repaid within 30 days after ignated with signature authority. endar days prior to the commencement of of- completion of travel. Anyone with an out- (5) Cash: Advances for travel in the form of ficial travel. In no case shall an advance in standing advance at the end of the 30-day pe- cash shall be picked up only in the Senate the form of a direct deposit or check be paid riod will be notified by the Disbursing Office Disbursing Office and will be issued only to more than fourteen (14) calendar days prior that they must repay within 15 days, or their the person traveling (photo ID required), to the commencement of official travel. Re- salary may be garnished in order to satisfy with exceptions being made for Members and quests for advances in the form of a direct their indebtedness to the Federal govern- elected Officers of the Senate. The traveler deposit or check should be received by the ment. (or the individual receiving the advance in Senate Disbursing Office no less than five (5) (6) In those instances when a travel ad- the case of a travel advance for a Member or calendar days prior to the commencement of vance has been paid for a scheduled trip elected Officer of the Senate) shall sign the official travel. which prior to commencement is canceled or travel advance form to acknowledge receipt (6) In those cases when a travel advance postponed indefinitely, the traveler in ques- of the cash. has been paid, every effort should be made by tion should immediately return the travel (6) In those cases when a travel advance the office in question to submit to the Sen- advance to the Senate Disbursing Office. has been paid, every effort should be made by ate Disbursing Office a corresponding travel (7) The amount authorized for each travel the office in question to submit to the Sen- voucher within twenty-one (21) days of the advance should not exceed the estimated ate Disbursing Office a corresponding travel conclusion of such official travel. total of official out-of-pocket travel expenses voucher within twenty-one (21) days of the (7) Travel advances for official Senate for the trip in question. The minimum travel conclusion of such official travel. travel shall be repaid within 30 days after advance that can be authorized for the offi- (7) Travel advances for official Senate completion of travel. Anyone with an out- cial travel expenses of a Senator Officer and travel shall be repaid within 30 days after standing advance at the end of the 30-day pe- his/her staff is $200. No more than two (2) completion of travel. Anyone with an out- riod will be notified by the Senate Dis- travel advances per traveler may be outstanding advance at the end of the 30-day pe- bursing Office that they must repay within standing at any one time. riod will be notified by the Disbursing Office 15 days, or their salary may be garnished in (d) Office of the Secretary of the Senate (2 that they must repay within 15 days, or their order to satisfy their indebtedness to the U.S.C. 61a–9a) salary may be garnished in order to satisfy Federal government. (1) . . . The Secretary of the Senate is au- their indebtedness to the Federal govern- (8) In those instances when a travel ad- thorized to advance, with his discretion, to ment. vance has been paid for a scheduled trip any designated employee under his jurisdic- (8) In those cases when a travel advance which prior to commencement is canceled or tion, such sums as may be necessary, not ex- has been paid for a scheduled trip which postponed indefinitely, the traveler in ques- ceeding $1,000, to defray official travel ex- prior to commencement is canceled or post- tion should immediately return the travel penses in assisting the Secretary in carrying poned indefinitely, the traveler should im- advance to the Senate Disbursing Office. out his duties . . .

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.062 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11470 CONGRESSIONAL RECORD — SENATE December 7, 2006 (e) Office of the Sergeant at Arms and (i) The total of the expenses on a travel submitted for the airfare, train, and bus Doorkeeper of the Senate (2 U.S.C. 61f–1a) voucher shall be offset by the amount of the tickets, and rental car expenses charged to (1) For the purpose of carrying out his du- corresponding travel advance, providing for this account. ties, the Sergeant at Arms and Doorkeeper the payment (or repayment) of the difference (b) Other transportation costs, per diem of the Senate is authorized to incur official between the outstanding advance and the expenses, and incidentals are not authorized travel expenses during each fiscal year not total of the official travel expenses. charges for these accounts unless expressly to exceed sums made available for such pur- (ii) In those cases when a travel advance authorized by these regulations or through pose under appropriations Acts. With the ap- has been paid, every effort should be made to prior approval from the Committee on Rules proval of the Sergeant at Arms and Door- submit to the Senate Disbursing Office a cor- and Administration. keeper of the Senate and in accordance with responding travel voucher within twenty-one (c) Timely payment of these Centrally such regulations as may be promulgated by (21) days of the conclusion of such official Billed travel accounts is the responsibility of the Senate Committee on Rules and Admin- travel. the cardholder, usually the Office Manager istration, the Secretary of the Senate is au- (iii) Travel Advances for official Senate or Chief Clerk of the office. The General thorized to advance to the Sergeant at Arms travel shall be repaid within 30 days after Services Administration contract requires or to any designated employee under the ju- completion of travel. Anyone with an out- payment to the account within 60 days be- risdiction of the Sergeant at Arms and Door- standing travel advance at the end of the 30 fore suspension is enforced on the account. keeper, such sums as may be necessary to de- day period will be notified by the Senate Dis- The account is cancelled and the card- fray official travel expenses incurred in car- bursing Office that they must repay within holder’s credit is revoked when a past due rying out the duties of the Sergeant at Arms 15 days, or their salary may be garnisheed in balance is carried on the card for 120 days. and Doorkeeper. The receipt of any such sum order to satisfy their indebtedness to the (3) A centrally billed account may be es- so advanced to the Sergeant at Arms and Federal Government. tablished through the approved Senate ven- Doorkeeper or to any designated employee (iv) In those instances when a travel ad- dor (currently the Combined Airlines Ticket shall be taken and passed by the accounting vance has been paid for a scheduled trip Office (CATO)) and will be charged against officers of the Government as a full and suf- which prior to commencement is cancelled an account number issued to each designated ficient voucher; but it shall be the duty of or postponed indefinitely, the traveler in office; there are no charge cards issued for the traveler, as soon as practicable, to fur- question should immediately return the such an account. nish to the Secretary of the Senate a de- travel advance to the Senate Disbursing Of- III. Foreign Travel tailed voucher of the expenses incurred for fice. A. Reimbursement of foreign travel ex- the travel to which the sum was so advanced, (e) Limits— penses is not authorized from the contingent and make settlement with respect to such (i) To minimize the payment of travel ad- fund of Member offices. sum. Payments under this section shall be vances, whenever possible, travelers are ex- B. Committees, including all standing, se- made from funds included in the appropria- pected to utilize the corporate and indi- lect, and special committees of the Senate tions account, within the contingent fund of vidual travel cards approved by the Com- and all joint committees of the Congress the Senate, for the Sergeant at Arms and mittee on Rules and Administration. whose funds are disbursed by the Secretary Doorkeeper of the Senate, upon vouchers ap- (ii) The amount authorized for each travel of the Senate, are authorized funds for for- proved by the Sergeant at Arms and Door- advance should not exceed the estimated eign travel from their committee budget and keeper. total of official out-of-pocket travel expenses through S. Res. 179, 95–1, notwithstanding (Committee on Rules and Administration for the trip in question. Congressional Delegations which are author- Regulations for Travel Advances for the Of- (iii) The minimum travel advance that can ized foreign travel funds under the authority fice of the Senate Sergeant at Arms) be authorized for official travel expenses is of the Mutual Security Act of 1954 (22 U.S.C. (a) General.—With the written approval of $200. No more than two (2) cash advances per 1754). the Sergeant at Arms or designee, advances traveler may be outstanding at any one C. (Restrictions)—amendment to Rule from the contingent expense appropriation time. XXXIX of the Standing Rules of the Senate, account for the Office of the Sergeant at 2. Government Travel Plans pursuant to S. Res. 80, agreed to January 28, Arms may be provided to the Sergeant at (a) Government Charge Cards 1987. Arms or the Sergeant at Arms’ staff to de- (1) Individual government charge cards au- 1. (a) Unless authorized by the Senate (or by fray official travel expenses, as defined by thorized by the General Services Administra- the President of the United States after an ad- the U.S. Senate Travel Regulations. Staff is tion and approved by the Committee on journment sine die), no funds from the United defined as those individuals whose salaries Rules and Administration are available to States Government (including foreign currencies are funded by the line item within the ‘‘Sala- Members, Officers, and employees of the Sen- made available under section 502(b) of the Mu- ries, Officers, and Employees’’ appropriation ate for official travel expenses. tual Security Act of 1954 (22 U.S.C. 1754(b), as account for the Office of the Sergeant at (a) The employing Senator, chairman, or amended) shall be received by any Member of Arms. Officer of the Senate should authorize only the Senate whose term will expire at the end of (b) Forms—Travel advance request forms those staff who are or will be frequent trav- a Congress after— shall include the date of the request, the elers. The Committee on Rules and Adminis- (1) the date of the general election in which name of the traveler, the dates of the official tration reserves the right to cancel the an- his successor is elected; or travel, the intended itinerary, the author- nual renewal of the card if the employee has (2) in the case of a Member who is not a can- izing signature of the Sergeant at Arms or not traveled on official business during the didate in such general election, the earlier of the his designee, and a staff person designated previous year. date of such general election or the adjournment with signature authority. (b) All reimbursable travel expenses may sine die of the second regular session of that (c) Payment of Advances— be charged to these accounts including but Congress. (i) Travel advances shall be paid prior to not limited to per diem expenses and (b) The travel restrictions provided by sub- the commencement of official travel in the incidentals. Direct pay vouchers to the paragraph (a) with respect to a Member of the form of cash, direct deposit, or check. charge card vendor (currently Bank of Amer- Senate whose term will expire at the end of a (ii) Advances in the form of cash shall be ica) may be submitted for the Airfare, train, Congress shall apply to travel by— picked up only in the Senate Disbursing Of- and bus tickets charged to this account. All (1) any employee of the Member; fice and will be issued only to the person other travel charges on the account must be (2) any elected Officer of the Senate whose traveling (photo ID required), with excep- paid to the traveler for him/her to personally employment will terminate at the end of a Con- tions being made for Members and elected reimburse the charge card vendor. gress; and Officers of the Senate. The traveler (or the (c) Timely payment of these Individually (3) any employee of a committee whose em- individual receiving the advance in the case Billed travel accounts is the responsibility of ployment will terminate at the end of a Con- of a travel advance for a Member or elected the cardholder. The General Services Admin- gress. Officer of the Senate) will sign the travel ad- istration contract requires payment to the 2. No Member, Officer, or employee engaged in vance form to acknowledge receipt of the account within 60 days before suspension is foreign travel may claim payment or accept cash. enforced on the account. The account is can- funds from the United States Government (in- (iii) In no case shall a travel advance in the celled and the cardholder’s credit is revoked cluding foreign currencies made available under form of cash be paid more than seven (7) cal- when a past due balance is carried on the section 502(b) of the Mutual Security Act of 1954 endar days prior to the commencement of of- card for 120 days. (22 U.S.C. 1754(b)) for any expense for which ficial travel. In no case shall a travel ad- (2) One Centrally Billed government charge the individual has received reimbursement from vance in the form of a direct deposit or account authorized by the General Services any other source; nor may such Member, Offi- check be paid more than fourteen (14) days Administration and approved by the Com- cer, or employee receive reimbursement for the prior to the commencement of official trav- mittee on Rules and Administration are same expense more than once from the United el. Requests for travel advances in the form available to each Member, Committee, and States Government. No Member, Officer, or em- of a direct deposit or check should be re- Administrative Office for official transpor- ployee shall use any funds furnished to him ceived by the Senate Disbursing Office no tation expenses in the form of airfare, train, [her] to defray ordinary and necessary expenses less than five (5) calendar days prior to the and bus tickets, and rental cars. of foreign travel for any purpose other than the commencement of official travel. (a) Direct pay vouchers to the charge card purpose or purposes for which such funds were (d) Repayment of Advances— vendor (currently Bank of Americe) may be furnished.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.065 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11471 3. A per diem allowance provided a Member, (c) Prince Georges (1. Train Accommodations Officer, or employee in connection with foreign (3. Virginia Counties of (a) Sleeping-car accommodations: The low- travel shall be used solely for lodging, food, and (a) Arlington est first class sleeping accommodations related expenses and it is the responsibility of (b) Fairfax available shall be allowed when night travel the Member, Officer, or employee receiving such (c) Loudoun is involved. When practicable, through sleep- an allowance to return to the United States (d) Prince William ing accommodations should be obtained in Government that portion of the allowance re- 4. Virginia Cities of all cases where more economical to the Sen- ceived which is not actually used for necessary (a) Alexandria ate. lodging, food, and related expenses. (b) Fairfax (b) Parlor-car and coach accommodations: IV. Reimbursable Expenses: Travel ex- (c) Falls Church One seat in a sleeping or parlor car will be (d) Manassas penses (i.e., transportation, lodging, meals allowed. Where adequate coach accommoda- (e) Manassas Park and incidental expenses) which will be reim- tions are available, coach accommodations 5. Airport locations of should be used to the maximum extent pos- bursed are limited to those expenses essen- (a) Baltimore/Washington International sible, on the basis of advantage to the Sen- tial to the transaction of official business Thurgood Marshall Airport while away from the official station or post (b) Ronald Reagan Washington National ate, suitability and convenience to the trav- of duty. Airport eler, and nature of the business involved. (2. Airplane Accommodations A. Member Duty Station(s): The official (c) Washington Dulles International Air- (a) First-class and air-coach accommoda- duty station of Senate Members shall be con- port tions: It is the policy of the Senate that per- sidered to be the metropolitan area of Wash- F. When the legislative business of the sons who use commercial air carriers for ington, DC. Senate requires that a Member be present, transportation on official business shall use 1. During adjournment sine die or the Au- then the round trip actual transportation ex- less than first-class accommodations instead gust adjournment/recess period, the usual penses incurred in traveling from the city of those designated first-class with due replace of residence in the home state, as cer- within the United States where the Member gard to efficient conduct of Senate business tified for purposes of official Senate travel, is located to Washington, D.C., may be reim- and the travelers’ convenience, safety, and shall also be considered a duty station. bursed from official Senate funds. 2. Each Member shall certify in writing at G. Any deviation from this policy will be comfort. (b) Use of United States-flag air carriers: the beginning of each Congress to the Senate considered on a case by case basis upon the All official air travel shall be performed on Disbursing Office his/her usual place of resi- written request to, and approval from, the United States-flag air carriers except where dence in the home state; such certification Committee on Rules and Administration. document shall include a statement that the V. Travel Expense Reimbursement Vouch- travel on other aircraft (1) is essential to the Senator has read and agrees to the pertinent ers official business concerned, or (2) is nec- travel regulations on permissible reimburse- A. All persons authorized to travel on offi- essary to avoid unreasonable delay, expense, ments. cial business for the Senate should keep a or inconvenience. 3. For purposes of this provision, ‘‘usual memorandum of expenditures properly B. Change in Travel Plans: When a traveler place of residence’’ in the home state shall chargeable to the Senate, noting each item finds he/she will not use accommodations encompass the area within thirty-five (35) at the time the expense is incurred, together which have been reserved for him/her, he/she miles of the residence (by the most direct with the date, and the information thus ac- must release them within the time limits route). If a Member has no ‘‘usual place of cumulated should be made available for the specified by the carriers. Likewise, where residence’’ in his/her home state, he/she may proper preparation of travel vouchers which transportation service furnished is inferior designate a ‘‘voting residence,’’ or any other must be itemized on an official expense sum- to that called for by a ticket or where a jour- ‘‘legal residence,’’ pursuant to state law (in- mary report and stated in accordance with ney is terminated short of the destination cluding the area within thirty-five (35) miles these regulations. The official expense sum- specified, the traveler must report such facts of such residence), as his/her duty station. mary report form is available at the Senate to the proper official. Failure of travelers to B. Officer and Employee Duty Station Disbursing Office or through the Senate take such action may subject them to liabil- 1. In the case of an officer or employee, re- Intranet. ity for any resulting losses. 1. ‘‘No show’’ charges, if incurred by Mem- imbursement for official travel expenses B. Computer generated vouchers should be bers or staff personnel in connection with of- other than interdepartmental transportation submitted with a signed original. Every trav- ficial Senate travel, shall not be considered shall be made only for trips which begin and el voucher must show in the space provided payable or reimbursable from the contingent end in Washington, DC, or, in the case of an for such information on the voucher form fund of the Senate. employee assigned to an office of a Senator the dates of travel, the official travel 2. Senate travelers exercising proper pru- in the Senator’s home state, on trips which itinerary, the value of the transportation, dence can make timely cancellations when begin and end at the place where such office per diem expenses, incidental expenses, and necessary in order to avoid ‘‘no show’’ as- is located. conference/training fees incurred. sessments. 2. Travel may begin and/or end at the Sen- C. Travel vouchers must be supported by C. Compensation Packages: In the event ate traveler’s residence when such deviation receipts for expenses in excess of $50. In addi- that a Senate traveler is denied passage or from the duty station locale is more advan- tion, the Committee on Rules and Adminis- gives up his/her reservation due to over- tageous to the government. tration reserves the right to request addi- booking on transportation for which he/she 3. For purposes of these regulations, the tional clarification and/or certification upon held a reservation and this results in a pay- ‘‘duty station’’ shall encompass the area the audit of any expense seeking reimbursement of any rebate, this payment shall not within thirty-five (35) miles from where the ment from the contingent fund of the Senate be considered as a personal receipt by the Senator’s home state office or designated regardless of the expense amount. traveler, but rather as a payment to the Sen- duty station is located. D. When presented independently, credit ate, the agency for which and at whose ex- C. No employee of the Senate, relative or card receipts such as VISA, MASTER pense the travel is being performed. supervisor of the employee may directly ben- CHARGE, or DINERS CLUB, etc. are not ac- 1. Such payments shall be submitted to the efit monetarily from the expenditure of ap- ceptable documentation for lodging. If a appropriate individual for the proper disposi- propriated funds which reimburse expenses hotel bill is lost or misplaced, then the cred- tion when the traveler submits his/her ex- associated with official Senate travel. There- it card receipt accompanied by a certifying pense account. fore, reimbursements are not permitted for letter from the traveler to the Financial 2. Through fares, special fares, commuta- mortgage payments, or rental fees associated Clerk of the Senate will be considered nection fares, excursion, and reduced-rate round with any type of leasehold interest. essary documentation. Such letter must D. A duty station for employees, other trip fares should be used for official travel itemize the total expenses in support of the than Washington, DC, may be designated by when it can be determined prior to the start credit card receipt. Members, Committee Chairmen, and Officers of a trip that any such type of service is of the Senate upon written designation of TRANSPORTATION EXPENSES practical and economical to the Senate. such station to the Senate Disbursing Office. I. Common Carrier Transportation and Ac- 3. Round-trip tickets should be secured Such designation shall include a statement commodations only when, on the basis of the journey as that the Member or Officer has read and A. Transportation includes all necessary planned, it is known or can be reasonably an- agrees to the pertinent travel regulations on official travel on railroads, airlines, heli- ticipated that such tickets will be utilized. permissible reimbursements. The duty sta- copters, buses, streetcars, taxicabs, and D. Ticket Preparation Fees: Each Chair- tion may be the city of the office location or other usual means of conveyance. Transpor- man, Senator, or Officer of the Senate may, the city of residence. tation may include fares and such expenses at his/her discretion, authorize in extenu- E. For purposes of these regulations, the incidental to transportation such as but not ating circumstances the reimbursement of metropolitan area of Washington, DC, shall limited to baggage transfer. When a claim is penalty fees associated with the cancellation be defined as follows: made for common carrier transportation ob- of through fares, special fares, commutation 1. The District of Columbia tained with cash, the travel voucher must fares, excursion, reduced-rate round trip 2. Maryland Counties of show the amount spent, including Federal fares and fees for travel arrangements, pro- (a) Charles transportation tax, and the mode of trans- vided that reimbursement of such fees offers (b) Montgomery portation used. the best value and does not exceed $30.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.067 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11472 CONGRESSIONAL RECORD — SENATE December 7, 2006 E. Frequent Flyer Miles: Travel pro- or equal to the amount the traveler would be allowed only to the extent that the fee, motional awards (e.g. free travel, travel dis- have been reimbursed had the witness de- plus the allowable mileage reimbursement, counts, upgrade certificates, coupons, fre- parted from and returned to his/her duty sta- to and from the terminal or other parking quent flyer miles, access to carrier club fa- tion or residence. area, does not exceed the estimated cost for cilities, and other similar travel promotional II. Baggage use of a taxicab to and from the terminal. items) obtained by a Member, officer or em- A. The term ‘‘baggage’’ as used in these 6. Mileage for use of privately owned air- ployee of the Senate while on official travel regulations means Senate property and per- planes shall be certified from airway charts may be utilized for personal use at the dis- sonal property of the traveler necessary for issued by the National Oceanic and Atmos- cretion of the Member or officer pursuant to the purposes of the official travel. pheric Administration, Department of Com- this section. B. Baggage in excess of the weight or of merce, and will be reported on the reim- 1. Travel Awards may be retained and used size greater than carried free by transpor- bursement voucher and used in computing at the sole discretion of the Member or offi- tation companies will be classed as excess payment. If a detour was necessary due to cer only if the Travel Awards are obtained baggage. Where air-coach or air-tourist ac- adverse weather, mechanical difficulty, or under the same terms and conditions as commodations are used, transportation of other unusual conditions, the additional air those offered to the general public and no fa- baggage up to the weight carried free on mileage may be included in the mileage re- vorable treatment is extended on the basis of first-class service is authorized without ported on the reimbursement voucher and, if the Member, officer or employee’s position charge to the traveler; otherwise excess bag- included, it must be explained. with the Federal Government. gage charges will be an allowable expense. 7. Mileage shall be payable to only one of 2. Members, officers and employees may C. Necessary charges for the transfer of two or more employees traveling together on only retain Travel Awards for personal use baggage will be allowed. Charges for the the same trip and in the same vehicle, but no when such Travel Awards have been obtained storage of baggage will be allowed when such deduction shall be made from the mileage at no additional cost to the Federal Govern- storage was solely on account of official otherwise payable to the employee entitled ment. It should be noted that any fees as- business. Charges for porters and checking thereto by reason of the fact that other pas- sessed in connection with the use of Travel baggage at transportation terminals will be sengers (whether or not Senate employees) Awards shall be considered a personal ex- allowed. may travel with him/her and contribute in pense of the Member, officer or employee and III. Use of Conveyances: When authorized defraying the operating expenses. The names under no circumstances shall be paid for or by the employing Senator, Chairman, or Of- of Senate Members or employees accom- reimbursed from official funds. ficer of the Senate, certain conveyances may panying the traveler must be stated on the 3. Although this section permits Members, be used when traveling on official Senate travel voucher. officers and employees of the Senate to use business. Specific types of conveyances are 8. When damages to a privately owned ve- Travel Awards at the discretion of the Mem- privately owned, special, and private air- hicle occur due to the negligent or wrongful ber or officer, the Committee encourages the plane. act or omission of any Member, Officer, or use of such Travel Awards (whenever prac- A. Privately Owned employee of the Senate while acting within ticable) to offset the cost of future official 1. Chairmen of committees, Senators, Offi- the scope of his/her employment, relief may travel. cers of the Senate, and employees, regardless be sought under the Federal Tort Claims F. Indirect Travel: In case a person, for his/ of subsistence status and hours of travel, Act. Information on who to contact will go her own convenience, travels by an indirect shall, whenever such mode of transportation here. B. Special route or interrupts travel by direct route, is authorized or approved as more advantageous to the Senate, be paid the appro- 1. General: the extra expense will be borne by the trav- (a) The hire of boat, automobile, aircraft, priate mileage allowance in lieu of actual ex- eler. Reimbursement for expenses shall be al- or other conveyance will be allowed if au- penses of transportation. This amount lowed only on such charges as would have thorized or approved as advantageous to the should not exceed the maximum amount au- been incurred by the official direct route. Senate whenever the Member or employee is thorized by statute for use of privately Personal travel should be noted on the trav- engaged on official business outside his/her owned motorcycles, automobiles, or air- eler’s expense summary report when it inter- designated duty station. rupts official travel. planes, when engaged in official business (b) Where two or more persons travel to- G. Public Transportation During Official within or outside their designated duty sta- gether by means of such special conveyance, Travel: Transportation by bus, streetcar, tions. It is the responsibility of the office to that fact, together with the names of those subway, or taxicab, when used in connection fix such rates, within the maximum, as will accompanying him/her, must be stated by with official travel, will be allowed as an of- most nearly compensate the traveler for nec- each traveler on his/her travel voucher and ficial transportation expense. essary expenses. the aggregate cost reimbursable will be sub- H. Dual Purpose Travel: Dual purpose trav- 2. In addition to the mileage allowance ject to the limitation stated above. el occurs when a Senator, staffer, or other there may be allowed reimbursement for the (c) If the hire of a special conveyance in- official traveler conducts both Senatorial of- actual cost of automobile parking fees (ex- cludes payment by the traveler of the inci- fice business and Committee office business cept parking fees associated with com- dental expenses of gasoline or oil, rent of ga- during the same trip. The initial point at muting); ferry fees; bridge, road, and tunnel rage, hangar, or boathouse, subsistence of which official business is conducted will de- costs; and airplane landing and tie-down operator, ferriage, tolls, operator waiting termine the fund which will be charged for fees. time, charges for returning conveyances to travel expenses from and to Washington, DC. 3. When transportation is authorized or ap- the original point of hire, etc., the same Examples include: proved for motorcycles or automobiles, mile- should be first paid, if practicable, by the 1. If committee business is conducted at age between points traveled shall be certified person furnishing the accommodation, or his/ the first stop in the trip, travel expenses by the traveler. Such mileage should be in her operator, and itemized in the bill. from Washington, DC, to said point and re- accordance with the Standard Highway Mile- 2. Rental Cars: turn will be chargeable to the committee’s age Guide. Any substantial deviations shall (a) In no case may automobiles be hired for funds. Additional travel expenses from said be explained on the reimbursement voucher. use in the metropolitan area of Washington, point to other points in the United States, 4. In lieu of the use of taxicab, payment on DC, by anyone whose duty station is Wash- incurred by reason of conducting senatorial a mileage basis at a rate not to exceed the ington, DC. business, will be charged to the Senators’ Of- maximum amount authorized by statute will (b) Reimbursements for rental of special ficial Personnel and Office Expense Account. be allowed for the round-trip mileage of a conveyances will be limited to the cost ap- 2. If senatorial business is conducted at the privately owned vehicle used in connection plicable to a conveyance of a size necessary first stop in the trip, travel expenses from with an employee going from either his/her for a single traveler regardless of the number Washington, DC, to said point and return place of abode or place of business to a ter- of authorized travelers transported by said will be chargeable to the Senators’ Official minal or from a terminal to either his/her vehicle, unless the use of a larger class vehi- Personnel and Office Expense Account. Com- place of abode or place of business: Provided, cle on a shared cost basis is specifically ap- mittee funds will be charged with any addi- that the amount of reimbursement for proved in advance by the Committee on tional travel expenses incurred for the pur- round-trip mileage shall not in either in- Rules and Administration, or the form Re- pose of performing committee business. stance exceed the taxicab fare for a one-way quest for a Waiver of the Travel Regulations’ I. Interrupted Travel: If a traveler inter- trip between such applicable points, notwith- is submitted with the voucher, and found in rupts official travel for personal business, standing the obligations of reasonable sched- order upon audit by the Rules Committee. the traveler may be reimbursed for transpor- ules. (c) For administrative purposes, reim- tation expenses incurred which are less than 5. Parking Fees: Parking fees for privately bursement may be payable to only one of or equal to the amount the traveler would owned vehicles may be incurred in the duty two or more Senate travelers traveling to- have been reimbursed had he/she not inter- station when the traveler is engaged in gether on the same trip and in the same ve- rupted travel for personal business. Like- interdepartmental transportation or when hicle. wise, if a traveler departs from or returns to the traveler is leaving their duty station and (d) Government Rate: In connection with a city other than the traveler’s duty station entering into a travel status. The fee for the hire of an automobile for the use in con- or residence for personal business, then the parking a vehicle at a common carrier ter- ducting Senate business outside of Wash- traveler may be reimbursed for transpor- minal, or other parking area, while the trav- ington, DC, it should be noted that the Mili- tation expenses incurred which are less than eler is away from his/her official station, will tary Traffic Management Command (MTMC),

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.069 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11473 a division of the Department of Defense, ar- In some circumstances, a Member who uses a only for the incidental transportation ex- ranges all rental car agreements for the gov- private airplane is required to reimburse the penses incurred within the duty station in ernment. provider of the aircraft to avoid either a prohib- the course of conducting official Senate busi- (1) These negotiated car rental rates are ited gift under the Senate Gift Rule or a prohib- ness. Such reimbursement would include the for federal employees traveling on official ited in-kind contribution to an unofficial office following expenses: business and include unlimited mileage, plus account. Senate Rule 38 (Prohibition of Unoffi- 1. Mileage when using a privately owned full comprehensive and collision coverage cial Office Accounts), generally prohibits pri- vehicle (CDW) on rented vehicles at no cost to the vate sources from providing funds or services to 2. Bus, subway, taxi-cab, parking, and auto traveler. defray a Member’s officially related expenses. rental. (However, reimbursement is prohib- (2) For guidance on rate structure and the Thus, if a friend offers to loan a Member an air- ited for auto rental expenses within the companies participating in these rate agree- craft to attend town meetings across the Mem- Washington D.C., metropolitan area duty ments, call the approved Senate vendor (cur- ber’s home state, the Member must reimburse for station.) rently the Combined Airline Ticket Office the use of the aircraft to comply with Rule 38. B. Pursuant to S. Res. 294, agreed to April (CATO)). Senate Rule 35 (Gifts) prohibits Members from 29, 1980, section 2.(1), reimbursements and (3) Individuals traveling on behalf of the accepting from an individual or organization payments shall not be made for commuting United States Senate should use these com- with a direct interest in legislation, gifts aggre- expenses, including parking fees incurred in panies to the maximum extent possible since gating over $100 in a calendar year (The rule commuting. these agreements provide full coverage with also prohibits gifts aggregating $300 per cal- SUBSISTENCE EXPENSES no extra fee. The Senate will not pay for sep- endar year from anyone who is not a relative). I. Per Diem Expenses arate insurance charges; therefore, any indi- Thus, if a lobbyist offers a Member the use of A. Allowance viduals who choose to use non-participatory his airplane to fly the Member on a vacation 1. Per diem expenses include all charges for car rental agencies may be personally re- trip, and if the value of the use of the airplane meals, lodging, personal use of room during sponsible for any damages or liability ac- is over $100, the member must provide reimburse- daytime, baths, all fees and tips to waiters, crued while on official Senate business. ment to comply with Rule 35. porters, baggagemen, bell boys, hotel serv- (e) Insurance: In connection with the rent- In most circumstances, where reimbursement ants, dining room stewards and others on al of vehicles from commercial sources, the is not required, the Member will still need to de- vessels, laundry, cleaning and pressing of Senate will not pay or reimburse for the cost termine the value of the use of the aircraft be- clothing, and fans in rooms. The term ‘‘lodg- of the loss/damage waiver (LDW), collision cause, if the value is $250 or more, the use of the ing’’ does not include accommodations on damage waiver (CDW) or collision damage aircraft must be disclosed on the Member’s an- airplanes or trains, and these expenses are insurance available in commercial rental nual financial disclosure forms. not subsistence expenses. contracts for an extra fee. In determining the value of an item for both (a) Laundry: Laundry expenses must be in- (1) The waiver or insurance referred to is reimbursement and disclosure purposes, the curred during the mid-way point of a trip. the type offered a renter to release him/her Committee has consistently stated that the ap- Reimbursable laundry expenses are for the from liability for damage to the rented vehi- plicable standard is the value of the item to the refreshing of clothing during a trip, but not cle in amounts up to the amount deductible recipient. In the use of private aircraft, the the maintenance of the clothing. on the insurance included as part of the rent- Committee concluded that the value to a Mem- (b) Meals: Reimbursable expenses incurred al contract without additional charge. ber would be the cost he would have to incur to for meals while on official travel include (2) The cost of personal accident insurance purchase the same level of service in the open meals and tips for the traveler only and may is a personal expense and is not reimburs- market. The Committee felt that the level of not include alcohol. able. service generally provided in using private air- 2. Per diem expenses will not be allowed an (3) Accidents While On Official Travel: Col- craft is most nearly equivalent to first-class employee at his/her permanent duty station lision damage to a rented vehicle, for which service provided by commercial carriers where and will be allowed only when associated the traveler is liable while on official busi- such commercial service is available. Where no with round trip travel outside his/her perma- ness, will be considered an official travel ex- regularly scheduled commercial service is avail- nent duty station. pense of the Senate up to the deductible able, to obtain the same service provided by the (a) Training: Meals in the duty station are amount contained in the rental contract. use of a private aircraft, a Member would be re- only reimbursable when they are incurred Such claims shall be considered by the Ser- quired to charter an airplane. during a training session. If the cost of the geant at Arms of the Senate on a case by RULING: The Committee has agreed on the meal is included in the training session, then case basis and, when authorized, settled from following method for calculating the value of a meal certification form should be included the contingent fund of the Senate under the the use of an aircraft for both reimbursement with the voucher. The Committee on Rules line item—Reserve for Contingencies. This is and disclosure: and Administration will consider these on a consistent with the long- standing policy of 1. If the cities between which the Member is case by case basis. Meal certification forms the government to self-insure its own risks flying have regularly scheduled air service, re- are available at the Disbursing Office or on of loss or damage to government property gardless of whether such service is direct, then the Senate intranet. and the liability of government employees the value of the use of the aircraft is the cost of (1) Training is defined as a planned, pre- for actions within the scope of their official a first-class ticket from the point of departure to pared, and coordinated program, course, cur- duties. the destination. riculum, subject, system, or routine of in- (4) However, when damages to a rented ve- 2. If the cities have regularly scheduled air struction or education, in scientific, profes- hicle occurs due to the negligent or wrongful service, but only standard (coach) rate, then the sional or technical fields which are or will be act or omission of any Member, Officer, or value of the use of the aircraft is the coach rate. directly related to the performance by the employee of the Senate while acting within 3. If either the city from which the Member employee of official duties for the Senate, in the scope of his/her employment, relief may flies or his destination does not have regularly order to increase the knowledge, proficiency, be sought under the Federal Tort Claims scheduled air service, then the value of the use ability, skill and qualifications of the em- Act. of the aircraft is the cost of chartering the same ployee in the performance of official duties. 3. Charter Aircraft: or a similar aircraft for that flight. (2) Meetings in the duty station where (a) Reimbursements for charter aircraft The Committee notes that its ruling is gen- meals are served, such as but not limited to will be limited to the charges for a twin-en- erally consistent with Federal Election Commis- Chamber of Commerce monthly meetings do gine, six seat plane, or comparable aircraft. sion regulations pertaining to the use of private not constitute training. Therefore, the meals Charter of aircraft may be allowed notwith- aircraft by candidates for Federal office. associated with these meetings are not an standing the availability of commercial fa- The Committee further notes that the Com- authorized reimbursable expense. cilities, if such commercial facilities are not mittee on Rules and Administration has adopted 3. In any case where the employee’s tour of such that reasonable schedules may be kept. travel regulations pertaining to the level of re- travel requires more than two months’ stay When charter aircraft if used, an explanation imbursement to be provided from official funds at a temporary duty station, consideration and detail of the size of the aircraft, i.e., to Members who seek such reimbursement for air should be given to either a change in official seating capacity and number of engines, transportation costs they have paid. Our ruling station or a reduction in the per diem allow- shall be provided on the face of the voucher. addresses only the reimbursement which Mem- ance. (b) In the event charter facilities are not bers must make to the individual or organiza- 4. Where for a traveler’s personal conven- available at the point of departure, reim- tion whose aircraft he uses, not the level of re- ience/business there is an interruption of bursement for charter from nearest point of imbursement Members may receive from official travel or deviation from the direct route, the such availability to the destination and re- funds. per diem expenses allowed will not exceed turn may be allowed. NOTE: The Gifts Rule limit discussed in this that which would have been incurred on un- (c) When a charter aircraft larger than a ruling has changed. But the method of calcu- interrupted travel by a usually traveled twin-engine, six seat plane is used, the form lating the value of the use of an aircraft re- route and the time of departure from and re- ’Request for a Waiver of the Travel Regula- mains the same. turn to official business shall be stated on tions’ is submitted with the voucher. IV. Interdepartmental Transportation the voucher. C. Private Airplane: Interpretative Ruling A. The reimbursement for interdepart- 5. Per diem expenses will be allowed of the Select Committee on Ethics, No. 412, mental transportation is authorized as a through the time the traveler departs on per- issued August 11, 1986 travel expense pursuant to 2 U.S.C. 58(e) but sonal business and will be recommenced at

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.070 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11474 CONGRESSIONAL RECORD — SENATE December 7, 2006 the time he/she returns to official business. (b) Total per diem for an official trip in- A. Prior approval for attendance by profes- Such dates and times shall be stated on the cludes lodging expenses (excluding taxes), sional staff at seminars, briefings, con- voucher. meals (including taxes and tips), and other ferences, etc., as well as committee funds B. Rates per diem expenses as defined by these regula- earmarked for training, will not be required 1. The per diem allowances provided in tions. when all of the following conditions are met: these regulations represent the maximum al- INCIDENTAL EXPENSES 1. The sponsoring organization has been lowance, not the minimum. It is the respon- I. Periodicals: Periodicals purchased while asked to waive or reduce the fee for Govern- sibility of each office to see that travelers in a travel status should be limited to news- ment participation. are reimbursed only such per diem expenses papers and news magazines necessary to stay 2. The fee involved (actual or reduced) is as are justified by the circumstances affect- informed on issues directly related to Senate not in excess of $500. ing the travel. Maximum rates for subsist- business. 3. The duration of the meeting does not ex- ence expenses are established by the General II. Traveler’s Checks/Money Orders: The ceed five (5) days. Services Administration and are published in service fee for preparation of traveler’s B. When such fees are less than or equal to the FEDERAL REGISTER. Maximum per checks or money orders for use during offi- $500, have a time duration of not more than diem rates for Alaska, Hawaii, the Common- cial travel is allowable. five (5) days, and have been requested to be wealth of Puerto Rico, and possessions of the III. Communications waived or reduced for Government participa- United States are established by the Depart- A. Communication services such as tele- tion, reimbursement shall be made as a non- ment of Defense and are also published in the phone, telegraph, and faxes, may be used on training, official travel expense. However, if FEDERAL REGISTER. In addition, per diem official business when such expeditious the fee or time duration for meetings is in rates for foreign countries are established by means of communications is essential. Gov- excess of the aforementioned, reimburse- the Department of State and are published in ernment-owned facilities should be used, if ment shall be made as an official training the document titled, ‘‘Maximum Travel Per practical. If not available, the cheapest prac- expense. Reimbursement shall not be al- Diem for Foreign Areas.’’ tical class of commercial service should be lowed for tuition or fees associated with (a) Per diem expenses reimbursable to a used. classes attended to earn credits towards an Member or employee of the Senate in con- B. Additionally, one personal telephone advanced degree or certification. nection with official travel within the conti- call will be reimbursed for each day that a C. If the fee or time duration for meetings nental United States shall be made on the Senator or staff member is in a travel status. is in excess of the aforementioned, advance basis of actual expenses incurred, but not to The calls may not exceed an average of five approval by the Committee on Rules and Ad- exceed the maximum rate prescribed by the minutes a day, and cannot be reimbursed at ministration must be sought. Training re- Committee on Rules and Administration for a rate higher than $5.00 without itemized quests should be received sufficiently in ad- each day spent in a travel status. Any por- documentation. vance of the training to permit appropriate tion of a day while in a travel status shall be IV. Stationery: Stationery items such as consideration by the Committee on Rules considered a full day for purposes of per diem pens, paper, batteries, etc. which are nec- and Administration. entitlement. essary to conduct official Senate business (b) When travel begins or ends at a point in D. The costs of meals that are considered while in a travel status are authorized. an integral, mandatory, and non-separable the continental United States, the maximum V. Conference Center/Meeting Room Res- per diem rate allowable for the portion of element of the conference, seminar, briefing, ervations: The fee for the reservation of a or class will be allowed as part of the attend- travel between such place and the place of meeting room, conference room, or business entry or exit in the continental United ance fee when certified by the registrant. center while on official travel is allowable. The meal certification forms which must ac- States shall be the maximum rate prescribed VI. Other: This category would be used company the reimbursement voucher are by the Committee on Rules and Administra- (with full explanation on the Expense Sum- available in the Disbursing Office or through tion for travel within the continental United mary Report for Travel) to disclose any ex- the Senate Intranet. States. However, the quarter day in which pense which would occur incidentally while III. Training of Administrative Offices travel begins, in coming from, or ends, in on official travel, and for which there is no Staff: The administrative approval of the going to, a point outside the continental other expense category, i.e., interpreting voucher is the only approval required by the United States may be paid at the rate appli- services, hotel taxes, baggage cart rental, Committee on Rules and Administration. cable to said point, if higher. etc. (c) In traveling between localities outside Training expenses of staff shall be limited to CONFERENCE AND TRAINING FEES the continental United States, the per diem those fees associated with the attendance by rate allowed at the locality from which trav- I. Training of Senators’ Office Staff: The staff at conferences, seminars, briefings, or el is performed shall continue through the Senators’ Official Personnel and Office Ex- classes which are or will be directly related quarter day in which the traveler arrives at pense Account is available to defray the fees to the performance of official duties. How- his/her destination: Provided, that if such associated with the attendance by the Sen- ever, reimbursement shall not be allowed for rate is not commensurate with the expenses ator or the Senator’s employees at con- tuition or fees associated with classes at- incurred, the per diem rate of the destina- ferences, seminars, briefings, or classes tended to earn credits towards an advanced tion locality may be allowed for the quarter which are or will be directly related to the degree or certification. performance of official duties. day of arrival. SPECIAL EVENTS (d) Ship travel time shall be allowed at not A. When such fees (actual or reduced) are I. Retreats: Reimbursement of official to exceed the maximum per diem rate pre- less than or equal to $500, have a time dura- travel expenses for office staff retreats is al- scribed by the Committee on Rules and Ad- tion of not more than five (5) days, and have lowable from the contingent fund provided ministration for travel within the conti- been asked to be waived or reduced for Gov- nental United States. ernment participation, reimbursement shall they follow the restrictions and authoriza- C. Computations be made as an official travel expense. How- tions in these regulations. Reimbursement of 1. The date of departure from, and arrival ever, if the fee or time duration for meetings expenses for meeting rooms and equipment at, the official station or other point where is in excess of the aforementioned, reim- used during the retreat also is allowable. The official travel begins and ends, must be bursement shall be made as a non-travel ex- vouchers for retreat expenses should be shown on the travel voucher. Other points pense. noted as retreat vouchers. visited should be shown on the voucher but B. Reimbursement shall not be allowed for A. Discussion of Interpretative Ruling of date of arrival and departure at these points tuition or fees associated with classes at- the Select Committee on Ethics, No. 444, need not be shown. tended to earn credits towards an advanced issued February 14, 2002 2. For computing per diem allowances offi- degree or certification. An office retreat may be paid for with either cial travel begins at the time the traveler C. The costs of meals that are considered or both official funds (with Rules Committee ap- leaves his/her home, office, or other point of an integral, mandatory and non-separable proval) or principal campaign committee funds. departure and ends when the traveler returns element of the conference, seminar, briefing, Private parties may not pay expenses incurred to his/her home, office, or other point at the or class will be allowed as part of the attend- in connection with an office retreat. Campaign conclusion of his/her trip. ance fee when certified by the registrant. workers may attend, at campaign expense, office (a) The maximum allowable per diem for The meal certification form, which must ac- retreats if their purpose in attending is to en- an official trip is computed by multiplying company the reimbursement voucher, is gage in official activities, such as providing the number of days on official travel, begin- available in the Disbursing Office or through feedback from constituents on legislative or rep- ning with the departure date, by the max- the Senate Intranet. resentational matters. imum daily rate as prescribed by the Com- II. Training of Committee Employees: Sec- B. When processing direct pay vouchers mittee on Rules and Administration. If the tion 202 (j) of the Legislative Reorganization payable either to each individual traveler or maximum daily rate for a traveler’s destina- Act of 1946 provides for the expenditure of to the vendor providing the retreat accom- tion is higher than the prescribed daily rate, funds available to standing committees of modations, prior approval by the Committee then the form ‘‘Request for a Waiver of the the Senate for the training of professional on Rules and Administration is not required. Travel Regulations’’ must be submitted with staff personnel under certain conditions. It is Retreat expenses, including but not limited the voucher showing the maximum daily the responsibility of each committee to set to per diem, may be charged to the office’s rate for that location and found in order aside funds within its annual funding resolu- official centrally billed government travel upon audit by the Rules Committee. tion to cover the expenses of such training. charge card and paid on direct vouchers to

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.073 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11475 the charge card vendor. Any deviation from curred, approved by the Committee on Rules charges for inoculations which cannot be ob- this policy will be considered on a case by and Administration. tained through a federal dispensary when re- case basis upon the written request to, and (b) Official expenses means ordinary and nec- quired for official travel outside the limits of approval from, the Committee on Rules and essary business expenses in support of the Sen- the United States. Administration. ators’ official and representational duties. III. Hearing Expenses (committees only) C. Spreadsheet of Expenses Section 2. No reimbursement will be made from A. In connection with hearings held out- 1. The Member office, Committee, or Ad- the contingent fund of the Senate for any offi- side of Washington, D.C., committees are au- ministrative office, must attach to the re- cial expenses incurred under a Senator’s Official thorized to pay the travel expenses of official treat voucher(s) a spreadsheet detailing each Personnel and Office Expense Account, in ex- reporters having company offices in Wash- day of the retreat broken out by breakfast, cess of $50, unless the voucher submitted for ington, D.C., or in other locations, for trav- lunch, dinner, and lodging for each traveler such expenses is accompanied by documenta- eling to points outside the District of Colum- attending the retreat. tion, and the voucher is personally signed by bia or outside such other locations, provided: 2. For each traveler, the spreadsheet the Senator. 1. Said hearings are of such a classified or should list his/her duty station, additional Section 3. Official expenses of $50 or less must security nature that their transcripts can be per diem expenses incurred outside of the re- either be documented or must be itemized in suf- accomplished only by reporters having the treat, and any other retreat attendee the ficient detail so as to leave no doubt of the iden- necessary clearance from the proper federal traveler shared a room with during the re- tity of, and the amount spent for, each item. agencies; 2. Extreme difficulty is experienced in the treat. Any non-staff members attending the Items of a similar nature may be grouped to- retreat also should be detailed on the spread- procurement of local reporters; or gether in one total on a voucher, but must be 3. The demands of economy make the use sheet. The ‘‘Waiver of the Travel Regula- itemized individually on a supporting tions’’ form does not need to be attached to of Washington, D.C., reporters or traveling itemization sheet. reporters in another area highly advan- retreat voucher(s) for the sharing of rooms. Section 4. Travel expenses shall be subject to 3. The per diem expenses for staff members tageous to the Senate; and further provided, the same documentation requirements as other that should such hearings exceed five days in attending a retreat within their duty station official expenses, with the following exceptions: are not reimbursable but should be detailed duration, prior approval (for the payment of (a) Hotel bills or other evidence of lodging reporters’ travel expenses) must be obtained on the spreadsheet. All expenses for non-staff costs will be considered necessary in support of members attending the retreat are not reim- from the Committee on Rules and Adminis- per diem. tration. bursable, but their attendance at the retreat (b) Documentation will not be required for re- must be taken into account when computing IV. Witnesses Appearing Before the Senate imbursement of official travel in a privately (committees only) a per traveler cost on the spreadsheet. owned vehicle. 4. An example of this spreadsheet can be A. The authorized transportation expenses Section 5. No documentation will be required incurred and associated with a witness ap- found on the Senate Intranet. THIS IS NOT for reimbursement of the following classes of ex- pearing before the Senate at a designated CURRENTLY TRUE, BUT HOPEFULLY penses, as these are billed and paid directly place of examination pursuant to S. Res. 259, WILL BE BY PUBLICATION OF THESE through the Sergeant at Arms and Doorkeeper: agreed to August 5, 1987, will be those nec- REGULATIONS. (a) official telegrams and long distance calls II. Funerals: 2 USC 68–2 restricts reim- essary transportation expenses incurred in and related services; bursement from the contingent fund of the traveling from the witness’ place of resi- (b) stationery and other office supplies pro- Senate to those expenses that are intimately dence to the site of the Senate examination cured through the Senate Stationery Room for and directly connected with the routine leg- and the necessary transportation expenses use for official business. incurred in returning the witness to his/her islative process of the Senate. Pursuant to S. Section 6. The Committee on Rules and Ad- residence. Res. 458, agreed to October 4, 1984 and S. Res. ministration may require documentation for ex- B. If a witness departs from a city other 263, agreed to July 30, 1998, reimbursement penses incurred of $50 or less, or authorize pay- than the witness’ city of residence to appear for travel expenses incurred for attendance ment of expenses incurred in excess of $50 with- before the Senate or returns to a city other at funerals of individuals other than current out documentation, in special circumstances. than the witness’ city of residence after ap- or retired Senators by a Member, officer, or Section 7. Vouchers for the reimbursement of pearing before the Senate, then Senate com- employee of the Senate is not authorized. official travel expenses to a Senator, employee, mittees may reimburse the witness for trans- SENATORS’ OFFICE STAFF detailee pursuant to section 503(b)(3) of PL 96– portation expenses incurred which are less I. Legislative Authority (2 U.S.C. 58(e), as 465, or individual serving on a nominee rec- than or equal to the amount the committee amended) ommendation panel pursuant to 2 USC 58(h) would have reimbursed the witness had the (e) Subject to and in accordance with regula- shall be accompanied by an ‘‘Expense Summary witness departed from and returned to his/ tions promulgated by the Committee on Rules ReportuTravel’’ signed by such person. Vouch- her residence. Any deviation from this policy and Administration of the Senate, a Senator ers for the reimbursement to any such individual will be considered on a case by case basis and the employees in his office shall be reim- for official expenses other than travel expenses upon the written request to, and approval bursed under this section for travel expenses in- shall be accompanied by an ‘‘Expense Summary from, the Committee on Rules and Adminis- curred by the Senator or employee while trav- Report—Non-Travel’’ signed by such person. tration. eling on official business within the United C. Service fees for the preparation or mail- COMMITTEE AND ADMINISTRATIVE OFFICE STAFF States. The term ‘travel expenses’ includes ac- ing of passenger coupons for indigent or sub- tual transportation expenses, essential travel-re- (Includes all committees of the Senate, the poenaed witnesses testifying before Senate lated expenses, and, where applicable, per diem Office of the Secretary of the Senate, and the committees shall be considered reimbursable expenses (but not in excess of actual expenses). Office of the Sergeant at Arms and Door- for purposes of official travel. A Senator or an employee of the Senator shall keeper of the Senate) D. Transportation expenses for witnesses not be reimbursed for any travel expenses (other I. Legislative Authority (2 U.S.C. 68b) may be charged to the Committee’s official than actual transportation expenses) for any No part of the appropriations made under the centrally billed government travel charge travel occurring during the sixty days imme- heading ’Contingent Expenses of the Senate’ card and paid on direct vouchers to the diately before the date of any primary or gen- may be expended for per diem and subsistence charge card vendor. Additionally, per diem eral election (whether regular, special, or run- expenses (as defined in section 5701 of Title 5) at expenses for indigent witnesses may be off) in which the Senator is a candidate for pub- rates in excess of the rates prescribed by the charged to the Committee’s official govern- lic office (within the meaning of section 301(b) Committee on Rules and Administration; except ment charge card and paid on direct vouch- of the Federal Election Campaign Act of 1971), that (1) higher rates may be established by the ers to the charge card vendor. unless his candidacy in such election is Committee on Rules and Administration for V. Regulations Governing Payments and uncontested. For purposes of this subsection travel beyond the limits of the continental Reimbursements from the Senate Contingent and subsection 2(a)(6) of this section, an em- United States, and (2) in accordance with regu- Funds for Expenses of Senate Committees ployee in the Office of the President Pro Tem- lations prescribed by the Committee on Rules and Administrative Offices pore, Deputy President Pro Tempore, Majority and Administration of the Senate, reimburse- (Adopted by the Committee on Rules and Ad- Leader, Minority Leader, Majority Whip, Mi- ment for such expenses may be made on an ac- ministration on July 23, 1987, as authorized by nority Whip, Secretary of the Conference of the tual expense basis of not to exceed the daily rate S. Res. 258, 100th Congress, 1st session, these Majority, or Secretary of the Conference of the prescribed by the Committee on Rules and Ad- regulations supersede regulations adopted by Minority shall be considered to be an employee ministration in the case of travel within the the Committee on October 22, 1975, and April 30, in the office of the Senator holding such office. continental limits of the United States. 1981, as amended.) II. Regulations Governing Senators’ Offi- II. Incidental Expenses: The following Section 1. Unless otherwise authorized by law cial Personnel and Office Expense Accounts items may be authorized or approved when or waived pursuant to Section 6, herein, no pay- Adopted by the Committee on Rules and Ad- related to official travel: ment or reimbursement will be made from the ministration Pursuant to Senate Resolution 1. Commissions for conversion of currency contingent fund of the Senate for any official 170 agreed to September 19, 1979, as amended. in foreign countries. expenses incurred by any Senate committee Section 1. For the purposes of these regula- 2. Fees in connection with the issuance of (standing, select, joint, or special), commission, tions, the following definitions shall apply: passports, visa fees; costs of photographs for administrative office, or other authorized Senate (a) Documentation means invoices, bills, state- passports and visas; costs of certificates of activity whose funds are disbursed by the Sec- ments, receipts, or other evidence of expenses in- birth, health, identity; and affidavits; and retary of the Senate, in excess of $50, unless the

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.074 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11476 CONGRESSIONAL RECORD — SENATE December 7, 2006 voucher submitted for such expenses is accom- itemization sheet for petty cash expenses over COMMEMORATING THE 65TH panied by documentation, and the voucher is $50. ANNIVERSARY OF PEARL HARBOR certified by the properly designated staff mem- Section 9. Petty cash funds should be used for ber and approved by the Chairman or elected the following incidental expenses: Mr. KOHL. Mr. President, today I Senate Officer. The designation of such staff a) postage; rise to commemorate the 65th anniver- members for certification shall be done by means b) delivery expenses; sary of the bombing of the Pearl Har- of a letter to the Chairman of the Committee on c) interdepartmental transportation (reim- bor naval base, a dark day in our coun- Rules and Administration. ‘‘Official expenses,’’ bursements for parking, taxi, subway, bus, pri- try’s rich history, brightened only by for the purposes of these regulations, means or- vately owned automobile (p.o.a.), etc.; the courage and resolve of Americans dinary and necessary business expenses in sup- d) single copies of publications (not subscrip- soundly united to fight tyranny and port of a committee’s or administrative office’s tions); bring order to chaos. official duties. e) office supplies not available in the Senate We honor the memory of the service Section 2. Such documentation should consist Stationery Room; and men and women and civilians who fell of invoices, bills, statements, receipts, or other f) official telephone calls made from a staff evidence of expenses incurred, and should in- member’s residence or toll charges incurred defending our shores that day, and pay clude ALL of the following information: within a staff member’s duty station. tribute to the thousands who would a) date expense was incurred; Petty cash funds should not be used for the survive to rebuild, rearm, and lead our b) the amount of the expense; procurement of equipment. war effort abroad. Millions of Ameri- c) the product or service that was provided; Section 10. Committees are encouraged to cans, young and old, would join these d) the vendor providing the product or service; maintain a separate checking account only for brave men and women in factories, e) the address of the vendor; and the purpose of a petty cash fund and with a mills, in tanks and in trenches fighting f) the person or office to whom the product or balance not in excess of $300. under one flag for a common goal. service was provided. Section 11. Vouchers for the reimbursement of President Roosevelt’s day of infamy Expenses being claimed should reflect only official travel expenses to a committee chairman current charges. Original copies of documenta- has lived on in the minds of those who or member, officer, employee, contractor, bore witness to that day and in the tion should be submitted. However, legible fac- detailee, or witness shall be accompanied by an similes will be accepted. ‘‘Expense Summary Report—Travel’’ signed by hearts of the generations who have fol- Section 3. Official expenses of $50 or less must such person. Vouchers for the reimbursement to lowed. Every soldier, sailor, airman, either be documented or must be itemized in suf- any such individual for official expenses other and marine, fighting with our flag on ficient detail so as to leave no doubt of the iden- than travel expenses shall be accompanied by their shoulder, has been passed the tity of, and the amount spent for, each item. an ‘‘Expense Summary Report—Non-Travel’’ strength and courage of the service However, hotel bills or other evidence of lodging signed by such person. men and women that came before costs will be considered necessary in support of them. Every generation’s sacrifice is per diem expenses and cannot be itemized. APPENDIX A: THE FEDERAL TORT CLAIMS ACT Section 4. Documentation for services ren- Pursuant to the provisions of S. Res. 492, selfless and precious. dered on a contract fee basis shall consist of a agreed to December 10, 1982, the Sergeant at On this anniversary, let us remember contract status report form available from the Arms has the authority to consider and as- properly those who have served our Disbursing Office. However, other expenses au- certain and, with the approval of the Com- country in times of conflict and peace thorized expressly in the contract will be subject mittee on Rules and Administration, deter- and those serving our country today. mine, compromise, adjust, and settle, in ac- to the documentation requirements set forth in f these regulations. cordance with the provisions of chapter 171 Section 5. No documentation will be required of Title 28, United States Code (The Federal UNITED STATES CAPITOL HISTOR- for the following expenses: Tort Claims Act), any claim for money dam- ICAL SOCIETY’S 2006 FREEDOM a) salary reimbursement for compensation on ages against the United States for injury of AWARD a ‘‘When Actually Employed’’ basis; loss of property or personal injury or death b) reimbursement of official travel in a pri- caused by negligent or wrongful act or omis- Mr. WARNER. Mr. President, I seek vately owned vehicle; sion of any Member, Officer, or Employee of recognition today to congratulate na- c) foreign travel expenses incurred by official the Senate while acting within the scope of tional political correspondent and syn- congressional delegations, pursuant to S. Res. his/her employment. Any compromise, ad- dicated columnist David S. Broder on 179, 95th Congress, 1st session; justment, or settlement of any such claim being awarded the U.S. Capitol Histor- d) expenses for receptions of foreign dig- not exceeding $2,500 shall be paid from the ical Society’s 2006 Freedom Award. nitaries, pursuant to S. Res. 247, 87th Congress, contingent fund of the Senate on a voucher This award, presented annually by 2nd session, as amended; and approved by the Chairman of the Committee the Capitol Historical Society since e) expenses for receptions of foreign dig- on Rules and Administration. 1993, recognizes and honors individuals nitaries pursuant to Sec. 2 of P.L. 100–71 effec- Payments of awards, compromises, or set- and organizations that have advanced tive July 11, 1987. tlements in excess of $2,500 are obtained by Section 6. In special circumstances, the Com- the agency by referring the award, com- greater public understanding and ap- mittee on Rules and Administration may require promise, or settlement to the General Ac- preciation for freedom as represented documentation for expenses incurred of $50 or counting Office for payment. by the U.S. Capitol and Congress. less, or authorize payment of expenses incurred Appropriations or funds for the payment of Following the presentation of the in excess of $50 without documentation. judgments and compromises are made avail- award to Mr. Broder, retiring Architect Section 7. Cash advances from the Disbursing able for payment of awards, compromises, of the Capitol Alan M. Hantman’s offi- Office are to be used for travel and petty cash and settlements under the Federal Tort cial portrait was also unveiled. Both of expenses only. No more than $5000 may be out- Claims Act. these men made brief statements. I ask standing at one time for Senate committees or However, any award under the Federal unanimous consent to print in the administrative offices, unless otherwise author- Tort Claims Act in excess of $25,000 cannot RECORD the following thoughtful re- ized by law or resolution, and no more than $300 take effect except with the prior written ap- marks. of that amount may be used for a petty cash proval of the Attorney General. fund. The individual receiving the cash advance There being no objection, the mate- will be personally liable. The Committee on f rial was ordered to be printed in the Rules and Administration may, in special in- RECORD, as follows: stances, increase these non-statutory limits VOTE EXPLANATION DAVID S. BRODER, 2006 UNITED STATES CAPITOL upon written request by the Chairman of that Mr. WARNER. Mr. President, I rise HISTORICAL SOCIETY FREEDOM AWARD RECIPI- committee and proper justification. today to discuss my absence today dur- ENT, NOVEMBER 29, 2006 Section 8. Documentation of petty cash ex- ing rollcall vote No. 274. The vote was It is an honor to stand in this room, where penses shall be listed on an official petty cash in reference to Executive Calendar No. so much history has been made. I appreciate itemization sheet available from the Disbursing the United States Capitol Historical Society Office and should include ALL of the following 907, the nomination of Andrew von for inviting Ann and me for this ceremony, information: Eschenbach of Texas to be Commis- and thank you for the privilege of being your a) date expense was incurred; sioner of the Food and Drug Adminis- speaker. I have been coming up here for more b) amount of expense; tration. I had to be necessarily absent than 50 years now, since I was hired as a re- c) product or service provided; and from this vote so that I could attend porter by Congressional Quarterly, and every d) the person incurring the expense (payee). and speak to an international con- time I come up Pennsylvania Avenue and see Each sheet must be signed by the Senate em- ference in England sponsored by the that magnificent dome, my heart beats a lit- ployee receiving cash and an authorizing offi- tle faster. cial (i.e., someone other than the employee(s) Ditchley Foundation to discuss the This building is majestic—far more so than authorized to certify vouchers). Original re- steps required to eradicate worldwide the White House at the other end of the ave- ceipts or facsimiles must accompany the terrorism. nue. But even more impressive over the

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.076 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11477 years have been the men and women sent ing is now clearer and prompter. Also, I brary for accepting my portrait into the Cap- here from 50 states and 435 districts to strug- think it healthy that members of Congress itol art collection, and thank you, Congress- gle with the responsibilities imposed by Arti- may no longer pick up the phone and ask in- man Sarasin, for that generous introduction. cle I of our Constitution. dividuals or groups directly for six-figure do- And I truly mean thank you. Article I—because the legislative branch is nations to their parties. But most of these I thank you and the United States Capitol fundamental to our system of representative campaign finance reform efforts have been Historical Society, not only for the great government. George Mitchell, when he was futile, when it comes to reducing the influ- honor paid to me in commissioning this won- the Senate majority leader, had a speech ence of money on elections, or the burden on derful portrait and presenting it to the passage I heard him deliver many times. candidates and officeholders in raising it. United States Congress, but also for being Senator Mitchell said, ‘‘We have had ex- Meantime, another problem has grown far such an integral part of life here on Capitol ecutives from the very beginning of human more serious—and is essentially unchecked. Hill. society, whether we called them kings or em- The introduction of computer technology to Thank you for serving as the institution perors or dictators. But democracy began the drawing of district lines in state legisla- that consistently steps back from the day- when the Parliament established its inde- tures has changed the Congress in ways that to-day issues and taking the long view—the pendence from the crown, and an inde- are detrimental to its health. So precise are historical perspective so important for put- pendent legislature has always been the best the measurements now available to the poli- ting things in the context of the big picture guarantor of freedom.’’ ticians drawing the lines that even in a year of what we are all about in this great democ- We need to remember that—all of us, in- of political upheaval, such as this one, a tiny racy of ours. cluding those of us in the press. And we need fraction of the House seats are really con- The concept of the Freedom Award, so ap- to treat the Congress as respectfully and tested. propriately presented to David Broder this carefully as we do the president. I am not We saw a big turnover in the House this evening, highlights for us the underlying ba- suggesting that there is something wrong year, but about 375 of the 435 members had sics of freedom, democracy, and representa- with close scrutiny of congressional ethics— no contest to speak of. What that means is tive government—the very foundations upon of the relations between lawmakers and in- that the part of the national government which our country is built. Congratulations, terest groups, or legislative practices such as that was designed by the founders to reflect Mr. Broder. earmarks that steer money to favored indi- most immediately even slight shifts in pub- In looking at the mosaic of the past 10 viduals or groups. lic sentiment has now become the part most years, I think about the momentous changes But there ought to be parity. We know immune to change. And that, in turn, has we have seen here on Capitol Hill. In fact, that presidents and vice presidents accept changed the dynamics of the House for the change appears to be the only constant on entertainment from people with large inter- worse. the Hill. As the tenth Architect of the Capitol, I ests in government policy, and they raise The inclination of members from safe dis- have been acutely aware of my stewardship large campaign contributions from them. We tricts is to play to their political base— responsibilities for the national treasures know that the White House and Cabinet de- whichever group or ideology that may be— under my care. The fundamental, yet very partments steer money to their own favored and not look outside the base for allies or partners in legislation. We have seen that challenging responsibilities of preserving constituencies and politically vital areas— tendency among Republicans during their and enhancing the more than 300 acres of but we’re somehow less outraged by it. And years of control, and we may now witness it grounds and 15 million square feet of build- we often let the president, whichever party among Democrats. ings were critically impacted by post-9/11 se- he may be, grab the credit for a notable In either case, it tends to make the House curity requirements—and, in this respect we achievement at a bill-signing ceremony, a more polarized place—and less representa- have, unfortunately, lost much of our inno- even when we know that the hard work has tive of the broad center of American poli- cence as we try to strike the right balance been done by legislators, often with little tics—than it could be or should be. I do not between security and openness. help or even active opposition from the exec- know the answer to this problem. The Su- The need to welcome visitors respectfully utive. preme Court has declined to deal with polit- to ‘‘the People’s House,’’ to protect the Con- I have written—and I firmly believe—that ical gerrymandering. The voters in Ohio and gress, the visitors, and the Capitol itself, are Congress does more for the press, with its California, when offered initiatives to take the underlying reasons for constructing the hearings and with the myriad individual the line—drawing authority away from the new Visitor Center. It is the Capitol’s ninth briefings and conversations between law- politicians in the legislature and place it in increment of growth in its 213 year history makers and their aides and reporters, than more neutral hands, have said no. and, as Ron stated, increases its overall size any other part of government—and generally It is not clear where to turn, but I would by another 70 percent. receives less consideration from the press in argue that this issue—rather than further re- The completion of the Capitol Visitor Cen- return. finements of the campaign finance system— ter next year will enable the millions who One reason that Congress as an institution should be at the top of the reform agenda. visit each year to be screened respectfully usually lags behind the president in public Perhaps, California Gov. Arnold and safely hundreds of feet from the Capitol. approval—no matter how high or low he may Schwarzenegger and the Democratic legisla- They will be welcomed into a building that be at any given moment—is that Congress ture will revisit the question next year, with complements the Capitol itself in its use of has no one who speaks for it as an institu- some hope of finding a bipartisan com- similar stonework, other quality materials, tion, while the president has many spokes- promise for a reform that could serve as a and well-proportioned spaces that will stand men, all delivering the same message on any model for other states. the test of time. Orientation films and a given day. Meantime, as Donald Rumsfeld might put major exhibition area showcasing artifacts But also, the process that makes Congress it, we go to war again come January with and documents that highlight the flow of our work when it is working well is a process of the Congress that we’ve got. I am encour- history and the aspirations of our nation will slow negotiation and compromise, and the aged by the quality of some of the people in prepare those visitors to tour the Capitol tendency in the press, even in so-called es- both parties I met who were successful chal- itself. These exhibits offer the opportunity tablishment news organizations, is to treat lenger candidates in this election. But I am to learn about the Congress and, hopefully, these incremental, process stories as bor- also keenly aware that, as always happens in inspire young and old to get more involved ing—so readers and viewers have little idea a wave election, some of the losers were peo- in their government. what is happening in the day-to-day work of ple of genuine talent and ability whose ab- I take great pride in this historic project the Congress. But I would be less than honest sence will be keenly felt. and am honored to work with the many hun- if I did not also acknowledge that members Most of those who are sworn in here in dreds of dedicated professionals and trades- of Congress themselves find fault with the January will have more time ahead of them men and women committed to bringing it to working of the legislative branch. in office than the president has remaining in fruition next year. During this past year, I have heard more his term. One can hope that they will bring As Congressman Sarasin mentioned, the concern—and more criticisms—from mem- that long-term perspective to their work, Capitol Visitor Center is only one of the bers of both parties than I can ever recall. and make the fight for freedom and justice many AOC projects across Capitol Hill, such The public may have been saying earlier this their goal, rather than the next election. as the ongoing Supreme Court renovation, month, ‘‘We’re mad as hell and we’re not When people continually express low levels the many security and fire and life-safety going to take it any more.’’ But I was hear- of trust in Congress, it is not just a problem projects, the Power Plant modernization, ing the same thing from inside these halls for the party in power. It is a reflection on and the recently-dedicated National Garden for many months before Election Day. I our whole system of representative govern- project, and many projects for the Library of would not attempt to catalogue all the frus- ment—the greatest blessing a free people has Congress, among others. Integral to the suc- trations. But I have come to believe that ever enjoyed. cess of these projects and the day-to-day op- many of them are rooted in a structural erations here on the Hill are the 2,000 people problem in our politics for which we have HON. ALAN M. HANTMAN, FAIA, ARCHITECT OF who make up the Office of the Architect of not found a solution. THE CAPITOL, UNITED STATES CAPITOL HIS- the Capitol. Most of the political reform efforts in the TORICAL SOCIETY—OFFICIAL PORTRAIT CERE- Each person on this hard-working team past three decades have aimed at the issue of MONY, NOVEMBER 29, 2006 takes great pride in their work and the many money in politics. A few have had useful ef- Thank you, Chairman Ehlers, Senator Ste- contributions they make every day main- fects. Reporting of contributions and spend- vens, and the Joint Committee on the Li- taining and operating this city within a city.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.038 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11478 CONGRESSIONAL RECORD — SENATE December 7, 2006 Together, we have transformed this Agen- It is humbling to stand here today and to A lot of people use that word ‘‘hero’’ cy over the last 10 years into a cohesive and recognize and appreciate the fact that Roz today without thinking about what it professional team that efficiently and effec- and I have taken part in the flow of our na- really means. I like to define it as an tively supports and serves the Congress; an tion’s history in some small way. I am truly Agency which will continue to do so for gen- honored to follow in the footsteps of the first individual doing extraordinary things erations to come. It is the people of the AOC nine Architects of the Capitol as we unveil that serve the greater good. Adam’s ac- that are the heart of this organization and I this portrait and see it donated by the tions clearly fit the bill. am so very proud to have led the AOC team United States Capitol Historical Society to For example, I understand that a through these challenging years of growth the collections of the United States Con- month before his death, Adam was and change. I want to thank each person for gress. wounded while outside a building with their dedication and commitment to excel- Thank you all so very, very much. several fellow marines after a suicide lence. There are some people here tonight f bomber detonated an explosive device. who have gone on to other places—I thank The explosion caused the building to you for your service to the AOC and the Con- HONORING OUR ARMED FORCES collapse. Yet, instead of tending to his gress. There are also many of you here to- CAPTAIN JASON HAMILL own wounds, Adam, began to dig, while night who will continue on with our mission, Mr. LIEBERMAN. Mr. President, I working with our Chief Operating Officer rise today to pay tribute to CPT Jason under fire, for his fellow marines Stephen Ayers and the next Architect of the Hamill, U.S. Army, 31, who grew up in trapped in the rubble. Capitol to continue our efforts as good stew- That is the mark of a true hero. Salem, CT. ards of these national treasures. I wish you Accordingly, I am proud to say that Nearing the completion of a year- all well and I know that you will continue to the Salt Lake City Council unani- long tour in Bagdad, serving with E make me proud going forward. mously voted to name a street in my I would also like to congratulate and Company, 3rd Battalion, 67th Armored hometown the ‘‘Adam Galvez Street.’’ I thank Michael Shane Neal for this truly sen- Regiment, 4th Infantry Division, Fort sitive portrait, including his rendition of Hood, TX, Captain Hamill died of inju- cannot think of anything more appro- Thomas Ustick Walter’s Dome, and the Fred- ries sustained when his military vehi- priate. I also want to acknowledge East High erick Law Olmsted lantern as the framing cle encountered an improvised explo- elements of this work. School sophomore Junior Cruz, who as These were, of course, designed and built sive device. Known for his sense of humor and as part of his Eagle Scout project came up by those who went before us—but they speak with the idea of ‘‘Adam Galvez Street’’ strongly to the continuity of the Congress as a bit of a mischief maker, he was a proud family man. He followed in his and saw it through to its fruition. our country has continued to grow, and the I am blessed to live in a great State needs of the Capitol have continued to father’s footsteps serving in the mili- evolve. tary with a deep, strong sense of pur- in the greatest country in the world. When Shane and I discussed possible set- pose and belief in what he was doing. When I learn about the lives of young tings for the portrait, he photographed many Prior to entering the Army, Captain heroes such as Adam Galvez, I am re- alternative locations, but we ultimately Hamill was a member of ROTC at the minded that our true greatness lies in agreed that the symbolic action of my de- University of Connecticut earning the the sacrifice of such noble and brave scending the steps into the new Capitol Vis- service members. itor Center with the Dome and the lantern in respect of his fellow members and PRIVATE FIRST CLASS DANIEL G. DOLAN, USA the background would enhance this sense of classmates, as well as his engineering continuity. degree. He lived as a true patriot and Mr. President, on this the 65th anni- I thank you, Shane, not only for being the defender of our great Nation’s prin- versary of the attack on Pearl Harbor, fine artist that you are, but also for your pa- ciples of freedom and justice serving in I rise to pay tribute to a young Amer- tience during multiple sittings and the gra- Afghanistan and Kosovo in addition to ican who gave his life to ensure that cious hospitality you and Melanie extended Iraq. our nation will never be attacked to Roz and me on our visit to your studio in Captain Hamill is a true example of again. That young man’s name was Nashville. I also would like to extend a special thank you to our Curator, Barbara the powerful American spirit that per- PFC Daniel G. Dolan. Wolanin, for assisting with the initial selec- meates this Nation’s history. He served Just 1 month before his 19th birth- tion of Shane and for lending her keen eye as a messenger of high justice and day, Private First Class Dolan joined throughout the process. idealism in the best tradition of Amer- the Army during a time of war. No As I look around this stately room that ican principles and patriotism. I am doubt due to his professionalism, Pri- has itself witnessed so many historic events, both proud and grateful that we have vate First Class Dolan was assigned to I see the faces of many people who have been the kind of fighting force exemplified the 3rd Brigade of the 2nd Infantry Di- so important to me as Architect of the Cap- by Captain Hamill serving in the Per- vision which, of course, is the elite 1st itol, as a member of the Congressional, Washington, D.C., and professional architec- sian Gulf—and the strong families back Stryker Brigade. This professionalism tural communities, those who have been my at home sending their love and sup- was also recognized when he was friends for decades, as well as members of my port. awarded, posthumously, the Bronze family who have blessed me with their love He was a credit to his family, his Star, Purple Heart and Combat Infan- and support through both good and difficult community, his service, and his country Badge. times. And, I thank you personally, Senator try. Our Nation extends its heartfelt We, as a nation, are truly blessed to Warner, for being here this evening and for condolences to his wife, Karen, who he have such young men and women who having championed my candidacy what just married last year, and his parents, are willing to serve. Private First Class seems like so many years ago as Chairman of Sharon and Richard. We extend our ap- the Senate Rules and Administration Com- Dolan’s life was short, but from what I mittee. preciation for sharing this outstanding have read it was full. I understand that At a wonderful moment like this, I can’t soldier with us, and we offer our pray- he was an avid hockey player and fan help but think of those who have gone beers and support. You may be justifiably who played for Roy High School and fore. . . . of my father who worked nights in proud of his contributions which ex- was part of an amateur hockey associa- the Post Office. We often talked of things tend above and beyond the normal call tion. I also been told that standing up past and the possibilities of the future when of duty. for what is right is something that Pri- he came home from work at 5 a.m., and I was CORPORAL ADAM A. GALVEZ, USMC vate First Class Dolan did since child- still awake cramming for exams. My soft- spoken mother supplemented the family in- Mr. HATCH. Mr. President, today I hood, standing up for his little sister come as a bookkeeper, and enriched our lives rise in solemn tribute to CPL Adam A. and the other children in the neighbor- through her artwork and her dreams. Galvez of the Marines who gave his life hood. Most of all he was a wonderful I think of Roz’s Mom and Dad, who lost so in the service of his country during the son to his parents Tim and Fay Dolan. many loved ones in the Holocaust, our global war on terrorism. I believe that his sister Michelle said grandparents who immigrated here—who Over the past few weeks, I have had a it best: ‘‘Everyone was proud of him. came through Ellis Island seeking a better chance to talk with Adam’s mother He just wanted to serve his country, to life. I think of their financial struggles and Amy and his father Tony. They are personal sacrifices and the value they placed be there for his country . . . I think he on strong family ties and education, and am wonderful people who are truly proud was scared when he went to Iraq, but forever grateful for the legacies they have of their son. In speaking with them, I he really wanted to go and serve us left to Roz and me, our children, and grand- quickly learned just what a hero Adam all.’’ children. was. Such words can only describe a hero.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.041 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11479 SECOND LIEUTENANT SCOTT B. LUNDELL, UANG Foreign Operations Appropriations Act There are scores of NGOs across Israel and Mr. President, today I rise to pay entitled ‘‘Reconciliation Programs.’’ the Palestinian Authority working together tribute to a true American hero, 2LT This fund is managed by the U.S. Agen- that understand that force will never trans- Scott B. Lundell. Such a description is late peace into realty. In the ebb and flow of cy for International Development’s Of- diplomacy these NGOs provide the only on- appropriate to describe Lieutenant fice of Conflict Management and Miti- going constant to strengthen the majority of Lundell, who was killed in an ambush gation. In fiscal year 2006 it was funded Israelis and Palestinians who desire peace. while training an Afghan Army patrol at $15 million, and its purpose is to At one time these organizations could apply in Oruzgan Province, Afghanistan. support reconciliation programs and for Wye River and Israel Arab Peace Part- Lieutenant Lundell was by all ac- activities ‘‘which bring together indi- ners Program grants from the US govern- counts a first-rate officer. He had risen viduals of different ethnic, religious ment. These have been cut from the US through the ranks, first enlisting in and political backgrounds from areas Budget so, for example, organizations of the Alliance for Peace in the Middle East 2004 at the age of 32 in the Utah Na- of civil conflict and war.’’ Our intent is (ALLMEP) are limited where they can find tional Guard’s 19th Special Forces to support initiatives of organizations funds. Group and then graduating from Offi- representing groups of people who have When attempts are made by ALLMEP to cer Candidate School. been in conflict with each other to pro- create a separate fund for NGOs working to Lieutenant Lundell truly felt a call- mote better understanding and rec- end the Arab-Israeli conflict they are told by ing to serve, especially after the events onciliation. Congress that countries like Israel, Jordan, of September 11, 2001. I have read that This is a global program, and the Egypt, etc. already get billions in US aid, while other areas of conflict get much less. his wife Jeanine remembers that he funds have been allocated to support The only way to create such a fund would be was not satisfied supporting the war activities in countries in Latin Amer- to reduce aid, much of it military, to those from home but wanted to make a dif- ica, Africa, Asia and the Middle East. countries. One question that was not asked ference overseas, so much so that he For reasons that should be obvious, the recently of Prime Minister Olmert when he did not wait for the next deployment of Israeli-Palestinian conflict is the focus was in Washington was, ‘‘Would you be will- his unit. Instead he volunteered for his of many organizations in that region ing to have a few million dollars that Israel final assignment, training the Afghan that seek to bring representatives of receives shifted to support organizations military. Upon learning of his passing, both peoples together to build trust, that work towards reconciliation between Israelis and Palestinians?’’ At present the Lieutenant Lundell’s brother-in-law improve understanding, and find com- United States is spending $200 million a day said, ‘‘He did not die doing what he mon solutions to the roots of the con- for the war in Iraq. Give these NGOs in the loved—he died doing what he felt pas- flict. Palestinian-Israeli conflict a few hours sionately about.’’ There are dozens of conflicts in the worth of that spending, and we would see the Lieutenant Lundell believed in the world, and $15 million is too little Palestinian-Israeli conflict end in less than a righteousness of cause so much that money to support all the meritorious year. when the youngest of his four children reconciliation proposals. This is par- One of the key ingredients to reconcili- was born he named her Liberty. ticularly true in the Middle East. ation between Israelis and Palestinians is the ability to meet each other. For years I am humbled that I had the honor to USAID has funded several organiza- now the Arava Institute for Environmental represent such a patriot in this august tions that bring together Israelis and Studies, the premier teaching and research body. Palestinians, but funding constraints program in the Middle East where future MAJOR MARTA MALTBY, USAR make it impossible to support every de- Arab and Jewish leaders are prepared to co- Mr. President, I rise to pay tribute to serving organization. This unmet need operatively solve the region’s environmental MAJ Marta Maltby, who died of nat- is the subject of a recent op-ed in the challenges, has been unable to get permits ural causes during her deployment Palestine Times which poses some im- for Palestinian students outside of East Je- portant questions. I ask unanimous rusalem to study on its campus. This in- with the 328th Combat Support Hos- cludes students who wish to, ‘‘learn to use pital at Landstuhl Regional Medical consent that the article by Rabbi Mi- the environment as an approach to peace- Center in Germany. chael Cohen, who has done extraor- building between Palestinians and Israelis.’’ This was the second time this inten- dinary work in this area, be printed in At present the Arava Institute has put to- sive care nurse had deployed overseas the RECORD. gether a coalition that includes the office of during a time of war to care for our Na- There being no objection, the mate- U.S. Ambassador Richard Jones, USAID, tion’s wounded. Major Maltby also de- rial was ordered to be printed in the Members of the Knesset Orit Noked and Ami ployed with the 328th during Operation RECORD, as follows: Ayalon, the Middle East Division of the Israel Foreign Ministry, and Gisha: the Cen- [From the Palestine Times, Dec. 5, 2006] Deseret Storm. Accordingly, she was ter for the Legal Protection of Freedom of awarded the Meritorious Service PALESTINIAN PERMITS AND NGOS Movement. This coalition is working to chal- Medal. (Rabbi Michael M. Cohen) lenge the Israeli policy of not issuing any Recently, I was able to spend some The day after Israel observed the 11th an- new study permits for Palestinians, who time with Major Maltby’s mother, dur- niversary of the murder of Yitzhak Rabin have security clearance, and who wish to ing an Army Reserve ceremony that, in Haaretz summed up the Arab-Israeli conflict, study in Israel. This policy flies in the face part, honored the major. I deeply ap- ‘‘After more than six years of continuous of the Agreement on Movement and Access preciated this opportunity because I fighting, neither side appears to have given that was signed last year by the United up the basic assumption at the beginning of States, Israel, and the Palestinian Author- was able to learn just how caring and the Intafada. The Palestinians and the ity. Another question not asked of Prime remarkable a person Marta was, as a Israelis are both still convinced the other Minister Olmert, ‘‘Are you willing to end daughter, wife, and as mother to two side understands only force.’’ this blanket policy of no new study permits grown children. The latest cease-fire in Gaza, shaky at best for Palestinians to study in Israel?’’ As I said at that ceremony, Major with Qassam Rockets still being fired into The author David Grossman, who lost his Maltby, and the rest of her unit, took Israel, is a move in the right direction to son Uri during the war this past summer, a glimmer of hope and made survival quell the use of force by both sides. The poignantly addressed 100,000 Israelis who and recovery a reality for hundreds of truth is that for the past year we have not gathered on the anniversary of Rabin’s mur- been moving closer to peace between Israel der in Rabin Square. Turning to Prime Min- our servicemembers. These are also and the Palestinians. King Abdullah has said ister Olmert he said, ‘‘We have no choice and words that describe a true hero. more than once that unless there is tangible they have no choice. And a peace of no Our thoughts and prayers go out to movement towards peace in the upcoming choice should be approached with the same the Maltby family during their time of months this conflict will be cursed to go on determination and creativity as one ap- grieving. May they find solace in know- for decades. proaches a war of no choice. And those who ing that the country appreciates the The Talmud teaches a very profound lesson believe we do have a choice, or that time is selfless dedication of their wife, daugh- about the use of force and power. In separate on our side do not comprehend the deeply moments the prophets Daniel and Jeremiah dangerous process already in motion.’’ ter and mother, MAJ Marta Maltby. question how mighty is God. The Talmud re- Prime Minister Olmert reached out to Pal- f sponds with equal audacity by stating that estinians a few days ago when he spoke at RECONCILIATION PROGRAMS God’s might can also be found and experi- the grave of Ben-Gurion and reiterated his enced when God decides to withhold his call for the establishment of a Palestinian Mr. LEAHY. Mr. President, in fiscal might and power! This is a lesson too often State next to Israel. We have had enough of year 2004 I initiated a new fund in the lost in this holy corner of the world. words. What we need is peaceful action to

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.076 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11480 CONGRESSIONAL RECORD — SENATE December 7, 2006 back up such words by both Palestinians and date, this promise remains unfulfilled. soldier. Indeed, Jason was originally Israelis. An affirmative answer by Prime And this Spring, Sudanese officials said scheduled to be discharged from the Minister Olmert to the questions raised that U.N. peacekeepers would be al- Army prior to his Iraq tour, but he an- above would signal a tangible seriousness lowed into Darfur once a peace deal swered his country’s call to arms and about moving the peace process forward, and would show a determination and creativity was agreed. This commitment has been was deployed to some of the most dan- that is so desperately needed. Similar action broken also. These abandoned promises gerous locations in Iraq in 2003 and will also need to come from the Palestinian may not be surprising in light of 2004. Following this period, Jason was side so that both Israeli and Palestinians can Khartoum’s long history of intran- honorably discharged from the Army move the peace process forward and not sigence. What is astonishing is that and was placed in the inactive reserve. backward. Khartoum has faced few consequences Though generals and admirals may Rabbi Michael M. Cohen is the Director of for these massive failures, and worse, be the public face of this war, it is serv- Special Projects for the Arava Institute for that Khartoum still is being allowed to icemembers, such as Jason, who fill the Environmental Studies and can be reached at [email protected]. dictate the terms of peacekeeping and ranks of our formations, who carry out humanitarian efforts in Darfur. our Nation’s policy on the deadly f I implore the administration to learn streets of Iraq, Afghanistan, and else- DARFUR from this grim history, and to get one where. They do not complain about the step ahead of the leaders in Khartoum. hazardous conditions they face, but go Mrs. CLINTON. Mr. President, the We must prepare for all scenarios, not on with the knowledge that this Nation crisis in Darfur demands a more robust just those we seek. relies on them to fulfill their duty response. In July 2004, more than 2 Going forward, our agreements with under all conditions. We owe them all a years ago, the United States Senate de- Khartoum must include some ‘‘teeth’’ tremendous debt of gratitude for their clared genocide in Darfur. As the crisis to incentivize compliance. We should selfless service. has continued, as the death toll has remind Khartoum that we already have Jason, I salute your courage and your mounted, it was hard to believe that good records of the crimes committed unending personal sacrifice on behalf the situation on the ground could dete- in Darfur and of the suspected per- of this country. I join your family and riorate further. Unfortunately, it has, petrators. We also should pursue with- friends in wishing you a swift and safe and the realities today are even worse out delay all points of pressure that return. than they were in July 2004. have been authorized by the U.N. Secu- f As many as 4 million civilians have rity Council. We must demonstrate to FAREWELL TO THE SENATE been uprooted from their homes, and Khartoum that continued intran- by some accounts 400,000 people have sigence will be more painful than co- Mr. ALLEN. Mr. President, as the been killed. Countless women and operation. time for my departure from the Senate young girls are being violently and sex- As we pursue these measures with draws near, on behalf of the greatest ually abused. Escalating violence is Khartoum, we should remind rebel blessings in my life, my wife Susan, forcing the evacuation of many vital groups that they will be held account- and my children, Tyler, Forrest, and relief workers. These realities are well able for violations of international law. Brooke, I wish to thank my colleagues documented. We have United Nations, In addition, we should work urgently for their many courtesies and friend- U.N., reports, State Department re- with partners to stabilize eastern Chad ships forged during these past 6 years, ports, reports from our colleagues who and the Central African Republic. and offer a few concluding reflections have traveled to the region, and count- I suspect that history will pass exact- on our time here together, and the fu- less other reports that tell us what has ing judgment on all parties who have ture of our Republic. happened, what is happening, and who acted insufficiently to end the suf- Our foremost senior statesman in may be responsible. fering in Darfur. But history is a long Virginia, one who served with par- In the face of this crisis, the response way off for the people of Darfur, and I ticular distinction in this body—Harry of many citizens, officials, relief work- will continue to work urgently with Byrd Jr.—has observed that, with the ers, and journalists has been impres- colleagues towards peace in Sudan and exception of the Presidencies of Abra- sive and inspiring. Their courageous ef- the region. I urge the President to ham Lincoln and Franklin Roosevelt, forts are testimony to the great work work more proactively to end this un- no time in our Nation’s history has that can be done by individuals who conscionable crisis. been witness to more problems and act on their moral duty to end atroc- f challenges of great magnitude than ities. these past 6 years. The Senate also has taken important TRIBUTE TO JASON LEE When I arrived here in January 2001, steps. We have provided funding to Af- Mr. WARNER. Mr. President, I rise America was at peace—or so we rican Union peacekeepers and to hu- today to recognize a member of my thought. And then on the bright, blue manitarian workers; we have urged staff, Jason Christopher Lee, who has sky morning of September 11, the skies NATO assistance; we have encouraged been recalled to active Federal service suddenly darkened with clouds of the establishment of a no-fly zone; we as a member of the United States smoke from the Pentagon, and the hor- have supported sanctions against the Army Reserve and will deploy in sup- rific collapse of the World Trade Center perpetrators of violence; we have estab- port of Operation Iraqi Freedom. Towers. And our world changed for- lished Presidential accountability by Jason joined my staff in February ever. requiring regular reports on Darfur; 2005, where he has done a tremendous When I arrived in this body, accom- and we have demanded the appoint- job serving Virginians out of my Nor- panying a change of Presidential ad- ment of a Presidential Envoy to Sudan. folk office. In addition, Jason is at- ministrations, our challenges were We must continue to shine a spotlight tending college at Old Dominion Uni- mostly economic—or so we thought. and to take action wherever possible. versity, where he is maintaining an ex- Our prosperity was already slipping, But like many of my constituents, I cellent grade point average while but most forecasts were for a mild am disturbed that the killings and studying communications. downturn in the economy. That rapes and violence continue. I fear that I believe much of Jason’s success is changed on September 11 as well. our efforts and those of many Ameri- due to his distinguished service in the A cascade of other great challenges cans are not being complemented by U.S. Army, where he has attained the soon followed in rapid succession— equal efforts from our President. I rank of corporal and is responsible for issues foreign and domestic, challenges again urge the administration to be leading fellow soldiers into battle. This locally and nationally, threats man- more proactive and to turn the tables is not the first time Jason has an- made and disasters decreed by nature. on Khartoum. swered the call of duty in support of Through all of these unprecedented Khartoum repeatedly has committed our country. He has previously served storms, it was our responsibility to to disarm the Jingaweit. In fact, the in both Kosovo and Iraq, where he make careful, prayerful decisions for Government of Sudan committed to do earned the Army Commendation Medal the safety, security and prosperity of so long ago, in the summer of 2004. To and was recognized as an outstanding the people of our country.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.043 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11481 I am particularly grateful to the peo- jobs rather than sit at home, collecting kindled it. And, despite one of the most ple of the Commonwealth of Virginia a check. unsettled and challenging times in our for the opportunity to serve here—to Nothing was more rewarding for me Nation’s history, look at what we have give voice to their values and to fight as Governor than to help ignite Vir- to show for it. for their future in this, the world’s ginia’s economic renaissance. We sent Our economy is displaying unprece- most distinguished body. a message to the world that Virginia dented strength. Unemployment is the We all understand and respect the was ‘‘open for business’’—we lowered lowest it has been in decades. Home will of the people—the owners of the taxes, reduced regulations, imple- values are significantly higher than government—in our representative de- mented prompt permitting, and re- just a few years ago, and the stock mocracy that brings us here and that cruited high-technology companies market is at a record high level. The may, at some point, take us away. like IBM and Toshiba, Micron and tax burden on our people is at a 20-year Sometimes winds, political and oth- Infineon—now Qimonda—Oracle’s east low, while Federal tax revenues are at erwise, can blow the leaves off coast campus, and secured billions of all-time highs, and inflation is under branches and break branches off trees. dollars in investment in semiconductor control. But a deep-rooted tree will stand and fabrication plants for world-class com- There has not been a single terrorist grow again in the next season. panies. attack on American soil since 9/11, and And, if Providence accords it the Before we recruited those companies numerous major plots have been foiled. right climate and nourishment, that 10 years ago, there were no computer The al-Qaida leadership has been deci- tree will bear fruit for generations to memory chips manufactured in Vir- mated, and instead of meeting the come, and give life to other trees. ginia. Today, computer memory chips enemy here at home, we have taken I have been honored, first as Gov- have replaced cigarettes as Virginia’s the fight to them in Afghanistan, Paki- ernor and now as Senator, to be a part No. 1 manufactured export. We’re not stan, and Iraq and in locales that will of important initiatives that have just the ‘‘Old Dominion’’ anymore; now never be known. Even with the world borne fruit for the people of Virginia we’re the ‘‘Silicon Dominion!’’ at war against a lethal enemy of rad- and America. When I came to the Senate, my goal ical terrorist organizations, Americans As Governor, we worked across party was to use this perspective and experi- are safer today than on 9/11. lines to accomplish the honest change ence to continue and build on this We must respectfully work with that Virginians had desired and de- work. I wanted to bring to our national other countries in intercepting fi- served. We abolished the deceitful, le- policies the same emphasis on edu- nances, creatively collaborating in nient parole laws, brought truth to sen- cation and innovation—the same em- counterterrorism efforts to thwart and tencing, brought violent criminals to phasis on economic opportunity—the defeat terrorist activity throughout justice, and reformed our juvenile jus- same emphasis on protecting the safety the world. tice laws. and security of law-abiding people—the This war on terror has many fronts. Today, the crime rate is down, and same time-tested values—that had And all of us are deeply concerned thousands of good people are not vic- guided my governorship. about the lack of progress of the war tims of crime, have not lost loved ones, I have been able to do that, and I am on the Iraqi front. Although our prin- grateful to many of you for working in have not had their lives shattered, be- ciples and strategic goals have not partnership with me on so many issues changed, mistakes have been made and cause we stood strong for truth and that are vitally important for the lives progress has been too slow. We cannot justice, and our reforms bore fruit. We also brought high academic and safety and prosperity of our citi- continue to do the same things and ex- zens. standards, accountability and new re- pect different results; we must adapt Our time together has been full of our operations and change our tactics sources to Virginia’s education system. challenge. But despite the broken to meet the evolving terrorist threat. We stopped skyrocketing college tui- branches and shattered limbs and lives And the Iraqi people and their leaders tion rates. of 9/11, America has stood strong like a must take control of their destiny. Our education reform initiatives live oak. We have relied on our roots as Let us never forget, however, that quickly became models for other a freedom-loving nation. Out of these our American troops are liberators who States, and even for this body in enact- stormy times has grown a new national have freed a people from a brutal dic- ing education reform legislation for sense of urgency, resolve and mission. tator and regime. In so doing, they and the nation. And this new spirit is bearing fruit their families have made great sac- These reforms, too, are bearing fruit today, and will for many years to rifices not only for the freedom of today. Virginia students are learning come. Iraqis, but for the security of Ameri- more and performing markedly better Yes, the people of America have cans. They more than anyone under- on both state and national tests. Our grown impatient with the pace of this stand the consequences of failure in schools are no longer engaging in so- progress. It is not easy during pro- Iraq are far too high. Leaving Iraq as a cial promotion. longed periods of national trial to sus- safe haven for terrorists to launch new And with investments in higher edu- tain an attitude of optimism and a attacks will put America in mortal cation from the coalfields with Appa- sense of purpose. Our foes know this danger. Our troops should come home lachian School of Law and School of about democracies, and they seek to as soon as possible, but they should Pharmacy, to the Institute in Danville, exploit it. But they will not succeed. come home in victory—not defeat. to southwest Virginia and Roanoke We Americans, of so many faiths and This global war on terror is still a HEC’s, to the Engineering School of so many backgrounds, share this spirit work in progress, and much of the VCU, to new leading-edge research at above all else: We believe in the posi- work is difficult. But I will leave here Virginia Tech, George Mason, Hampton tive impact that each of us can achieve in coming days with satisfaction that and other universities we are equipping during our time here on Earth. But our so many of the crucial steps we took to young men and women to succeed in opponents have no such belief. They meet the challenges of the post-9/11 the ever-more-competitive global mar- fear human freedom, and glorify the world have worked, and worked well. ketplace. extinguishing of human life more than The Patriot Act and other new and And we replaced dependency with the fruitful living of it. They will not technologically sophisticated counter- dignity by reforming Virginia’s welfare succeed in this great struggle because terrorism measures designed to protect laws. Now, 11 years later, our welfare they are only destroyers, and the world our homeland are working, and work- rolls are still less than half of what belongs to those who create. ing well. they were when I became Governor. The God who gave us life, and who Our courageous men and women in Not only has that saved the taxpayers presides over the affairs of all nature uniform, an All-Volunteer military of Virginia hundreds of millions of dol- and all nations, endowed mankind with that is the most powerful fighting force lars—the far more important impact is a powerful spirit of creation, regenera- in the history of the world, is hard at seen in the eyes of children who watch tion, and renewal. work for us, and working well. with admiration and respect as their The attackers of 9/11 thought they We have also worked well on the do- parents go off to productive, rewarding would kill our spirit, but they only re- mestic front. And I take great personal

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.065 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11482 CONGRESSIONAL RECORD — SENATE December 7, 2006 satisfaction from progress achieved on That is why I have been the lead Re- judge on the esteemed Fourth Circuit some major initiatives designed to publican cosponsor of the Partnership Court of Appeals that sits in Rich- make this a land of opportunity for Access to Laboratory Science Act with mond. all—measures that will help secure a Senator MENENDEZ, which will provide Judge Gregory had been nominated future of expanding opportunity for our science education and laboratory at the end of President Clinton’s term, children by making America the world grants for students in rural and low-in- but he did not get a vote, and to be- capital of innovation. come schools. come a judge he had to be re-nomi- One area of focus for me has been And that is why I have led the charge nated by President Bush. So my first preserving the Internet as a tax-free infor legislation to help remedy the op- speech was to call on my Senate col- dividualized opportunity zone. The portunity divide at America’s minor- leagues to rise above partisanship, rise Internet is the greatest invention since ity-serving institutions—the HBCUs, above process, judge Roger Gregory as the Gutenberg Press for the dissemina- Hispanic-serving institutions, and trib- a person, and give him the fairness of a tion of information and ideas, and one al colleges. I am grateful for the Sen- vote. of America’s greatest innovations for ate’s support for this initiative and You did so, and as a result, Judge economic growth and jobs. hope it will very soon become a reality. Gregory is serving with distinction on So far the Federal Government has All these initiatives I respectfully the Fourth Circuit Court of Appeals, taken the right approach when it urge you all to pass and stay with them the first African American to serve on comes to the Internet—by basically until they become law. For my part, I that esteemed appellate court. leaving it alone. will continue to advocate for these in- For the good of our country, the Ju- The American private sector is the centives and this major national com- diciary, and this Senate, I urge you— best steward of the Internet. We just mitment to make sure that the U.S. is regardless of the party in power here need to leave it alone and let it prosper indeed the world capital of innovation. and at the other end of Pennsylvania as an engine for economic progress— Investing in education and innova- Avenue—to end the obstructionist and with your help, that is what we tion is vital for our global competitive- practices that deny judicial nominees, have done. But the need for action will ness, and so is achieving energy inde- or other nominees, the fairness of an return next year, and I hope you will pendence. In fact, not only is energy up or down vote, and that deny the extend internet tax freedom so that av- independence an economic necessity; American people the accountability aricious State and local tax it’s also a national security impera- that the advice-and-consent process commissars are blocked from imposing tive. Our dependence on Middle Eastern should afford. Miguel Estrada was a victim of this an average 18 percent tax on monthly oil limits our foreign policy options for unfair obstructionism, although a ma- Internet access bills. addressing terrorism, tyranny and re- We also made major progress in a jority of Senators supported his con- lated geopolitical issues. realm few Americans understand, but firmation. Let John Bolton be the last We have made some important one that will transform their lives— victim of these unfair, obstructionist strides in accelerating the exploration nanotechnology. Teaming up with my practices. and development of American energy hard-working friend across the aisle, Our Constitution provides a better supplies, including American oil, nat- Senator WYDEN, we sponsored and you way; let’s follow it. ural gas, clean coal and nuclear power. approved legislation launching the Na- Finally, during these times of war, And we have made notable progress in tional Nanotechnology Initiative. This we are all keenly aware of the sacrifice is the single largest federally funded, hastening the research, development made by the men and women serving in multiagency scientific research initia- and deployment of economically viable our Armed Forces and their families. tive since the space program in the alternative and renewable sources of Virginia is home to more people serv- 1960s, and the revolutionary technology energy. But here we must all agree ing in uniform than all but a handful of it yields may well rival the space pro- that there is far more to be done. states, and so when a loved one is lost, gram in its impact on our society and The bottom line is we need more en- we feel the pain very directly, very per- economy. ergy explored, produced, and grown in sonally. A grateful nation must sup- You have heard me say many times America, so that hundreds of billions of port the families of those who have on this floor that they key to innova- energy dollars stay in America and are fallen in defense of our liberty. That is tion is education, and that we need to reinvested in America’s economy for why I introduced a bill in the first educate more scientists and engineers American jobs, American competitive- hours of the first days of this 109th Ses- because they are the ones who will de- ness, and American national security, sion to increase the military death sign and develop the ground-breaking instead of having to worry about the benefit from the paltry amount of and life-changing inventions, innova- whims of some dictator in the Middle $12,420 to $100,000. I thank you for pass- tions, and intellectual property of the East, or some other hostile part of the ing it, and I thank the President for future. world. signing it. But today America is not tapping its There are so many ways that what At each step of the way, on this full potential in math, science, re- we have done here during the last six measure and so many others, I have search and innovation. Only 15 percent years has made a positive impact on never worked alone. Always at my side, of those graduating from our engineer- the opportunities facing citizens all as a partner—but even more as a gra- ing schools today are women; only across our country. cious mentor, wise counsel, constant about 6 percent are African-Americans, In Virginia, whether it is the major encourager, occasional correcter, and and about 6 percent are Latinos. That port expansion at Craney Island, or unwavering friend—has been our is simply not enough, especially when funding for the Advanced and Applied state’s senior Senator, JOHN WARNER. we are competing with countries that Polymer Processing Institute in He has been the epitome of the Vir- have literally six or seven times our Danville, or the effort to assure that ginia gentleman, the model of an hon- population. new development opportunities at Fort est, hard-working Senator, and most of That is why I have worked with sen- Belvoir are matched by adequate trans- all, a true and loyal friend. I will leave ators in both parties, Senators ALEX- portation facilities whether it is edu- here enriched immeasurably by this ANDER, ENSIGN, BINGAMAN, and others, cational research funding, or new re- latest and best chapter in our partner- as well as the independent-minded Sen- sources for roads and mass transit, or ship of several decades. ator LIEBERMAN—for the National In- grants to make our communities safer, My friends and colleagues, as I pre- novation and PACE Acts, which will or in hundreds of other ways we have pare to take my leave, I am humbled invest in wide-ranging scientific edu- been able to have a major, positive im- and so grateful for the tremendous cation and research, induce capable pact on people’s lives all across the honor and privilege that has been ac- students with scholarships, provide in- Commonwealth of Virginia. corded to me by the people of Virginia. centives for teachers and researchers, We have also broken down barriers to I am also full of gratitude for the op- and take other steps to keep America opportunity. My very first speech on portunity to serve with you and for the on the leading edge of science and tech- the Senate floor was on behalf of Roger many courtesies you have extended to nology. Gregory’s appointment as a federal Susan and me along the way.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.066 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11483 I leave with many new and enduring and genocide. The security threats of the equipment, training, and resources to fulfill friendships, with some valuable lessons 21st century require NATO members to de- their mission. learned, with unrestrained optimism ploy forces rapidly over long distances, sus- I believe strongly that NATO is capable of meeting the challenge in Afghanistan. NATO about the potential of America, about tain operations for extended periods of time, and operate jointly as trans-Atlantic part- commanders have demonstrated that they our nation’s future, and with pride in ners with the United States in high intensity understand the complexity of the mission. our accomplishments together. conflicts. To be fully relevant to the security They know that success in Afghanistan de- My friends, don’t let these chal- and well being of the people of its member pends on the attitudes of the people, the lenging times along our national jour- nations, NATO must think and act globally. progress of reconstruction, the development of the economy and the building of civil in- ney divert your focus from what truly THE TEST OF AFGHANISTAN matters. stitutions that can deal with the narcotics This is evident in the NATO mission in Af- trade, as much as it depends on battlefield The tree of American liberty is as ghanistan. That country presents a difficult victories. strong as ever. Our roots run deep to a environment, but NATO must be resourceful, Most Afghanis have welcomed the ad- wellspring of values as old as our Re- resilient, and ultimately successful. The vances in personal freedom, political partici- public, indeed much older still. September 11 attacks were planned in Af- pation, and educational opportunities that Four hundred years after our Na- ghanistan, al-Qaeda still operates there, and have come during the last five years. The re- the fate of the country remains inexorably cent increase in violence in Afghanistan tion’s beginning at Jamestown, we are tied to the Alliance. NATO’s International still in the springtime of our life as a clearly is not evidence of a popular uprising. Security and Assistance Force (ISAF) is re- But to the degree that there is discontent, nation. Still planting seeds and bearing sponsible for security operations throughout disillusionment, or fear among the Afghan fruit. Still growing and creating. Still all of Afghanistan. people due to their security situation, trust inspiring and innovating. Still pro- In recent months, Taliban attacks have oc- in the Afghan government and NATO will viding light and hope for people around curred with greater frequency, coordination, dissipate. Insecurity stemming from insur- the world seeking to escape the chains and ferocity. They have extended well be- gent activity by Taliban forces has also of tyranny, and embrace the blessings yond the South and East, where most of the caused Afghanis in some regions to seek the fighting has been located. Although the hunt of liberty. protection of tribal leaders and warlords, for al-Qaeda terrorists continues, the pri- which in turn undercuts the authority of the Indeed, the sun is still rising on a mary threat to the stability of Afghanistan Afghan government and increases the risk of bright American morning! is Taliban insurgents who are challenging civil conflict between tribal factions. Given And if we will keep the faith, no mat- ISAF in greater numbers, sowing dissent these dynamics, we must dispel any doubts ter the challenges or choices, genera- among Afghanis, cooperating with the about the commitment of NATO and the tions to come will remember and think bourgeoning narcotics trade, and compli- West to Afghanistan’s emergence as a stable well of us, for this: We never gave up. cating security efforts in ways that inhibit and free society. We never backed down, and, we always the rule of law and reconstruction. THE CENTRALITY OF ENERGY If the most prominent alliance in modern stood strong for freedom. NATO’s challenges continue to come in history were to fail in its first operation out- new formations. We have to understand not f side of Europe due to a lack of will by its only the military configuration of threats members, the efficacy of NATO and the abil- before us, but also the likely basis for future REMARKS TO THE GERMAN ity to take joint action against a terrorist conflict. The NATO alliance has been suc- MARSHALL FUND CONFERENCE threat would be called into question. More- cessful, not because it fought wars, but be- Mr. LUGAR. Mr. President, I ask over, Afghanistan has a legitimately elected cause it prevented them. If the NATO alli- government and a long-suffering people, both ance is to be fully relevant to the security of unanimous consent that my remarks, of which deserve a chance to succeed without delivered in a keynote address at the its members, it must expand beyond the mis- the threat of violent upheaval. sion of military defense and begin to think German Marshall Fund conference on It is imperative that NATO fulfills its com- about how to prevent the conditions that Monday, November 27, in Riga, Latvia, mitments to Afghanistan. The Alliance has will lead to war. in advance of the NATO Summit, be found it difficult to generate the political In the coming decades, the most likely printed in the RECORD. will to meet NATO objectives. The reluc- source of armed conflict in the European There being no objection, the mate- tance in capitals to grant NATO requests for theater and the surrounding regions will be troops and resources have complicated this rial was ordered to be printed in the energy scarcity and manipulation. It would process. Despite months of intensive discus- be irresponsible for NATO to decline involve- RECORD, as follows: sions, Supreme Allied Commander/Europe, ment in energy security, when it is abun- Thank you, Madam President [Dr. Vaira General Jim Jones, disclosed in September dantly apparent that the jobs, health, and Vike-Freiberga, President of the Republic of that NATO was 2,500 troops short of the security of our modern economies and soci- Latvia]. I appreciate your thoughtful intro- minimal commitment requested for ISAF. eties depend on the sufficiency and timely duction and your generous hospitality. It is These troops did not materialize until Gen- availability of diverse energy resources. a pleasure to be back in Riga and to deliver eral Jones and other NATO leaders publicly We all hope that the economics of supply the keynote address here at this important put Alliance nations on the spot for these and pricing surrounding energy transactions German Marshall Fund conference. This con- shortfalls. will be rational and transparent. We hope ference and the participants it has drawn are Afghanistan has become a test case for that nations with abundant oil and natural evidence of the deep respect the Fund merits whether we can overcome the growing dis- gas will reliably supply these resources in throughout Europe and North America. crepancy between NATO’s expanding mis- normal market transactions to those who In 1991 NATO stood at a crossroads. With sions and its lagging capabilities. NATO need them. We hope that pipelines, sea lanes, the collapse of the Soviet Union and the commanders must have the resources to pro- and other means of transmission will be safe. Warsaw Pact, the Alliance could have de- vide security, and they must have the flexi- We hope that energy cartels will not be clared victory and disbanded. Instead, NATO bility to use troops to meet Afghanistan’s formed to limit available supplies and ma- chose to adapt to the new security environ- most critical security needs. Unfortunately, nipulate markets. We hope that energy rich ment and build on its legacy of being the NATO capitals are making the military mis- nations will not exclude or confiscate pro- most successful security and defense organi- sion even more difficult by placing national ductive foreign energy investments in the zation in history. caveats on the use of their forces. These re- name of nationalism. And we hope that vast Since that time, we have welcomed ten strictions, coupled with troop shortages, are energy wealth will not be a source of corrup- new members into the Alliance and have making ISAF a less cohesive and capable tion within nations that desperately ask begun a dramatic transformation of our mili- force. their governments to develop and deliver the tary capabilities. We have also undertaken Similar problems are plaguing the NATO benefits of this wealth broadly to society. missions in the Balkans and Afghanistan Response Force (NRF), which is slated to be Unfortunately, our experiences provide lit- that have extended the purpose of the Alli- NATO’s expeditionary fighting unit. As is tle reason to be confident that market ra- ance beyond the territorial defense of its often the case, the lack of transport capabili- tionality will be the governing force behind membership. However, while NATO is busier ties is a glaring deficiency. I am hopeful that energy policy and transactions. The major- than ever, these activities do not guarantee the plan to establish a fleet of C–17s under ity of oil and natural gas supplies and re- that the Alliance will remain strong and rel- the command and control of NATO succeeds. serves in the world are not controlled by effi- evant. To overcome these challenges and similar cient, privately owned companies. Geology For nearly half a century, NATO was ori- ones, we must reverse the downward spiral of and politics have created oil and natural gas ented toward defending against an attack defense budgets. Only a handful of members superpowers that nearly monopolize the from the East by Warsaw Pact forces. Today, spend more than 2 percent of their gross do- world’s oil supply. According to PFC Energy, NATO’s posture is influenced by emerging mestic product on defense. Good intentions foreign governments control up to 79 percent threats such as the proliferation of weapons can only carry a military force so far—the of the world’s oil reserves through their na- of mass destruction, rogue states, terrorism, NRF and other NATO assets must have the tional oil companies. These governments set

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.067 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11484 CONGRESSIONAL RECORD — SENATE December 7, 2006 prices through their investment and produc- struct successful strategies, and build sup- gage Russia and other energy rich nations. I tion decisions, and they have wide latitude porting infrastructure. advocate establishing regular high-level con- to shut off the taps for political reasons. NATO must determine what steps it is sultations between Russia and NATO on en- The vast majority of these oil assets are willing to take if Poland, Germany, Hun- ergy security. The economic and political afflicted by at least one of three problems: gary, Latvia or another member state is situation in Russia is intensely influenced by lack of investment, political manipulation, threatened as Ukraine was. Because an at- the price of energy. Moscow is banking on or the threat of instability and terrorism. As tack using energy as a weapon can devastate big returns from its energy sector indefi- recently as four years ago, spare production a nation’s economy and yield hundreds or nitely into the future. But the fickleness of capacity exceeded world oil consumption by even thousands of casualties, the Alliance energy markets affects not only consumers, about ten percent. As world demand for oil must avow that defending against such at- but producers. has rapidly increased in the last few years, tacks is an Article Five commitment. This I believe that Russia has a long-term inter- spare capacity has declined to two percent or does not mean that attempts to manipulate est in achieving a more prosperous stability less. Thus, even minor disruptions of oil sup- energy for international political gain would that comes with greater investment in its ply can drive up prices. Earlier this year, a require a NATO military response. Rather, it energy sector and the development of a rep- routine inspection found corrosion in a sec- means that the Alliance must commit itself utation as a trusted supplier. But its recent tion of BP’s Prudhoe Bay oil pipeline that to preparing for and responding to attempts actions to temporarily reduce gas supplies to shut down 8 percent of U.S. oil output, caus- to use the energy weapon against its fellow the West, confiscate some foreign energy investments, and create further barriers to ing a $2 spike in oil prices. That the oil mar- members. NATO must become a reliable ref- new investment are undermining confidence ket is this vulnerable to something as mun- uge for members against threats stemming in Moscow’s reliability. This trend is likely dane as corrosion in a pipeline is evidence of from their energy insecurity. If this does not to have unintended repercussions for Russia. the precarious conditions in which we live. happen, the Alliance is likely to become Even now, Russians are feeling the effects of Within the last year and a half, the inter- badly divided as vulnerable members seek to inadequate investment in their energy sec- national flow of oil has been disrupted by placate their energy suppliers. In fact, no tor. Russia boasts the world’s largest re- hurricanes, unrest in Nigeria, and continued issue in the history of NATO is so likely to divide the alliance in the absence of con- serves of natural gas, but this winter it could sabotage in Iraq. Al-Qaeda and other ter- face gas shortages of its own. Russia has not rorist organizations have openly declared certed action. Article Five of the NATO Charter identi- contended with investment problems in its their intent to attack oil facilities to inflict fies an attack on one member as an attack natural gas industry, and its artificially low pain on Western economies. We should also on all. Originally envisioned to respond to an domestic gas prices have undermined the de- recognize that NATO members are transfer- armed invasion, this commitment was the velopment of efficiency measures that are ring hundreds of billions of dollars each year bedrock of our Cold War alliance and a pow- commonplace in the West. Russia now re- to some of the least accountable, autocratic erful symbol of unity that deterred Warsaw quires gas imports from Central Asia, which regimes in the world. The revenues flowing Pact aggression for nearly fifty years. It was it sells at a premium to Europe. Yet if grow- to authoritarian regimes often increase cor- also designed to prevent coercion of a NATO ing domestic demand in Russia outstrips ruption in those countries and allow them to member by a non-member state. We should stagnating production and Central Asian im- insulate themselves from international pres- recognize that there is little ultimate dif- ports, as some commentators predict, the sure and the democratic aspirations of their ference between a member being forced to Kremlin will face the difficult choice be- own peoples. As large industrializing nations submit to foreign coercion because of an en- tween letting some of its people go cold or such as China and India seek new energy ergy cutoff and a member facing a military not meeting its commitments to Europe. supplies, oil and natural gas may not be blockade or other military demonstration on We do not wish these difficulties on any- abundant and accessible enough to support its borders. one. But we should speak clearly with Russia continued economic growth in both the in- In preparing for such a commitment, about our concerns and our determination to dustrialized West and in large rapidly grow- NATO leaders should develop a strategy that protect our economies and our peoples. We ing economies. In these conditions, energy includes the re-supply of a victim of an ag- should outline the differences between a fu- supplies will become an even stronger mag- gressive energy suspension. How would the ture in which Russia tries to leverage for po- net for conflict. Alliance shift energy supplies and services to litical advantage the energy vulnerabilities Under the worst case scenarios, oil and a member under such an attack? What steps of its neighbors and a future in which Russia natural gas will be the currency through can NATO take now to ensure that we have solidifies consumer-producer trust with the which energy-rich countries leverage their the infrastructure in place to respond to West and respects energy investments that interests against import dependent nations. such an attack? What steps are needed to di- help expand and maintain Russia’s produc- The use of energy as an overt weapon is not versify our energy sources and supply routes tion capacity. Energy is a two-way relation- a theoretical threat of the future; it is hap- to deter the use of energy as a weapon? Al- ship and will remain so even as Europe and pening now. Iran has repeatedly threatened ternatives to existing pipeline routes must the United States diversify their energy re- to cut off oil exports to selected nations if be identified and financial and political sup- source base. Both NATO and Russia need a economic sanctions are imposed against it port for the development of alternative en- sustained discussion on the rule of law, the for its nuclear enrichment program. Russia’s ergy sources is crucial. A coordinated and status of foreign investment, bi-national and shut off of energy deliveries to Ukraine dem- well-publicized Alliance response would be a multinational agreements, and steps to im- onstrated how tempting it is to use energy deterrent that would reduce the chances of plement the principles agreed to at the G–8 to achieve political aims and underscored miscalculation or military conflict. It would Summit in July. the vulnerability of consumer nations to also provide a powerful incentive for Member EXPANDING NATO’S PARTNERS their energy suppliers. Russia retreated from states to remain in the Alliance and for pro- One critical element in strengthening the the standoff after a strong Western reaction, spective members to accelerate reforms nec- alliance’s energy security is developing new but how would NATO have responded if Rus- essary to qualify for membership. relationships and admitting new members sia had maintained the embargo? The The energy threat is more difficult to pre- who will contribute to NATO’s efforts in this Ukrainian economy and military could have pare for than a ground war in Central Eu- area. I applaud Alliance efforts to develop been crippled without a shot being fired, and rope. Troops, equipment, and supplies can special relationships with states around the the dangers and losses to several NATO move along highways and over difficult ter- world. At the Riga Summit, NATO should member nations would have mounted signifi- rain. Energy supplies do not enjoy the same authorize the creation of partnerships with cantly. freedom of movement. Developing a like-minded countries such as Japan, Aus- We are used to thinking in terms of con- logistical response to an energy cutoff will tralia, South Korea, Finland, and Sweden. ventional warfare between nations, but en- prove a complex challenge. An effective energy strategy should also ergy could become the weapon of choice for My friend, Mark Grossman, the former include new strategic relationships with en- those who possess it. It may seem to be a less U.S. Under Secretary of State for Policy, has ergy exporters. I urge Alliance leaders to lethal weapon than military force, but a nat- proposed reviving the REFORGER exercises look to the Caucasus and Central Asia for ural gas shutdown to a European country in of the Cold War. These exercises were carried new partnerships. These states are critically the middle of winter could cause death and out to prepare for the massive troop and located and are important sources of oil and economic loss on the scale of a military at- equipment re-supply mission that would be natural gas. Substantial improvement is tack. Moreover, in such circumstances, na- required to thwart a Soviet attack. A new needed in the region in areas such as democ- tions would become desperate, increasing the REFORGER should focus on how the Alli- racy, the rule of law, and civil society. A chances of armed conflict and terrorism. The ance would supply a beleaguered member closer relationship with NATO will promote potential use of energy as a weapon requires with the energy resources needed to with- these values and contribute to our mutual NATO to review what Alliance obligations stand geo-strategic blackmail. This will not security. I recommend that NATO focus es- would be in such cases. be easy or comfortable for the Alliance. pecially on its relationships with Azerbajian Members will be required to tighten their and Kazakhstan. While both countries have ENERGY AS AN ARTICLE FIVE COMMITMENT belts and make hard choices. But, if we fail considerable work to do, eventual NATO We must move now to address our energy to prepare, we will intensify our predica- membership must be on the table. vulnerability. Sufficient investment and ment. I believe that some aspirant states are pre- planning cannot happen overnight, and it Beyond constructing strong alliance compared to assume membership responsibil- will take years to change behavior, con- mitments related to energy, NATO must en- ities. Croatia, Albania, and Macedonia

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.049 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11485 should be invited to join NATO as soon as CAMERON GULBRANSEN KIDS AND In 1985, she accepted a position with they meet Alliance requirements. Each has CARS SAFETY ACT the National Park Service as super- expressed a strong desire to join the Alli- Mrs. CLINTON. Mr. President, I sub- visory personnel management spe- ance, and each is capable of making impor- cialist at Everglades National Park. It mit to the RECORD my disappointment tant contributions. While I am disappointed was the first of what were to be many that invitations will not be extended here at that the Senate failed to consider S. Riga, we must increase the tempo of co- 1948, The Cameron Gulbransen Kids and posts in an extensive and highly regarded career. In 1988, she became su- operation between the Alliance and those Cars Safety Act to improve the child perintendent of what is now Pecos Na- states. safety features in new vehicles. tional Historical Park. Also prior to NATO should also invite Georgia to join Nearly every other day, a child dies coming to Wind Cave, she was assistant the Alliance. Tbilisi is a young democratic in the United States from a completely regional director for program review in government, resisting pressure from break- preventable tragedy—backed over by a away republics backed by Moscow and Rus- the Intermountain Regional Office of sian troops on Georgian soil. Georgia has driver who could not see behind their National Park Service. been a superb role model for the region, and vehicle, strangled in a power window, As the superintendent of Wind Cave it is host to critical segments of the Baku- or killed when an automobile inadvert- for 6 years, Ms. Stoll took the lead in Tbilisi-Ceyhan oil pipeline and the Southern ently shifts into gear. The average age shepherding the park through 10 envi- Caucuses natural gas pipeline. Two months of victims in these cases is just 1 year ronmental assessments and one envi- ago, the NATO Secretary General announced old. In 70 percent of cases, a parent, that the Alliance had launched an Intensi- ronmental impact statement. The pur- relative, or close friend is behind the pose of these exercises was both to be fied Dialogue with Georgia. While this is an wheel. important step, NATO must grant a Member- sure park resources were being pro- ship Action Plan as soon as possible. Safety is something every family detected, and to ensure the safety of After recovering from recent political in- serves, and it is not a partisan issue. I those visiting the park. The results of stability, Ukraine has indicated that it have been proud to work with Senator this work were an array of construc- wants to move more slowly toward NATO SUNUNU of New Hampshire as my part- tion projects and new wildlife manage- membership. I am pleased that Kiev has ac- ner on this legislation. We have met ment plans. Her ingenuity helped to knowledged the important work needed to with families from our States and lis- preserve the wonderful Wind Cave sys- accurately convey to its population what tened to parents share their heart- tem and the mixed-grass prairie that is NATO membership would mean. While I hope wrenching experience of losing a child. also under her jurisdiction. this process might move more quickly, I The Gulbransens are one such family. urge the Alliance, when all applicable cri- Ms. Stoll will be retiring on January teria are satisfied, to support efforts for Two-year-old Cameron was killed when 3, 2007 and intends to stay in the Hot Ukraine to join NATO. he slipped outside unnoticed by his Springs area. Though her day-to-day The Alliance must also continue to encour- mother and babysitter and toddled be- presence at the park will be greatly age Belgrade to meet its international obli- hind the SUV his father was backing missed, her years of hard work are ap- gations, which include full cooperation with into the driveway. It is in memory of preciated by the visitors of Wind Cave the International Criminal Tribunal for the Cameron and the hundreds of children and all those who care about pro- former Yugoslavia. With additional progress like him that we introduced bipartisan tecting this national treasure. I ap- on war criminals and other important re- legislation to take steps we know can plaud Ms. Stoll’s service and thank her forms, Serbia would be a valuable member of reduce these accidents. The Cameron for her time and efforts. the Alliance. Gulbransen Kids and Cars Safety Act f CONCLUSION will help to ensure that America’s cars TRIBUTE TO MARK KEENUM By their nature, alliances require constant are properly equipped to prevent these study and revision if they are to be resilient tragedies from happening to others. Mr. COCHRAN. Mr. President, I am and relevant. They must examine the needs While the auto manufacturing indus- pleased to bring to the attention of the of their members and determine how the al- try has tried to make some changes to Senate that my long-time staff mem- liance can safeguard the freedom, prosperity, address these issues, this bill is timely ber and current chief of staff, Mark and security of each member. NATO has sur- and urgently needed. As parents, we do Keenum, who has served my office and vived and prospered because it has been able all we can to keep our children safe. As the Senate so well for the past 17 years to do this repeatedly. We have met the legislators, we should do the same to in a manner which reflects great credit threat of Soviet aggression, expanded the on the Senate, has been nominated by zone of peace and security across Europe, protect our Nation’s children. guarded against the risks posed by terrorism I am committed to reintroducing the President Bush to be Under Secretary and weapons of mass destruction, and im- Cameron Gulbransen Kids and Cars of Agriculture for Farm and Foreign proved our ability to project power over long Safety Act in the 110th Congress and Agricultural Services. distances. We are meeting threats in Afghan- will work vigorously to ensure that His confirmation by the Senate will istan, the African continent, and other loca- safer cars mean safer kids across Amer- give him an opportunity for continued tions outside Europe. But if we fail to reori- ica. public service that will benefit all ent the Alliance to address energy security, Americans. I do not know of another we will be ignoring the dynamic that is most f person who would bring any better likely to spur conflict and threaten the well- RETIREMENT OF LINDA L. STOLL qualifications to this job than Mark being of alliance members. Keenum. He has an agriculture eco- I understand that adopting energy security Mr. JOHNSON. Mr. President, I rise nomics undergraduate degree from as a mission is a major advancement from today to recognize the service of Linda Mississippi State University and also NATO’s origins. But it represents an historic L. Stoll, who has been an employee of received graduate degrees from that opportunity to change the circumstances of the Federal Government for nearly 34 geopolitics to the benefit of all members. At university, including a Ph.D. After this summit, we should engage in a broad, years, including 21 years with the Na- completing his studies, Mark served on strategic debate on how we can ensure tional Park Service. Since July 2000, the faculty at Mississippi State as an progress in Afghanistan, strengthen NATO Ms. Stoll has been the superintendent instructor and was actively engaged in through new members, and face the energy of Wind Cave National Park in South research in emerging agriculture and security threats of the 21st century together. Dakota. Wind Cave is the fourth long- aquaculture areas of interest in our Although Riga may not produce definitive est cave in the world. State. answers to these questions, it must be the Ms. Stoll began her career with the In 1989 Mark joined my staff here in summit that starts the crucial discussion Government in the 1970s with the Gen- Washington as a specialist in agri- that will lead to consensus. eral Services Administration in Den- culture and agriculture economics. He The stakes are such that if we wait even a ver. Over the course of 12 years in the has been an outstanding member of my few years, we are likely to find that our alliance is in jeopardy. We will look back at this agency, she held several positions, staff, both in helping to develop policy point in time and see it as a critical juncture starting as a c1erk stenographer and initiatives and in monitoring all the that required bold vision and leadership. I ultimately becoming personnel man- legislation affecting the Department of look forward to working together with each agement specialist with the National Agriculture. In my duties as a member of you to provide this leadership. Oceanic and Atmospheric Administra- and later Chairman of the Senate Agri- Thank you. tion in Miami, FL. culture Committee, he provided very

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.051 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11486 CONGRESSIONAL RECORD — SENATE December 7, 2006 valuable advice and assistance in shap- the completion of the park’s General ple of Keweenaw, MI and our Nation a ing policy there. He was actively en- Management Plan, which Frank shep- great gift. gaged in the successful completion of herded. Development of the plan was at Thank you, Frank, for your service, several farm bills. Mark worked to times contentious and involved incor- and congratulations on your retire- craft the language, negotiate, and iron porating viewpoints from multiple ment. out differences in conference with the stakeholders, including local citizens, f House. He has communicated closely businesses, landowners, entrepreneurs, TRIBUTE TO MONTE ZUCKER with the administration over the years, corporations, educational institutions, all in a very professional and thought- foundations, and government agencies. Mr. KENNEDY. Mr. President, I rise ful way. Frank has been an enthusiastic advo- today to pay tribute to one of our Na- Mark and his wife Rhonda are close cate for the park, promoting the tion’s preeminent photographers, friends of mine. Mark’s personal quali- Keweenaw Peninsula’s historic and cul- Monte Zucker. Mr. Zucker has been a ties are impeccable. He is courteous tural riches and envisioning the park’s creative force in his field for over 50 and intelligent; he works hard, has a role in the future economic develop- years. Through his brilliant eye and fo- strong sense of responsibility, and has ment of the region. Where some saw ru- cused lens, he has earned a place in the good judgment. I appreciate the way he ined, dilapidated buildings as eyesores, annals of photographic masters. has helped manage the administrative Frank saw them as opportunities. To Monte Zucker created contemporary and legislative functions of my office, preserve the historic landscape of cop- standards for lighting and composition as well as the counsel he has provided per country, Frank secured funding to in photographic portraiture. His work me for the past 17 years. make several significant property ac- is beloved by his clients who cherished I am confident that Mark will do an quisitions, including the Quincy Min- the memories so beautifully captured excellent job in helping develop options ing Company’s Pay Office; the Calumet on film. His work is also admired by for the next farm bill. He will be a and Hecla Mining Company General Of- his peers, who recognize the unique sig- great resource for the administration, fice Building, which is now the Park nature and integrity in his work. as well as for the Congress. Headquarters; the C&H Library, which Mr. Zucker has been mentor to the We will miss him here in the Senate. now houses the park’s extensive archi- next generation of photographers. He I am pleased to congratulate him on val collections; C&H Warehouse No. 1, has taken a leadership role in training his nomination and extend my thanks and the Union Building. emerging artists who, like him, aspire to him for the great job he has done in A true preservationist, Frank suc- to capture special moments and create the Senate. cessfully fought to stop the replace- memories for families to treasure for f ment of the city of Quincy’s historic years to come. water tower, a vital part of the region’s He is an impressive artist and a car- TRIBUTE TO FRANK C. FIALA cultural landscape, with an under- ing and compassionate member of his Mr. LEVIN. Mr. President, I rise ground storage tank. Frank personally community. In 2002, the UN named him today to honor Frank Fiala, super- researched and produced the original Portrait Photographer of the Year. He intendent of the Keweenaw National plans for the historic water tower, and has made an incredible difference in Historical Park. After nearly 32 years now a replicated water tower stands the world of photography, and it is a of Federal service, Frank will be retir- proudly, providing water service to the pleasure to bring his extraordinary ing in January. Frank’s service to our area’s residents and preserving a key work to the attention of my col- country began in the U.S. Air Force feature of the Keweenaw landscape. leagues. where he worked as a medic from 1969 In addition to preserving historic f to 1973. His career then transitioned to buildings, Frank also helped save a TRIBUTE TO BRUCE R. JAMES the National Park Service, where he large collection of artifacts from the has worked to protect our country’s Calumet & Hecla Mining company, Mr. LOTT. Mr. President, as chair- natural and historic treasures and to which is being cared for and catalogued man of the Joint Committee on Print- make them available for the public’s by one of the Nation’s finest profes- ing, I want to commend and pay trib- enjoyment and appreciation. Frank’s sional staff of archivists, curators, and ute to Bruce R. James, the 24th public National Park Service career included museum technicians. Since Frank’s ar- printer, who has announced he will reassignments at the Lake Clark Na- rival, the park’s museum collection has tire from his post as chief executive of- tional Park and Preserve in Alaska, grown from nothing to over 300,000 his- ficer of the Government Printing Office Wrangell-St. Elias National Park and toric items. on January 3, 2007. Preserve in Alaska, Rocky Mountain As anyone who has had the oppor- At the President’s request, Bruce National Park in Colorado, Carlsbad tunity to drive through the park with came out of retirement to take office Caverns National Park in New Mexico, Frank knows, Frank truly is a vision- at the GPO in December 2002. Since and Dinosaur National Monument in ary. One is quickly transported back in then, he has worked tirelessly to trans- Colorado. time to the 19th century, when the form that venerable institution from a For the past 10 years, Frank has Keweenaw produced 85 percent of the printing agency into a 21st century dig- served as superintendent of the Nation’s copper. Frank makes the his- ital information processing facility. Keweenaw National Historical Park in tory of ‘‘copper country’’ come alive: After a period of factfinding and con- Michigan’s Upper Peninsula, working the sounds of the immigrants arriving, sultation with GPO’s stakeholders, he to preserve and interpret the region’s the smells of pasties wafting from issued a strategic vision for the GPO’s copper mining history. I offer this trib- lunch pails descending into the deep future that has guided the manage- ute to Frank because of my 10 years of mine shafts, the tremors from the ment of the agency ever since. Under personal experience working with strikes of 1913 caused by unfair labor the plan, he initiated the effort to con- Frank and witnessing his passion and conditions. His enthusiasm in relation struct a future digital system to orga- enthusiasm for Keweenaw’s rich min- to rehabilitating and interpreting the nize, manage, and output authenti- ing history of immigration, labor, vi- historic properties scattered across the cated Government information in a brant cultures, and changing tech- park is contagious. Thanks to Frank, broad range of online and print for- nologies. visitors to the Keweenaw can truly ex- mats. He led efforts to modernize the Frank has been an extraordinary perience what it was like to be part of GPO’s plant operations supporting park superintendent at Keweenaw. the mining community during the in- Congress. He assisted the State Depart- Frank has successfully navigated the dustrial revolution. ment’s development and issuance of challenges of managing a park that Frank’s dedication to preserving and the new electronic U.S. passport and owns less than 10 percent of the land interpreting the history of the has led efforts to further enhance the within the park boundaries and re- Keweenaw, and his many years of pub- GPO’s security and intelligent docu- quires partnering with a variety of lic service is truly an example to oth- ments operation. He worked with the public and private organizations. A sig- ers. His enthusiasm, vision, and library community to ensure the con- nificant milestone was reached with proactive approach have given the peo- tinued transition to predominately

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.041 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11487 electronic Federal Depository Library House and Senate Calendars, and con- Even the President of Kenya and his Program and began a pilot project to gressional bills and reports. He was wife attended the funeral to express his test the GPO’s ability to digitize retro- also instrumental in establishing re- sorrow for the death of Father spective Government publications for mote composition capabilities at con- D’Agostino. He told the board members online public access. Throughout his gressional offices which continue to be and others at the funeral that they tenure, Bruce has ensured that we have used today. must carry on Father D’Ag’s work. He the products and services we need to Jerry Hammond also worked very said, ‘‘I am sure that is the assurance conduct our daily business in Congress. closely with my staff on the Joint Con- Father D’Agostino would have liked. In carrying out this program of gressional Committee on Inaugural He founded these homes and wanted to change, Bruce brought to the GPO a Ceremonies. He assisted us with the succeed in reducing the prevalence and broad range of business principles and very successful redesign of the inau- effects of HIV/AIDS. You should take practices, earning him the title of 2006 gural tickets, enhancing their security, the responsibility of ensuring that Fa- Civilian Executive of the Year from usability, and appearance. Addition- ther D’Agostino’s work continues.’’ Government Computer News. He in- ally, he personally oversaw the print- I ask unanimous consent that an ar- stilled a new focus on customer service ing of the programs, gifts, menus, and ticle by Joe Holley of The Washington for Congress and the departments and various other inaugural products. Any- Post about Father D’Agostino be print- agencies that depend on the GPO and one who has worked with Jerry over ed in the RECORD, as well as an article has provided new service options that the years could not help but be im- from the official website of the Presi- make it easier and more convenient to pressed with his easygoing demeanor, dent of Kenya. use the GPO. He turned around the fi- especially under the pressure of meet- For my part, I feel blessed for having nancial status of the agency, posting a ing the printing requirements of Con- known Father D’Ag and I mourn his positive financial performance every gress. loss. year since 2004 and reversing a pattern I ask my colleagues to join me in There being no objection, the mate- of previous losses that has provided the thanking Jerry Hammond for his serv- rial was ordered to be printed in the agency with the capital to make much- ice to GPO and Congress. We wish him RECORD, as follows: needed investments in technology. He all the best in his retirement. ANGELO D’AGOSTINO; PRIEST AIDED HIV- POSITIVE ORPHANS brought aboard a wide range of experts f (By Joe Holley) in technology and systems integration, FATHER ANGELO D’AGOSTINO The Rev. Angelo D’Agostino, 80, a physi- finance, marketing, secure and intel- cian, psychiatrist and Jesuit priest who ligent documents, digital media, and Mr. LEAHY. Mr. President, two Sun- days ago, when Marcelle and I were at opened one of the first orphanages for aban- related fields, to guide the GPO for- doned HIV-positive children in Kenya, died ward. And to his credit, Bruce brought mass at Holy Trinity at Georgetown, Nov. 20 of cardiac arrest at the Karen Hos- before the Congress the issue of how we listened to a homily about the life pital in Nairobi. He had been hospitalized for best to utilize the GPO’s aging and out- of Angelo D’Agostino, SJ. I had been a week with abdominal pain from diverticu- sized buildings for its future oper- thinking about Father D’Ag, as those litis and died after surgery. of us knew him called him, since I had Father D’Agostino, who practiced and ations. taught psychiatry in Washington during the Mr. President, Congress, Federal de- received word from his dear friend Ben Palumbo that he had died. Ben and 1970s and ’80s, was called to a country with partments and agencies, and all those more than 1 million children whose parents among the public who rely on the GPO Madge Palumbo were wonderful friends have died of AIDS. Many of the children, have been well served over the past 4 to Father D’Ag, as they have been to often HIV-positive themselves, have been years by Public Printer Bruce James. Marcelle and me. abandoned or left to roam through Kenya’s His unceasing call for technology mod- As Father Kevin O’Brien noted while big-city slums. ernization and his steadfast adherence talking about the home Father He encountered the needs of Kenya’s children while serving on the board of governors to business best practices will leave a D’Agostino began in Nyumbani, Kenya, Father D’Ag worked tirelessly to raise for a large orphanage in 1991. When the or- legacy of continued improvement at phanage began receiving scores of abandoned the GPO for many years to come. As money, especially for abandoned HIV- children who tested HIV-positive, Father Bruce departs the GPO to return to re- positive children. His Nyumbani vil- D’Agostino suggested setting up a facility tirement in his beloved Nevada, he lage was designed to hold together fam- for them. The board opposed the idea, so in leaves with our best wishes and the ilies, where most members had lost 1992, he founded the Nyumbani Orphanage, thanks of a grateful nation for a job their normal family cohesiveness be- beginning with three HIV-positive children. Today Nyumbani, or ‘‘home’’ in Swahili, well done. cause of deaths from AIDS. So many of us, like my friend Senator Dennis shelters about 100 Kenyan children, from f DeConcini and others, always re- newborns to 23-year-olds. TRIBUTE TO JERRY M. HAMMOND The larger nonprofit organization, also sponded when the Palumbos asked us called Nyumbani, includes Lea Toto (Swahili Mr. LOTT. Mr. President, as chair- to go to fund-raisers to raise money for for ‘‘to raise the child’’), a community-based man of the Joint Committee on Print- the work Father D’Agostino was doing program founded in 1998 to provide outreach ing, I want to pay tribute to Jerry throughout Africa. I told some of his services to HIV-positive children and their Hammond, Director of Congressional fellow Jesuits that we long ago decided families in the Nairobi area. Nyumbani also Publishing Services, who retired from that we would do whatever Father has the most advanced blood diagnostic laboratory in Kenya. the Government Printing Office, GPO, D’Agostino wanted—eventually he’d At the time of his death, Father after 37 years of Government service. make sure we would anyway, so we D’Agostino, an indefatigable fundraiser, had Mr. Hammond graduated from might as well do it graciously to begin just returned from Rome and the United DeMatha High School in 1969 and then with. Nothing fazed him when he was States, where he had solicited money for served as a sergeant, E–5, in the U.S. asking for others. He always went out Nyumbani Village, a self-sustaining commu- Marines Corps. Jerry came to GPO in of his way to remind Senator DeCon- nity to serve the orphans and elderly left be- 1972 and graduated in the apprentice cini, Ben Palumbo, and me that we hind by the ‘‘lost generation’’ of the AIDS class of 1977 in the Hand Section of the shared Italian heritage. I once told pandemic. The goal of the village, which has plans for 100 houses, a school, a clinic and a Composing Division. Mr. Hammond him, ‘‘Angelo, no matter who you were community center, is to create new blended joined the Office of Congressional Pub- seeking help from, you would find families for orphaned children under the care lishing Services in 1985 and was pro- something to connect you, and that of elderly adults. moted to the position of Director in would be the reason to do it.’’ I remem- ‘‘It was difficult to say no to him, particu- 2004. ber his laugh to this day. larly because what he asked you to do were Jerry worked on the night shift at The beauty of Father D’Agostino and the kinds of things your conscience would GPO for many years working closely the saintly nature of him was that he bedevil you about if you said no,’’ said Ben- with several congressional offices, never asked for anything for himself— jamin L. Palumbo, a Washington attorney who serves as president of Nyumbani’s U.S. House and Senate, night in and night it was always for others. He gave a board of directors. out, to ensure the production and de- voice to those who had no voice, and he Father D’Agostino’s friends and orphanage livery of the CONGRESSIONAL RECORD, leaves a great gap in their lives. supporters ran the political gamut, from

VerDate Aug 31 2005 07:55 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.068 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11488 CONGRESSIONAL RECORD — SENATE December 7, 2006 former Sen. Jesse Helms (R–N.C.) to Sen. said. ‘‘He still went to the office every day, sistance for landlords and homeowners Patrick Leahy (D–Vt). Leahy called him ‘‘a although he was happy he didn’t have to go in order to reduce the hazards of lead living saint’’ to meetings anymore.’’ poisoning caused by lead-based paint. Short and rotund, ‘‘Father D’Ag,’’ as some He will be buried in Kenya. His brother, his Under his leadership, the program has knew him, was quick to laugh but also had a only immediate survivor, recalled that Fa- temper, his friend James Desmond recalled. ther D’Agostino had only one regret about provided comprehensive technical and Desmond, former owner of a downtown bar his adopted homeland: ‘‘He couldn’t grow financial assistance to make Vermont called Beowulfs, one of the priest’s haunts good tomatoes over there. Being a good properties lead-safe. In addition to di- when he lived in Washington, recalled being Italian, that was important to him.’’ rect intervention, Ron has worked to with him in a meeting with congressional expand education outreach efforts for aides who were giving him the polite brush- PRESIDENT AND FIRST LADY ATTEND FATHER the public on lead paint hazards, in- off. When the priest realized what was hap- D’AGOSTINO’S REQUIEM MASS pening, Desmond had to hustle him out the cluding training of construction and President Mwai Kibaki and First Lady door before his temper got the best of him. service workers, as well as property In 2001, Nyumbani became the first place in Lucy Kibaki Monday joined other mourners owners, and on the importance of test- Africa to import deeply discounted AIDS for the requiem mass for Rev. Father Angelo ing young children for lead poisoning. drugs under an Indian pharmaceutical com- D’Agostino at the Consolata Shrine Catholic Ron’s fight against childhood expo- pany’s program to make such drugs more af- Church in Westlands, Nairobi. The mass was conducted by Nairobi Arch- sure to lead hazards is not limited to fordable on the continent where most of the the State level. He has worked closely world’s AIDS patients live and die. bishop Ndingi Mwana A’Nzeki. ‘‘I am sick and tired of doing funerals,’’ Addressing the congregation, President with the National Center for Healthy Father D’Agostino told The Washington Kibaki urged Kenyans to emulate Father Housing to increase the overall body of Post, explaining why he was willing to defy D’Agostino and assist the less fortunate in knowledge on effective control of lead national regulations and international pat- the society. hazards and coauthored two papers on ent rules to buy cheaper, generic AIDS He called on board members of Nyumbani research into lead hazard control meth- drugs. Children’s Home, Lea Toto and Nyumbani ods. Considered an expert on lead and ‘‘It’s really the darker side of capitalism, Village in Kitui to carry on with Father the greed that is being manifest by these D’Agostino’s work, ensuring that the homes environmental health, he has served as drug companies holding sub-Saharan Africa are well maintained and succeed in serving a reviewer for HUD’s Lead Paint Safety hostage,’’ he told The Post. ‘‘People are the HIV/AIDS orphans. Guide and other HUD documents. dying because they can’t afford their prices.’’ President Kibaki said: ‘‘I am sure that is The most common cause of lead poi- He also sued the Kenyan government for the assurance Father D’Agostino would have soning is exposure to dust from dete- its policy banning HIV-positive children liked. He founded these homes and wanted riorated lead-based paint, the foremost from the nation’s public schools. He won them to succeed in reducing the prevalence cause of childhood lead poisoning, in that suit last year, which allowed more than and effects of HIV/AIDS.’’ old homes and buildings. Children are 100,000 children to rejoin their classmates in ‘‘You should take the responsibility of en- most frequently exposed to miniscule schools across the country. suring that Father D’Agostino’s work con- Angelo D’Agostino was one of six children tinues,’’ the Head of State said. lead dust particles from chipping, peel- born to Italian immigrants in Providence, Paying tribute to Father D’Agostino, the ing or flaking paint that cling to toys, R.I. His younger brother, Dr. Joseph First Lady described him as a colleague in fingers and other objects, leading D’Agostino of Fairfax, recalled that he had her work of caring for orphans and in the young children to ingest the particles. asthma as a child, so he spent a lot of time fight against HIV/AIDS in the country. Poisoning can also come from sources reading, making model airplanes and grow- She pointed out that Father D’Agostino such as soil containing lead from car ing plants and flowers in the family’s back played a pivotal role when she was setting up yard. exhaust, water pipes, lead-glazed ce- the Kenya Chapter of the Organization of Af- ramic dishware, and plastic mini- He received his undergraduate degree in rican First Ladies Against HIV/AIDS chemistry and philosophy from St. Michael’s (OAFLA) by introducing her to key people blinds. College in 1945 and his medical degree from and institutions helping in the fight against Too much lead in the body can cause Tufts University in 1949. He received a mas- HIV/AIDS. damage to the brain, kidneys, nervous ter of science degree in surgery from Tufts in As the patron of Nyumbani Children system and red blood cells. According 1953. Homes, the First Lady reassured the orphans to data from the Centers for Disease He served in the Air Force from 1953 to 1955 that she will continue working hard to pro- as chief of urology at Bolling Air Force Base. Control and Prevention, more than 1 vide them with the resources they need. After attending a retreat with the Knights of million children living in the United The First Lady recalled conversations she Columbus, he decided to enter the priesthood States between the ages of 1 and 5 had with U.S. President George W. Bush dur- in 1954, although the Jesuits at Georgetown years have unacceptably high levels of ing a state dinner in Washington when the asked him to take a year before making a U.S. leader hailed the work done by Father lead in their blood, which may result in final decision. D’Agostino in assisting vulnerable members learning disabilities, reduced intellec- ‘‘The Jesuits couldn’t use a urologist or of the Kenyan society. tual ability, behavioral problems, or kidney stone specialist,’’ his brother re- The mass was also attended by the Pope’s called, ‘‘so they told him to go into psychi- other health problems. Poor children representative in Kenya Archbishop Alain atry.’’ are at special risk because inadequate After a psychiatric residency at George- Paul Lebeaupin among others. nutrition increases lead absorption by town from 1959 to 1965 and further work at f the body. the Washington Psychoanalytic Institute Ron’s job is by no means an easy one, from 1962 to 1967, he became one of the first TRIBUTE TO RON RUPP but he has done exceptional work advo- American Jesuits to be trained as a psychia- Mr. LEAHY. Mr. President, I want to cating for better policies and practices trist. (He liked to say he had ‘‘more degrees take a few minutes to recognize an out- so that Vermont’s children can grow up than a thermometer,’’ a nephew recalled.) He was ordained in 1966, earlier than ex- standing Vermont public servant who in lead-free homes. My home State has pected because the Jesuits were concerned goes above and beyond to advocate for the seventh oldest housing stock in the that he was going to succumb to lupus, an better laws and protection to keep chil- Nation—a real ‘‘Lead Leader.’’ In the illness he had battled his whole life. dren safe from lead poisoning—the No. city of Burlington alone, housing units He taught psychiatry at Georgetown Uni- 1 environmental health threat affect- occupied by low-income residents con- versity and George Washington University ing young children in the United stitute the highest concentration of and in 1972 founded the Center for Religion States. older homes in Vermont. Significant and Psychiatry at the Washington Theo- logical Union to promote dialogue between Ron Rupp serves as the current direc- lead paint hazards are characteristic of the two. From 1983 to 1987, he was in private tor of the Vermont Housing and Con- the deteriorated condition of many of practice in the District. A number of his cli- servation Board, VHCB, Lead-Based these buildings. The result is that Bur- ents were police officers, many whom he met Paint Hazard Reduction Program and lington has a childhood lead poisoning over beers at Beowulf’s. has played a major role in securing rate that is more than double the na- Father D’Agostino helped administer ref- more than $10 million in HUD funds for tional average. ugee centers in Thailand and East Africa in the State of Vermont for lead hazard Through the hard work of Ron and the 1980s, but it was the lost children of control efforts. Having been with this the VHCB Lead-Based Paint Hazard Kenya who captured his heart and wouldn’t let go. They called him ‘‘Faza.’’ program since its inception in 1994, Reduction Program, Vermont is be- He retired when he turned 80, ‘‘but it was Ron has worked to expand the avail- coming a place where our children can retirement with a small ‘r,’ ‘‘Joe D’Agostino ability and quality of training and as- grow up safe from lead poisoning. The

VerDate Aug 31 2005 07:55 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.058 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11489 removal of lead hazards from our old U.S. Department of Transportation, Northern District of Iowa by President homes and buildings is a slow process DOT, as a senior attorney in the Office Bush. He continued his aggressive and and success can be long in coming, but of the General Counsel for Regulations innovative strategies in this new and with dedicated public servants like Ron and Enforcement where he represented complex era of the war on terror. His I have no doubt that success will in- the DOT on a host of aviation issues. efforts led to programs for the training deed be met. Thank you, Ron, and con- Before that he was a staff attorney in of law enforcement and other emer- gratulations to you for making the antitrust section of the Civil Aero- gency responders in dealing with and Vermont’s Lead-Based Paint Hazard nautics Board, CAB, the precursor to preventing terrorist attacks. Chuck ex- Reduction Program the continuing suc- the FAA. tended this training effort to private cess it is today. While Sam has a passion for aviation industry and trade associations. Yet f and has been truly devoted to the Sen- Chuck never ceased his efforts in Iowa RETIREMENT OF SAM WHITEHORN ate Commerce Committee, nothing has in fighting crime and drug abuse. His been more important to him than his past successes in community outreach Mr. INOUYE. Mr. President, I rise to family. From his upbringing in New programs and law enforcement coordi- pay tribute to a member of my staff Hyde Park, NY, to the many years he nation led to the creation of programs who will be leaving the Senate Com- has spent in his adopted hometown of such as the ‘‘Weed and Seed’’ initiative mittee on Commerce, Science, and Washington, DC, his close-knit family in Cedar Rapids and the statewide Transportation after more than 15 has been vital to his success. We have ‘‘Meth and More’’ program. These pro- years working for this institution and seen his dedication to his wife Carol, grams not only helped put criminals more than 25 years of service to the who has been extremely patient at behind bars but also provided help and American public. Sam Whitehorn has times, and more recently saw him support to thousands trapped in the de- been my deputy staff director and gen- watch proudly as his son Michael and structive cycle of methamphetamine eral counsel on the Commerce Com- daughter Zoe went off to college. We abuse and educated Iowa communities mittee during the 109th Congress, but greatly appreciate their willingness to about the disastrous effects of drug he has worked diligently for the com- share Sam with us for these many abuse. His devotion to this cause can mittee’s membership and many of our years. be summed up in Chuck’s own words, predecessors during more than a decade As Sam retires from the Senate, we ‘‘if we can save one life, then our ef- as senior counsel on the Aviation Sub- wish him nothing but the best. He will forts are a success.’’ committee. I know Senators Jay be missed, but his legacy will remain Rockefeller, Fritz Hollings, and Wen- In the midst of this, his country strong as we continue to tackle avia- called yet again. In 2004, Mr. Larson dell Ford hold Sam in the highest re- tion issues in the future. I and this in- gard for his commitment to this insti- was ask to serve as the senior Depart- stitution will miss him. ment of Justice representative in Iraq. tution and his efforts to pass legisla- f tion that established the United States Chuck was given the enormous task of as a world leader in aviation and trans- RETIRING U.S. ATTORNEY directing and administering efforts to portation policy. CHARLES LARSON, SR. train Iraqi judiciary, law enforcement, Sam’s reputation as an expert and Mr. GRASSLEY. Mr. President, I and civilian contractors. He was tasked dogged proponent of aviation security, would like to take this opportunity to with nothing less than restoring jus- safety, and economic viability is offer my sincerest congratulations and tice and equity to the Iraqi judicial known to everyone in the aviation gratitude to retiring U.S. Attorney system. Despite the inherent dangers community. His ability to negotiate Charles ‘‘Chuck’’ Larson, Sr. While I and complexities of his mission, Chuck and work in a bipartisan fashion has could easily just focus on all Chuck has yet again served with distinction. served the committee honorably, al- done in his years as the dedicated U.S. Again, I offer my thanks and con- lowing aviation legislation to consist- attorney for the Northern District of gratulations to U.S. Attorney Charles ently move responsibly and timely. His Iowa, this man has given so much more Larson, Sr. Chuck’s dedication, devo- accomplishments speak well of him: he in over 40 years of Government service. tion, and courage, again and again, has been involved in the passage of six When his country has called, Chuck provided invaluable service to our Federal Aviation Administration Au- has been there. He served in the U.S. country and the great State of Iowa. thorization, FAA, reauthorization bills Army and Army Reserves for 40 years, Chuck, you are a true American and a during his tenure. While Sam has more retiring as a lieutenent colonel in 1989. model for all in Government service. recently expanded his reach to other Four U.S. Presidents have called on major aspects of the Commerce Com- Chuck to serve in various capacities, f mittee’s agenda, aviation continues to and each time he has stepped forward have a special place in his heart. and served with honor and distinction. TRIBUTE TO KATIE GUMERSON This country and the aviation indus- Chuck was first appointed as the U.S. ALTSHULER try also have benefited from Sam’s attorney for the Northern District of commitment to public service and his Iowa by President Ronald Reagan in Mr. KYL. Mr. President, I rise today expertise on the issues during one of 1986 and continued to serve in this posi- to honor the service of Katie Gumerson our most difficult times in modern his- tion under President George H.W. Bush Altshuler, my staff director at the Sen- tory. After the horrible attacks of Sep- through 1993. During his service at this ate Republican policy committee. tember 11, 2001, he helped lead the pas- post, Chuck went well above and be- Katie has decided to return to her na- sage of the Aviation and Transpor- yond. He devoted himself to fighting tive Oklahoma and begin a new life as tation Security Act, which established the scourge of drug crime and abuse by chief of staff to the Speaker of the the Transportation Security Adminis- bringing local, State, and federal agen- House of the Oklahoma Legislature. tration, TSA. That legislation was in- cies together. Chuck also recognized Katie became staff director of the strumental in restoring public con- the need for community outreach, and RPC earlier this year, in what was the fidence in our aviation system. he pioneered a number of programs culmination of an impressive climb He also played a central role in the that brought together community lead- through the ranks of Senate staff lead- development of legislation that cur- ers, clergy, and citizens to explore ap- ership dating back to 1995 when she rently funds the aviation system, ef- proaches to reduce drug abuse in Iowa. served as an intern for Senator Don forts to advance the modernization of These ideas were recognized as very Nickles when she was still in college. the National Airspace System, NAS, innovative at the time and led to Presi- When Katie graduated from Sweet and promoted workplace reforms at the dent Clinton’s call for Chuck to serve Briar College 2 years later, Senator FAA which have helped place the agen- on the Commission on Drug-Free Com- Nickles hired her first as a staff assist- cy on a more economically viable path. munities, a post in which Chuck served ant and then as a legislative cor- To put it simply, Sam Whitehorn’s with distinction and which his son, respondent. And in 1999, he promoted name is synonymous with aviation Chuck, Jr., fills today. her into the majority whip’s office, safety, security, and viability. Following the tragic events of Sep- where she quickly became well known Prior to working for the Senate Com- tember 11, 2001, Chuck was again called in the Capitol as a floor assistant and merce Committee, Sam worked at the to duty as the U.S. Attorney in the policy adviser to Republican Senators.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.077 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11490 CONGRESSIONAL RECORD — SENATE December 7, 2006 When Senator Nickles finished his indifference to conservative philosophy traordinarily perceptive author who term as majority whip, I was thrilled or Republican ideology, because within tirelessly explored the American expe- that Katie agreed to join me as my her beats the heart of a lion and the fe- rience through a variety of perspec- first deputy staff director of the Repub- rocity of a tiger. Katie always har- tives. Growing up in both the North lican policy committee. In that capac- nesses the very best from her col- and the South in the 1950s and 1960s, ity, she quickly became my eyes and leagues to bring creative solutions to she experienced first hand the numer- ears here in the Capitol Building, bear. She always seeks to suggest the ous ways in which fear and hatred are tracking the ins and outs of floor activ- best way forward to do credit not just manifested in the form of racial seg- ity, representing the RPC within the to the Senators she serves, but to the regation and oppression. She learned leadership, and doing everything she values that brought them to Wash- about living amid injustice, about the could to ensure that only the best pol- ington.’’ rage and sorrow it imparts, and about icy—good, conservative Republican One more accolade. Dave Schiappa, the dignity and resolve required to policy—became law. As one of her the secretary for the majority, who overcome it. many duties, you may recall that she handles all floor operations for the Re- Ms. Campbell drew much of her inspi- developed our RPC ‘‘getaway’’ mate- publicans and who has worked with ration and strength from the strong rials and stood over by the side door to Katie for many years, had this to say: bond she had with her parents. Her sec- my right and handed them to Repub- ‘‘Over my 22 years, I have had the ond book, ‘‘Sweet Summer: Growing lican Senators after the last vote of the privilege to work with a great number Up With and Without My Dad,’’ is a week. of intelligent and dedicated people. loving tribute to the warmth of ex- Katie quickly earned my trust, as I Katie Altshuler is one of those shining tended family and friends, the strong know she had earned the trust of Sen- stars and has set a standard of profes- women in her life who helped mold her ator Nickles before me. So it was an sionalism and devotion to the Senate character, and the heroic example of easy decision to promote Katie to staff as an institution.’’ her father, whose perseverance after a director of the RPC in June 2006. She I wish Katie could be convinced to car accident left him a paraplegic had experience in a broad range of pol- stay and help us in the Senate, but I taught her courage and independence. icy areas and she understood the pulse know that the pull of home and of new The importance of family dynamics of this body better than most ever will. challenges is a strong one, and I wish would be a guiding theme in Ms. Camp- My staff has enormous respect for her, her well in her new endeavors. So, bell’s work and stimulated her interest and she is a natural leader. Katie, my best wishes to you as you in the intricate nature of relationships. Katie’s departure coincides with the take up your new line of duty, and on As Ms. Campbell continued to explore end of my 4 years chairing the Senate behalf of the Senate, I commend you the parent-child relationship, she also Republican policy committee, a job I for your excellent work. Thank you. delved into the complexities that exist have enjoyed immensely. I want to f between and within genders, races, and thank Katie for the consistently good ADDITIONAL STATEMENTS communities. She produced two criti- work product she helped us achieve cally acclaimed novels in the first half during these past 4 years. She has in- of the 1990s set against the backdrop of spired other staff members of the com- 100TH BIRTHDAY OF CLAUDE historical instances of racial violence: mittee to achieve a level of excellence WOOD ‘‘Your Blues Ain’t Like Mine’’ and that, I believe, has been of great value ∑ Mr. BINGAMAN. Mr. President, ear- ‘‘Brothers and Sisters.’’ to Senators and their staffers. My goal, lier this week, Claude Wood celebrated In these novels, Ms. Campbell ex- since day one, was to make sure we his centennial. His name is familiar to plored the issues of race, class, and produced a first-rate product—thor- several long-serving Members of this gender and personalized them in the ough, accurate, and reliable. Katie un- body, for he was the chief of staff to form of characters we related to and derstood this, and she made sure it one of the Senate’s giants, Clinton An- cared for. Courageous and exception- happened. And so we both depart the derson of New Mexico. For all of Sen- ally talented, she captured the social policy committee—I for the chairman- ator Anderson’s career in this Cham- and historical forces that cut through ship of the Republican Conference and ber, Claude was at his right hand. out society and divide us. She graphi- she for the Oklahoma State House—I A native New Mexican, he served our cally demonstrated how America’s ra- believe we have left it well-prepared State, our Nation, and the Senate with cial, economic, and gender fault lines and well-armed for the future. distinction and honor. He retains an cut through the lives of individuals, Let me share a few words about Katie active interest in what we do here and often forcing people into difficult and personally. We all know Katie to be is a great friend of the Senate Histo- painful conflicts with others as well as bright, quick-witted, fiercely loyal, rian, Richard Baker. I myself have themselves. and genuinely warm to those around known Claude for many years and am Ms. Campbell focused in her later her. She is a true patriot who cares very glad to have this opportunity to writings on the issue of mental illness. deeply for this Nation and the Senate, send him best wishes on this milestone With passion and emotional depth, she and I know she is proud to have served birthday.∑ explored the horrible consequences of 1 mental illness and the strain that it here for the past 9 ⁄2 years. She loves f and reveres this institution, even its places on those who love and depend on eccentricities. For example, a former IN MEMORIAM: BEBE MOORE people suffering from a mental condi- colleague of hers remembers fondly CAMPBELL tion. Her work has helped to raise our how irritated Katie can become when ∑ Mrs. BOXER. Mr. President, today I Nation’s consciousness about the issue the decorum of the Senate is offended, offer a few words in observance of the and has made an invaluable contribu- even when it is a Senator who fails to passing of novelist Bebe Moore Camp- tion to our society’s efforts to improve take seriously the Senate Chamber’s bell, a most influential American writ- the lives of people living with mental dress code. er and a leading advocate for people illness. Ms. Campbell was a founding When contacted a few days ago, living with mental illness. member of the Inglewood branch of the Katie’s former boss, Senator Don Nick- I extend my deepest sympathy and National Alliance for the Mentally Ill, les, had this to say about her: ‘‘Katie most sincere condolences to Ms. Camp- and her children’s book ‘‘Sometimes brought a great deal of professionalism bell’s family, especially her husband, My Mother Gets Angry’’ won that orga- and enthusiasm into both the Whip of- Ellis Gordon, Jr.; her mother, Doris nization’s Outstanding Literature fice and Policy Committee. She will Moore; and her daughter and stepson, Award for 2003. certainly be missed.’’ Maia and Ellis Gordon III. My thoughts In her work, Ms. Campbell illustrated Eric Ueland, now chief of staff to Ma- and prayers go out to them as they how oppression and injustice dehuman- jority Leader FRIST, worked with Katie struggle with the death of a woman izes everyone involved. She challenged for several years in the Nickles whip they loved dearly. and inspired us to examine our pre- office. He said: ‘‘No one should ever In an illustrious career spanning 20 conceptions and fears and to open our mistake Katie’s grace and charm for years, Bebe Moore Campbell was an ex- hearts and minds to those around us.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.059 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11491 Her powerful voice will be dearly Mr. President, it is indeed an honor most appropriately named after a per- missed, but her legacy cannot be di- and a pleasure to recognize this accom- son whom I, and many others, admire minished. I am confident that her spir- plished fellow Georgian from the and respect for his relentless dedica- it will carry on in the countless others ‘‘greatest generation,’’ some 70 years tion and remarkable achievements in whose lives she has touched.∑ after his graduation from the U.S. preventing disease and saving lives f Naval Academy. He is the consummate worldwide. I would like to honor and patriot and citizen, and his distin- thank him for his many years of RECOGNIZING CAPTAIN JOHN C. guished and noteworthy service to our work.∑ CARMICHAEL Nation is laudable.∑ f ∑ Mr. CHAMBLISS. Mr. President, I f rise today to recognize a special anni- WOODBURY SENIOR HIGH SCHOOL, versary year for a true patriot, a great ALLAN ROSENFIELD GLOBAL WOODBURY, MINNESOTA American and fellow Georgian, Captain HEALTH FELLOWSHIP ∑ Mr. DAYTON. Mr. President, today I John C. Carmichael, U.S. Navy, Re- ∑ Mrs. CLINTON. Mr. President, today wish honor Woodbury Senior High tired. Friends and family back home on I honor Dr. Allan Rosenfield, Dean of School, in Woodbury, MN, which will St. Simon’s Island know him as Jack. the Mailman School of Public Health soon receive an Award for Excellence As a teenager, Jack Carmichael had at Columbia University, as well as in- in Education for its exceptional and in- aspirations of attending West Point, troduce the training program named in novative achievements in educating his desire being to follow in the great his honor. children. GEN Robert E. Lee’s footsteps. How- Dr. Rosenfield has spent his career Woodbury Senior High School is ever, his father died in 1928 when he working to improve the health and truly a model of educational success. was only 14 years old, leaving his two well-being of our most vulnerable pop- This large, suburban high school has younger brothers and his mother Kate ulations. He has been a champion of consistently ranked above the national with heavy hearts and tough decisions. women’s health both in United States and State averages in ACT test scores and Minnesota Comprehensive Assess- At the time, they were living in Jack- and around the world and is well ment scores and has been designated as sonville, FL. Kate did not think that known for his work on the HIV/AIDS a five-star school in reading and math schools in Jacksonville or Waycross, pandemic, innovative family planning by the Minnesota Department of Edu- GA, where they had lived and from studies, and strategies to address the cation for 2 years in a row. Schools re- where Jack’s father hailed, were ade- tragedy of wholly preventable mater- ceiving the five-star status are few and quate to prepare him for the academic nal deaths in resource-poor countries. far between: Last year, 11 schools in rigors of the service academies; there- As dean and professor of the Mailman the Twin Cities metropolitan area fore, she made the decision to move the School of Public Health, Dr. Rosenfield qualified for this status; this year, only family to Washington, DC, to live with has been, for the past 20 years, a men- 8 metro-area schools qualified. These two aunts in order for Jack to acquire tor for several generations of edu- scores show that top students continue the requisite education. He attended cators, public health students, and re- to grow academically and also that all Western High School and several mili- searchers. students continue to perform well Dr. Rosenfield was among the ear- tary academy preparatory schools. above expectations. During that time he became re- liest to voice the ethical challenges of Success at Woodbury High does not acquainted with his cousin, John decreasing transmission of HIV to occur without the hard work and dedi- Harllee, who convinced him that the newborns by treating mothers with cation of all students and staff. In addi- Naval Academy was the better path, so antiretroviral drugs before delivery, tion to their classroom responsibilities, Jack reset his goal for Annapolis. without consideration of ongoing care the teaching staff at Woodbury High Unfortunately, his Georgia Congress- and treatment of mothers. He has are engaged in professional learning man did not have any available Naval spearheaded programs in resource-poor communities. Teachers meet in groups Academy slots, so he was referred to a settings that not only prevent mother- each week to study student learning Pennsylvania congressman. However, to-child transmission of HIV but also and compare test scores and other ob- that Congressman only had a West provide comprehensive clinical services jective data to determine areas of need. Point slot, so the gentlemen referred to women. Then each group discusses best prac- him to a Congressman in Oklahoma In light of Dr. Rosenfield’s countless tices for teaching, in order to improve who was able to sponsor Jack to attend contributions toward improving the all students’ learning. These profes- the Naval Academy. health of individuals globally—as a re- sional learning communities have re- Jack’s 4 years at the Naval Academy searcher, an advocate, an educator and sulted in better course grades, as well were fast and rewarding, helped along as a compassionate human being—it is as improved test scores on state and by his dear friend and roommate, John fitting to name the ASPH–CDC Global national measures of student pro- Court. Jack graduated on June 4, 1936, Health Fellowship Program in honor of ficiency. one of 242 graduates, the smallest grad- Allan Rosenfield. Course work calls for high standards uating class since 1900. The fellows in this program, who are of performance at all levels. For ad- During his career as a naval officer, graduates of the Nation’s accredited vanced learners, Woodbury High offers Jack held various assignments both at schools of public health, are trained to advanced placement classes in English, sea and ashore. He served in World War help prevent HIV infection, improve mathematics, science, and social stud- II with the 5th Fleet and married his care and support, and build capacity to ies. The staff is working to develop wife, Elizabeth Gordon Ellyson, on Oc- address the global HIV/AIDS pandemic. more AP classes to meet students’ tober 25, 1944, in San Francisco. Fellows also participate in immuniza- needs. Each year, more than 250 AP ‘‘Gordie,’’ the name his wife goes by, tion program activities in support of tests are given in the school, with bet- was the daughter of the reputed naval global polio eradication, measles mor- ter than 75 percent of these students aviator, Theodore Gordon ‘‘Spuds’’ tality reduction, regional measles qualifying for college credit. This rigor Ellyson. elimination, and general global immu- translates into ACT scores above the Jack retired from the Navy in July of nization activities. They receive men- State and national averages. Last year, 1966 after 30 years of distinguished toring and support from dedicated CDC Woodbury High students averaged a service. He moved Gordie and his fam- employees in the field. The mission of composite score of 23.5 on the ACT ily from Key West, FL, to St. Simon’s this fellowship program is to train the test. Students requiring more academic Island, back to the nostalgic cottage of next generation of global health lead- attention may enter the Program for his youth within close proximity to the ers, and it is fitting that this program Success in grades 10, 11, and 12 in order wonderful lighthouse. Jack and Gordie honor an individual who is a foremost to earn credit for on-the-job experience have enjoyed a full life and traveled leader in global health. along with academic credits. These much since then, but their center is St. Mr. President, I ask my colleagues to classes are kept small and are taught Simon’s Island and the quaint cottage join me in celebrating the Allan by teachers who take personal respon- they affectionately call ‘‘Homeport.’’ Rosenfield Global Health Fellowship, sibility for their students’ success.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.039 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11492 CONGRESSIONAL RECORD — SENATE December 7, 2006 Woodbury High is working to fulfill passing of Sister Cynthia ‘‘Cindy’’ and 7 others were seriously injured. the District goal of giving all students Mahoney and recognize her tireless They were inspired by the highest an opportunity for excellence. With service to this country. A former emer- sense of patriotism, and they served championship athletic teams and arts gency medical technician, Sister with pride. programs generating high-quality pro- Mahoney volunteered at Ground Zero Today, CAP continues that tradition ductions, students are stretched to in New York City on September 11, as one of the most unique volunteer or- reach their potential inside and outside 2001, blessing victims and providing ganizations in America, consisting of the classroom. The Woodbury High medical and spiritual attention to sur- everyday heroes from pilots, teachers, girls soccer team has won the State vivors. In the days following, Sister and youth counselors to technology ex- championship during 3 of the past 4 Mahoney helped set up a respite pro- perts, communicators, and more. These years. The adapted soccer team and gram for first responders at St. Paul’s volunteers, most employed at a paying girls basketball team have also won Chapel across from the World Trade job, perform 95 percent of inland State championships during the past Center. She also became an official Red search-and-rescue missions in the con- several years. Excellence in education Cross volunteer chaplain serving as a tinental United States. is the daily goal of teachers, adminis- grief counselor at the Pier 91 Federal Whether performing search and res- trators, and students at Woodbury Emergency Management Agency cen- cue missions or helping communities High School. ter. In October 2001 Sister Mahoney recover from floods, wildfires, torna- Much of the credit for Woodbury Sen- joined the Red Cross Medical Exam- does, hurricanes, or terrorist attacks, ior High School’s success belongs to its iner’s Fatality Team as a chaplain CAP members are there to aid their principal, Linda Plante, and the dedi- working out of the morgue to bless Nation. In 2005 alone, they saved 73 cated teachers. The students and staff human remains excavated from Ground lives. at Woodbury Senior High School un- Zero. She served on the Fatality Team Following last year’s terrible gulf derstand that, in order to be successful, well into 2002. coast hurricanes, 1,800 CAP volunteers a school must go beyond achieving aca- In September 2002 Sister Mahoney from 17 States converged on hurricane- demic success; it must also provide a moved to South Carolina to establish a ravaged communities, serving over nurturing environment where students spiritual practice but was unsuccessful. 50,000 volunteer hours. These patriotic can develop the knowledge, skills, and By this time, Sister Mahoney was expe- members flew 1,000 air missions during attitudes for success throughout life. riencing symptoms consistent with ex- 2,000 hours of flight time and provided All of the faculty, staff, and students posure to toxic materials like asbestos. more than 2,000 time-critical images of at Woodbury Senior High School Sadly she soon became homeless, and affected areas. They also ensured the should be very proud of their accom- her physical condition continued to de- well-being of Americans by visiting plishments. teriorate. Last summer she was diag- 4,266 homes, contacting 8,500 residents, I congratulate Woodbury Senior High nosed with chronic obstructive pul- and distributing 30,000 pounds of relief School in Woodbury for winning the monary disease, COPD. Sister Mahoney supplies. Award for Excellence in Education and died on November 1, 2006, from com- Coming full circle from its begin- for its exceptional contributions to plications related to her pulmonary nings in World War II, Civil Air Patrol education in Minnesota.∑ condition. I ask that the Senate join is again taking on homeland security f me in commemorating Sister Mahoney responsibilities for the Nation. These HONORING DAVID HERMANCE for her actions at Ground Zero on Sep- include assisting the Air Force in ensuring the skies above Washington, DC, ∑ Mrs. FEINSTEIN. Mr. President, I tember 11 and in the months that fol- are safe and flying target-intercept take a moment to pay tribute to David lowed that fateful day.∑ training missions for U.S. military pi- Hermance, who died in a tragic plane f lots all at a low cost of about $100 per crash on November 25. David was the RECOGNIZING THE CIVIL AIR mission. North American executive engineer for PATROL With 530 aircraft and thousands of Advanced Technology Vehicles at Toy- ∑ trained aircrew members, CAP is a tre- ota. Mr. HARKIN. Mr. President, as a Many Americans may not know Da- member of the Civil Air Patrol for mendous asset to the United States at vid’s name, but they know his work. He more than two decades and now com- a critical juncture in our history. This was one of the most well- respected en- mander of its Congressional Squadron, capability, however, is now greatly en- vironmentalists in America. He was a I am proud to speak to you today about hanced because CAP, over the past few pioneer—called the Father of the CAP, an all-volunteer organization years, had the foresight to invest in de- American Prius—who worked tirelessly celebrating 65 years of service to the veloping and obtaining sophisticated to help explain the workings and bene- United States of America. new technologies to help with its emer- fits of hybrid and other advanced tech- CAP was created on Dec. 1, 1941, to gency missions. Today it uses two nology vehicles. assist the U.S. military. During World high-technology imaging systems Air- David was an outspoken and pas- War II, when Nazi U-boat submarines borne Real-time Cueing Hyperspectral sionate advocate. He championed ad- had infested our coastal waters, volun- Enhanced Reconnaissance, ARCHER, vanced technology vehicles throughout teer aviators of CAP’s Coastal Patrol and satellite-transmitted digital imag- his career at General Motors and Toy- distinguished themselves valiantly. It ing systems, SDIS, to assist in search ota and he earned a well-deserved rep- was a time when the U.S. military was and rescue, disaster-assessment mis- utation for being the most authori- unable to effectively counter these sub- sions and other missions. These tech- tative voice in America on hybrid tech- marines. Flying small single- and twin- nologies make it a vital asset to the nology. He helped me and many others engine aircraft armed with 50 and 100- Air Force, State governments and local better understand this new technology pound bombs, these brave men and communities. and its potential for creating a more women flew more than 24 million miles CAP also provides exceptional sustainable future and a healthier during 86,000 over-water missions—a growth opportunities to 22,550 youth in world. total of 244,600 flight hours to help win cadet programs, which stress leader- David was instrumental in raising the battle against U-boats that were ship and moral responsibility and teach awareness about the importance of preying on coastal shipping. aviation and emergency response these new technologies to help protect Despite the risk of death, they spot- skills. Through CAP, these youth gain our environment. His death is a loss for ted 173 subs, attacked 57, hit 10 and access to scholarship opportunities, top us all.∑ sank 2. The Coastal Patrol aircrews national summer flight academies, f also called in aid for 91 ships in dis- flight training in powered and glider tress, saved 363 survivors of sub at- aircraft, and programs that emphasize TRIBUTE TO SISTER CYNTHIA tacks, discovered 17 floating mines, and leadership and careers in aviation. ‘‘CINDY’’ MAHONEY flew 5,684 special convoy missions. They routinely help communities when ∑ Mr. GRAHAM. Mr. President, today I Fifty-nine members of these coura- disaster strikes and other emergencies ask that the Senate observe the recent geous aircrews died, 26 were lost at sea, occur by operating radios, helping park

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.027 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11493 aircraft, and serving on ground search benefited greatly over the past 25 years guished scholars in the fields of environ- and survey teams. from the Meals Program, and it is my mental policy, law, science and administra- In addition, CAP’s Aerospace Edu- hope these services can continue for tion, and a principal architect of the Na- cation Program touches over 400 edu- many years to come.∑ tional Environmental Policy Act of 1969, died on August 15, 2006, at his home in Bloom- cators, over 20,000 cadets, and thou- f ington, Indiana. At the time of his death Dr. sands of other youths in classrooms Caldwell was Arthur F. Bentley Professor across America by teaching them aero- CONTROL GROUP’S 100 ANNIVERSARY Emeritus of Political Science and Professor space concepts that emphasize avia- of Public and Environmental Affairs at Indi- tion’s connection to history, math, ∑ Mr. LAUTENBERG. Mr. President, I ana University. science, government, and economics. am pleased to recognize and congratu- Today, Dr. Caldwell is frequently referred CAP’s Missions for America annually late a great New Jersey company, the to as the ‘‘father of NEPA’’ and the ‘‘inven- impact the lives of thousands of Ameri- Control Group, on completing 100 years tor’’ of the Environmental Impact State- ment. Importantly, as he frequently re- cans. These 56,000 volunteers all every- of service to firms and facilities minded people later, NEPA did much more day heroes are deserving of our highest throughout the country. This century- than simply mandate paperwork. True to its praise. Please join me in honoring and old company founded in 1906 by Aus- title, Congress established this nation’s envi- recognizing the Civil Air Patrol on the trian immigrant Louis Turen is the Na- ronmental policies in Section 101(a) of the occasion of its 65th anniversary of serv- tion’s oldest, privately owned facility Act, declaring that, ‘‘it is the continuing ice to our great Nation.∑ maintenance service company. The policy of the Federal Government, in cooperation with State and local governments, f Control Group is still a family-owned and operated business and one of the and other concerned public and private orga- WESTERN SOUTH DAKOTA SENIOR nizations, to use all practicable means and largest private employers in the State SERVICES MEAL PROGRAM measures, including financial and technical of New Jersey. Four generations of the ∑ assistance, in a manner calculated to foster Mr. JOHNSON. Mr. President, today Turen family have directed Control and promote the general welfare, to create I wish recognize the fine work of the Group from their headquarters in and maintain conditions under which man Western South Dakota Senior Services Secaucus, NJ. and nature can exist in productive harmony, Meals Program in South Dakota. Louis Turen began a one-man enter- and fulfill the social, economic, and other re- This year, the Meals Program cele- prise washing windows and provided quirements of present and future generations brates 25 years of service to elderly and maintenance services. He eventually of Americans.’’ And the reach of those poli- disabled individuals in western South passed the torch on to sons Nathan and cies goes beyond the federal government to Dakota. The Meals Program currently touch every American. Indeed, in the law, Sam Turen, who continued the tradi- ‘‘The Congress recognizes that each person serves between 735 and 750 meals per tion. Today, Nathan’s sons Edward D. should enjoy a healthful environment and day, or 185,000 meals annually, to resi- Turen and Neal L. Turen carry the that each person has a responsibility to con- dents at 28 stations in 16 communities. mantle of leadership of the organiza- tribute to the preservation and enhancement These communities include Rapid City, tion. A fourth generation, Scott Turen of the environment’’ (Section 101(c)). several cities in the Black Hills, and continues to carry on the family tradi- Dr. Caldwell lived a full life, making con- many rural communities in western tion. The growth of the company has tributions on many levels. He earned his undergraduate degree in English at the Univer- South Dakota. been consistent and has expanded Despite declining budgets, the goal of sity of Chicago in 1934, his Masters degree at internationally as well as across our Harvard in History and Government in 1938, the Meals Program has remained con- country achieving revenues in excess of and his doctorate degree in Political Science stant: to provide healthy and nutri- $300 million annually. at the University of Chicago in 1943 where tious meals to hundreds of Black Hills Control’s success has produced a his special focus was on public administra- and western South Dakota residents. well-trained, loyal workforce of more tion. In 1977 he was awarded an honorary Many of these individuals are home- than 7,000 employees providing their LLD from Western Michigan University. bound, and the noon meal they receive services to real estate, retail, banking, From 1944 until 1962 Dr. Caldwell’s career is often the only warm, healthy, and was focused on public administration. U.N. airport, pharmaceutical, and manufac- appointments took him to Columbia, the nutritious meal they receive during the turing industries as well as educational Philippines and Turkey where he served in day. The visit by the Meals Program and public institutions. As a tribute to Ankara as the U.N. Co-Director of the Public volunteer is welcomed by the elderly or Control’s high-quality service capabili- Administration Institute for Turkey and the disabled individual who is unable to ties, its long-term customer base con- Middle East. He became a Professor of Gov- leave their home or apartment. It is an tinues to grow, including some 50-year ernment at Indiana University in 1956 where opportunity for a brief chat with a client relationships. Control Group has he served as Director of the Institute of friend and to receive a nutritious, Training for Public Service and Coordinator contributed to New Jersey’s economy, of the Indonesian and Thailand Public Ad- home-cooked meal. its business climate and its jobs mar- Meals are also served at various ministration programs. Further assignments ket. in a consulting or lecturing capacity took apartment complexes or senior citizens Faithful to its traditions of reliable him to Japan, Pakistan, India, Europe and centers where several tenants can come service, quality, and new products, the Australia. together, eat a good meal, and share Control Group has earned a reputation In his private capacity, however, Dr. stories with friends and neighbors. for its integrity, vision, and dedication. Caldwell was deeply committed to conserva- When someone is unable to attend the It is believed that the company will tion issues. A lover of nature from childhood, he became a knowledgeable botanist and bird noon meal, the meal is delivered to the continue to expand its service offerings apartment and it is an opportunity to watcher. He helped to found the South Bend which will continue to expand its branch of the Audubon Society, assisted in check on the health and welfare of the growth and opportunity. We applaud the establishment of the Indiana Dunes Na- individual. and thank the Turen family and their tional Lakeshore, and was a founding mem- It is my hope that more individuals fine companies for their commitment ber of both the first local chapter of The Na- can receive the benefits of the Meals to quality and client satisfaction and ture Conservancy in New York and of the In- Program in my State and across the its allegiance to its roots in the State diana chapter. He served on the Board of Nation. More funds are needed so that of New Jersey.∑ Governors of the Nature Conservancy from current programs can be maintained 1959–1965. f and expanded so that deserving individ- Dr. Caldwell will undoubtedly be missed by TRIBUTE TO LYNTON CALDWELL the many, many former students, colleagues uals can get the nutritious meals they and professionals in this country and around need. I appreciate the various local ∑ Mr. LUGAR. Mr. President, today I the world who benefited from his insights sponsors and entities that allow the honor the life and work of a fellow and teachings. His dignity, knowledge and Meals Program to function in western Hoosier, Dr. Lynton Keith Caldwell, of personal compassion for the people and world South Dakota. Bloomigton, IN. I ask that the fol- around him served this nation well.∑ I commend and applaud the great lowing tribute, attributed to Wendy work of all the staff and volunteers of Read Wertz of Bloomington, Indiana, f the Meals Program and congratulate be printed in the RECORD. Western South Dakota Senior Services, The tribute follows: HONORING SALVATORE FERRO Inc., for their efforts. Thousands of Dr. Lynton Keith Caldwell, 92, regarded as ∑ Mr. ROBERTS. Mr. President, today western South Dakota residents have one of the twentieth century’s most distin- I honor Salvatore Ferro’s 40 years of

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.026 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11494 CONGRESSIONAL RECORD — SENATE December 7, 2006 dedicated service at the Defense Intel- After receiving his bachelor of JOHN ‘‘BUCK’’ O’NEIL EULOGY ligence Agency, DIA. ‘‘Sal,’’ who has science in chemistry from Georgetown ∑ Mr. TALENT. Mr. President, today I worked for all 16 Directors of the DIA, University, where he continued his wish to pay my respects and to say will be retiring on January 3, 2007. He studies as a doctoral student, Dr. Duffy goodbye to a man who was bigger than will be sorely missed by the Select began his career as a graduate and re- life itself. John Jordan ‘‘Buck’’ O’Neil Committee on Intelligence. search assistant. His research then passed away on Friday, October 6, in Sal has had a long and distinguished took him overseas where he became a Kansas City at the age of 94. Buck was Government career. Sal served with NATO postdoctoral fellow at Univer- a gifted baseball player, a veteran of honor in the Army in the Vietnam sity College in London. After receiving the U.S. Navy, a devoted community War, working as an intelligence officer his Ph.D. he began his teaching career leader, a role model for young and old with the ‘‘Phoenix’’ program. After his at Kent State University where he first and a good friend he was and will al- discharge from the Army in 1969, Sal became a full professor and then even- ways be an American Hero. joined DIA, just 8 years after its estab- tually chairman of the Department of I count myself as truly fortunate to lishment as an agency and went right Chemistry. have known Buck and will always cher- back to Vietnam for a 1-year tour as a Upon his departure from Kent State ish the opportunities I had to visit civilian intelligence officer. University in 1996, Dr. Duffy joined the with him. When I think of Buck, I After finishing his service in Viet- faculty of Wheeling Jesuit University, think of a great and loving man with a nam, Sal returned to the United States WJU. From 1996 to 2000 he was chair- heart as big as Kansas City who be- to work in DIA’s Arlington Hall Sta- man of the Department of Biology and lieved that love and education could tion facility in northern Virginia. Dur- Chemistry and from 2000 to 2002 he was heal all wounds. I think of his near ing the next decade, Mr. Ferro drew on Chairman of the Department of Chem- mythical baseball career, a career that his wartime experience and his analyt- istry. He continues teaching small spanned seven decades, making him a ical talents to work on issues related classes that allow him to focus on indi- foremost authority of the game and vidualized education as a professor in to American servicemen taken as pris- one of its greatest ambassadors. I the Department of Chemistry. oners of war or declared missing in ac- think of his contributions to his com- In addition to his illustrious teaching tion in Southeast Asia. munity as a role model and to society In 1991, Sal moved over to DIA’s Of- career, Dr. Duffy has done a great deal as a leader in the civil rights move- fice for Congressional Affairs in the to further the general public’s knowl- ment. Buck’s contributions to the Pentagon. This is when our committee edge of chemistry and has been ac- really came to know Sal. He has been knowledged for doing so. He has re- game of baseball and society will be evan invaluable asset to the members and leased 95 publications, authored 14 re- erlasting. I’d like to take a few minutes to tell staff of the Senate Select Committee search grants at WJU, including three you a little bit about Buck’s life. from the National Science Foundation, on Intelligence. He has been tenacious Buck O’Neil, the player, was a first and has received many honors and in getting answers to our many ques- baseman and manager for the Kansas awards including the Exemplary tions and requests for information. He City Monarchs from 1937 through 1955. has taken pride in being responsive and Teacher award from the American As- His achievements include hitting .353 making sure that DIA consistently met sociation of Higher Education during and leading his team to the 1942 Negro our deadlines. More important, his pro- their 25th anniversary celebration in World Series Title. His career batting fessionalism, diplomatic skills, and 1994. average of .288, included four .300–plus amazingly positive personality have In my decades of service to the peo- seasons winning batting titles in 1940 smoothed over countless ripples in ple of West Virginia in the Senate, I and 1946, hitting .345 and.353 respec- DIA’s relations with Congress. Ask any have become very familiar with Wheel- tively. Buck played in the 1942, 1943 Intelligence Committee staffer who has ing Jesuit University and its out- and 1949 East-West All-Star Classics dealt with Sal over the years, an they standing academic programs. For 10 and barnstormed with the Satchel will tell you that he is not only a consecutive years US News and World pleasure to work with, he is also a good Report has ranked WJU as among the Paige All-Stars during the 1930s and friend. You can always count on Sal for best master’s universities in the South. 1940s. Buck O’Neil, the manager, led the a kind word and a ‘‘happy Friday.’’ Wheeling Jesuit has become one of Sal has supported the Intelligence the leading universities in the country Monarchs from 1948 through 1955. His Committee’s oversight work on count- in helping to educate and prepare stu- achievements as a manager include less topics. Some of the most signifi- dents for the dynamic economy of the sending more Negro League players to cant and time-consuming include the 9/ 21st century. WJU is home to the brand the Major Leagues than any other 11 Joint Inquiry, the review of the in- new $10 million Acker Science Center, manager in baseball history, including telligence community’s prewar intel- the Robert C. Byrd National Tech- Ernie Banks, Elston Howard, Connie ligence assessments on Iraq, and the nology Transfer Center, the Erma Ora Johnson, Sweet Lou Johnson, and Able Danger review. I will always be Byrd Center for Educational Tech- Satchel Paige. He led the Monarchs to most grateful to Sal for his tireless nologies, and NASA’s flagship edu- league titles in 1948, 1950, 1951 and 1953 support over the years in my efforts to cational program, The Classroom of and he managed the West squad in the resolve the status of Navy pilot CAPT the Future, which uses simulated space East-West All-Star game in 1950, 1952, Scott Speicher, who has been missing missions as a way to teach elementary 1954 and 1955—the West won all four since the first gulf war. and high school students about science contests. Mr. Sal Ferro is a true national intel- and math. In 1956, Buck was hired by the Chi- ligence asset, and he has been one of The true legacy of a teacher is the cago Cubs as a scout paving the way the Defense Intelligence Agency’s se- mark that their students leave on the for him to make history 6 years later cret weapons. He will be missed. world, and by that measurement Dr. when he became the first African Thank you for your service, Sal, and Duffy has certainly had a remarkable American to coach in the Major don’t be a stranger.∑ career. He has taught future Fulbright Leagues. As a scout he discovered such f Scholars, many students who have re- superstars as Lou Brock and Joe ceived departmental honors, and, of Carter. In 1988, after more than 30 TRIBUTE TO DR. NORMAN DUFFY course, students who have been in- years with the Cubs, he returned home ∑ Mr. ROCKEFELLER. Mr. President, spired enough by his example to be- to Kansas City to scout for the Kansas today I join the Council for Advance- come teachers themselves. City Royals. ment and Support of Education, CASE, As a teacher, Dr. Duffy admits his The work Buck did after his retire- and the Carnegie Foundation in hon- work is never finished. Whenever he is ment from the game are arguably more oring Dr. Norman Duffy. Dr. Duffy, a asked if he plans to retire, Dr. Duffy significant to the history of baseball chemistry professor at Wheeling Jesuit responds by asking, ‘‘Does everyone in than his exploits on the field as a play- University, has personified both the West Virginia understand chemistry?’’ er, scout and manager. Buck’s true pas- best in education and the best in West Dr. Duffy’s dedication is obvious and sion over the past 16 years was to share Virginia throughout his career. inspiring.∑ with the world the contributions that

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.079 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11495 Negro Leagues players made to our Na- will be missed but not forgotten. Our ENROLLED BILLS SIGNED tional Pastime and more importantly Nation is better by virtue of your play The message also announced that the to society through his work as chair- on the field and service off the field. Speaker has signed the following en- man of America’s National Negro The principle by which you lived your rolled bills: Leagues Baseball Museum in Kansas life will carry on through all who knew S. 1219. An act to authorize certain tribes City. you. The freedom for which you fought in the State of Montana to enter into a lease Buck’s tireless work led the Baseball endures. May God bless you with a or other temporary conveyance of water Hall of Fame in Cooperstown, NY, to splendid room within His house. He has rights to meet the water needs of the Dry hold a special election this spring to certainly blessed me with the privilege Prairie Rural Water Association. induct Negro Leagues and pre-Negro of having known you.∑ S. 2250. An act to award a congressional Leagues candidates into the Hall. In gold medal to Dr. Norman E. Bourlag. f July, 17 legendary players, managers The enrolled bills were subsequently and owners were inducted into the MESSAGE FROM THE PRESIDENT signed by the President pro tempore Hall. This induction was bittersweet (Mr. STEVENS). for many of us as its most visible leg- A message from the President of the end, Buck O’Neil, did not receive the United States was communicated to At 5:52 p.m., a message from the necessary votes. Although many of us the Senate by Ms. Evans, one of his House of Representatives, delivered by viewed this as an outrageous oversight, secretaries. Ms. Niland, one of its reading clerks, Buck graciously viewed this as one of f announced that the House has passed the greatest days in Negro Leagues his- the following bills, without amend- tory. That was Buck in his truest form. EXECUTIVE MESSAGE REFERRED ment: He was always about doing the right As in executive session the Presiding S. 2370. An act to promote the development thing. No matter what doors had been Officer laid before the Senate a mes- of democratic institutions in areas under the closed to him; he always picked him- sage from the President of the United administrative control of the Palestinian self up and did what was right, never States submitting a nomination which Authority, and for other purposes. what was easiest or most beneficial to was referred to the Committee on the S. 3759. An act to name the Armed Forces himself. What was most important to Judiciary. Readiness Center in Great Falls, Montana, in Buck was his true love for the Negro honor of Captain William Wylie Galt, a re- (The nomination received today is cipient of the Congressional Medal of Honor. Leagues, the Negro Leagues players printed at the end of the Senate pro- and the Negro Leagues Baseball Mu- ceedings.) The message further announced that seum—he poured all of his life and en- the House has passed the following ergy into seeing that their stories were f bills, in which it requests the concur- told and never forgotten. MESSAGES FROM THE HOUSE rence of the Senate: Buck reminded us that these Leagues H.R. 6344. An act to reauthorize the Office and their players are significant on so At 1:07 p.m., a message from the of National Drug Control Policy Act. many levels: they represent a triumph House of Representatives, delivered by H.R. 6345. An act to make a conforming of the human spirit, tremendous Mr. Hays, one of its reading clerks, an- amendment to the Federal Deposit Insurance sportsmanship, high quality of play, nounced that the House has passed the Act with respect to examinations of certain following bills, in which it requests the insured depository institutions, and for were of vital importance to the African other purposes. American community, and they led di- concurrence of the Senate: rectly to the integration of the Major H.R. 1458. An act to require any Federal or f Leagues, which was the first in a series State court to recognize any notarization made by a notary public licensed by a State MEASURES READ THE FIRST TIME of major civil rights landmarks that other than the State where the court is lo- The following bill was read the first eventually led to the progress we have cated when such notarization occurs in or af- time: achieved today. Buck was significant fects interstate commerce. S. 4110. A bill to enhance Federal Trade in so many ways and on so many dif- H.R. 4997. An act to extend for 2 years the Commission enforcement against illegal authority to grant waivers of the foreign ferent levels in his own right—he spam, spyware, and cross-border fraud and country residence requirement with respect played an important part in shaping deception, and for other purposes. the America we live in today. to certain international medical graduates. Buck’s remarkable life reminds me of H.R. 5280. An act to amend the Federal f a favorite poem, Game Called, by Food, Drug, and Cosmetic Act with respect to the distribution of the drug EXECUTIVE AND OTHER Grantland Rice. I’d like to read it into dextromethorphan, and for other purposes. COMMUNICATIONS the RECORD: H.R. 5798. An act to amend the Public The following communications were Game Called. Across the field of play Health Service Act to modify the program laid before the Senate, together with the dusk has come, the hour is late. for the sanctuary system for surplus chim- The fight is done and lost or won, panzees by terminating the authority for the accompanying papers, reports, and doc- the player files out through the gate. removal of chimpanzees from the system for uments, and were referred as indicated: The tumult dies, the cheer is hushed, research purposes. EC–9226. A communication from the Prin- the stands are bare, the park is still The message also announced that the cipal Deputy Associate Administrator, Office But through the night there shines the light, House agreed to the following concur- of Policy, Economics and Innovation, Envi- home beyond the silent hill ronmental Protection Agency, transmitting, rent resolutions, in which it requests pursuant to law, the report of a rule entitled Game Called. Where in the golden light the concurrence of the Senate: the bugle rolled the reveille. ‘‘Clothianidin; Pesticide Tolerances’’ (FRL The shadows creep where night falls deep, H. Con. Res. 484. Concurrent resolution No. 8105-5) received on December 4, 2006; to and taps has called the end of play. commending The New York Institute for the Committee on Agriculture, Nutrition, The game is done, the score is in, Special Education for providing excellent and Forestry. the final cheer and jeer have passed. education for students with blindness and EC–9227. A communication from the Prin- But in the night, beyond the fight, visual disabilities for 175 years, and for cipal Deputy Associate Administrator, Office the player finds his rest at last. broadening its mission to provide the same of Policy, Economics and Innovation, Envi- quality education to students with emo- ronmental Protection Agency, transmitting, Game Called. Upon the field of life tional and learning disabilities. pursuant to law, the report of a rule entitled the darkness gathers far and wide, H. Con. Res. 497. Concurrent resolution to ‘‘Cyproconazole; Pesticide Tolerances for the dream is done, the score is spun honor the memory of Arnold ‘‘Red’’ Emergency Exemptions’’ (FRL No. 8093-4) re- that stands forever in the guide. Auerbach. ceived on December 4, 2006; to the Committee Nor victory, nor yet defeat on Agriculture, Nutrition, and Forestry. is chalked against the players name. The message further announced that EC–9228. A communication from the Prin- But down the roll, the final scroll, the House passed the bill (S. 2125) to cipal Deputy Associate Administrator, Office shows only how he played the game. promote relief, security, and democ- of Policy, Economics and Innovation, Envi- There is little question that Buck racy in the Democratic Republic of the ronmental Protection Agency, transmitting, played the game with all his heart and Congo with an amendment, in which it pursuant to law, the report of a rule entitled lived his life to the fullest. Buck, you requests the concurrence of the Senate. ‘‘Paraquat Dichloride; Pesticide Tolerance

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.081 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11496 CONGRESSIONAL RECORD — SENATE December 7, 2006 Correction’’ (FRL No. 8100-3) received on De- Bureau of Industry and Security, Depart- 2006; to the Committee on Commerce, cember 4, 2006; to the Committee on Agri- ment of Commerce, transmitting, pursuant Science, and Transportation. culture, Nutrition, and Forestry. to law, the report of a rule entitled ‘‘Imple- EC–9248. A communication from the Legal EC–9229. A communication from the Sec- mentation of the Understandings Reached at Advisor to the Bureau Chief, Media Bureau, retary of Agriculture, transmitting, a report the June 2006 Australia Group Plenary Meet- Federal Communications Commission, trans- of draft legislation that would provide relief ing; Clarifications and Corrections; Addi- mitting, pursuant to law, the report of a rule and assistance to the village of Caseyville, tions to the List of States Parties to the entitled ‘‘Amendment of Section 73.202(b), Illinois regarding flood prevention and ease- Chemical Weapons Convention’’ (RIN0694– Table of Allotments, FM Broadcast Stations ment issues; to the Committee on Agri- AD86) received on December 4, 2006; to the (Carrizo Springs, Texas)’’ (MB Docket No. 06– culture, Nutrition, and Forestry. Committee on Commerce, Science, and 50) received on December 4, 2006; to the Com- EC–9230. A communication from the Under Transportation. mittee on Commerce, Science, and Transpor- Secretary of Defense (Personnel and Readi- EC–9241. A communication from the Assist- tation. ness), transmitting, pursuant to law, a re- ant Secretary for Export Administration, EC–9249. A communication from the Acting port on the approved retirement of Lieuten- Bureau of Industry and Security Administra- Chief of the Policy and Rules Division, Office ant General Robert T. Clark, United States tion, Department of Commerce, transmit- of Engineering and Technology, Federal Army, and his advancement to the grade of ting, pursuant to law, the report of a rule en- Communications Commission, transmitting, lieutenant general on the retired list; to the titled ‘‘Addition of ‘Montenegro’ and ‘Serbia’ pursuant to law, the report of a rule entitled Committee on Armed Services. as Separate Countries in the Export Admin- ‘‘In the Matter of Unlicensed Operation in EC–9231. A communication from the Under istration Regulations Based on U.S. Recogni- the TV Broadcast Bands; Additional Spec- Secretary of Defense (Personnel and Readi- tion of Montenegro as a Sovereign State’’ trum for Unlicensed Devices Below 900 MHz ness), transmitting, pursuant to law, a re- (RIN0694-AD58) received on December 4, 2006; and in the 3 GHz Band’’ (ET Docket Nos. 04– port on the approved retirement of Lieuten- to the Committee on Commerce, Science, 186 and 02–380) received on December 4, 2006; ant General Larry J. Dodgen, United States and Transportation. to the Committee on Commerce, Science, Army, and his advancement to the grade of EC–9242. A communication from the Acting and Transportation. lieutenant general on the retired list; to the Director, Office of Sustainable Fisheries, De- EC–9250. A communication from the Ad- Committee on Armed Services. partment of Commerce, transmitting, pursu- ministrator and Chief Executive Officer, EC–9232. A communication from the Under ant to law, the report of a rule entitled Booneville Power Administration, Depart- Secretary of Defense (Personnel and Readi- ‘‘Temporary Rule; Closure (New York Sum- ment of Energy, transmitting, pursuant to ness), transmitting, pursuant to law, a re- mer Flounder Commercial Fishery)’’ (ID No. law, the Administration’s annual report; to port on the approved retirement of Lieuten- 102706A) received on December 4, 2006; to the the Committee on Energy and Natural Re- ant General John R. Vines, United States Committee on Commerce, Science, and sources. EC–9251. A communication from the Gen- Army, and his advancement to the grade of Transportation. eral Counsel, Federal Energy Regulatory lieutenant general on the retired list; to the EC–9243. A communication from the Assist- Commission, transmitting, pursuant to law, Committee on Armed Services. ant Secretary for Export Administration, the report of a rule entitled ‘‘Revisions to EC–9233. A communication from the Presi- Bureau of Industry and Security Administra- the Blanket Certificate Regulations and dent, Federal Financing Bank, transmitting, tion, Department of Commerce, transmit- Clarification Regarding Rates’’ (Docket No. pursuant to law, the Bank’s management re- ting, pursuant to law, the report of a rule en- RM06–7–000) received on December 4, 2006; to port for fiscal year 2006; to the Committee on titled ‘‘Imposition of Foreign Policy Con- the Committee on Energy and Natural Re- Banking, Housing, and Urban Affairs. trols on Surreptitious Communications sources. EC–9234. A communication from the Sec- Intercepting Devices’’ (RIN0694–AC82) re- EC–9252. A communication from the Attor- retary of the Treasury, transmitting, pursu- ceived on December 4, 2006; to the Committee ney, Office of Assistant General Counsel for ant to law, a six-month periodic report on on Commerce, Science, and Transportation. Legislation and Regulatory Law, Depart- EC–9244. A communication from the Legal the national emergency with respect to ment of Energy, transmitting, pursuant to Advisor to the Bureau Chief , Media Bureau, Burma that was declared in Executive Order law, the report of a rule entitled ‘‘Non- Federal Communications Commission, trans- 13047 of May 20, 1997; to the Committee on procurement Debarment and Suspension’’ mitting, pursuant to law, the report of a rule Banking, Housing, and Urban Affairs. (RIN1991–AB74) received on December 4, 2006; EC–9235. A communication from the Chief entitled ‘‘Amendment of Section 73.202(b), to the Committee on Energy and Natural Re- Counsel, Federal Emergency Management Table of Allotments, FM Broadcast Stations sources. Agency, Department of Homeland Security, (Burkesville, Greensburg, Hodgenville, Horse EC–9253. A communication from the Prin- transmitting, pursuant to law, the report of Cave, Lebanon, Lebanon Junction, cipal Deputy Associate Administrator, Office a rule entitled ‘‘Final Flood Elevation Deter- Lewisport, Louisville, Lyndon, New Haven, of Policy, Economics and Innovation, Envi- minations’’ (71 FR 64148) received on Decem- Springfield and St. Matthews, Kentucky, Ed- ronmental Protection Agency, transmitting, ber 4, 2006; to the Committee on Banking, inburgh, Hope, Tell City and Versailles, Indi- pursuant to law, the report of a rule entitled Housing, and Urban Affairs. ana, Belle Meade, Goodlettsville, Henderson- ‘‘Approval and Promulgation of Air Quality EC–9236. A communication from the Chief ville, Manchester and Millersville, Ten- Implementation Plans; West Virginia; Emis- Counsel, Federal Emergency Management nessee)’’ (MB Docket No. 06–77) received on sion Reductions to Meet Phase II of the Ni- Agency, Department of Homeland Security, December 4, 2006; to the Committee on Com- trogen Oxides (NOx) SIP Call; Correction’’ transmitting, pursuant to law, the report of merce, Science, and Transportation. (FRL No. 8249–7) received on December 4, a rule entitled ‘‘Final Flood Elevation Deter- EC–9245. A communication from the Legal 2006; to the Committee on Environment and minations’’ (71 FR 64141) received on Decem- Advisor to the Bureau Chief , Media Bureau, Public Works. ber 4, 2006; to the Committee on Banking, Federal Communications Commission, trans- EC–9254. A communication from the Prin- Housing, and Urban Affairs. mitting, pursuant to law, the report of a rule cipal Deputy Associate Administrator, Office EC–9237. A communication from the Chief entitled ‘‘Amendment of Section 73.202(b), of Policy, Economics and Innovation, Envi- Counsel, Federal Emergency Management Table of Allotments, FM Broadcast Stations ronmental Protection Agency, transmitting, Agency, Department of Homeland Security, (Chester, Virginia; Fruitland, Maryland; pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of Lakeside, Virginia; Port Norris, New Jersey; ‘‘Approval and Promulgation of Implementa- a rule entitled ‘‘Final Flood Elevation Deter- Warsaw, Virginia, and Willards, Maryland)’’ tion Plans and Operating Permits Program; minations’’ (71 FR 64132) received on Decem- (MB Docket No. 04–409) received on December State of Missouri’’ (FRL No. 8250–7) received ber 4, 2006; to the Committee on Banking, 4, 2006; to the Committee on Commerce, on December 4, 2006; to the Committee on Housing, and Urban Affairs. Science, and Transportation. Environment and Public Works. EC–9238. A communication from the Chief EC–9246. A communication from the Legal EC–9255. A communication from the Prin- Counsel, Federal Emergency Management Advisor to the Bureau Chief, Media Bureau, cipal Deputy Associate Administrator, Office Agency, Department of Homeland Security, Federal Communications Commission, trans- of Policy, Economics and Innovation, Envi- transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule ronmental Protection Agency, transmitting, a rule entitled ‘‘Changes in Flood Elevation entitled ‘‘Amendment of Section 73.202(b), pursuant to law, the report of a rule entitled Determinations’’ (71 FR 60854) received on Table of Allotments, FM Broadcast Stations ‘‘Approval and Promulgation of Implementa- December 4, 2006; to the Committee on Bank- (Powers, Oregon and Zapata, Texas)’’ (MB tion Plans; State of Missouri’’ (FRL No. 8250– ing, Housing, and Urban Affairs. Docket Nos. 05–14 and 05–15) received on De- 9) received on December 4, 2006; to the Com- EC–9239. A communication from the Chief cember 4, 2006; to the Committee on Com- mittee on Environment and Public Works. Counsel, Federal Emergency Management merce, Science, and Transportation. EC–9256. A communication from the Prin- Agency, Department of Homeland Security, EC–9247. A communication from the Legal cipal Deputy Associate Administrator, Office transmitting, pursuant to law, the report of Advisor to the Bureau Chief, Media Bureau, of Policy, Economics and Innovation, Envi- a rule entitled ‘‘Changes in Flood Elevation Federal Communications Commission, trans- ronmental Protection Agency, transmitting, Determinations’’ (71 FR 59385) received on mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled December 4, 2006; to the Committee on Bank- entitled ‘‘Amendment of Section 73.202(b), ‘‘Approval and Promulgation of Implementa- ing, Housing, and Urban Affairs. Table of Allotments, FM Broadcast Stations tion Plans; State of Missouri’’ (FRL No. 8251– EC–9240. A communication from the Assist- (Boonville and Wheatland, Missouri)’’ (MB 2) received on December 4, 2006; to the Com- ant Secretary for Export Administration, Docket No. 06–88) received on December 4, mittee on Environment and Public Works.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.117 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11497 EC–9257. A communication from the Prin- relative to the implementation of the Age port on the Department for period April 1, cipal Deputy Associate Administrator, Office Discrimination Act of 1975 by the depart- 2006 through September 30, 2006; to the Com- of Policy, Economics and Innovation, Envi- ments and agencies that administer pro- mittee on Homeland Security and Govern- ronmental Protection Agency, transmitting, grams of Federal financial assistance; to the mental Affairs. pursuant to law, the report of a rule entitled Committee on Health, Education, Labor, and EC–9278. A communication from the Presi- ‘‘Approval and Promulgation of Air Quality Pensions. dent of the United States, transmitting, an Implementation Plans; Delaware; Revisions EC–9266. A communication from the Sec- alternative plan for locality pay increases to Regulation 1102—Permits’’ (FRL No. 8252– retary of Health and Human Services, trans- payable to certain civilian Federal employ- 5) received on December 4, 2006; to the Com- mitting, pursuant to law, a report relative to ees; to the Committee on Homeland Security mittee on Environment and Public Works. the findings of the evaluations of certain and Governmental Affairs. EC–9258. A communication from the Prin- Public Housing Service Act programs; to the EC–9279. A communication from the Direc- cipal Deputy Associate Administrator, Office Committee on Health, Education, Labor, and tor of the Peace Corps, transmitting, pursu- of Policy, Economics and Innovation, Envi- Pensions. ant to law, the Corps’ Performance and Ac- ronmental Protection Agency, transmitting, EC–9267. A communication from the Direc- countability Report for fiscal year 2006; to pursuant to law, the report of a rule entitled tor, Directorate of Construction, Depart- the Committee on Homeland Security and ‘‘Approval and Promulgation of Air Quality ment of Labor, transmitting, pursuant to Governmental Affairs. Implementation Plans; Maine; Redesignation law, the report of a rule entitled ‘‘Steel Erec- EC–9280. A communication from the Direc- of the Portland, Maine and the Hancock, tion; Slip Resistance of Skeletal Structural tor, Regulations and Rulings Division, Alco- Knox, Lincoln and Waldo Counties, Maine Steel’’ (RIN1218–AC14) received on December hol and Tobacco Tax and Trade Bureau, Ozone Nonattainment Areas to Attainment 4, 2006; to the Committee on Health, Edu- transmitting, pursuant to law, the report of and Approval of These Areas’ Maintenance cation, Labor, and Pensions. a rule entitled ‘‘Los Carneros Viticultural Plans’’ (FRL No. 8253–4) received on Decem- EC–9268. A communication from the Gen- Area Technical Amendment’’ (RIN1513–AB32) ber 4, 2006; to the Committee on Environ- eral Counsel, Government Accountability Of- received on December 4, 2006; to the Com- ment and Public Works. fice, transmitting, pursuant to law, a report mittee on the Judiciary. EC–9259. A communication from the Prin- relative to the implementation of the Of- EC–9281. A communication from the Direc- cipal Deputy Associate Administrator, Office fice’s recommendations; to the Committee tor, Regulations and Rulings Division, Alco- of Policy, Economics and Innovation, Envi- on Homeland Security and Governmental Af- hol and Tobacco Tax and Trade Bureau, ronmental Protection Agency, transmitting, fairs. transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled EC–9269. A communication from the Chair- a rule entitled ‘‘Establishment of the Tracy ‘‘Approval and Promulgation of Implementa- man, United States International Trade Hills Viticultural Area’’ (RIN1513–AA89) re- tion Plans, South Carolina: Revisions to Commission, transmitting, pursuant to law, ceived on December 4, 2006; to the Committee State Implementation Plan’’ (FRL No. 8252– the Commission’s Performance and Account- on the Judiciary. 9) received on December 4, 2006; to the Com- ability Report for fiscal year 2006; to the f mittee on Environment and Public Works. Committee on Homeland Security and Gov- PETITIONS AND MEMORIALS EC–9260. A communication from the Prin- ernmental Affairs. cipal Deputy Associate Administrator, Office EC–9270. A communication from the Sec- The following petitions and memo- of Policy, Economics and Innovation, Envi- retary of Veterans Affairs, transmitting, rials were laid before the Senate and ronmental Protection Agency, transmitting, pursuant to law, the Department’s Perform- were referred or ordered to lie on the pursuant to law, the report of a rule entitled ance and Accountability Report for fiscal table as indicated: ‘‘Approval and Promulgation of Implementa- year 2006; to the Committee on Homeland Se- POM–444. A resolution adopted by the tion Plans; Revisions to the Nevada State curity and Governmental Affairs. Michigan House of Representatives relative Implementation Plan; Monitoring and Vola- EC–9271. A communication from the Sec- to extending the production tax credit for tile Organic Compound Rules’’ (FRL No. retary of Energy, transmitting, pursuant to wind power energy development; to the Com- 8243–9) received on December 4, 2006; to the law, the Department’s Performance and Ac- mittee on Finance. Committee on Environment and Public countability Report for fiscal year 2006; to Works. the Committee on Homeland Security and HOUSE RESOLUTION NO. 307 EC–9261. A communication from the Prin- Governmental Affairs. Whereas, Energy is our economic lifeblood. cipal Deputy Associate Administrator, Office EC–9272. A communication from the Chair- Indeed, with energy prices soaring to new of Policy, Economics and Innovation, Envi- man, Defense Nuclear Facilities Safety and never seen heights in our country this is ronmental Protection Agency, transmitting, Board, transmitting, pursuant to law, the more apparent now than ever. In an effort to pursuant to law, the report of a rule entitled Board’s Performance and Accountability Re- foster the development of alternative energy ‘‘National Emission Standards for Hazardous port for fiscal year 2006; to the Committee on sources for the future, a production tax cred- Air Pollutants for Industrial, Commercial, Homeland Security and Governmental Af- it for wind power energy development was and Institutional Boilers and Process Heat- fairs. established in 1992. The success of this pro- ers: Reconsideration of Emissions Averaging EC–9273. A communication from the Spe- gram is evident in the significant progress Provision and Technical Corrections’’ (FRL cial Assistant to the President and Director, that has been made in the development of No. 8252–2) received on December 4, 2006; to Office of Administration, Executive Office of clean sources of power for our country in the the Committee on Environment and Public the President, transmitting, pursuant to years since that time; and Works. law, a report relative to personnel employed Whereas, The long-term effectiveness of EC–9262. A communication from the Prin- in various Executive offices; to the Com- the production tax credit for wind energy de- cipal Deputy Associate Administrator, Office mittee on Homeland Security and Govern- velopment has been impeded by the fact that of Policy, Economics and Innovation, Envi- mental Affairs. this important program faces sunset provi- ronmental Protection Agency, transmitting, EC–9274. A communication from the Attor- sions every two years. Although the sunset is pursuant to law, the report of a rule entitled ney General, transmitting, pursuant to law, a productive oversight tool to ensure sound ‘‘Revocation of TSCA Section 4 Testing Re- the ‘‘Inspector General’s Semiannual Report spending policies, an extended effort like de- quirements for Coke-Oven Light Oil (Coal)’’ to Congress’’ and the ‘‘Attorney General’s veloping viable wind energy technologies re- ((RIN2070–AD16)(FRL No. 8103–2)) received on Semiannual Management Report to Con- quires enormous capital expenses and long- December 4, 2006; to the Committee on Envi- gress’’; to the Committee on Homeland Secu- term commitment. The requirement for re- ronment and Public Works. rity and Governmental Affairs. newal every two years has proven to be coun- EC–9263. A communication from the Prin- EC–9275. A communication from the Sec- terproductive, as demonstrated by the fact cipal Deputy Associate Administrator, Office retary of Veterans Affairs, transmitting, that during most two-year cycles, the of Policy, Economics and Innovation, Envi- pursuant to law, the Inspector General’s amount of power added by wind energy in- ronmental Protection Agency, transmitting, semiannual report for the period April 1, 2006 vestment drops considerably in the second pursuant to law, the report of a rule entitled through September 30, 2006; to the Com- year as developers worry if the tax credit ‘‘State Operating Permit Programs; Dela- mittee on Homeland Security and Govern- will be renewed after its sunset expiration; ware; Amendments to the Definition of a mental Affairs. and ‘Major Source’’’ (FRL No. 8252–3) received on EC–9276. A communication from the Ad- Whereas, The production tax credit would December 4, 2006; to the Committee on Envi- ministrator, General Services Administra- be far more effective if it could be extended ronment and Public Works. tion, transmitting, pursuant to law, the farther beyond a two-year period. Like most EC–9264. A communication from the Acting semiannual report relative to the Office of other tax credits the government creates to U.S. Global AIDS Coordinator, Department Inspector General’s auditing activity and a encourage beneficial behaviors, the produc- of State, transmitting, pursuant to law, a re- report relative to the implementation status tion tax credit is designed to foster an port relative to the President’s Emergency of audit recommendations; to the Committee emerging and capital-intensive industry that Plan for AIDS Relief; to the Committee on on Homeland Security and Governmental Af- may one day be a key part of America’s over- Foreign Relations. fairs. all energy needs. Clearly, wind energy tech- EC–9265. A communication from the Sec- EC–9277. A communication from the Sec- nology will see many more significant ad- retary of Health and Human Services, trans- retary of Labor, transmitting, pursuant to vances with a consistent, multiple-year tax mitting, pursuant to law, an annual report law, the Inspector General’s semiannual re- approach; now, therefore, be it

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.120 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11498 CONGRESSIONAL RECORD — SENATE December 7, 2006 Resolved by the House of Representatives, Theological School on the island of Halki, and Native Americans and Alaskan Natives. That we memorialize the Congress of the which the Turkish government closed in By distributing three-fourths of all the pub- United States to enact legislation to extend 1971, thus impeding training for Orthodox licly funded doses, the Vaccine for Children the production tax credit for wind power en- Christian clergy; and program gives eligible children access to ergy development beyond the two-year cycle Whereas, The Turkish government has con- newly recommended vaccines and strength- under which it now operates: and be it fur- fiscated nearly 94% of the properties of the ens immunity levels across the community. ther Ecumenical Patriarchate and has placed a Further, the program delivers vaccines to Resolved, That copies of this document be 42% tax retroactive to 1999 on the Baloukli children as part of their routine, primary presented to the President of the United Hospital and Home for the Aged, a charity care rather than diverting them to public States Senate, the Speaker of the United hospital run by the Ecumenical Patri- health departments; and States House of Representatives, and the archate; and Whereas, A list of vaccines to be adminis- members of the Michigan congressional dele- Whereas, The European Union, a group of tered through the Vaccine for Children pro- gation. nations with a common goal of promoting gram is developed through sound, scientific peace and the well-being of its peoples, began review. The Advisory Committee on Immuni- POM–445. A resolution adopted by the accession negotiations with Turkey on Octo- zation Practices is authorized in statute to Pennsylvania House of Representatives rel- ber 3, 2005; and establish the list of vaccines to be adminis- ative to securing international recognition Whereas, The European Union defined tered through the program. Fifteen experts and rights for the Ecumenical Patriarchate; membership criteria for accession at the Co- in infectious disease and immunization who to the Committee on Foreign Relations. penhagen European Council in 1993, obli- sit on the committee meet publicly three HOUSE RESOLUTION NO. 876 gating candidate countries to achieve cer- times a year to consider revising the list Whereas, The Ecumenical Patriarchate, lo- tain levels of reform, including stability of through the addition of new vaccines or re- cated in Istanbul, Turkey, is the sacred See institutions guaranteeing democracy, adher- vising existing vaccine resolutions. The list that presides in a spirit of brotherhood over ence to the rule of law and respect for and then provides the basis for the Centers for a communion of the self-governing churches protection of minorities and human rights; Disease Control and Prevention to negotiate of the Orthodox Christian world; and and contacts for the purchase of large quantities Whereas, The See is led by Ecumenical Pa- Whereas, The Turkish government’s cur- of childhood vaccines; and triarch Bartholomew, who is the 269th in di- rent treatment of the Ecumenical Patri- Whereas, The Vaccine for Children pro- rect succession to the Apostle Andrew and archate is inconsistent with the membership gram adheres to the Vaccine Management holds titular primacy as primus inter pares, conditions and goals of the European Union; Business Improvement Project, which meaning ‘‘first among equals’’ in the com- and leverages commercial best practices in vac- munity of Orthodox churches worldwide; and Whereas, Orthodox Christians in this Com- cine procurement, ordering, distribution, and Whereas, In 1994 Ecumenical Patriarch monwealth and throughout the United supply management. The program saves Bartholomew, along with leaders of the Ap- States stand to lose their spiritual leader be- money for states through bulk purchases and peal of Conscience Foundation, cosponsored cause of the continued actions of the Turk- eliminates variations in price from state to the Conference on Peace and Tolerance, ish government; and state. By managing public resources so as- which brought together Christian, Jewish Whereas, In November 2006 the Archons of tutely, the program has achieved the ulti- and Muslim religious leaders for an inter- the Ecumenical Patriarchate of the Order of mate goal of eliminating cost as a barrier to faith dialogue to help end the Balkan con- St. Andrew the Apostle, a group of laymen vaccinating eligible children; now, therefore, flict and the ethnic conflict in the Caucasus who each have been honored with a Patriar- be it region; and chal title, or ‘‘offikion,’’ by the Ecumenical Resolved by the Senate, That we memori- Whereas, In 1997 the Congress of the United Patriarch for their outstanding service to alize Congress to increase funding to fully States awarded Ecumenical Patriarch Bar- the Orthodox Church, will send an American implement the Vaccine for Children pro- tholomew with the Congressional Gold delegation to Turkey to meet with Turkish gram; and be it further Medal; and government officials, as well as the United Resolved, That copies of this resolution be Whereas, Following the terrorist attacks States Ambassador to the Republic of Tur- transmitted to the President of the United on our nation on September 11, 2001, Ecu- key, regarding the Turkish government’s States Senate, the Speaker of the United menical Patriarch Bartholomew gathered a treatment of the Ecumenical Patriarchate; States House of Representatives, and the group of international religious leaders to therefore be it members of the Michigan congressional dele- produce the first joint statement with Mus- Resolved, That the House of Representa- gation. lim leaders that condemned the 9/11 attacks tives of the Commonwealth of Pennsylvania as ‘‘anti-religious’’; and urge the Government of Turkey to do all of f Whereas, In October 2005 the Ecumenical the following: EXECUTIVE REPORT OF Patriarch, along with Christian, Jewish and (1) Uphold and safeguard religious and COMMITTEE Muslim leaders, cosponsored the Conference human rights without compromise. on Peace and Tolerance to further promote (2) Cease its discrimination of the Ecu- The following executive report of a peace and stability in southeastern Europe, menical Patriarchate. nomination was submitted: the Caucasus region and Central Asia via re- (3) Grant the Ecumenical Patriarch appro- By Mr. GRASSLEY for the Committee on ligious leaders’ interfaith dialogue, under- priate international recognition, ecclesiastic Finance. standing and action; and succession and the right to train clergy of all *Eric Solomon, of New Jersey, to be an As- Whereas, The Orthodox Christian Church, nationalities. sistant Secretary of the Treasury. in existence for nearly 2,000 years, numbers (4) Respect the property rights and human approximately 300 million members world- rights of the Ecumenical Patriarchate; and *Nomination was reported with rec- wide with more than 2 million members in be it further ommendation that it be confirmed sub- the United States; and Resolved, That copies of this resolution be ject to the nominee’s commitment to Whereas, Since 1453 the continuing pres- transmitted to the President of the United respond to requests to appear and tes- ence of the Ecumenical Patriarchate in Tur- States, to the United States Ambassador to tify before any duly constituted com- key has been a living testament to the reli- the Republic of Turkey, to the Ambassador mittee of the Senate. gious coexistence of Christians and Muslims; of the Republic of Turkey to the United and States and to the Pennsylvania Congres- f Whereas, This religious coexistence is in sional Delegation. jeopardy because the Government of Turkey INTRODUCTION OF BILLS AND JOINT RESOLUTIONS refuses to recognize the rights and religious POM–446. A resolution adopted by the freedoms of the Ecumenical Patriarchate, Michigan Senate relative to increasing fund- The following bills and joint resolu- which is considered a minority religion by ing to fully implement the Vaccine for Chil- tions were introduced, read the first the Turkish government; and dren Program; to the Committee on Health, Whereas, The Government of Turkey has and second times by unanimous con- Education, Labor, and Pensions. limited the candidates available to hold the sent, and referred as indicated: office of Ecumenical Patriarch to only Turk- SENATE RESOLUTION NO. 162 By Mr. LEVIN: ish nationals, and from the millions of Or- Whereas, The Vaccine for Children pro- S. 4099. A bill for the relief of Perlat Binaj, thodox Christians living in Turkey at the gram is an outstanding example of a success- Almida Binaj, Erina Binaj, and Anxhela turn of the 20th century, and due to the con- ful public-private partnership between the Binaj; to the Committee on the Judiciary. tinued policies of minority discrimination United States Centers for Disease Control By Mr. VOINOVICH (for himself, Mr. during this period by the Turkish govern- and Prevention and healthcare providers. AKAKA, Mr. LUGAR, Ms. MIKULSKI, ment, there remain less than 3,000 of the Ec- Vaccines purchased with the buying power of and Mr. SANTORUM): umenical Patriarch’s flock left in Turkey the federal government are distributed, at no S. 4100. A bill to expand visa waiver pro- today; and cost to the patient or provider, to all partici- gram to countries on a probationary basis Whereas, The Government of Turkey has pating providers caring for uninsured and and for other purposes; to the Committee on reneged on its agreement to reopen the underinsured children, Medicaid recipients, the Judiciary.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.145 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11499

By Mr. INHOFE (for himself and Mr. By Mr. LUGAR (for himself, Mr. BIDEN, S. 3696 CARPER): and Mr. REID): At the request of Mr. BROWNBACK, the S. 4101. A bill to amend the Federal Water S. Res. 627. A resolution commemorating name of the Senator from North Caro- Pollution Control Act to provide more effec- the one-year anniversary of the November 9, lina (Mrs. DOLE) was added as a cospon- tive permitting and enforcement mecha- 2005, terrorist attacks in Amman, Jordan; nisms for stormwater discharges associated considered and agreed to. sor of S. 3696, a bill to amend the Re- with residential construction activity; to the By Mr. STEVENS (for himself, Mr. vised Statutes of the United States to Committee on Environment and Public INOUYE, Ms. SNOWE, Ms. LANDRIEU, prevent the use of the legal system in Works. Mr. GREGG, Mr. LOTT, Mr. REED, Ms. a manner that extorts money from By Mr. OBAMA: CANTWELL, Mr. VITTER, Mr. SALAZAR, State and local governments, and the S. 4102. A bill to amend the Communica- Mr. AKAKA, Mr. WYDEN, Mr. SMITH, Federal Government, and inhibits such tions Act of 1934 to prohibit the use of tele- Ms. MURKOWSKI, and Mr. COCHRAN): governments’ constitutional actions communications devices for the purposes of S. Res. 628. A resolution supporting the under the first, tenth, and fourteenth preventing or obstructing the broadcast or 200th anniversary of the nation’s nautical exchange of election-related information; to charting and related scientific programs, amendments. the Committee on Commerce, Science, and which formed the basis for what is today the S. 3744 Transportation. National Oceanic and Atmospheric Adminis- At the request of Mr. DURBIN, the By Mrs. CLINTON: tration; considered and agreed to. names of the Senator from Texas (Mr. S. 4103. A bill to prevent nuclear terrorism, By Mr. FRIST (for himself and Mr. CORNYN) and the Senator from Maine and for other purposes; to the Committee on REID): (Ms. SNOWE) were added as cosponsors Armed Services. S. Res. 629. A resolution establishing a proof S. 3744, a bill to establish the Abra- cedure for affixing and removing permanent By Mr. SMITH: ham Lincoln Study Abroad Program. S. 4104. A bill to amend the Internal Rev- artwork and semi-permanent artwork in the enue Code of 1986 to provide credit rate par- Senate wing of the Capitol and in the Senate S. 3922 ity for all renewable resources under the office buildings; considered and agreed to. At the request of Ms. MURKOWSKI, the electricity production credit; to the Com- By Mr. STEVENS: name of the Senator from Illinois (Mr. mittee on Finance. S. Con. Res. 123. A concurrent resolution DURBIN) was added as a cosponsor of S. By Ms. LANDRIEU: providing for correction to the enrollment of 3922, a bill to clarify the status of the S. 4105. A bill to authorize the project for the bill H.R. 5946; considered and agreed to. Young Woman’s Christian Association hurricane and storm damage reduction, f Retirement Fund as a defined contribu- Morganza to the Gulf of Mexico, Louisiana; to the Committee on Environment and Pub- ADDITIONAL COSPONSORS tion plan for certain purposes. S. 4080 lic Works. S. 676 By Mr. SCHUMER: At the request of Mr. STEVENS, the At the request of Mr. STEVENS, the S. 4106. A bill to provide for research into name of the Senator from Colorado name of the Senator from Texas (Mr. the development of energy-efficient tech- (Mr. ALLARD) was added as a cosponsor CORNYN) was added as a cosponsor of S. nologies and to foster the introduction of en- of S. 4080, a bill to amend title 17, 676, a bill to provide for Project GRAD ergy-efficient technologies into the market- United States Code, with respect to place, with the goal of reducing United programs, and for other purposes. settlement agreements reached with States oil imports; to the Committee on En- S. 729 ergy and Natural Resources. respect to litigation involving certain At the request of Mr. DURBIN, the By Mr. KERRY: secondary transmissions of supersta- S. 4107. A bill to amend the Internal Rev- name of the Senator from New York tions and network stations. (Mr. SCHUMER) was added as a cospon- enue Code of 1986 to replace the Hope and S. 4096 sor of S. 729, a bill to establish the Lifetime Learning credits with a partially At the request of Mr. VOINOVICH, the refundable college opportunity credit; to the Food Safety Administration to protect name of the Senator from Illinois (Mr. Committee on Finance. the public health by preventing food- DURBIN) was added as a cosponsor of S. By Mr. BINGAMAN: borne illness, ensuring the safety of S. 4108. A bill to amend the Colorado River 4096, a bill to require the Secretary of food, improving research on contami- the Army to operate and maintain as a Storage Project Act and Public Law 87–483, nants leading to food-borne illness, and to authorize the construction and rehabilita- system the Chicago sanitary and ship tion of water infrastructure in Northwestern improving security of food from inten- canal dispersal barriers to prevent the New Mexico, to authorize the use of the rec- tional contamination, and for other spread of aquatic invasive species into lamation fund to fund the Reclamation purposes. the Great Lakes, and to determine the Water Settlements Fund, to authorize the S. 828 feasibility of a dispersal barrier project conveyance of certain Reclamation land and At the request of Mr. HARKIN, the at the Lake Champlain Canal, and for infrastructure, to authorize the Commis- name of the Senator from Arkansas sioner of Reclamation to provide for the de- other purposes. livery of water, and for other purposes; to (Mrs. LINCOLN) was added as a cospon- S. 4098 the Committee on Energy and Natural Re- sor of S. 828, a bill to enhance and fur- At the request of Mr. DODD, the name sources. ther research into paralysis and to im- of the Senator from New York (Mrs. By Mr. LAUTENBERG: prove rehabilitation and the quality of CLINTON) was added as a cosponsor of S. S. 4109. A bill to amend title 49, United life for persons living with paralysis 4098, a bill to improve the process for States Code, to prohibit the operation of cer- and other physical disabilities, and for the development of needed pediatric tain aircraft not complying with stage 3 other purposes. noise levels; to the Committee on Commerce, medical devices. Science, and Transportation. S. 1172 S. CON. RES. 106 By Mr. SMITH (for himself, Mr. At the request of Mr. SPECTER, the At the request of Mr. JOHNSON, the INOUYE, Mr. MCCAIN, Mr. NELSON of name of the Senator from Utah (Mr. name of the Senator from Oklahoma Florida, Mr. BURNS, and Mr. PRYOR): HATCH) was added as a cosponsor of S. (Mr. COBURN) was added as a cosponsor S. 4110. A bill to enhance Federal Trade 1172, a bill to provide for programs to of S. Con. Res. 106, a concurrent resolu- Commission enforcement against illegal increase the awareness and knowledge tion expressing the sense of Congress spam, spyware, and cross-border fraud and of women and health care providers deception, and for other purposes; read the regarding high level visits to the first time. with respect to gynecologic cancers. United States by democratically elect- S. 1405 ed officials of Taiwan. f At the request of Mr. NELSON of Ne- S. RES. 590 SUBMISSION OF CONCURRENT AND braska, the name of the Senator from At the request of Mr. VITTER, the SENATE RESOLUTIONS Rhode Island (Mr. REED) was added as a name of the Senator from Louisiana The following concurrent resolutions cosponsor of S. 1405, a bill to extend (Ms. LANDRIEU) was added as a cospon- and Senate resolutions were read, and the 50 percent compliance threshold sor of S. Res. 590, a resolution desig- referred (or acted upon), as indicated: used to determine whether a hospital nating the second Sunday in December By Mr. FRIST: or unit of a hospital is an inpatient re- 2006, as ‘‘National Children’s Memorial S. Res. 626. A resolution relating to the rehabilitation facility and to establish Day’’ in conjunction with The Compas- tirement of Linda E. Sebold; considered and the National Advisory Council on Med- sionate Friends Worldwide Candle agreed to. ical Rehabilitation. Lighting.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.116 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11500 CONGRESSIONAL RECORD — SENATE December 7, 2006 STATEMENTS ON INTRODUCED countries are also actively engaged in countries, for a probationary period of BILLS AND JOINT RESOLUTIONS Cuba, helping to promote democracy 3 years. By Mr. VOINOVICH (for himself, there. Likewise, they have a unique un- In order for a country to participate in the plan, the executive branch would Mr. AKAKA, Mr. LUGAR, Ms. MI- derstanding of the struggle for democ- first need to certify that the country is KULSKI, and Mr. SANTORUM): racy that is taking place in Iraq and S. 4100. A bill to expand visa waiver Afghanistan. cooperative on counterterrorism and program to countries on a proba- Despite their commitments to the does not pose a security or law enforce- tionary basis and for other purposes; to principles of freedom and democracy, ment threat to the United States. How- the Committee on the Judiciary. these countries are still paying a price ever, the country would also be re- Mr. VOINOVICH. Mr. President, I that other countries in the West do not quired to take a number of new steps rise to introduce The Secure Travel pay. Citizens of Portugal, the U.K., or to enhance our common security. Prior to participation, the countries and Counterterrorism Partnership Act Spain can travel easily to the U.S., would be required to conclude new of 2006, along with my good friends while citizens of Poland, Hungary, and agreements with the United States to Senators AKAKA, LUGAR, MIKULSKI, and Slovakia are given second-class treat- further strengthen cooperation on SANTORUM. ment. This legislation would expand the I would like to share a few examples counterterrorism and improve informa- U.S. Visa Waiver Program in a way to put a human face on this problem. tion-sharing about critical security issues. that would increase cooperation with I recently learned of a story involv- Some might say—if these countries key allies in the war on terror while ing a young Czech officer who served in Iraq with Americans. This soldier are key allies, aren’t they cooperating strengthening U.S. national security. with us already? The answer is yes. The bill provides a way for us to ex- wanted to come to America to visit the They are very cooperative. But in to- pand and improve the visa waiver sys- American friends he made during com- day’s heightened security environment, tem so that Americans are safer and bat operations. But his application for there is more that each country can do, our Nation is more prosperous for a visa was refused. Why? Because his such as sharing additional sensitive in- years to come. passport included a visit to Iraq, the formation that can help our intel- This legislation comes at a particu- very place he served with American ligence community and law enforce- larly important time in our Nation’s soldiers. ment agencies investigate threats and history. We are currently facing mul- Another example involves young stu- combat terrorist activity. By negoti- tiple foreign policy challenges in the dents from places like Latvia, Estonia, ating new agreements on post-9/11 world. We need the coopera- or Bulgaria. These young people have a counterterrorism and information- tion of several allies to combat positive view of America and hope to sharing to permit participation in the transnational threats. As such, we are visit our country. However, their ex- Visa Waiver Program, we can reduce asking our friends and allies to con- pensive visa applications are frequently rejected, dampening their spir- threats to the United States. tribute more of their troops and re- Additionally, the legislation would its and tainting their image of Amer- sources to Iraq, Afghanistan, and other require the countries to enact a num- ica. And this view is spreading every conflicts in the world, so that we can ber of significant security measures, day. be successful. This legislation will help which would limit illegal entry and un- By limiting travel to the U.S., we are us to solidify these relationships and lawful presence in their countries and risking a loss of influence with the fu- increase goodwill toward the U.S. for impede travel by terrorists and ture leaders of our closest allies. years to come, while also enhancing transnational criminals. Security I have been working for the last sev- travel security and safety at home. standards required for participation in eral months to develop a piece of legis- My legislation would authorize the the program would include electronic lation that will address these chal- Department of Homeland Security, in passports with biometric information, lenges, without sacrificing U.S. secu- consultation with the Department of as well as prompt reporting of lost, sto- rity. I was pleased when I heard Presi- State, to expand the Visa Waiver Pro- len, or fraudulent travel documents to dent Bush announce his intention to gram to countries that are true friends the U.S. and Interpol. of America and prepared to do more to focus on this issue in the coming year. These new requirements would help help us keep terrorists and criminals On the margins of the NATO Summit make the U.S. more secure. Expanding out of our borders. in Riga, he called on Congress to ex- the number of participating countries For those that do not know about the pand the Visa Waiver Program so that would increase the number of states Visa Waiver Program, it was estab- we can reward our closest allies for meeting common security standards. lished in 1986 to improve relations with their help and friendship. This would allow the United States to U.S. allies and strengthen the U.S. I agree with the President—but I shift consular resources used to issue economy. The program permitted na- want to clarify that this is not simply visas to other missions with more crit- tionals from the selected countries to a reward for these countries. The true ical security needs. enter the United States without a visa reward is the knowledge that we are If at any time, participant countries for up to 90 days for tourism or busi- free and democratic countries working are not complying with these require- ness. together to advance international secu- ments, their probationary status in the Currently, 27 countries participate in rity. But the foremost goal of this leg- program could be revoked. Likewise, if the program, including the United islation is to create mutually bene- the program is determined to be suc- Kingdom. But there are a number of ficial partnerships with clear national cessful, it could be expanded to include new allies who would also like to par- security advantages for the United additional countries. ticipate in the Visa Waiver Program States. The last part of the legislation is and are willing to meet strict security By continuing on the current path, aimed at enhancing security require- requirements and cooperate on we risk marginalizing some of our clos- ments for countries who are currently counterterrorism initiatives. est allies in the war on terror and los- participating in the Visa Waiver Pro- Many of these countries were former ing the hearts and minds of their fu- gram. In this post 9/11 world, the U.S. members of the Soviet Union. They ture leaders and citizens. We have an Government has already required addi- were victims of Soviet oppression for opportunity to change direction in a tional security measures of partici- years, against their will, and despite way that will promote our own na- pating visa waiver countries, such as their desire for freedom. tional security interests and improve machine-readable passports with bio- Today, many of these countries have control of our borders. The Secure metric information. But we can and boots on the ground in Iraq and Af- Travel and Counterterrorism Partner- must do more. ghanistan and want to help us stop the ship Act can achieve all of these objec- I was very pleased that last week, terrorists and promote democracy. tives. Homeland Security Secretary Chertoff These countries are naturally suited to What would this bill do? recommended several new measures to help other countries as they fight for The legislation would expand visa- further enhance the efficiency and se- freedom and democracy. Many of these free travel privileges for up to five new curity of the Visa Waiver Program. His

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.129 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11501 recommendations included an elec- Governmental Affairs Committees, I propriate to ensure the security and integ- tronic travel authorization system, ad- believe that we have a real opportunity rity of travel documents, including require- ditional passenger information ex- to improve our foreign relations, our ments to issue electronic passports that in- changes, common standards for airport homeland defense, and the visa waiver clude biometric information and to promptly security and baggage screening, co- report lost, stolen, or fraudulent passports to system overall. the Government of the United States; operation in the air marshal program, Therefore, I call on my colleagues in ‘‘(iv) that country cooperated with the and home country assistance in repa- the Senate and the House to examine Government of the United States on triation for any traveler who overstays this legislation with a serious eye, re- counterterrorism initiatives and information the terms of their visa or violates U.S. fraining from the knee-jerk reaction sharing before the date of the enactment of law. that an expanded program is bad for this paragraph; and As the administration works to de- national security. When you look at ‘‘(v) that country has entered into an velop the details of these recommenda- the facts involved and the opportuni- agreement with the Government of the tions, my legislation would require ties ahead, you can see that we have a United States by which that country agrees that within one year, the executive chance to improve security coopera- to further advance United States security interests by implementing such additional branch provide a report to Congress on tion and strengthen the bonds of its plans for the Visa Waiver Program counterterrorism cooperation and informa- friendship with our allies in the war on tion sharing measures as may be requested improvements. terror. by the Secretary of Homeland Security, in In addition to the benefits to foreign I look forward to working with my consultation with the Secretary of State. relations and homeland security, this colleagues in the Congress and the ‘‘(C) CONSIDERATIONS FOR COUNTRY SELEC- bill would do a great deal to advance President to move this legislation for- TION.— U.S. competitiveness. Visa-free travel ward. ‘‘(i) VISA REFUSAL RATES.—The Secretary to the United States has been proven I ask unanimous consent that the of Homeland Security may consider the rate to significantly boost tourism and text of this bill be printed in the of refusals of nonimmigrant visitor visas for business, as well as airline revenues, nationals of a foreign country in deter- RECORD. mining whether to permit that country to and would generate substantial eco- There being no objection, the bill was nomic benefits to the United States participate in the program under this para- ordered to be printed in the RECORD, as graph but may not refuse to permit that well into the future. Additionally, it follows: country to participate in the program under would improve attitudes toward the S. 4100 this paragraph solely on the basis of such United States throughout the world, Be it enacted by the Senate and House of Rep- rate unless the Secretary determines that which would benefit the U.S. economy resentatives of the United States of America in such rate is a security concern to the United and national security for generations Congress assembled, States. ‘‘(ii) OVERSTAY RATES.—The Secretary of to come. SECTION 1. SHORT TITLE. As a member of both the Foreign Re- Homeland Security may consider the rate at This Act may be cited as the ‘‘Secure Trav- which nationals of a foreign country violate lations and the Homeland Security and el and Counterterrorism Partnership Act’’. Governmental Affairs Committees, I the terms of their visas by remaining in the SEC. 2. SENSE OF CONGRESS. United States after the expiration of such a believe that we have a real opportunity It is the sense of Congress that the United visa in determining whether to permit that to improve our foreign relations, our States should expand the visa waiver pro- country to participate in the program under homeland defense, and the visa waiver gram to extend visa-free travel privileges to this paragraph. system overall. nationals of foreign countries that are allies ‘‘(D) TERM OF PARTICIPATION.— Therefore, I call on my colleagues in in the war on terrorism as that expansion ‘‘(i) INITIAL PROBATIONARY TERM.—A for- the Senate and the House to examine will— eign country may participate in the program this legislation with a serious eye, re- (1) enhance bilateral cooperation on crit- under this paragraph for an initial term of 3 fraining from the knee-jerk reaction ical counterterrorism and information shar- years. ing initiatives; ‘‘(ii) EXTENSION OF PARTICIPATION.—The that an expanded program is bad for (2) support and expand tourism and busi- national security. When you look at Secretary of Homeland Security, in con- ness opportunities to enhance long-term eco- sultation with the Secretary of State, may the facts involved and the opportuni- nomic competitiveness; and permit a country to participate in the pro- ties ahead, you can see that we have a (3) strengthen bilateral relationships. gram under this paragraph after the expira- chance to improve security coopera- SEC. 3. VISA WAIVER PROGRAM EXPANSION. tion of the initial term described in clause (i) tion and strengthen the bonds of Section 217(c) of the Immigration and Na- for 1 additional period of not more than 2 friendship with our allies in the war on tionality Act (8 U.S.C. 1187(c)) is amended by years if that country— terror. adding at the end the following: ‘‘(I) has demonstrated significant progress I look forward to working with my ‘‘(8) PROBATIONARY PARTICIPATION OF PRO- toward meeting the requirements of para- colleagues in the Congress and the GRAM COUNTRIES.— graph (2) and all other requirements for des- President to move this legislation for- ‘‘(A) REQUIREMENT TO ESTABLISH.—Not- ignation as a program country under this ward. withstanding any other provision of this sec- section; As the administration works to de- tion and not later than 1 year after the date ‘‘(II) has submitted a plan for meeting the of the enactment of the Secure Travel and requirements of paragraph (2) and all other velop the details of these recommenda- Counterterrorism Partnership Act, the Sec- requirements for designation as a program tions, my legislation would require retary of Homeland Security, in consultation country under this section; and that within one year, the executive with the Secretary of State, shall establish a ‘‘(III) continues to be determined not to branch provide a report to Congress on pilot program to permit not more than 5 for- compromise the security or law enforcement its plans for Visa Waiver Program im- eign countries that are not designated as interests of the United States. provements. program countries under paragraph (1) to ‘‘(iii) TERMINATION OF PARTICIPATION.—The In addition to the benefits to foreign participate in the program. Secretary of Homeland Security may termi- relations and homeland security, this ‘‘(B) DESIGNATION AS A PROBATIONARY PRO- nate the participation of a country in the bill would do a great deal to advance GRAM COUNTRY.—A foreign country is eligible program under this paragraph at any time if to participate in the program under this the Secretary, in consultation with the Sec- U.S. competitiveness. Visa-free travel paragraph if— retary of State, determines that the coun- to the United States has been proven ‘‘(i) the Secretary of Homeland Security try— to significantly boost tourism and determines that such participation will not ‘‘(I) is not in compliance with the require- business, as well as airline revenues, compromise the security or law enforcement ments of this paragraph; or and would generate substantial eco- interests of the United States; ‘‘(II) is not able to demonstrate significant nomic benefits to the United States ‘‘(ii) that country is close to meeting all and quantifiable progress, on an annual well into the future. Additionally, it the requirements of paragraph (2) and other basis, toward meeting the requirements of would improve attitudes toward the requirements for designation as a program paragraph (2) and all other requirements for United States throughout the world, country under this section and has developed designation as a program country under this a feasible strategic plan to meet all such re- section. which would benefit the U.S. economy quirements not later than 3 years after the ‘‘(E) TECHNICAL ASSISTANCE.—The Sec- and national security for generations date the country begins participation in the retary of Homeland Security, in consultation to come. program under this paragraph; with the Secretary of State, shall provide As a member of both the Foreign Re- ‘‘(iii) that country meets all the require- technical guidance to a country that partici- lations and the Homeland Security and ments that the Secretary determines are ap- pates in the program under this paragraph to

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.131 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11502 CONGRESSIONAL RECORD — SENATE December 7, 2006 assist that country in meeting the require- For example, in 2002, the executive SECTION 1. SHORT TITLE. ments of paragraph (2) and all other require- director of the New Hampshire Repub- This Act may be cited as the ‘‘Election ments for designation as a program country lican State Committee saw flyers ad- Jamming Prevention Act of 2006’’. under this section. vertising telephone numbers for Demo- SEC. 2. FINDINGS. ‘‘(F) REPORTING REQUIREMENTS.— cratic get-out-the-vote efforts that of- Congress makes the following findings: ‘‘(i) ANNUAL REPORT.—The Secretary of fered voters rides to the polls. The ex- (1) The most fundamental right accorded Homeland Security, in consultation with the to United States citizens by the Constitution Secretary of State, shall submit to Congress ecutive director then hatched the idea of jamming those phone lines on elec- is the right to vote, and unimpeded exercise an annual report on the implementation of of the right to vote is essential to the func- this paragraph. tion day to prevent voters from getting tioning of our democracy. ‘‘(ii) FINAL ASSESSMENT.—Not later than 30 rides to the polls. (2) Historically, significant efforts have days after the date that the foreign coun- He consulted the New England Re- been undertaken to prevent qualified indi- try’s participation in the program under this gional Political Director for the Re- viduals from exercising this right. paragraph terminates, the Secretary of publican National Committee, who led (3) Poll taxes, property requirements, and Homeland Security, in consultation with the him to an associate who could handle literacy tests were once used to restrict vot- Secretary of State, shall submit a final as- phone jamming efforts, an outfit called ers’ access to the polls. Now, efforts like de- sessment to Congress regarding the imple- ceptive practices, intimidation, and dirty mentation of this paragraph. Such final as- GOP Marketplace. GOP Marketplace contacted an Idaho-based tele-services tricks are used to impede qualified voters’ sessment shall contain the recommendations exercise of their right to vote, to prevent of the Secretary of Homeland Security and company that agreed to have employ- voters from making informed decisions as to the Secretary of State regarding permitting ees place hang-up calls to the Man- how to cast that vote, and to prevent can- additional foreign countries to participate in chester Democratic Party and the didates, parties, and organizations from en- the program under this paragraph.’’. Manchester Professional Firefighters gaging in constitutionally protected polit- SEC. 4. CALCULATION OF THE RATES OF VISA Association—the two groups offering ical speech. OVERSTAYS. (4) In recent elections, there have been al- Not later than 1 year after the date of the rides—on election day, November 5, legations of political campaigns and commit- enactment of this Act, the Secretary of 2002. tees using telephone jamming techniques to Homeland Security shall develop and imple- As a result of these efforts, the New shut down the communication operations of ment procedures to improve the manner in Hampshire Democratic Party’s get-out- groups supporting their political opponents. which the rates of nonimmigrants who vio- the-vote volunteers and employees an- (5) In November 2002, according to the De- late the terms of their visas by remaining in swered the phones only to find callers partment of Justice, groups working on be- the United States after the expiration of who said nothing and immediately such a visa are calculated. half of the Republican candidates in New hung up. Legitimate voters who called Hampshire conspired to shut down Demo- SEC. 5. REPORTS. the Manchester Democratic Party or cratic get-out-the-vote efforts by placing (a) VISA FEES.—Not later than 1 year after hang-up calls to the phones of the Man- the date of the enactment of this Act, the the Manchester Professional Fire- chester Democratic Party and the Man- Comptroller General of the United States fighters Association seeking a ride to chester Professional Firefighters Associa- shall review the fee structure for visas issued the polls received busy signals. by the United States and submit to Congress The Department of Justice pros- tion, which were providing qualified voters a report on that structure, including any ecuted many of those responsible for rides to the election polling places. Several recommendations of the Comptroller Gen- this dirty campaign, and some of the people have pled guilty or been convicted in eral for improvements to that structure. connection with the incident. guilty have already served their sen- (6) As a result of the hang-up call effort, (b) SECURE TRAVEL STANDARDS.—Not later tences. These men were tried under ex- than 1 year after the date of the enactment the phone lines of the Manchester Demo- of this Act, the Secretary of Homeland Secu- isting phone harassment and civil cratic Party and the Manchester Profes- rity, in conjunction with the Secretary of rights laws. However, it is likely that sional Firefighters Association were jammed State, shall submit a report to Congress that the perpetrators of the next phone jam- on election day 2002 and qualified voters describes plans for enhancing secure travel ming effort will not be so ham-handed. were unable to access information that standards for existing visa waiver program General harassment laws may be insuf- would have facilitated their access to polling countries, including the feasibility of insti- ficient to get at the next conspiracy. places. tuting an electronic authorization travel And even in the most recent election, (7) The use of telephones or other communication devices to jam election-related com- system, additional passenger information ex- we continue to hear about instances in changes, and enhanced airport security munications should be prohibited in order to which phone lines are misused. protect qualified voters’ right to vote. standards. That is why I am introducing the SEC. 6. AUTHORIZATION OF APPROPRIATIONS. SEC. 3. PROHIBITION ON PREVENTING OR OB- There are authorized to be appropriated Election Jamming Prevention Act STRUCTING THE BROADCAST OR EX- such sums as may be necessary for each of today. This bill will ensure that those CHANGE OF INFORMATION who seek to disable election-related THROUGH TELECOMMUNICATIONS the fiscal years 2007 through 2013 to carry DEVICES. out this Act and the amendment made by telephone communications will be (a) PROHIBITION.— this Act. criminally liable. This does not impede (1) IN GENERAL.—Subparagraph (C) of sec- political speech—but this does stop ne- tion 223(a)(1) of the Communications Act of By Mr. OBAMA: farious efforts to shut down phone lines S. 4102. A bill to amend the Commu- 1934 (47 U.S.C. 223(a)(1)(C)) is amended by to cripple election-related efforts. striking ‘‘with the intent to annoy, abuse, nications Act of 1934 to prohibit the From get-out-the-vote efforts, to voter threaten, or harass any person at the called use of telecommunications devices for education campaigns, qualified voters number or who receives the communica- the purposes of preventing or obstruct- deserve to have access to information tions;’’ and inserting ‘‘with the intent to— ing the broadcast or exchange of elec- that will assist them in the exercise of ‘‘(i) annoy, abuse, threaten, or harass any tion-related information; to the Com- their right to vote. Someone’s ability person at the called number or who receives mittee on Commerce, Science, and to hire a company to place hang-up the communications; Transportation. ‘‘(ii) prevent or obstruct the broadcast or calls should not determine whether exchange of election-related information; or Mr. OBAMA. Mr. President, this year voters get the information they need to we witnessed a historic election, where ‘‘(iii) impair or obstruct any other tele- go to the polls on election day. communications device from being used to the American people said loud and This shouldn’t be a partisan issue, so engage in communications containing elec- clear that the Nation is going in the I hope my colleagues on both sides of tion-related information;’’. wrong direction and things must the aisle will join me in supporting this (2) ELECTION-RELATED INFORMATION.—Sub- change. One important part of that bill. I ask unanimous consent that the section (h) of section 223 of the Communica- change is cleaning up our electoral text of the bill be printed in the tions Act of 1934 (47 U.S.C. 223(h)) is amended by adding at the end the following new para- process. RECORD. Dirty tricks are not a new thing in There being no objection, the bill was graph: ‘‘(5) The term ‘election-related informa- American politics. I am from Chicago, ordered to be printed in the RECORD, as and my hometown has seen its share of tion’ means information related to— follows: ‘‘(A) the endorsement, support, promotion political tricks. But some of tricks we S. 4102 of, or opposition to any clearly identified have seen in recent elections astounded Be it enacted by the Senate and House of Rep- candidate or slate of candidates for the office even those of us who thought we had resentatives of the United States of America in of President, Vice President, presidential seen everything. Congress assembled, elector, Member of the Senate, Member of

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.125 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11503 the House of Representatives, or Delegate or Hope and Lifetime Learning credits places the existing HOPE credit and Commissioner from a territory or possession; with a partially refundable college op- lifetime learning credit and ultimately ‘‘(B) the time, place, or manner for the portunity credit; to the Committee on makes these benefits more generous. election of such offices; or Finance. The COTC has two components. The ‘‘(C) the facilitation of transport to or Mr. KERRY. Mr. President, today I first provides a refundable tax credit from polling places for any such election.’’. (b) PRIVATE RIGHT OF ACTION.—Section 223 am introducing the College Oppor- for a student enrolled in a degree proof the Communications Act of 1934 (47 U.S.C. tunity Tax Credit Act of 2006. This leg- gram at least on a half-time basis. It 223) is amended by adding at the end the fol- islation creates a new tax credit that would provide a 100 percent tax credit lowing new subsection: will put the cost of higher education in for the first $1,000 of eligible expenses ‘‘(i) PRIVATE RIGHT OF ACTION FOR INJUNC- reach for American families. and a 50 percent tax credit to the next TIVE OR DECLARATIVE RELIEF AGAINST CER- An October 2006 College Board report $3,000 of expenses. The maximum credit TAIN ACTIONS.—Any person aggrieved by a violation of subsection (a)(1)(C) may bring a found that this year tuition and other would be $2,500 each year per student. civil action or other proper proceeding for costs at public and private universities The second provides a nonrefundable injunctive or declarative relief in any court rose faster than inflation. And, accord- tax credit for part-time students, grad- of competent jurisdiction, including an ap- ing to the report, tuition and fees at uate students, and other students that plication in a United States district court.’’. public universities rose more in the do not qualify for the refundable tax past five years than at any other time credit. It provides a 40 percent credit By Mr. SMITH: in the past 30 years, increasing by 35 S. 4104. A bill to amend the Internal for the first $1,000 of eligible expenses percent to $5,836 this academic year. Revenue Code of 1986 to provide credit and a 20 percent credit for the next Over the same time period, tuition and rate parity for all renewable resources $3,000 of expenses. fees at private universities increased 22 Both of these credits can be used for under the electricity production credit; percent to $22,218. expenses associated with tuition and to the Committee on Finance. Unfortunately, neither student aid Mr. SMITH. Mr. President, today I fees. The same income limits that funds nor family incomes are keeping am introducing legislation to provide apply to the HOPE credit and the life- pace with increasing tuition and fees. for credit rate parity under section 45 time learning credit apply to the In my travels around the country, I of the Internal Revenue Code for elec- COTC: the COTC will be phased out rat- frequently hear from parents concerned tricity from eligible renewable re- ably for taxpayers with income be- they will not be able to pay for college sources produced and sold after Decem- tween $45,000 and $55,000—$90,000 and for their children. These parents know ber 31, 2006. $110,000 for married taxpayers. These Currently, certain renewable re- that earning a college education will amounts are indexed for inflation, as sources such as wind and closed-loop result in greater earnings for their are the eligible amounts of expenses. biomass receive a credit of 1.5 cents per children and they desperately want to The College Opportunity Tax Credit kilowatt hour produced. For other re- ensure their kids have the greatest op- Act of 2006 simplifies the existing cred- newables, such as open-loop biomass portunities possible. its that make higher education more In 1997, we implemented two new tax and incremental hydropower, the affordable and will enable more stu- credits to make college affordable—the amount of the credit is reduced by half. dents to be eligible for tax relief. I un- I have been a longtime supporter of HOPE credit and the lifetime learning derstand that many of my colleagues the production tax credit. There are credit. These tax credits were impor- are interested in making college more significant wind facilities in Oregon, tant and have helped families afford affordable. I look forward to working where we have over 335 megawatts of college, but I believe we can do more. with my colleagues to make a refund- installed wind capacity. These facili- This week the Senate Finance Com- able tax credit for college education a ties provide clean energy as well as im- mittee held a hearing on tax incentives reality next Congress. I ask unanimous portant revenues to farmers and rural for higher education in which we consent that the text of the bill be counties in Eastern Oregon. My bill learned that the existing tax credits printed in the RECORD. does not reduce the credit rate for wind are not reaching enough students, par- There being no objection, the bill was but, rather, increases the rate for those ticularly lower income students who ordered to be printed in the RECORD, as renewables that are currently eligible are most severely impacted by rising follows: only for the reduced credit rate. tuitions. S. 4107 I have also heard from those indus- The HOPE and lifetime learning Be it enacted by the Senate and House of Rep- tries that receive the reduced credit credits are not refundable, and there- resentatives of the United States of America in rate about the disadvantage this cre- fore a family of four must have an in- Congress assembled, ates for them in the marketplace. come over $30,000 in order to receive SECTION 1. SHORT TITLE. the maximum credit. Almost half of This Act may be cited as the ‘‘College Op- Often, when bidding to provide green portunity Tax Credit Act of 2006’’. power, the difference in the credit rate families with college students fail to receive the full credit because their in- SEC. 2. COLLEGE OPPORTUNITY TAX CREDIT. makes the difference in being outbid. (a) IN GENERAL.— come is too low. In order to receive the We should provide a level playing field (1) ALLOWANCE OF CREDIT.—Section 25A(a) for all eligible renewables. full benefit of the lifetime learning of the Internal Revenue Code of 1986 (relat- I applaud and support the current ef- credit, a student has to spend $10,000 a ing to allowance of credit) is amended— forts to extend the existing section 45 year on tuition and fees. This is nearly (A) in paragraph (1), by striking ‘‘the Hope tax credits for renewables for another double the average annual public four- Scholarship Credit’’ and inserting ‘‘the eligi- year. I hope that can be accomplished year college tuition and four times the ble student credit amount determined under subsection (b)’’, and before we adjourn sine die. In intro- average annual tuition of a community college. Over 80 percent of college stu- (B) in paragraph (2), by striking ‘‘the Life- ducing this legislation today, I want to time Learning Credit’’ and inserting ‘‘the begin the discussion that will lead to dents attend schools with tuition and part-time, graduate, and other student credit parity for all of the important new re- fees under $10,000. amount determined under subsection (c)’’. newable technologies that can help us In 2004, I proposed a refundable tax (2) NAME OF CREDIT.—The heading for sec- meet growing demands for electricity credit to help pay for the cost of 4 tion 25A of such Code is amended to read as with clean, sustainable resources. As a years of college. Currently the HOPE follows: member of the Finance Committee, Credit applies only to the first 2 years ‘‘SEC. 25A. COLLEGE OPPORTUNITY CREDIT.’’. this is an issue which I will pursue next of college. The College Opportunity (3) CLERICAL AMENDMENT.—The table of Tax Credit Act of 2006, COTC, helps sections for subpart A of parti IV of sub- Congress, and I hope that my col- chapter A of chapter 1 of such Code is leagues will join me in this effort to students and parents afford all 4 years of college. It also builds on the pro- amended by striking the item relating to encourage the development of renew- section 25A and inserting the following: posal I made in 2004 by incorporating able energy resources. ‘‘Sec. 25A. College opportunity credit.’’. some of the suggestions made by ex- (b) ELIGIBLE STUDENTS.— By Mr. KERRY: perts, including those at this week’s (1) IN GENERAL.—Paragraph (1) of section S. 4107. A bill to amend the Internal Finance Committee hearing. My legis- 25A(b) of the Internal Revenue Code of 1986 is Revenue Code of 1986 to replace the lation creates a new credit that re- amended—

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.124 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11504 CONGRESSIONAL RECORD — SENATE December 7, 2006 (A) by striking ‘‘the Hope Scholarship taxable year is an amount equal to 3 times levels of noise pollution by phasing out Credit’’ and inserting ‘‘the eligible student the dollar amount in effect under paragraph usage of the loudest aircraft still oper- credit amount determined under this sub- (1)(A) for such taxable year. ating. section’’, and ‘‘(3) SPECIAL RULES FOR DETERMINING EX- I have long had a strong interest in (B) by striking ‘‘PER STUDENT CREDIT’’ in PENSES.— this issue; indeed, I first introduced the heading and inserting ‘‘IN GENERAL’’. ‘‘(A) COORDINATION WITH CREDIT FOR ELIGI- (2) AMOUNT OF CREDIT.—Paragraph (4) of BLE STUDENTS.—The qualified tuition and re- legislation calling for the phase-out of section 25A(b) of such Code (relating to ap- lated expenses with respect to a student who older, noisier aircraft in 1990, and since plicable limit) is amended by striking ‘‘2’’ is an eligible student for whom a credit is al- then, significant progress has been and inserting ‘‘3’’. lowed under subsection (a)(1) for the taxable made. As we face an influx of many (3) CREDIT REFUNDABLE.— year shall not be taken into account under new aircraft to our system—some 5,000 (A) IN GENERAL.—Section 25A of such Code this subsection. new very light jets, VLJs, are expected is amended by redesignating subsection (i) as ‘‘(B) EXPENSES FOR JOB SKILLS COURSES AL- subsection (j) and by inserting after sub- to enter the U.S. aviation market and LOWED.—For purposes of paragraph (1), quali- our airspace in the next decade—now is section (h) the following new subsection: fied tuition and related expenses shall in- ‘‘(i) PORTION OF CREDIT REFUNDABLE.— clude expenses described in subsection (f)(1) the time to rid our skies of the older, ‘‘(1) IN GENERAL.—The aggregate credits al- with respect to any course of instruction at noisier planes. lowed under subpart C shall be increased by an eligible educational institution to acquire For purposes of rating aircraft noise the amount of the credit which would be al- or improve job skills of the student.’’. levels, aircraft have to meet U.S. Envi- lowed under this section— (2) INFLATION ADJUSTMENT.— ronmental Protection Agency noise ‘‘(A) by reason of subsection (b), and (A) IN GENERAL.—Subsection (h) of section standards classified as ‘‘stages’’: stage ‘‘(B) without regard to this subsection and 25A of such Code (relating to inflation ad- the limitation under section 26(a) or sub- 1 and stage 2 noise levels are the loud- justments) is amended by adding at the end est, while stage 3 and stage 4 (stand- section (j), as the case may be. the following new paragraph: ‘‘(2) TREATMENT OF CREDIT.—The amount of ards adopted just last year are the ‘‘(3) DOLLAR LIMITATION ON AMOUNT OF the credit allowed under this subsection CREDIT UNDER SUBSECTION (a)(2).— quietest. Commercial stage 1 aircraft shall not be treated as a credit allowed under ‘‘(A) IN GENERAL.—In the case of a taxable were phased out by 1985, and Congress this subpart and shall reduce the amount of year beginning after 2007, each of the $1,000 mandated the retirement of commer- credit otherwise allowable under subsection amounts under subsection (c)(1) shall be in- cial stage 2 aircraft by 2000. However, (a) without regard to section 26(a) or sub- creased by an amount equal to— these regulations only applied to air- section (j), as the case may be.’’. ‘‘(i) such dollar amount, multiplied by (B) TECHNICAL AMENDMENT.—Section craft weighing more than 75,000 pounds; ‘‘(ii) the cost-of-living adjustment deter- this means that there are still many 1324(b) of title 31, United States Code, is mined under section 1(f)(3) for the calendar amended by inserting ‘‘, or enacted by the year in which the taxable year begins, deter- loud business jets still in service. The College Opportunity Tax Credit Act of 2006’’ mined by substituting ‘calendar year 2006’ legislation I am introducing today before the period at the end. for ‘calendar year 1992’ in subparagraph (B) would finally bring closure to this (4) LIMITATIONS.— thereof. issue by phasing out the use of all re- (A) CREDIT ALLOWED FOR 4 YEARS.—Sub- ‘‘(B) ROUNDING.—If any amount as adjusted maining stage 1 and stage 2 aircraft in paragraph (A) of section 25A(b)(2) of such under subparagraph (A) is not a multiple of Code is amended— the United States. $100, such amount shall be rounded to the The benefits of this total phase-out (i) by striking ‘‘2’’ in the text and in the next lowest multiple of $100.’’. heading and inserting ‘‘4’’, and will be abundant. On average, older, (B) CONFORMING AMENDMENT.—The heading noisier stage 2 aircraft are twice as (ii) by striking ‘‘the Hope Scholarship for paragraph (1) of section 25A(h) of such Credit’’ and inserting ‘‘the credit allowable’’. code is amended by inserting ‘‘UNDER SUB- loud as newer, quieter, stage 3 planes. (B) ELIMINATION OF LIMITATION ON FIRST 2 SECTION (a)(1)’’ after ‘‘CREDIT’’. Unfortunately, at Teterboro Airport in YEARS OF POSTSECONDARY EDUCATION.—Sec- (d) CREDIT ALLOWED AGAINST ALTERNATIVE my home State of New Jersey, one of tion 25A(b)(2) of such Code is amended by MINIMUM TAX.— the largest general aviation airports in striking subparagraph (C) and by redesig- (1) IN GENERAL.—Section 25A of the Inter- the country, loud stage 2 planes have nating subparagraph (D) as subparagraph (C). nal Revenue Code of 1986, as amended by sub- (5) CONFORMING AMENDMENTS.— been common until recently. This con- section (b)(3), is amended by redesignating tributed greatly to the noise pollution (A) The heading of subsection (b) of section subsection (j) as subsection (k) and by insert- 25A of such Code is amended to read as fol- ing after subsection (h) the following new problems experienced in New Jersey lows: subsection: communities, and hurt property values ‘‘(b) ELIGIBLE STUDENTS.—’’. ‘‘(j) LIMITATION BASED ON AMOUNT OF for many citizens. It’s precisely why it (B) Section 25A(b)(2) of such Code is TAX.—In the case of a taxable year to which is critically important to work toward amended— section 26(a)(2) does not apply, the credit al- a fleet devoid of stage 1 and stage 2 air- (i) in subparagraph (B), by striking ‘‘the lowed under subsection (a) for the taxable craft. Hope Scholarship Credit’’ and inserting ‘‘the year shall not exceed the excess of— credit allowable’’, and This issue has particular resonance ‘‘(1) the sum of the regular tax liability (as in New Jersey, because Teterboro Air- (ii) in subparagraph (C), as redesignated by defined in section 26(b)) plus the tax imposed paragraph (4)(B), by striking ‘‘the Hope by section 55, over port and Morristown Airport, among Scholarship Credit’’ and inserting ‘‘the cred- ‘‘(2) the sum of the credits allowed under others, are located in densely popu- it allowable’’. this subpart (other than this section and sec- lated areas. Stage 1 and 2 aircraft fly- (c) PART-TIME, GRADUATE, AND OTHER STU- tions 23, 24, and 25B) and section 27 for the ing into these airports constitute an DENTS.— taxable year.’’. unnecessary daily nuisance for, lit- (1) IN GENERAL.—Subsection (c) of section (2) CONFORMING AMENDMENT.—Section 25A of the Internal Revenue Code of 1986 is erally, hundreds of thousands of my 25(a)(1) of such Code is amended by inserting amended to read as follows: constituents, and I believe it is time to ‘‘25A,’’ after ‘‘24,’’. ‘‘(c) PART-TIME, GRADUATE, AND OTHER take decisive action to correct the (e) EFFECTIVE DATE.—The amendments STUDENTS.— made by this section shall apply to taxable problem. Voluntarily banning these ‘‘(1) IN GENERAL.—In the case of any stu- years beginning after December 31, 2006. aircraft from one airport will only dent for whom an election is in effect under force them to use another local airport, this section for any taxable year, the part- By Mr. LAUTENBERG: so I believe that a nationwide ban is time, graduate, and other student credit amount determined under this subsection for S. 4109. A bill to amend title 49, necessary. any taxable year is an amount equal to the United States Code, to prohibit the op- Furthermore, Mr. President, this bill sum of— eration of certain aircraft not com- would not only help decrease aircraft ‘‘(A) 40 percent of so much of the qualified plying with stage 3 noise levels; to the noise; it will also promote energy con- tuition and related expenses paid by the tax- Committee on Commerce, Science, and servation. On average, stage 2 aircraft payer during the taxable year (for education Transportation. use 30 percent more fuel than otherwise furnished to the student during any aca- Mr. President, I rise today to intro- comparable stage 3 jets, and passage of demic period beginning in such taxable year) duce a bill which would greatly im- this bill would eliminate usage of as does not exceed $1,000, plus prove the quality of life for many resi- ‘‘(B) 20 percent of such expenses so paid as many of the most fuel-inefficient air- exceeds $1,000 but does not exceed the appli- dents of New Jersey, and people across craft still operational in America. cable limit. America, by reducing aircraft noise. My bill takes an approach which is ‘‘(2) APPLICABLE LIMIT.—For purposes of The Aircraft Noise Reduction Act of sensitive to the economic hardship of paragraph (1)(B), the applicable limit for any 2006 would greatly reduce unnecessary communities who want to allow these

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.134 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11505 aircraft to continue in use. Individual with, nullifying, or otherwise affecting de- S. RES. 627 airports would still be allowed to opt- terminations made by the Federal Aviation Whereas on November 9, 2005, a series of out of this measure by choosing to ac- Administration, or to be made by the Admin- terrorist bombs exploded at the Radisson, commodate these noisier business jets. istration, with respect to applications under Hyatt, and Days Inn hotels in Amman, Jor- part 161 of title 14, Code of Federal Regula- Also, the act would not take effect dan, resulting in the deaths of scores of civil- tions, that were pending on the date of en- ians and the injuries of hundreds of others; until fully 3 years after enactment, al- actment of the Aircraft Noise Reduction Act Whereas Jordan has been targeted in sev- lowing ample time for businesses to of 2006.’’. eral terrorist attacks over the past few years adapt to the new regulations. (b) CONFORMING AMENDMENTS.— and likely remains a target for Islamic ex- Mr. President, I believe that this bill (1) Section 47531 of title 49, United States tremists; represents a significant step forward in Code, is amended by striking ‘‘47529, or Whereas Jordan provided unequivocal sup- the ongoing efforts to control aircraft 47530’’ and inserting ‘‘47529, 47530, or 47534’’. port to the United States after the Sep- noise, and I urge my colleagues to sup- (2) Section 47532 of title 49, United States tember 11, 2001, terrorist attacks; Code, is amended by striking ‘‘47528-47531’’ Whereas Jordan has arrested suspected ter- port the legislation. and inserting ‘‘47528 through 47531 or 47534’’. rorists with possible ties to Osama bin I ask unanimous consent that the (3) The chapter analysis for chapter 475 of Laden’s Al Qaeda organization and has pro- text of the bill be printed in the title 49, United States Code, is amended by vided other critical support to the global war RECORD following my remarks. inserting after the item relating to section on terrorism; and There being no objection, the bill was 47533 the following: Whereas Jordan remains a firm ally of the United States in the global war against ter- ordered to be printed in the RECORD, as ‘‘47534. Prohibition on operating certain air- rorism and in helping to achieve a lasting follows: craft weighing 75,000 pounds or peace in the Middle East: Now, therefore, be less not complying with stage 3 S. 4109 it noise levels’’. Be it enacted by the Senate and House of Rep- Resolved, That the Senate— resentatives of the United States of America in (c) EFFECTIVE DATE.—The amendments (1) notes with sorrow the one-year anniver- Congress assembled, made by this section shall take effect on the sary of the November 9, 2005, terrorist at- SECTION 1. SHORT TITLE. date that is 3 years after the date of enact- tacks in Amman, Jordan; This Act may be cited as the ‘‘Aircraft ment of this Act. (2) condemns in the strongest possible Noise Reduction Act of 2006’’. f terms the November 9, 2005, terrorist attacks; SEC. 2. OPERATION OF AIRCRAFT NOT MEETING SUBMITTED RESOLUTIONS (3) expresses its ongoing condolences to the STAGE 3 NOISE LEVELS. families and friends of those individuals who (a) IN GENERAL.—Subchapter II of chapter were killed in the attacks and its sympathies 475 of title 49, United States Code, is amend- to those individuals who were injured; ed by adding at the end the following: SENATE RESOLUTION 626 RELAT- ING TO THE RETIREMENT OF (4) reiterates its support of the Jordanian ‘‘§ 47534. Prohibition on operating certain air- LINDA E. SEBOLD people and their government; craft weighing 75,000 pounds or less not (5) values the strong and lasting friendship complying with stage 3 noise levels Mr. FRIST submitted the following between Jordan and the United States and ‘‘(a) PROHIBITION.—Except as provided in resolution; which was considered and the continuing cooperation of the two na- subsection (b), (c), or (d), a person may not agreed to: tions in political, economic, and humani- operate a civil subsonic turbojet with a max- tarian endeavors; and S. RES. 626 imum weight of 75,000 pounds or less to or (6) expresses its readiness to support and from an airport in the United States unless Whereas Linda E. Sebold has faithfully assist the Jordanian authorities in their ef- the Secretary of Transportation finds that served the United States Senate for more forts to pursue, disrupt, undermine, and dis- the aircraft complies with stage 3 noise lev- than 33 years; mantle the networks that plan and carry out els. Whereas Linda began her service to the such terrorist attacks as the November 9, ‘‘(b) EXCEPTION.—Subsection (a) shall not Senate as an assistant in the Disbursing Of- 2005, terrorist attacks in Amman, Jordan. apply to aircraft operated only outside the 48 fice in 1973; Mr. LUGAR. Mr. President, I rise contiguous States. Whereas Linda became the Committee today to introduce S. Res. 627 com- Scheduling Coordinator for the Daily Digest ‘‘(c) OPT-OUT.—Subsection (a) shall not memorating the 1-year anniversary of in 1978 and was promoted to Editor of the apply at an airport where the airport oper- the November 9, 2005, terrorist attacks ator has notified the Secretary that it wants Daily Digest in 1999; Whereas Linda has been a leader in imple- in Amman, Jordan and reaffirming the to continue to permit the operation of civil support of the United States for the subsonic turbojets with a maximum weight menting technological advances in the prep- of 75,000 pounds or less that do not comply aration of the Daily Digest; Hashemite Kingdom of Jordan as an with stage 3 noise levels. The Secretary shall Whereas Linda has made a significant con- important ally in combating terrorism post the notices received under this sub- tribution to continuity of government plan- in the region. section on its website or in another place ning; The Hashemite Kingdom of Jordan easily accessible to the public. Whereas, during her 331⁄2 year tenure, she has been a steadfast friend and ally of ‘‘(d) LIMITATION.—The Secretary shall per- has at all times discharged the difficult du- the United States in the war against mit a person to operate Stage 1 and Stage 2 ties and responsibilities of her office with extraordinary efficiency, aplomb, and devo- terrorism. Sadly, on November 9, 2005, aircraft with a maximum weight of 75,000 Jordan itself became a victim of ter- pounds or less to or from an airport in the tion; contiguous 48 States in order— Whereas Linda’s service to the Senate has rorism. Terrorists attacked western ‘‘(1) to sell, lease, or use the aircraft out- been marked by her personal commitment to hotels in its capital city, Amman, kill- side the 48 contiguous States; the highest standards of excellence; and ing and injuring scores of people. ‘‘(2) to scrap the aircraft; Whereas Linda is retiring after more than This bill condemns the terrorist at- ‘‘(3) to obtain modifications to the aircraft 33 years service to the United States Senate; tacks that took place on November 9 to meet stage 3 noise levels; Now, therefore, be it and reaffirms the support of the U.S. ‘‘(4) to perform scheduled heavy mainte- Resolved, That Linda E. Sebold be and here- Government for the Jordanian people by is commended for her outstanding service nance or significant modifications on the and their government. aircraft at a maintenance facility located in to her country and to the United States Sen- the contiguous 48 states; ate. f ‘‘(5) to deliver the aircraft to an operator SEC. 2. The Secretary of the Senate shall SENATE RESOLUTION 628—SUP- leasing the aircraft from the owner or return transmit a copy of this resolution to Linda E. Sebold. PORTING THE 200TH ANNIVER- the aircraft to the lessor; SARY OF THE NATION’S NAU- ‘‘(6) to prepare or park or store the aircraft f in anticipation of any of the activities de- TICAL CHARTING AND RELATED scribed in paragraphs (1) through (5); or SENATE RESOLUTION 627—COM- SCIENTIFIC PROGRAMS, WHICH ‘‘(7) to divert the aircraft to an alternative MEMORATING THE ONE-YEAR FORMED THE BASIS FOR WHAT airport in the 48 contiguous States on ac- ANNIVERSARY OF THE NOVEM- IS TODAY THE NATIONAL OCE- count of weather, mechanical, fuel air traffic BER 9, 2005, TERRORIST ATTACKS ANIC AND ATMOSPHERIC ADMIN- control or other safety reasons while con- IN AMMAN, JORDAN ISTRATION ducting a flight in order to perform any of the activities described in paragraphs (1) Mr. LUGAR (for himself, Mr. BIDEN, Mr. STEVENS (for himself, Mr. through (6). and Mr. REID) submitted the following INOUYE, Ms. SNOWE, Ms. LANDRIEU, Mr. ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in resolution; which was considered and GREGG, Mr. LOTT, Mr. REED, Ms. CANT- the section may be construed as interfering agreed to: WELL, Mr. VITTER, Mr. SALAZAR, Mr.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.128 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11506 CONGRESSIONAL RECORD — SENATE December 7, 2006 AKAKA, Mr. WYDEN, Mr. SMITH, Ms. Whereas, these programs work internation- (II) not less than 25 years have passed since MURKOWSKI, and Mr. COCHRAN) sub- ally as the United States representative to the commemorative event that is to be por- mitted the following resolution; which the International Hydrographic Organization trayed in the permanent artwork or semi- was considered and agreed to: and through other organizations to promote permanent artwork; and integrated and uniform standards, protocols, (2) the Senate has passed a Senate resolu- S. RES. 628 formats, and services; tion approving the recommendation of the Whereas the Act of February 10, 1807 (chap- Whereas in addition to commerce and Senate Commission on Art. ter VIII; 2 Stat. 4113), signed by President transportation these programs also advance SEC. 2. SENSE OF THE SENATE. Thomas Jefferson, authorized and requested NOAA’s weather and water, climate, and eco- It is the sense of the Senate that prior to the President ‘‘to cause a survey be taken of system missions including marine resource making a recommendation to affix any per- the coast of the United States...together conservation, coastal management, and the manent artwork or semi-permanent artwork with such other matters as he may deem protection of life and property from coastal to the walls, floors, or ceilings of the public proper for completing an accurate chart of storms and other hazards, as most recently spaces and committee rooms of the Senate every part of the coasts’’; demonstrated in responding to and facili- wing of the Capitol and the Senate office Whereas the Coast Survey was established tating the recovery of communities and com- buildings, the Senate Commission on Art to carry out the duties established under merce in the hurricane stricken Gulf Coast; should consider, at a minimum, the fol- such Act, and was the first Federal science Whereas the devotion, industry, efficiency, lowing: agency of the United States; and enterprise of these people and programs (1) The significance of the original, in- Whereas over time additional duties, in- over their 200-year history have set an envi- tended, or existing permanent artwork or cluding geodetic surveying and tide and cur- able record of public service: Now, therefore, semi-permanent artwork in the installation rent monitoring and predictions, were bebe it space proposed for the additional permanent stowed upon the agency, which was first Resolved, That the Senate— artwork or semi-permanent artwork. known as the U.S. Coast Survey and later (1) recognizes that for over 200 years, the (2) The existing conditions of the surface of the U.S. Coast and Geodetic Survey; National Oceanic and Atmospheric Adminis- the proposed installation space. Whereas, in addition to providing charts tration and its predecessor agencies have (3) The last time fixed art was added to the and information vital to the young nation’s been providing the Nation research, service, proposed installation space. economic and commercial success, such pio- and stewardship of the marine environment, (4) The amount of area available for the in- neering agency led some of the nation’s ear- through products and services that protect stallation of permanent artwork or semi-per- liest oceanographic research, undertaking lives and property, strengthen the economy, manent artwork in the proposed installation surveys of the Gulf Stream to determine and support and sustain our coastal and ma- space. temperatures, depths, direction, and velocity rine resources; (5) The opinion of the Curatorial Advisory as well as the character of the seafloor and (2) recognizes the vision of President Board on such affixation. Thomas Jefferson in supporting the advance- forms of vegetation and marine life; SEC. 3. CREATION OF ARTWORK. Whereas the early technicians and sci- ment of science, and the survey of the coast in particular, to the welfare and commercial If a request to affix permanent artwork or entists of such agency invented and sup- semi-permanent artwork to the walls, floors, ported the development of many innovative success of the Nation; (3) recognizes the contributions made over or ceilings of the public spaces and com- tools that led to advances in hydrographic, mittee rooms of the Senate wing of the Cap- shoreline, and geodetic surveying and car- the past 200 years by the past and current employees and officers of the Office of Coast itol and the Senate office buildings meets tographic methods, the first real-time water the requirements of section 1, the Senate level stations, and deep-sea anchoring; Survey, the National Geodetic Survey, and the Center for Operational Oceanographic Commission on Art shall select the artist Whereas during the 20th century such and shall supervise and direct the creation of agency, by then re-named the Coast and Geo- Products and Services of the National Oce- anic and Atmospheric Administration; and the artwork and the application of the art- detic Survey, advanced the development and work to the selected surface. marine applications of electronics and acous- (4) encourages the people of the United SEC. 4. DEFINITIONS. tics, including the development of Radar States to salute and share in the planned In this resolution— Acoustic Ranging, radio sono-buoys and the celebrations of these historic programs dur- (1) PERMANENT ARTWORK.—The term ‘‘per- Roberts Radio Current Meter Buoy; ing 2007 with ceremonies designed to give ap- manent artwork’’ means artwork that when Whereas throughout their history these propriate recognition to one of our oldest applied directly to a wall, ceiling, or floor programs have provided services in support and most respected Federal agencies on the has become part of the fabric of the building, of the Nation’s commerce and defense serv- occasion of its bicentennial anniversary. based on a consideration of relevant factors ing in all theaters of the Civil War and in f including— World Wars I and II as hydrographers, car- SENATE RESOLUTION 629—ESTAB- (A) the original intent when the artwork tographers, topographers, and scouts, includ- was applied; ing the production of more than 100 million LISHING A PROCEDURE FOR (B) the method of application; maps and charts for U.S. and Allied forces; AFFIXING AND REMOVING PER- (C) the adaptation or essentialness of the Whereas our Nation’s interests and econ- MANENT ARTWORK AND SEMI- artwork to the building; and omy became increasingly interwoven with PERMANENT ARTWORK IN THE (D) whether the removal of the artwork the marine and atmospheric environment, a SENATE WING OF THE CAPITOL would cause damage to either the artwork or number of Federal science agencies with AND IN THE SENATE OFFICE the surface that contains it. complimentary functions, including the BUILDINGS (2) SEMI-PERMANENT ARTWORK.—The term Weather Bureau and the Bureau of Commer- ‘‘semi-permanent artwork’’ means artwork cial Fisheries, were combined with such Mr. FRIST (for himself and Mr. REID) that when applied directly to the surface of agency to create the National Oceanic and submitted the following resolution; a wall, ceiling, or floor can be removed with- Atmospheric Administration (NOAA); which was considered and agreed to: out damaging the artwork or the surface to Whereas today these mapping and chart- S. RES. 629 which the artwork is applied. ing, geodesy, and tide and current data pro- Resolved, f grams are located in the National Ocean SECTION 1. STANDARDS FOR PERMANENT ART- Service of NOAA, in the Coast Survey, the WORK AND SEMI-PERMANENT ART- SENATE CONCURRENT RESOLU- National Geodetic Survey, and the Center for WORK. TION 123—PROVIDING FOR COR- Operational Oceanographic Products and No permanent artwork or semi-permanent Services; artwork may be affixed to or removed from RECTION TO THE ENROLLMENT Whereas these programs promote NOAA’s the walls, floors, or ceilings of the public OF THE BILL H.R. 5946 commerce and transportation goals and con- spaces and committee rooms of the Senate Mr. STEVENS submitted the fol- tinue to support the research, development wing of the Capitol and the Senate office lowing concurrent resolution; which and application of state-of-the-art surveying, buildings unless— was considered and agreed to: mapping, charting, ocean observing, mod- (1) the Senate Commission on Art— eling, and Internet-based product delivery (A) has recommended the affixation or re- S. CON. RES 123 services to promote safe and efficient com- moval; and Resolved by the Senate (the House of Rep- merce and transportation and contributing (B) in the case of an affixation of perma- resentatives concurring) That, in the enroll- to the advancement of integrated ocean and nent artwork or semi-permanent artwork— ment of the bill H.R. 5946, the Clerk of the earth observing systems; (i) has recommended an appropriate loca- House shall make the following corrections: Whereas, these programs continue to dem- tion for the affixation; and (1) In the table of contents, strike the item onstrate relevance, value, importance, and (ii) has determined that— relating to section 702 and redesignate the service promoting and employing innovative (I) not less than 25 years have passed since item relating to section 703 as relating to partnerships with other agencies, State and the death of any subject in a portrait in- section 702. local authorities, academia, and the private cluded in the permanent artwork or semi- (2) In title VII, strike section 702 and redes- sector; permanent artwork; and ignate section 703 as section 702.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.136 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11507 AMENDMENTS SUBMITTED AND TITLE I—CONSERVATION AND MANAGEMENT Sec. 405. Reauthorization of Atlantic Tunas PROPOSED Sec. 101. Cumulative impacts. Convention Act. Sec. 102. Caribbean Council jurisdiction. Sec. 406. International overfishing and do- SA 5224. Mr. STEVENS proposed an amend- Sec. 103. Regional fishery management mestic equity. ment to the bill H.R. 5946, to authorize ac- councils. Sec. 407. United States catch history. tivities to promote improved monitoring and Sec. 104. Fishery management plan require- Sec. 408. Secretarial representative for compliance for high seas fisheries, or fish- ments. international fisheries. eries governed by international fishery man- Sec. 105. Fishery management plan discre- TITLE V—IMPLEMENTATION OF WESTERN AND agement agreements, and for other purposes. tionary provisions. CENTRAL PACIFIC FISHERIES CONVENTION SA 5225. Mr. MCCONNELL (for Mr. FRIST) Sec. 106. Limited access privilege programs. Sec. 501. Short title. proposed an amendment to the bill H.R. 6111, Sec. 107. Environmental review process. to amend the Internal Revenue Code of 1986 Sec. 502. Definitions. Sec. 108. Emergency regulations. Sec. 503. Appointment of United States com- to provide that the Tax Court may review Sec. 109. Western Pacific and North Pacific missioners. claims for equitable innocent spouse relief community development. Sec. 504. Authority and responsibility of the and to suspend the running on the period of Sec. 110. Secretarial action on State ground- Secretary of State. limitations while such claims are pending. fish fishing. Sec. 505. Rulemaking authority of the Sec- SA 5226. Mr. DEWINE (for Mr. DOMENICI) Sec. 111. Joint enforcement agreements. retary of Commerce. proposed an amendment to the bill S. 1529, to Sec. 112. Transition to sustainable fisheries. Sec. 506. Enforcement. provide for the conveyance of certain Fed- Sec. 113. Regional coastal disaster assist- Sec. 507. Prohibited acts. eral land in the city of Yuma, Arizona. ance, transition, and recovery Sec. 508. Cooperation in carrying out con- SA 5227. Mr. DEWINE (for Mr. DOMENICI) program. vention. proposed an amendment to the bill S. 1548, to Sec. 114. Fishery finance program hurricane Sec. 509. Territorial participation. provide for the conveyance of certain Forest assistance. Sec. 510. Exclusive economic zone notifica- Service land to the city of Coffman Cove, Sec. 115. Fisheries hurricane assistance pro- tion. Alaska. gram. Sec. 511. Authorization of appropriations. SA 5228. Mr. DEWINE (for Mr. DOMENICI) Sec. 116. Bycatch reduction engineering pro- TITLE VI—PACIFIC WHITING proposed an amendment to the bill S. 2054, to gram. direct the Secretary of the Interior to con- Sec. 117. Community-based restoration pro- Sec. 601. Short title. duct a study of water resources in the State gram for fishery and coastal Sec. 602. Definitions. of Vermont. habitats. Sec. 603. United States representation on SA 5229. Mr. DEWINE (for Mr. DOMENICI) Sec. 118. Prohibited acts. joint management committee. proposed an amendment to the bill S. 2205, to Sec. 119. Shark feeding. Sec. 604. United States representation on direct the Secretary of the Interior to con- Sec. 120. Clarification of flexibility. the scientific review group. vey certain parcels of land acquired for the Sec. 121. Southeast Alaska fisheries commu- Sec. 605. United States representation on Blunt Reservoir and Pierre Canal features of nities capacity reduction. joint technical committee. the initial stage of the Oahe Unit, James Di- Sec. 122. Conversion to catcher/processor Sec. 606. United States representation on ad- vision, South Dakota, to the Commission of shares. visory panel. Sec. 607. Responsibilities of the secretary. Schools and Public Lands and the Depart- TITLE II—INFORMATION AND RESEARCH Sec. 608. Rulemaking. ment of Game, Fish, and Parks of the State Sec. 201. Recreational fisheries information. Sec. 609. Administrative matters. of South Dakota for the purpose of miti- Sec. 202. Collection of information. Sec. 610. Enforcement. gating lost wildlife habitat, on the condition Sec. 203. Access to certain information. Sec. 611. Authorization of appropriations. that the current preferential leaseholders Sec. 204. Cooperative research and manage- TITLE VII—MISCELLANEOUS shall have an option to purchase the parcels ment program. from the Commission, and for other pur- Sec. 205. Herring study. Sec. 701. Study of the acidification of the poses. Sec. 206. Restoration study. oceans and effect on fisheries. SA 5230. Mr. WYDEN (for himself, Ms. Sec. 207. Western Pacific fishery demonstra- Sec. 702. Rule of construction. CANTWELL, Mr. SMITH, Mrs. MURRAY, and tion projects. Sec. 703. Puget Sound regional shellfish set- Mrs. BOXER) submitted an amendment in- Sec. 208. Fisheries conservation and man- tlement. tended to be proposed by him to the bill H.R. agement fund. TITLE VIII—TSUNAMI WARNING AND 6111, to amend the Internal Revenue Code of Sec. 209. Use of fishery finance program for EDUCATION 1986 to provide that the Tax Court may re- sustainable purposes. Sec. 801. Short title. view claims for equitable innocent spouse re- Sec. 210. Regional ecosystem research. Sec. 802. Definitions. lief and to suspend the running on the period Sec. 211. Deep sea coral research and tech- Sec. 803. Purposes. of limitations while such claims are pending; nology program. Sec. 804. Tsunami forecasting and warning which was ordered to lie on the table. Sec. 212. Impact of turtle excluder devices program. f on shrimping. Sec. 805. National tsunami hazard mitiga- Sec. 213. Hurricane effects on commercial tion program. TEXT OF AMENDMENTS and recreational fishery habi- Sec. 806. Tsunami research program. SA 5224. Mr. STEVENS proposed an tats. Sec. 807. Authorization of appropriations. amendment to the bill H.R. 5946, to au- Sec. 214. North Pacific Fisheries Conven- TITLE IX—POLAR BEARS tion. thorize activities to promote improved Sec. 215. New England groundfish fishery. Sec. 901. Short title. monitoring and compliance for high Sec. 216. Report on council management co- Sec. 902. Amendment of Marine Mammal seas fisheries, or fisheries governed by ordination. Protection Act of 1972. international fishery management Sec. 217. Study of shortage in the number of SEC. 2. AMENDMENT OF MAGNUSON-STEVENS individuals with post- bacca- FISHERY CONSERVATION AND MAN- agreements, and for other purposes; as AGEMENT ACT. follows: laureate degrees in subjects related to fishery science. Except as otherwise expressly provided, Strike out all after the enacting clause and Sec. 218. Gulf of Alaska Rockfish demonstra- whenever in this Act an amendment or re- insert the following: tion program. peal is expressed in terms of an amendment SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to, or repeal of, a section or other provision, TITLE III—OTHER FISHERIES STATUTES (a) SHORT TITLE.—This Act may be cited as the reference shall be considered to be made the ‘‘Magnuson-Stevens Fishery Conserva- Sec. 301. Amendments to Northern Pacific to a section or other provision of the Magnu- tion and Management Reauthorization Act Halibut Act. son-Stevens Fishery Conservation and Man- of 2006’’. Sec. 302. Reauthorization of other fisheries agement Act (16 U.S.C. 1801 et seq.). (b) TABLE OF CONTENTS.—The table of con- Acts. SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS. tents for this Act is as follows: TITLE IV—INTERNATIONAL (a) ECOSYSTEMS.—Section 2(a) (16 U.S.C. Sec. 1. Short title; table of contents. Sec. 401. International monitoring and com- 1801(a)) is amended by adding at the end the Sec. 2. Amendment of Magnuson-Stevens pliance. following: Fishery Conservation and Man- Sec. 402. Finding with respect to illegal, un- ‘‘(11) A number of the Fishery Management agement Act. reported, and unregulated fish- Councils have demonstrated significant Sec. 3. Changes in findings and definitions. ing. progress in integrating ecosystem consider- Sec. 4. Highly migratory species. Sec. 403. Action to end illegal, unreported, ations in fisheries management using the ex- Sec. 5. Total allowable level of foreign fish- or unregulated fishing and re- isting authorities provided under this Act.’’. ing. duce bycatch of protected ma- (b) IN GENERAL.—Section 3 (16 U.S.C. 1802) Sec. 6. Sestern Pacific Sustainable Fisheries rine species. is amended— Fund. Sec. 404. Monitoring of Pacific insular area (1) by inserting after paragraph (13) the fol- Sec. 7. Authorization of appropriations. fisheries. lowing:

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.138 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11508 CONGRESSIONAL RECORD — SENATE December 7, 2006 ‘‘(13A) The term ‘regional fishery associa- (2) by adding at the end the following: SEC. 102. CARIBBEAN COUNCIL JURISDICTION. tion’ means an association formed for the ‘‘(b) TRADITIONAL PARTICIPATION.—In man- Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) mutual benefit of members— aging any fisheries under an international is amended by inserting ‘‘and of common- ‘‘(A) to meet social and economic needs in fisheries agreement to which the United wealths, territories, and possessions of the a region or subregion; and States is a party, the appropriate Council or United States in the Caribbean Sea’’ after ‘‘(B) comprised of persons engaging in the Secretary shall take into account the tradi- ‘‘seaward of such States’’. harvest or processing of fishery resources in tional participation in the fishery, relative SEC. 103. REGIONAL FISHERY MANAGEMENT that specific region or subregion or who oth- to other nations, by fishermen of the United COUNCILS. erwise own or operate businesses substan- States on fishing vessels of the United (a) TRIBAL ALTERNATE ON PACIFIC COUN- tially dependent upon a fishery.’’; States. CIL.—Section 302(b)(5) (16 U.S.C. 1852(b)(5)) is (2) by inserting after paragraph (20) the fol- ‘‘(c) PROMOTION OF STOCK MANAGEMENT.—If amended by adding at the end thereof the lowing: a relevant international fisheries organiza- following: ‘‘(20A) The term ‘import’— tion does not have a process for developing a ‘‘(D) The tribal representative appointed ‘‘(A) means to land on, bring into, or intro- formal plan to rebuild a depleted stock, an under subparagraph (A) may designate as an duce into, or attempt to land on, bring into, overfished stock, or a stock that is approach- alternate, during the period of the represent- or introduce into, any place subject to the ing a condition of being overfished, the pro- ative’s term, an individual knowledgeable jurisdiction of the United States, whether or visions of this Act in this regard shall be concerning tribal rights, tribal law, and the not such landing, bringing, or introduction communicated to and promoted by the fishery resources of the geographical area concerned.’’. constitutes an importation within the mean- United States in the international or re- (b) SCIENTIFIC AND STATISTICAL COMMIT- ing of the customs laws of the United States; gional fisheries organization.’’. TEES.—Section 302(g) (16 U.S.C. 1852(g)) is but SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN amended— ‘‘(B) does not include any activity de- FISHING. (1) by striking so much of subsection (g) as scribed in subparagraph (A) with respect to Section 201(d) (16 U.S.C. 1821(d)) is amend- precedes paragraph (2) and inserting the fol- fish caught in the exclusive economic zone or ed— lowing: by a vessel of the United States.’’; (1) by striking ‘‘shall be’’ and inserting ‘‘(g) COMMITTEES AND ADVISORY PANELS.— (3) by inserting after paragraph (23) the fol- ‘‘is’’; ‘‘(1)(A) Each Council shall establish, main- lowing: (2) by striking ‘‘will not’’ and inserting tain, and appoint the members of a scientific ‘‘(23A) The term ‘limited access privi- ‘‘cannot, or will not,’’; and and statistical committee to assist it in the lege’— (3) by inserting after ‘‘Act.’’ the following: development, collection, evaluation, and ‘‘(A) means a Federal permit, issued as ‘‘Allocations of the total allowable level of peer review of such statistical, biological, part of a limited access system under section foreign fishing are discretionary, except that economic, social, and other scientific infor- 303A to harvest a quantity of fish expressed the total allowable level shall be zero for mation as is relevant to such Council’s de- by a unit or units representing a portion of fisheries determined by the Secretary to velopment and amendment of any fishery the total allowable catch of the fishery that have adequate or excess domestic harvest ca- management plan. may be received or held for exclusive use by pacity.’’. ‘‘(B) Each scientific and statistical com- a person; and SEC. 6. WESTERN PACIFIC SUSTAINABLE FISH- mittee shall provide its Council ongoing sci- ‘‘(B) includes an individual fishing quota; ERIES FUND. entific advice for fishery management deci- but Section 204(e) (16 U.S.C. 1824(e)(7)) is sions, including recommendations for ac- ‘‘(C) does not include community develop- amended— ceptable biological catch, preventing over- ment quotas as described in section 305(i). (1) by inserting ‘‘and any funds or con- fishing, maximum sustainable yield, and ‘‘(23B) The term ‘limited access system’ tributions received in support of conserva- achieving rebuilding targets, and reports on means a system that limits participation in tion and management objectives under a ma- stock status and health, bycatch, habitat a fishery to those satisfying certain eligi- rine conservation plan’’ after ‘‘agreement’’ status, social and economic impacts of man- bility criteria or requirements contained in in paragraph (7); and agement measures, and sustainability of a fishery management plan or associated (2) by inserting after ‘‘paragraph (4).’’ in fishing practices. regulation.’’; and paragraph (8) the following: ‘‘In the case of ‘‘(C) Members appointed by the Councils to (4) by inserting after paragraph (27) the fol- violations by foreign vessels occurring with- the scientific and statistical committees lowing: in the exclusive economic zones off Midway shall be Federal employees, State employees, ‘‘(27A) The term ‘observer information’ Atoll, Johnston Atoll, Kingman Reef, Pal- academicians, or independent experts and means any information collected, observed, myra Atoll, Jarvis, Howland, Baker, and shall have strong scientific or technical cre- retrieved, or created by an observer or elec- Wake Islands, amounts received by the Sec- dentials and experience. tronic monitoring system pursuant to au- retary attributable to fines and penalties im- ‘‘(D) Each member of a scientific and sta- thorization by the Secretary, or collected as posed under this Act, shall be deposited into tistical committee shall be treated as an af- part of a cooperative research initiative, in- the Western Pacific Sustainable Fisheries fected individual for purposes of paragraphs cluding fish harvest or processing observa- Fund established under paragraph (7) of this (2), (3)(B), (4), and (5)(A) of subsection (j). tions, fish sampling or weighing data, vessel subsection.’’. The Secretary shall keep disclosures made logbook data, vessel or processor-specific in- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. pursuant to this subparagraph on file. formation (including any safety, location, or Section 4 (16 U.S.C. 1803) is amended to ‘‘(E) The Secretary and each Council may operating condition observations), and video, read as follows: establish a peer review process for that audio, photographic, or written documents.’’. ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Council for scientific information used to ad- (c) REDESIGNATION.—Paragraphs (1) vise the Council about the conservation and through (45) of section 3 (16 U.S.C. 1802), as ‘‘There are authorized to be appropriated to the Secretary to carry out the provisions management of the fishery. The review proc- amended by subsection (a), are redesignated ess, which may include existing committees as paragraphs (1) thorough (50), respectively. of this Act— ‘‘(1) $337,844,000 for fiscal year 2007; or panels, is deemed to satisfy the require- (d) CONFORMING AMENDMENTS.— ments of the guidelines issued pursuant to (1) The following provisions of the Act are ‘‘(2) $347,684,000 for fiscal year 2008; ‘‘(3) $357,524,000 for fiscal year 2009; section 515 of the Treasury and General Gov- amended by striking ‘‘an individual fishing ernment Appropriations Act for Fiscal year quota’’ and inserting ‘‘a limited access privi- ‘‘(4) $367,364,000 for fiscal year 2010; ‘‘(5) $377,204,000 for fiscal year 2011; 2001 (Public Law 106–554—Appendix C; 114 lege’’: Stat. 2763A–153). (A) Section 402(b)(1)(D) (16 U.S.C. ‘‘(6) $387,044,000 for fiscal year 2012; and ‘‘(7) $396,875,000 for fiscal year 2013.’’. ‘‘(F) In addition to the provisions of sec- 1881a(b)(1)(D)). tion 302(f)(7), the Secretary shall, subject to (B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C. TITLE I—CONSERVATION AND the availability of appropriations, pay a sti- 1883(a)(1)(D); (c)(1)). MANAGEMENT pend to members of the scientific and statis- (2) The following provisions of the Act are SEC. 101. CUMULATIVE IMPACTS. tical committees or advisory panels who are amended by striking ‘‘individual fishing (a) NATIONAL STANDARDS.—Section 301(a)(8) not employed by the Federal government or quota’’ and inserting ‘‘limited access privi- (16 U.S.C. 1851(a)(8)) is amended by inserting a State marine fisheries agency. lege’’: ‘‘by utilizing economic and social data that ‘‘(G) A science and statistical committee (A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)). meet the requirements of paragraph (2),’’ shall hold its meetings in conjunction with (B) Section 304(d)(2)(A)(i) (16 U.S.C. after ‘‘fishing communities’’. the meeting of the Council, to the extent 1854(d)(2)(A)(i)). (b) CONTENTS OF PLANS.—Section 303(a)(9) practicable.’’. (3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is (16 U.S.C. 1853(a)(9)) is amended by striking (2) by striking ‘‘other’’ in paragraph (2); amended by striking ‘‘individual fishing ‘‘describe the likely effects, if any, of the and quotas,’’ and inserting ‘‘limited access privi- conservation and management measures (3) by resetting the left margin of para- leges,’’. on—’’ and inserting ‘‘analyze the likely ef- graphs (2) through (5) 2 ems from the left. SEC. 4. HIGHLY MIGRATORY SPECIES. fects, if any, including the cumulative con- (c) COUNCIL FUNCTIONS.—Section 302(h) (16 Section 102 (16 U.S.C. 1812) is amended— servation, economic, and social impacts, of U.S.C. 1852(h)) is amended— (1) by inserting ‘‘(a) IN GENERAL.—’’ before the conservation and management measures (1) by striking ‘‘authority, and’’ in para- ‘‘The’’; and on, and possible mitigation measures for—’’. graph (5) and inserting ‘‘authority;’’;

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.149 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11509 (2) by redesignating paragraph (6) as para- ‘‘(H) other topics suggested by the Council; tistical committees and recommendations graph (7); and and for addressing any such problems.’’. (3) by inserting after paragraph (5) the fol- ‘‘(I) recreational and commercial fishing (j) GULF OF MEXICO FISHERIES MANAGEMENT lowing: information, including fish harvesting tech- COUNCIL.—Section 302(b)(2) (16 U.S.C. ‘‘(6) develop annual catch limits for each of niques, gear types, fishing vessel types, and 1852(b)(2)) is amended— its managed fisheries that may not exceed economics for the fisheries within each (1) by redesignating subparagraph (D) as the fishing level recommendations of its sci- Council’s jurisdiction. subparagraph (E); and entific and statistical committee or the peer ‘‘(2) MEMBER TRAINING.—The training (2) by inserting after subparagraph (C) the review process established under subsection course shall be available to both new and ex- following: (g); and’’. isting Council members, staff from the re- ‘‘(D)(i) The Governor of a State submitting (d) SCIENTIFIC RESEARCH PRIORITIES.—Sec- gional offices and regional science centers of a list of names of individuals for appoint- tion 302(h) (16 U.S.C. 1852(h)), as amended by the National Marine Fisheries Service, and ment by the Secretary of Commerce to the subsection (c), is further amended— may be made available to committee or advi- Gulf of Mexico Fisheries Management Coun- (1) by striking ‘‘(g); and’’ in paragraph (6) sory panel members as resources allow. cil under subparagraph (C) shall include— and inserting ‘‘(g);’’; ‘‘(3) REQUIRED TRAINING.—Council members ‘‘(I) at least 1 nominee each from the com- (2) by redesignating paragraph (7), as redes- appointed after the date of enactment of the mercial, recreational, and charter fishing ignated by subsection (c)(2), as paragraph (8); Magnuson-Stevens Fishery Conservation and sectors; and (2) by inserting after paragraph (6) the fol- Management Reauthorization Act of 2006 ‘‘(II) at least 1 other individual who is lowing: shall complete a training course that meets knowledgeable regarding the conservation ‘‘(7) develop, in conjunction with the sci- the requirements of this section not later and management of fisheries resources in the entific and statistical committee, multi-year than 1 year after the date on which they jurisdiction of the Council. research priorities for fisheries, fisheries were appointed. Any Council member who ‘‘(ii) Notwithstanding the requirements of interactions, habitats, and other areas of re- has completed a training course within 24 subparagraph (C), if the Secretary deter- search that are necessary for management months before the date of enactment of the mines that the list of names submitted by purposes, that shall— Magnuson-Stevens Fishery Conservation and the Governor does not meet the require- ‘‘(A) establish priorities for 5-year periods; Management Reauthorization Act of 2006 ments of clause (i) the Secretary shall— ‘‘(B) be updated as necessary; and shall be considered to have met the training ‘‘(I) publish a notice in the Federal Reg- ‘‘(C) be submitted to the Secretary and the requirement of this paragraph. ister asking the residents of that State to regional science centers of the National Ma- ‘‘(l) COUNCIL COORDINATION COMMITTEE.— submit the names and pertinent biographical rine Fisheries Service for their consideration The Councils may establish a Council coordi- data of individuals who would meet the rein developing research priorities and budgets nation committee consisting of the chairs, quirement not met for appointment to the for the region of the Council; and’’. vice chairs, and executive directors of each (e) REGULAR AND EMERGENCY MEETINGS.— Council; and of the 8 Councils described in subsection ‘‘(II) add the name of any qualified indi- Section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is (a)(1), or other Council members or staff, in amended by striking ‘‘published in local vidual submitted by the public who meets order to discuss issues of relevance to all the unmet requirement to the list of names newspapers in the major fishing ports of the Councils, including issues related to the im- region (and in other major fishing ports hav- submitted by the Governor. plementation of this Act.’’. ‘‘(iii) For purposes of clause (i) an indi- ing a direct interest in the affected fishery) (h) PROCEDURAL MATTERS.—Section 302(i) vidual who owns or operates a fish farm out- and such notice may be given by such other (16 U.S.C. 1852(i)) is amended— side of the United States shall not be consid- means as will result in wide publicity.’’ and (1) by striking ‘‘to the Councils or to the ered to be a representative of the commer- inserting ‘‘provided by any means that will scientific and statistical committees or advi- cial or recreational fishing sector. result in wide publicity in the major fishing sory panels established under subsection ports of the region (and in other major fish- ‘‘(iv) The requirements of this subpara- (g).’’ in paragraph (1) and inserting ‘‘to the ing ports having a direct interest in the af- graph shall expire at the end of fiscal year Councils, the Council coordination com- fected fishery), except that e-mail notifica- 2012.’’. mittee established under subsection (l), or to tion and website postings alone are not suffi- the scientific and statistical committees or SEC. 104. FISHERY MANAGEMENT PLAN RE- cient.’’. QUIREMENTS. (f) CLOSED MEETINGS.—Section 302(i)(3)(B) other committees or advisory panels established under subsection (g).’’; (a) IN GENERAL.—Section 303(a) (16 U.S.C. (16 U.S.C. 1852(i)(3)(B)) is amended by strik- 1853(a)) is amended— ing ‘‘notify local newspapers in the major (2) by striking ‘‘of a Council, and of the scientific and statistical committee and advi- (1) striking ‘‘and charter fishing’’ in para- fishing ports within its region (and in other graph (5) and inserting ‘‘charter fishing, and major, affected fishing ports,’’ and inserting sory panels established under subsection (g):’’ in paragraph (2) and inserting ‘‘of a fish processing’’; ‘‘provide notice by any means that will re- (2) by inserting ‘‘economic information sult in wide publicity in the major fishing Council, of the Council coordination com- necessary to meet the requirements of this ports of the region (and in other major fish- mittee established under subsection (l), and Act,’’ in paragraph (5) after ‘‘number of ing ports having a direct interest in the af- of the scientific and statistical committees hauls,’’; fected fishery), except that e-mail notifica- or other committees or advisory panels es- (3) by striking ‘‘and’’ after the semicolon tion and website postings alone are not suffi- tablished under subsection (g):’’; and cient,’’. (3) by inserting ‘‘the Council Coordination in paragraph (9)(A); (g) TRAINING.—Section 302 (16 U.S.C. 1852) Committee established under subsection (l),’’ (4) by inserting ‘‘and’’ after the semicolon is amended by adding at the end the fol- in paragraph (3)(A) after ‘‘Council,’’; and in paragraph (9)(B); lowing: (4) by inserting ‘‘other committees,’’ in (5) by inserting after paragraph (9)(B) the ‘‘(k) COUNCIL TRAINING PROGRAM.— paragraph (3)(A) after ‘‘committee,’’. following: ‘‘(1) TRAINING COURSE.—Within 6 months (i) CONFLICTS OF INTEREST.—Section 302(j) ‘‘(C) the safety of human life at sea, includ- after the date of enactment of the Magnu- (16 U.S.C. 1852(j)) is amended— ing whether and to what extent such meas- son-Stevens Fishery Conservation and Man- (1) by inserting ‘‘lobbying, advocacy,’’ ures may affect the safety of participants in agement Reauthorization Act of 2006, the after ‘‘processing,’’ in paragraph (2); the fishery; Secretary, in consultation with the Councils (2) by striking ‘‘jurisdiction.’’ in paragraph (6) by striking ‘‘fishery’’ the first place it and the National Sea Grant College Pro- (2) and inserting ‘‘jurisdiction, or with re- appears in paragraph (13) and inserting ‘‘fish- gram, shall develop a training course for spect to an individual or organization with a ery, including its economic impact,’’; newly appointed Council members. The financial interest in such activity.’’; (7) by striking ‘‘and’’ after the semicolon course may cover a variety of topics relevant (3) by striking subparagraph (B) of para- in paragraph (13); to matters before the Councils, including— graph (5) and inserting the following: (8) by striking ‘‘allocate’’ in paragraph (14) ‘‘(A) fishery science and basic stock assess- ‘‘(B) be kept on file by the Council and and inserting ‘‘allocate, taking into consid- ment methods; made available on the Internet and for public eration the economic impact of the harvest ‘‘(B) fishery management techniques, data inspection at the Council offices during rea- restrictions or recovery benefits on the fish- needs, and Council procedures; sonable hours; and’’; and ery participants in each sector,’’; ‘‘(C) social science and fishery economics; (4) by adding at the end the following: (9) by striking ‘‘fishery.’’ in paragraph (14) ‘‘(D) tribal treaty rights and native cus- ‘‘(9) On January 1, 2008, and annually and inserting ‘‘fishery and;’’; and toms, access, and other rights related to thereafter, the Secretary shall submit a re- (10) by adding at the end the following: Western Pacific indigenous communities; port to the Senate Committee on Commerce, ‘‘(15) establish a mechanism for specifying ‘‘(E) legal requirements of this Act, includ- Science, and Transportation and the House annual catch limits in the plan (including a ing conflict of interest and disclosure provi- of Representatives Committee on Resources multiyear plan), implementing regulations, sions of this section and related policies; on action taken by the Secretary and the or annual specifications, at a level such that ‘‘(F) other relevant legal and regulatory Councils to implement the disclosure of fi- overfishing does not occur in the fishery, in- requirements, including the National Envi- nancial interest and recusal requirements of cluding measures to ensure accountability.’’. ronmental Policy Act (42 U.S.C. 4321 et seq.); this subsection, including identification of (b) EFFECTIVE DATES; APPLICATION TO CER- ‘‘(G) public process for development of fish- any conflict of interest problems with re- TAIN SPECIES.—The amendment made by sub- ery management plans; spect to the Councils and scientific and sta- section (a)(10)—

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.149 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11510 CONGRESSIONAL RECORD — SENATE December 7, 2006 (1) shall, unless otherwise provided for ‘‘(D) the capability of fishing vessels used the eligibility and participation require- under an international agreement in which in the fishery to engage in other fisheries; ments established in the program from ac- the United States participates, take effect— ‘‘(E) the cultural and social framework rel- quiring a privilege to harvest fish, including (A) in fishing year 2010 for fisheries deter- evant to the fishery and any affected fishing any person that acquires a limited access mined by the Secretary to be subject to over- communities; privilege solely for the purpose of perfecting fishing; and ‘‘(F) the fair and equitable distribution of or realizing on a security interest in such (B) in fishing year 2011 for all other fish- access privileges in the fishery; and privilege; eries; and ‘‘(G) any other relevant considerations;’’; ‘‘(E) require that all fish harvested under a (2) shall not apply to a fishery for species (5) by striking ‘‘(other than economic limited access privilege program be proc- that have a life cycle of approximately 1 data)’’ in paragraph (7); essed on vessels of the United States or on year unless the Secretary has determined (6) by striking ‘‘and’’ after the semicolon United States soil (including any territory of the fishery is subject to overfishing of that in paragraph (11); and the United States); species; and (7) by redesignating paragraph (12) as para- ‘‘(F) specify the goals of the program; (3) shall not limit or otherwise affect the graph (14) and inserting after paragraph (11) ‘‘(G) include provisions for the regular requirements of section 301(a)(1) or 304(e) of the following: monitoring and review by the Council and the Magnuson-Stevens Fishery Conservation ‘‘(12) include management measures in the and Management Act (16 U.S.C. 1851(a)(1) or the Secretary of the operations of the pro- plan to conserve target and non-target spe- gram, including determining progress in 1854(e), respectively). cies and habitats, considering the variety of (c) CLARIFICATION OF REBUILDING PROVI- meeting the goals of the program and this ecological factors affecting fishery popu- Act, and any necessary modification of the SION.—Section 304(e) (16 U.S.C. 1854(e)) is lations; and’’. amended— program to meet those goals, with a formal (1) by striking ‘‘one year of’’ in paragraph SEC. 106. LIMITED ACCESS PRIVILEGE PRO- and detailed review 5 years after the imple- GRAMS. (3) and inserting ‘‘2 years after’’; mentation of the program and thereafter to (a) IN GENERAL.—Title III (16 U.S.C. 1851 et (2) by inserting ‘‘and implement’’ after coincide with scheduled Council review of seq.) is amended— ‘‘prepare’’ in paragraph (3); the relevant fishery management plan (but (1) by striking section 303(d); and (k) by inserting ‘‘immediately’’ after no less frequently than once every 7 years); (2) by inserting after section 303 the fol- ‘‘overfishing’’ in paragraph (3)(A); ‘‘(H) include an effective system for en- (4) by striking ‘‘ending overfishing and’’ in lowing: forcement, monitoring, and management of paragraph (4)(A); and ‘‘SEC. 303A. LIMITED ACCESS PRIVILEGE PRO- the program, including the use of observers (5) by striking ‘‘one-year’’ in paragraph (5) GRAMS. or electronic monitoring systems; and inserting ‘‘2-year’’. ‘‘(a) IN GENERAL.—After the date of enact- ‘‘(I) include an appeals process for adminis- (d) EFFECTIVE DATE FOR SUBSECTION (c).— ment of the Magnuson-Stevens Fishery Con- trative review of the Secretary’s decisions The amendments made by subsection (c) servation and Management Reauthorization regarding initial allocation of limited access shall take effect 30 months after the date of Act of 2006, a Council may submit, and the privileges; enactment of this Act. Secretary may approve, for a fishery that is ‘‘(J) provide for the establishment by the SEC. 105. FISHERY MANAGEMENT PLAN DISCRE- managed under a limited access system, a Secretary, in consultation with appropriate TIONARY PROVISIONS. limited access privilege program to harvest Federal agencies, for an information collec- Section 303(b) (16 U.S.C. 1853(b)) is amend- fish if the program meets the requirements tion and review process to provide any addi- ed— of this section. tional information needed to determine (1) by inserting ‘‘(A)’’ after ‘‘(2)’’ in para- ‘‘(b) NO CREATION OF RIGHT, TITLE, OR IN- whether any illegal acts of anti-competition, graph (2); TEREST.—Limited access privilege, quota anti-trust, price collusion, or price fixing share, or other limited access system author- (2) by inserting after paragraph (2) the fol- have occurred among regional fishery asso- lowing: ization established, implemented, or man- ciations or persons receiving limited access ‘‘(B) designate such zones in areas where aged under this Act— privileges under the program; and deep sea corals are identified under section ‘‘(1) shall be considered a permit for the ‘‘(K) provide for the revocation by the Sec- 408, to protect deep sea corals from physical purposes of sections 307, 308, and 309; retary of limited access privileges held by damage from fishing gear or to prevent loss ‘‘(2) may be revoked, limited, or modified any person found to have violated the anti- or damage to such fishing gear from inter- at any time in accordance with this Act, in- trust laws of the United States. actions with deep sea corals, after consid- cluding revocation if the system is found to ‘‘(2) WAIVER.—The Secretary may waive ering long-term sustainable uses of fishery have jeopardized the sustainability of the the requirement of paragraph (1)(E) if the resources in such areas; and stock or the safety of fishermen; Secretary determines that— ‘‘(C) with respect to any closure of an area ‘‘(3) shall not confer any right of com- ‘‘(A) the fishery has historically processed under this Act that prohibits all fishing, en- pensation to the holder of such limited ac- sure that such closure— cess privilege, quota share, or other such the fish outside of the United States; and ‘‘(i) is based on the best scientific informa- limited access system authorization if it is ‘‘(B) the United States has a seafood safety tion available; revoked, limited, or modified; equivalency agreement with the country ‘‘(ii) includes criteria to assess the con- ‘‘(4) shall not create, or be construed to where processing will occur. servation benefit of the closed area; create, any right, title, or interest in or to ‘‘(3) FISHING COMMUNITIES.— ‘‘(iii) establishes a timetable for review of any fish before the fish is harvested by the ‘‘(A) IN GENERAL.— the closed area’s performance that is con- holder; and ‘‘(i) ELIGIBILITY.—To be eligible to partici- sistent with the purposes of the closed area; ‘‘(5) shall be considered a grant of permis- pate in a limited access privilege program to and sion to the holder of the limited access privi- harvest fish, a fishing community shall— ‘‘(iv) is based on an assessment of the bene- lege or quota share to engage in activities ‘‘(I) be located within the management fits and impacts of the closure, including its permitted by such limited access privilege or area of the relevant Council; size, in relation to other management meas- quota share. ‘‘(II) meet criteria developed by the rel- ures (either alone or in combination with ‘‘(c) REQUIREMENTS FOR LIMITED ACCESS evant Council, approved by the Secretary, such measures), including the benefits and PRIVILEGES.— and published in the Federal Register; impacts of limiting access to: users of the ‘‘(1) IN GENERAL.—Any limited access privi- ‘‘(III) consist of residents who conduct area, overall fishing activity, fishery lege program to harvest fish submitted by a commercial or recreational fishing, proc- science, and fishery and marine conserva- Council or approved by the Secretary under essing, or fishery-dependent support busi- tion;’’; this section shall— nesses within the Council’s management (3) by striking ‘‘fishery;’’ in paragraph (5) ‘‘(A) if established in a fishery that is over- area; and and inserting ‘‘fishery and take into account fished or subject to a rebuilding plan, assist ‘‘(IV) develop and submit a community the different circumstances affecting fish- in its rebuilding; and sustainability plan to the Council and the eries from different States and ports, includ- ‘‘(B) if established in a fishery that is de- Secretary that demonstrates how the plan ing distances to fishing grounds and prox- termined by the Secretary or the Council to will address the social and economic develop- imity to time and area closures;’’; have over-capacity, contribute to reducing ment needs of coastal communities, includ- (4) by striking paragraph (6) and inserting capacity; ing those that have not historically had the the following: ‘‘(C) promote— resources to participate in the fishery, for ‘‘(6) establish a limited access system for ‘‘(i) fishing safety; and approval based on criteria developed by the the fishery in order to achieve optimum ‘‘(ii) fishery conservation and manage- Council that have been approved by the Sec- yield if, in developing such system, the ment; and retary and published in the Federal Register. Council and the Secretary take into ac- ‘‘(iii) social and economic benefits; ‘‘(ii) FAILURE TO COMPLY WITH PLAN.—The count— ‘‘(D) prohibit any person other than a Secretary shall deny or revoke limited ac- ‘‘(A) present participation in the fishery; United States citizen, a corporation, part- cess privileges granted under this section for ‘‘(B) historical fishing practices in, and de- nership, or other entity established under any person who fails to comply with the re- pendence on, the fishery; the laws of the United States or any State, quirements of the community sustainability ‘‘(C) the economics of the fishery; or a permanent resident alien, that meets plan. Any limited access privileges denied or

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.149 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11511 revoked under this section may be reallo- ‘‘(vi) the expected effectiveness, oper- the petition and, if the Secretary determines cated to other eligible members of the fish- ational transparency, and equitability of the that the signatures on the petition represent ing community. fishery association plan. more than 50 percent of the permit holders, ‘‘(B) PARTICIPATION CRITERIA.—In devel- ‘‘(5) ALLOCATION.—In developing a limited or holders of more than 50 percent of the al- oping participation criteria for eligible com- access privilege program to harvest fish a location in the fishery, as described by sub- munities under this paragraph, a Council Council or the Secretary shall— paragraph (B), the Secretary shall certify shall consider— ‘‘(A) establish procedures to ensure fair the petition to the appropriate Council or ‘‘(i) traditional fishing or processing prac- and equitable initial allocations, including Councils. tices in, and dependence on, the fishery; consideration of— ‘‘(D) NEW ENGLAND AND GULF REF- ‘‘(ii) the cultural and social framework rel- ‘‘(i) current and historical harvests; ERENDUM.— evant to the fishery; ‘‘(ii) employment in the harvesting and ‘‘(i) Except as provided in clause (iii) for ‘‘(iii) economic barriers to access to fish- processing sectors; the Gulf of Mexico commercial red snapper ery; ‘‘(iii) investments in, and dependence upon, fishery, the New England and Gulf Councils ‘‘(iv) the existence and severity of pro- the fishery; and may not submit, and the Secretary may not jected economic and social impacts associ- ‘‘(iv) the current and historical participa- approve or implement, a fishery manage- ated with implementation of limited access tion of fishing communities; ment plan or amendment that creates an in- privilege programs on harvesters, captains, ‘‘(B) consider the basic cultural and social dividual fishing quota program, including a crew, processors, and other businesses sub- framework of the fishery, especially Secretarial plan, unless such a system, as ul- through— timately developed, has been approved by stantially dependent upon the fishery in the ‘‘(i) the development of policies to promote more than 2⁄3 of those voting in a referendum region or subregion; the sustained participation of small owner- among eligible permit holders, or other per- ‘‘(v) the expected effectiveness, operational operated fishing vessels and fishing commu- sons described in clause (v), with respect to transparency, and equitability of the com- nities that depend on the fisheries, including the New England Council, and by a majority munity sustainability plan; and regional or port-specific landing or delivery of those voting in the referendum among eli- ‘‘(vi) the potential for improving economic requirements; and gible permit holders with respect to the Gulf conditions in remote coastal communities ‘‘(ii) procedures to address concerns over Council. For multispecies permits in the lacking resources to participate in har- excessive geographic or other consolidation Gulf of Mexico, only those participants who vesting or processing activities in the fish- in the harvesting or processing sectors of the have substantially fished the species pro- ery. fishery; posed to be included in the individual fishing ‘‘(4) REGIONAL FISHERY ASSOCIATIONS.— ‘‘(C) include measures to assist, when nec- quota program shall be eligible to vote in ‘‘(A) IN GENERAL.—To be eligible to partici- essary and appropriate, entry-level and small such a referendum. If an individual fishing pate in a limited access privilege program to vessel owner-operators, captains, crew, and quota program fails to be approved by the harvest fish, a regional fishery association fishing communities through set-asides of requisite number of those voting, it may be shall— harvesting allocations, including providing revised and submitted for approval in a sub- ‘‘(i) be located within the management privileges, which may include set-asides or sequent referendum. area of the relevant Council; allocations of harvesting privileges, or eco- ‘‘(ii) The Secretary shall conduct a ref- ‘‘(ii) meet criteria developed by the rel- nomic assistance in the purchase of limited erendum under this subparagraph, including evant Council, approved by the Secretary, access privileges; notifying all persons eligible to participate and published in the Federal Register; ‘‘(D) ensure that limited access privilege in the referendum and making available to ‘‘(iii) be a voluntary association, among holders do not acquire an excessive share of them information concerning the schedule, willing parties, with established by-laws and the total limited access privileges in the pro- procedures, and eligibility requirements for operating procedures; gram by— the referendum process and the proposed in- ‘‘(iv) consist of participants in the fishery ‘‘(i) establishing a maximum share, ex- dividual fishing quota program. Within 1 who hold quota share that are designated for pressed as a percentage of the total limited year after the date of enactment of the Mag- use in the specific region or subregion cov- access privileges, that a limited access privi- nuson-Stevens Fishery Conservation and ered by the regional fishery association, in- lege holder is permitted to hold, acquire, or Management Reauthorization Act of 2006, cluding commercial or recreational fishing, use; and the Secretary shall publish guidelines and processing, fishery-dependent support busi- ‘‘(ii) establishing any other limitations or procedures to determine procedures and vot- nesses, or fishing communities; measures necessary to prevent an inequi- ing eligibility requirements for referenda ‘‘(v) not be eligible to receive an initial al- table concentration of limited access privi- and to conduct such referenda in a fair and location of a limited access privilege but leges; and equitable manner. may acquire such privileges after the initial ‘‘(E) authorize limited access privileges to ‘‘(iii) The provisions of section 407(c) of allocation, and may hold the annual fishing harvest fish to be held, acquired, used by, or this Act shall apply in lieu of this subpara- privileges of any limited access privileges it issued under the system to persons who sub- graph for an individual fishing quota pro- holds or the annual fishing privileges that is stantially participate in the fishery, includ- gram for the Gulf of Mexico commercial red members contribute; and ing in a specific sector of such fishery, as snapper fishery. ‘‘(vi) develop and submit a regional fishery specified by the Council. ‘‘(iv) Chapter 35 of title 44, United States association plan to the Council and the Sec- ‘‘(6) PROGRAM INITIATION.— Code, (commonly known as the Paperwork retary for approval based on criteria devel- ‘‘(A) LIMITATION.—Except as provided in Reduction Act) does not apply to the oped by the Council that have been approved subparagraph (D), a Council may initiate a referenda conducted under this subpara- by the Secretary and published in the Fed- fishery management plan or amendment to graph. eral Register. establish a limited access privilege program ‘‘(v) The Secretary shall promulgate cri- ‘‘(B) FAILURE TO COMPLY WITH PLAN.—The to harvest fish on its own initiative or if the teria for determining whether additional Secretary shall deny or revoke limited ac- Secretary has certified an appropriate peti- fishery participants are eligible to vote in cess privileges granted under this section to tion. the New England referendum described in any person participating in a regional fish- ‘‘(B) PETITION.—A group of fishermen con- clause (i) in order to ensure that crew mem- ery association who fails to comply with the stituting more than 50 percent of the permit bers who derive a significant percentage of requirements of the regional fishery associa- holders, or holding more than 50 percent of their total income from the fishery under tion plan. the allocation, in the fishery for which a lim- the proposed program are eligible to vote in ‘‘(C) PARTICIPATION CRITERIA.—In devel- ited access privilege program to harvest fish the referendum. oping participation criteria for eligible re- is sought, may submit a petition to the Sec- ‘‘(vi) In this subparagraph, the term ‘indi- gional fishery associations under this para- retary requesting that the relevant Council vidual fishing quota’ does not include a sec- graph, a Council shall consider— or Councils with authority over the fishery tor allocation. ‘‘(i) traditional fishing or processing prac- be authorized to initiate the development of ‘‘(7) TRANSFERABILITY.—In establishing a tices in, and dependence on, the fishery; the program. Any such petition shall clearly limited access privilege program, a Council ‘‘(ii) the cultural and social framework rel- state the fishery to which the limited access shall— evant to the fishery; privilege program would apply. For multi- ‘‘(A) establish a policy and criteria for the ‘‘(iii) economic barriers to access to fish- species permits in the Gulf of Mexico, only transferability of limited access privileges ery; those participants who have substantially (through sale or lease), that is consistent ‘‘(iv) the existence and severity of pro- fished the species proposed to be included in with the policies adopted by the Council for jected economic and social impacts associ- the limited access program shall be eligible the fishery under paragraph (5); and ated with implementation of limited access to sign a petition for such a program and ‘‘(B) establish, in coordination with the privilege programs on harvesters, captains, shall serve as the basis for determining the Secretary, a process for monitoring of trans- crew, processors, and other businesses sub- percentage described in the first sentence of fers (including sales and leases) of limited stantially dependent upon the fishery in the this subparagraph. access privileges. region or subregion; ‘‘(C) CERTIFICATION BY SECRETARY.—Upon ‘‘(8) PREPARATION AND IMPLEMENTATION OF ‘‘(v) the administrative and fiduciary the receipt of any such petition, the Sec- SECRETARIAL PLANS.—This subsection also soundness of the association; and retary shall review all of the signatures on applies to a plan prepared and implemented

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by the Secretary under section 304(c) or ‘‘(2) ELIGIBILITY CRITERIA.—A Council mak- ‘‘(B) integrate applicable environmental 304(g). ing a submission under paragraph (1) shall analytical procedures, including the time ‘‘(9) ANTITRUST SAVINGS CLAUSE.—Nothing recommend criteria, consistent with the pro- frames for public input, with the procedure in this Act shall be construed to modify, im- visions of this Act, that a fisherman must for the preparation and dissemination of pair, or supersede the operation of any of the meet to qualify for guarantees under sub- fishery management plans, plan amend- antitrust laws. For purposes of the preceding paragraphs (A) and (B) of paragraph (1) and ments, and other actions taken or approved sentence, the term ‘antitrust laws’ has the the portion of funds to be allocated for guar- pursuant to this Act in order to provide for meaning given such term in subsection (a) of antees under each subparagraph. timely, clear and concise analysis that is the first section of the Clayton Act, except ‘‘(h) EFFECT ON CERTAIN EXISTING SHARES useful to decision makers and the public, re- that such term includes section 5 of the Fed- AND PROGRAMS.—Nothing in this Act, or the duce extraneous paperwork, and effectively eral Trade Commission Act to the extent amendments made by the Magnuson-Stevens involve the public. that such section 5 applies to unfair methods Fishery Conservation and Management Re- ‘‘(2) USAGE.—The updated agency proce- of competition. authorization Act of 2006, shall be construed dures promulgated in accordance with this ‘‘(d) AUCTION AND OTHER PROGRAMS.—In es- to require a reallocation or a reevaluation of section used by the Councils or the Sec- tablishing a limited access privilege pro- individual quota shares, processor quota retary shall be the sole environmental im- gram, a Council shall consider, and may pro- shares, cooperative programs, or other quota pact assessment procedure for fishery man- vide, if appropriate, an auction system or programs, including sector allocation in ef- agement plans, amendments, regulations, or other program to collect royalties for the fect before the date of enactment of the Mag- other actions taken or approved pursuant to initial, or any subsequent, distribution of al- nuson-Stevens Fishery Conservation and this Act. locations in a limited access privilege pro- Management Reauthorization Act of 2006. ‘‘(3) SCHEDULE FOR PROMULGATION OF FINAL gram if— ‘‘(i) TRANSITION RULES.— PROCEDURES.—The Secretary shall— ‘‘(1) the system or program is administered ‘‘(1) IN GENERAL.—The requirements of this ‘‘(A) propose revised procedures within 6 in such a way that the resulting distribution section shall not apply to any quota pro- months after the date of enactment of the of limited access privilege shares meets the gram, including any individual quota pro- Magnuson-Stevens Fishery Conservation and program requirements of this section; and gram, cooperative program, or sector alloca- Management Reauthorization Act of 2006; ‘‘(2) revenues generated through such a tion for which a Council has taken final ac- ‘‘(B) provide 90 days for public review and royalty program are deposited in the Lim- tion or which has been submitted by a Coun- comments; and ited Access System Administration Fund es- cil to the Secretary, or approved by the Sec- ‘‘(C) promulgate final procedures no later tablished by section 305(h)(5)(B) and avail- retary, within 6 months after the date of en- than 12 months after the date of enactment able subject to annual appropriations. actment of the Magnuson-Stevens Fishery of that Act. ‘‘(e) COST RECOVERY.—In establishing a Conservation and Management Reauthoriza- ‘‘(4) PUBLIC PARTICIPATION.—The Secretary limited access privilege program, a Council tion Act of 2006, except that— is authorized and directed, in cooperation shall— ‘‘(A) the requirements of section 303(d) of with the Council on Environmental Quality ‘‘(1) develop a methodology and the means this Act in effect on the day before the date and the Councils, to involve the affected pub- to identify and assess the management, data of enactment of that Act shall apply to any lic in the development of revised procedures, collection and analysis, and enforcement such program; including workshops or other appropriate programs that are directly related to and in ‘‘(B) the program shall be subject to review means of public involvement.’’. support of the program; and under subsection (c)(1)(G) of this section not SEC. 108. EMERGENCY REGULATIONS. ‘‘(2) provide, under section 304(d)(2), for a later than 5 years after the program imple- program of fees paid by limited access privi- (a) LENGTHENING OF SECOND EMERGENCY mentation; and PERIOD.—Section 305(c)(3)(B) (16 U.S.C. lege holders that will cover the costs of man- ‘‘(C) nothing in this subsection precludes a agement, data collection and analysis, and 1855(c)(3)(B)) is amended by striking ‘‘180 Council from incorporating criteria con- days,’’ the second time it appears and insert- enforcement activities. tained in this section into any such plans. ‘‘(f) CHARACTERISTICS.—A limited access ing ‘‘186 days,’’. (b) FEES.—Section 304(d)(2)(A) (16 U.S.C. privilege established after the date of enact- (b) TECHNICAL AMENDMENT.—Section ment of the Magnuson-Stevens Fishery Con- 1854(d)(2)(A)) is amended by striking ‘‘man- 305(c)(3)(D) (16 U.S.C. 1855(c)(3)(D)) is amend- servation and Management Reauthorization agement and enforcement’’ and inserting ed by inserting ‘‘or interim measures’’ after Act of 2006 is a permit issued for a period of ‘‘management, data collection, and enforce- ‘‘emergency regulations’’. not more than 10 years that— ment’’. SEC. 109. WESTERN PACIFIC AND NORTH PACIFIC ‘‘(1) will be renewed before the end of that (c) INVESTMENT IN UNITED STATES SEAFOOD COMMUNITY DEVELOPMENT. period, unless it has been revoked, limited, PROCESSING FACILITIES.—The Secretary of Section 305 (16 U.S.C. 1855) is amended by or modified as provided in this subsection; Commerce shall work with the Small Busi- adding at the end thereof the following: ‘‘(2) will be revoked, limited, or modified if ness Administration and other Federal agen- ‘‘(j) WESTERN PACIFIC AND NORTHERN PA- the holder is found by the Secretary, after cies to develop financial and other mecha- CIFIC REGIONAL MARINE EDUCATION AND notice and an opportunity for a hearing nisms to encourage United States invest- TRAINING.— under section 554 of title 5, United States ment in seafood processing facilities in the ‘‘(1) IN GENERAL.—The Secretary shall es- Code, to have failed to comply with any term United States for fisheries that lack capac- tablish a pilot program for regionally-based of the plan identified in the plan as cause for ity needed to process fish harvested by marine education and training programs in revocation, limitation, or modification of a United States vessels in compliance with the the Western Pacific and the Northern Pacific permit, which may include conservation re- Magnuson-Stevens Fishery Conservation and to foster understanding, practical use of quirements established under the plan; Management Act (16 U.S.C. 1801 et seq.). knowledge (including native Hawaiian, Alas- ‘‘(3) may be revoked, limited, or modified if (d) CONFORMING AMENDMENT.—Section kan Native, and other Pacific Islander-based the holder is found by the Secretary, after 304(d)(2)(C)(i) (16 U.S.C. 1854(d)(2)(C)(i)) is knowledge), and technical expertise relevant notice and an opportunity for a hearing amended by striking ‘‘section 305(h)(5)(B)’’ to stewardship of living marine resources. under section 554 of title 5, United States and all that follows and inserting ‘‘section The Secretary shall, in cooperation with the Code, to have committed an act prohibited 305(h)(5)(B).’’. Western Pacific and the North Pacific Re- by section 307 of this Act; and (e) APPLICATION WITH AMERICAN FISHERIES gional Fishery Management Councils, re- ‘‘(4) may be acquired, or reacquired, by ACT.—Nothing in section 303A of the Magnu- gional educational institutions, and local participants in the program under a mecha- son-Stevens Fishery Conservation and Man- Western Pacific and Northern Pacific com- nism established by the Council if it has agement Act (16 U.S.C. 1801 et seq.), as added munity training entities, establish programs been revoked, limited, or modified under by subsection (a), shall be construed to mod- or projects that will improve communica- paragraph (2) or (3). ify or supersede any provision of the Amer- tion, education, and training on marine re- ‘‘(g) LIMITED ACCESS PRIVILEGE ASSISTED ican Fisheries Act (46 U.S.C. 12102 note; 16 source issues throughout the region and in- PURCHASE PROGRAM.— U.S.C. 1851 note; et alia). crease scientific education for marine-re- ‘‘(1) IN GENERAL.—A Council may submit, SEC. 107. ENVIRONMENTAL REVIEW PROCESS. lated professions among coastal community and the Secretary may approve and imple- Section 304 (16 U.S.C. 1854) is amended by residents, including indigenous Pacific is- ment, a program which reserves up to 25 per- adding at the end the following: landers, Native Hawaiians, Alaskan Natives, cent of any fees collected from a fishery ‘‘(i) ENVIRONMENTAL REVIEW PROCESS.— and other underrepresented groups in the re- under section 304(d)(2) to be used, pursuant ‘‘(1) PROCEDURES.—The Secretary shall, in gion. to section 53706(a)(7) of title 46, United consultation with the Councils and the ‘‘(2) PROGRAM COMPONENTS.—The program States Code, to issue obligations that aid in Council on Environmental Quality, revise shall— financing— and update agency procedures for compli- ‘‘(A) include marine science and tech- ‘‘(A) the purchase of limited access privi- ance with the National Environmental Pol- nology education and training programs fo- leges in that fishery by fishermen who fish icy Act (42 U.S.C. 4231 et seq.). The proce- cused on preparing community residents for from small vessels; and dures shall— employment in marine related professions, ‘‘(B) the first-time purchase of limited ac- ‘‘(A) conform to the time lines for review including marine resource conservation and cess privileges in that fishery by entry level and approval of fishery management plans management, marine science, marine tech- fishermen. and plan amendments under this section; and nology, and maritime operations;

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.149 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11513 ‘‘(B) include fisheries and seafood-related cution of a joint enforcement agreement Science, and Transportation and the House training programs, including programs for with the Secretary that will authorize the of Representatives Committee on Resources fishery observers, seafood safety and seafood deputization and funding of State law en- containing— marketing, focused on increasing the in- forcement officers with marine law enforce- (1) a cost-to-benefit analysis of the feasi- volvement of coastal community residents in ment responsibilities to perform duties of bility, value, and cost of using vessel moni- fishing, fishery management, and seafood-re- the Secretary relating to law enforcement toring systems, satellite-based maritime dis- lated operations; provisions under this title or any other ma- tress and safety systems, or similar systems ‘‘(C) include outreach programs and mate- rine resource law enforced by the Secretary. for fishery management, conservation, en- rials to educate and inform consumers about Upon receiving an application meeting the forcement, and safety purposes with the Fed- the quality and sustainability of wild fish or requirements of this subsection, the Sec- eral government bearing the capital costs of fish products farmed through responsible retary may enter into a joint enforcement any such system; aquaculture, particularly in Hawaii, Alaska, agreement with the requesting State. (2) an examination of the cumulative im- the Western Pacific, the Northern Pacific, ‘‘(2) ELIGIBLE STATE.—A State is eligible to pact of existing requirements for commercial and the Central Pacific; participate in the cooperative enforcement vessels; ‘‘(D) include programs to identify, with the agreements under this section if it is in, or (3) an examination of whether satellite- fishing industry, methods and technologies bordering on, the Atlantic Ocean (including based maritime distress and safety systems, that will improve the data collection, qual- the Caribbean Sea), the Pacific Ocean, the or similar requirements would overlap exist- ity, and reporting and increase the sustain- Arctic Ocean, the Gulf of Mexico, Long Is- ing requirements or render them redundant; ability of fishing practices, and to transfer land Sound, or 1 or more of the Great Lakes. (4) an examination of how data integration such methods and technologies among fish- ‘‘(3) REQUIREMENTS.—Joint enforcement from such systems could be addressed; eries sectors and to other nations in the agreements executed under paragraph (1)— (5) an examination of how to maximize the Western, Northern, and Central Pacific; ‘‘(A) shall be consistent with the purposes data-sharing opportunities between relevant ‘‘(E) develop means by which local and tra- and intent of this section to the extent appli- State and Federal agencies and provide spe- ditional knowledge (including Pacific is- cable to the regulated activities; cific information on how to develop these op- lander, Native Hawaiian, and Alaskan Native ‘‘(B) may include specifications for joint portunities, including the provision of direct knowledge) can enhance science-based man- management responsibilities as provided by access to satellite-based maritime distress agement of fishery resources of the region; the first section of Public Law 91–412 (15 and safety system or similar system data to and U.S.C. 1525); and State enforcement officers, while consid- ‘‘(F) develop partnerships with other West- ‘‘(C) shall provide for confidentiality of ering the need to maintain or provide an ap- ern Pacific Island and Alaskan agencies, aca- data and information submitted to the State propriate level of individual vessel confiden- demic institutions, and other entities to under section 402. tiality where practicable; and meet the purposes of this section.’’. ‘‘(4) ALLOCATION OF FUNDS.—The Secretary (6) an assessment of how the satellite- shall include in each joint enforcement based maritime distress and safety system or SEC. 110. SECRETARIAL ACTION ON STATE agreement an allocation of funds to assist in GROUNDFISH FISHING. similar systems could be developed, pur- management of the agreement. The alloca- Section 305 (16 U.S.C. 1855), as amended by chased, and distributed to regulated vessels. tion shall be fairly distributed among all eli- section 109 of this Act, is further amended by gible States participating in cooperative en- SEC. 112. TRANSITION TO SUSTAINABLE FISH- adding at the end thereof the following: forcement agreements under this subsection, ERIES. ‘‘(k) MULTISPECIES GROUNDFISH.— based upon consideration of Federal marine (a) IN GENERAL.—Section 312 (16 U.S.C. ‘‘(1) IN GENERAL.—Within 60 days after the enforcement needs, the specific marine con- 1861a) is amended— date of enactment of the Magnuson-Stevens servation enforcement needs of each partici- (1) by striking ‘‘measures;’’ in subsection Fishery Conservation and Management Re- pating eligible State, and the capacity of the (a)(1)(B) and inserting ‘‘measures, including authorization Act of 2006, the Secretary of State to undertake the marine enforcement regulatory restrictions (including those im- Commerce shall determine whether fishing mission and assist with enforcement needs. posed as a result of judicial action) imposed in State waters— The agreement may provide for amounts to to protect human health or the marine envi- ‘‘(A) without a New England multispecies be withheld by the Secretary for the cost of ronment;’’; groundfish fishery permit on regulated spe- any technical or other assistance provided to (2) by striking ‘‘1996, 1997, 1998, and 1999.’’ cies within the multispecies complex is not the State by the Secretary under the agree- in subsection (a)(4) and inserting ‘‘2007 consistent with the applicable Federal fish- ment. through 2013.’’; ery management plan; or ‘‘(i) IMPROVED DATA SHARING.— (3) by striking ‘‘or the Governor of a State ‘‘(B) without a Federal bottomfish and sea- ‘‘(1) IN GENERAL.—Notwithstanding any for fisheries under State authority, may con- mount groundfish permit in the Hawaiian ar- other provision of this Act, as soon as prac- duct a fishing’’ in subsection (b)(1) and in- chipelago on regulated species within the ticable but no later than 21 months after the serting ‘‘the Governor of a State for fisheries complex is not consistent with the applicable date of enactment of the Magnuson-Stevens under State authority, or a majority of per- Federal fishery management plan or State Fishery Conservation and Management Re- mit holders in the fishery, may conduct a data are not sufficient to make such a deter- authorization Act of 2006, the Secretary shall voluntary fishing’’; mination. implement data-sharing measures to make (4) by inserting ‘‘practicable’’ after ‘‘en- ‘‘(2) CURE.—If the Secretary makes a deter- any data required to be provided by this Act trants,’’ in subsection (b)(1)(B)((i); mination that such actions are not con- from satellite-based maritime distress and (5) by striking ‘‘cost-effective and’’ in sub- sistent with the plan, the Secretary shall, in safety systems, vessel monitoring systems, section (b)(1)(C) and inserting ‘‘cost-effective consultation with the Council, and after no- or similar systems— and, in the instance of a program involving tifying the affected State, develop and im- ‘‘(A) directly accessible by State enforce- an industry fee system, prospectively’’; plement measures to cure the inconsistency ment officers authorized under subsection (a) (6) by striking subparagraph (A) of sub- pursuant to section 306(b).’’. of this section; and section (b)(2) and inserting the following: SEC. 111. JOINT ENFORCEMENT AGREEMENTS. ‘‘(B) available to a State management ‘‘(A) the owner of a fishing vessel, if the (a) IN GENERAL.—Section 311 (16 U.S.C. agency involved in, or affected by, manage- permit authorizing the participation of the 1861) is amended— ment of a fishery if the State has entered vessel in the fishery is surrendered for per- (1) by striking ‘‘and’’ after the semicolon into an agreement with the Secretary under manent revocation and the vessel owner and in subsection (b)(1)(A)(iv); section 402(b)(1)(B) of this Act. permit holder relinquish any claim associ- (2) by inserting ‘‘and’’ after the semicolon ‘‘(2) AGREEMENT REQUIRED.—The Secretary ated with the vessel or permit that could in subsection (b)(1)(A)(v); shall promptly enter into an agreement with qualify such owner or holder for any present (3) by inserting after clause (v) of sub- a State under section 402(b)(1)(B) of this Act or future limited access system permit in the section (b)(1)(A) the following: if— fishery for which the program is established ‘‘(vi) access, directly or indirectly, for en- ‘‘(A) the Attorney General or highest rank- or in any other fishery and such vessel is (i) forcement purposes any data or information ing legal officer of the State provides a writ- scrapped, or (ii) through the Secretary of the required to be provided under this title or ten opinion or certification that State law department in which the Coast Guard is op- regulations under this title, including data allows the State to maintain the confiden- erating, subjected to title restrictions (in- from vessel monitoring systems, satellite- tiality of information required by Federal cluding loss of the vessel’s fisheries endorse- based maritime distress and safety systems, law to be kept confidential; or ment) that permanently prohibit and effec- or any similar system, subject to the con- ‘‘(B) the Secretary is provided other rea- tively prevent its use in fishing in federal or fidentiality provisions of section 402;’’; sonable assurance that the State can and state waters, or fishing on the high seas or in (4) by redesignating subsection (h) as sub- will protect the identity or business of any the waters of a foreign nation; or’’; section (j); and person to which such information relates.’’. (7) by striking ‘‘The Secretary shall con- (5) by inserting after subsection (g) the fol- (b) REPORT.—Within 15 months after the sult, as appropriate, with Councils,’’ in sub- lowing: date of enactment of this Act, the National section (b)(4) and inserting ‘‘The harvester ‘‘(h) JOINT ENFORCEMENT AGREEMENTS.— Marine Fisheries Service and the United proponents of each program and the Sec- ‘‘(1) IN GENERAL.—The Governor of an eligi- States Coast Guard shall transmit a joint re- retary shall consult, as appropriate and prac- ble State may apply to the Secretary for exe- port to the Senate Committee on Commerce, ticable, with Councils,’’;

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.150 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11514 CONGRESSIONAL RECORD — SENATE December 7, 2006 (8) by adding at the end of subsection (b) ‘‘(iv) the requirements of the applicable provide funds or other economic assistance the following: fishery management plan and any amend- to affected entities, or to governmental enti- ‘‘(5) PAYMENT CONDITION.—The Secretary ment that such plan may require to support ties for disbursement to affected entities, may not make a payment under paragraph the proposed program; for— (2) with respect to a vessel that will not be ‘‘(v) the general needs and desires of har- ‘‘(A) meeting immediate regional shoreside scrapped unless the Secretary certifies that vesters in the fishery; fishery infrastructure needs, including proc- the vessel will not be used for fishing in the ‘‘(vi) the need to minimize program costs; essing facilities, cold storage facilities, ice waters of a foreign nation or fishing on the and houses, docks, including temporary docks high seas. ‘‘(vii) other matters, including the manner and storage facilities, and other related ‘‘(6) REPORT.— in which such proponents propose to fund the shoreside fishery support facilities and infra- ‘‘(A) IN GENERAL.—Subject to the avail- program to ensure its cost effectiveness, as structure while ensuring that those projects ability of funds, the Secretary shall, within well as any relevant factors demonstrating will not result in an increase or replacement 12 months after the date of the enactment of the potential for, or necessary to obtain, the of fishing capacity; the Magnuson-Stevens Fishery Conservation support and general cooperation of a sub- ‘‘(B) financial assistance and job training and Management Reauthorization Act of 2006 stantial number of affected harvesters in the assistance for fishermen who wish to remain submit to the Congress a report— fishery (or portion of the fishery) for which in a fishery in the region that may be tempo- ‘‘(i) identifying and describing the 20 fish- the program is intended; and rarily closed as a result of environmental or eries in United States waters with the most ‘‘(B) proposes procedures for program par- other effects associated with the disaster; severe examples of excess harvesting capac- ticipation (such as submission of owner bids ‘‘(C) funding, pursuant to the requirements ity in the fisheries, based on value of each under an auction system or fair market- of section 312(b), to fishermen who are will- fishery and the amount of excess harvesting value assessment), including any terms and ing to scrap a fishing vessel and permanently capacity as determined by the Secretary; conditions for participation, that the har- surrender permits for fisheries named on ‘‘(ii) recommending measures for reducing vester proponents deem to be reasonably that vessel; and such excess harvesting capacity, including necessary to meet the program’s proposed ‘‘(D) any other activities authorized under the retirement of any latent fishing permits objectives. section 312 of this Act or section 308(d) of the that could contribute to further excess har- ‘‘(4) PARTICIPATION CONTRACTS.—The Sec- Interjurisdictional Fisheries Act of 1986 (16 vesting capacity in those fisheries; and retary shall contract with each person par- U.S.C. 4107(d)). ‘‘(iii) potential sources of funding for such ticipating in a program, and each such con- ‘‘(2) JOB TRAINING.—Any fisherman who de- measures. tract shall, in addition to including such cides to scrap a fishing vessel under the pro- ‘‘(B) BASIS FOR RECOMMENDATIONS.—The other matters as the Secretary deems nec- gram shall be eligible for job training assist- Secretary shall base the recommendations essary and appropriate to effectively imple- ance. made with respect to a fishery on— ment each program (including penalties for ‘‘(3) STATE PARTICIPATION OBLIGATION.—The ‘‘(i) the most cost effective means of contract non-performance) be consistent participation by a State in the program shall achieving voluntary reduction in capacity with the framework and implementing regu- be conditioned upon a commitment by the for the fishery using the potential for indus- lations and all other applicable law. appropriate State entity to ensure that the try financing; and ‘‘(5) REDUCTION AUCTIONS.—Each program relevant State fishery meets the require- ‘‘(ii) including measures to prevent the ca- not involving fair market assessment shall ments of section 312(b) of this Act to ensure pacity that is being removed from the fish- involve a reduction auction that scores the excess capacity does not re-enter the fishery. ery from moving to other fisheries in the reduction price of each bid offer by the data ‘‘(4) NO MATCHING REQUIRED.—The Sec- United States, in the waters of a foreign na- relevant to each bidder under an appropriate retary may waive the matching require- tion, or on the high seas.’’; fisheries productivity factor. If the Sec- ments of section 312 of this Act, section 308 (9) by striking ‘‘Secretary, at the request retary accepts bids, the Secretary shall ac- of the Interjurisdictional Fisheries Act of of the appropriate Council,’’ in subsection cept responsive bids in the rank order of 1986 (16 U.S.C. 4107), and any other provision (d)(1)(A) and inserting ‘‘Secretary’’; their bid scores, starting with the bid whose of law under which the Federal share of the (10) by striking ‘‘Secretary, in consultation reduction price is the lowest percentage of cost of any activity is limited to less than with the Council,’’ in subsection (d)(1)(A) and the productivity factor, and successively ac- 100 percent if the Secretary determines inserting ‘‘Secretary’’; cepting each additional responsive bid in that— (11) by striking ‘‘a two-thirds majority of rank order until either there are no more re- ‘‘(A) no reasonable means are available the participants voting.’’ in subsection sponsive bids or acceptance of the next bid through which applicants can meet the (d)(1)(B) and inserting ‘‘at least a majority of would cause the total value of bids accepted matching requirement; and the permit holders in the fishery, or 50 per- to exceed the amount of funds available for ‘‘(B) the probable benefit of 100 percent cent of the permitted allocation of the fish- the program. Federal financing outweighs the public in- ery, who participated in the fishery.’’; ‘‘(6) BID INVITATIONS.—Each program shall terest in imposition of the matching require- (12) by striking ‘‘establish;’’ in subsection proceed by the Secretary issuing invitations ment. (d)(2)((C) and inserting ‘‘establish, unless the to bid setting out the terms and conditions ‘‘(5) NET REVENUE LIMIT INAPPLICABLE.— Secretary determines that such fees should for participation consistent with the frame- Section 308(d)(3) of the Interjurisdictional be collected from the seller;’’ and work and implementing regulations. Each Fisheries Act (16 U.S.C. 4107(d)(3)) shall not (13) striking subsection (e) and inserting bid that the Secretary receives in response apply to assistance under this section. to the invitation to bid shall constitute an the following: ‘‘(c) REGIONAL IMPACT EVALUATION.—With- ‘‘(e) IMPLEMENTATION PLAN.— irrevocable offer from the bidder.’’. in 2 months after a catastrophic regional (b) TECHNICAL AMENDMENT.—Sections 116, ‘‘(1) FRAMEWORK REGULATIONS.—The Sec- fishery disaster the Secretary shall provide retary shall propose and adopt framework 203, 204, 205, and 206 of the Sustainable Fish- eries Act are deemed to have added sections the Governor of each State participating in regulations applicable to the implementa- the program a comprehensive economic and tion of all programs under this section. 312, 402, 403, 404, and 405, respectively to the Act as of the date of enactment of the Sus- socio-economic evaluation of the affected re- ‘‘(2) PROGRAM REGULATIONS.—The Sec- gion’s fisheries to assist the Governor in as- retary shall implement each program under tainable Fisheries Act. SEC. 113. REGIONAL COASTAL DISASTER ASSIST- sessing the current and future economic via- this section by promulgating regulations bility of affected fisheries, including the eco- that, together with the framework regula- ANCE, TRANSITION, AND RECOVERY PROGRAM. nomic impact of foreign fish imports and the tions, establish each program and control its (a) IN GENERAL.—Title III (16 U.S.C. 1851 et direct, indirect, or environmental impact of implementation. seq.) is amended by adding at the end the fol- the disaster on the fishery and coastal com- ‘‘(3) HARVESTER PROPONENTS’ IMPLEMENTA- lowing: munities. TION PLAN.—The Secretary may not propose ‘‘SEC. 315. REGIONAL COASTAL DISASTER ASSIST- ‘‘(c) CATASTROPHIC REGIONAL FISHERY DIS- implementation regulations for a program to ANCE, TRANSITION, AND RECOVERY be paid for by an industry fee system until PROGRAM. ASTER DEFINED.—In this section the term the harvester proponents of the program pro- ‘‘(a) IN GENERAL.—When there is a cata- ‘catastrophic regional fishery disaster’ vide to the Secretary a proposed implemen- strophic regional fishery disaster the Sec- means a natural disaster, including a hurri- tation plan that, among other matters— retary may, upon the request of, and in con- cane or tsunami, or a regulatory closure (in- ‘‘(A) proposes the types and numbers of sultation with, the Governors of affected cluding regulatory closures resulting from vessels or permits that are eligible to par- States, establish a regional economic transi- judicial action) to protect human health or ticipate in the program and the manner in tion program to provide immediate disaster the marine environment, that— which the program shall proceed, taking into relief assistance to the fishermen, charter ‘‘(1) results in economic losses to coastal account— fishing operators, United States fish proc- or fishing communities; ‘‘(i) the requirements of this section; essors, and owners of related fishery infra- ‘‘(2) affects more than 1 State or a major ‘‘(ii) the requirements of the framework structure affected by the disaster. fishery managed by a Council or interstate regulations; ‘‘(b) PROGRAM COMPONENTS.— fishery commission; and ‘‘(iii) the characteristics of the fishery and ‘‘(1) IN GENERAL.—Subject to the avail- ‘‘(3) is determined by the Secretary to be a affected fishing communities; ability of appropriations, the program shall commercial fishery failure under section

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.150 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11515 312(a) of this Act or a fishery resource dis- (2) cancel the amount of debt equal to 100 SEC. 116. BYCATCH REDUCTION ENGINEERING aster or section 308(d) of the Interjurisdic- hundred percent of actual expenditures on el- PROGRAM. tional Fisheries Act of 1986 (16 U.S.C. igible repairs, reinvestment, expansion, or (a) IN GENERAL.—Title III (16 U.S.C. 1851 et 4107(d)).’’. new investment in fisheries infrastructure in seq.), as amended by section 113 of this Act, (b) SALMON PLAN AND STUDY.— the disaster region, or repairs to, or replace- is further amended by adding at the end the (1) RECOVERY PLAN.—Not later than 6 ment of, eligible fishing vessels. following: months after the date of enactment of this (c) DEFINITIONS.—In this section: ‘‘SEC. 316. BYCATCH REDUCTION ENGINEERING Act, the Secretary of Commerce shall com- (1) DECLARED FISHERIES DISASTER AREA.— PROGRAM. plete a recovery plan for Klamath River The term ‘‘declared fisheries disaster area’’ ‘‘(a) BYCATCH REDUCTION ENGINEERING PRO- Coho salmon and make it available to the means fisheries located in the major disaster GRAM.—Not later than 1 year after the date public. area designated by the President under the of enactment of the Magnuson-Stevens Fish- (2) ANNUAL REPORT.—Not later than 2 years Robert T. Stafford Disaster Relief and Emer- ery Conservation and Management Reau- after the date of enactment of this Act, and gency Assistance Act (42 U.S.C. 5121 et seq.) thorization Act of 2006, the Secretary, in co- annually thereafter, the Secretary of Com- as a result of Hurricane Katrina or Hurri- operation with the Councils and other af- merce shall submit a report to the Senate cane Rita. fected interests, and based upon the best sci- Committee on Commerce, Science, and (2) ELIGIBLE HOLDER.—The term ‘‘eligible entific information available, shall establish Transportation and the House of Representa- holder’’ means the holder of a fishery finance a bycatch reduction program, including tives Committee on Resources on— program loan if— grants, to develop technological devices and (A) the actions taken under the recovery (A) that loan is used to guarantee or fi- other conservation engineering changes de- plan and other law relating to recovery of nance any fishing vessel or fish processing signed to minimize bycatch, seabird inter- Klamath River Coho salmon, and how those facility home-ported or located within the actions, bycatch mortality, and post-release actions are specifically contributing to its declared fisheries disaster area; and mortality in Federally managed fisheries. recovery; (B) the holder makes expenditures to re- The program shall— (B) the progress made on the restoration of pair or replace such covered vessels or facili- ‘‘(1) be regionally based; salmon spawning habitat, including water ties, or invests in new fisheries infrastruc- ‘‘(2) be coordinated with projects con- conditions as they relate to salmon health ture within or for use within the declared ducted under the cooperative research and and recovery, with emphasis on the Klamath fisheries disaster area, to restore such facili- management program established under this River and its tributaries below Iron Gate ties following the disaster. Act; Dam; (3) FISHERY FINANCE PROGRAM LOAN.—The ‘‘(3) provide information and outreach to (C) the status of other Klamath River term ‘‘fishery finance program loan’’ means fishery participants that will encourage anadromous fish populations, particularly a loan made or guaranteed under the fishery adoption and use of technologies developed Chinook salmon; and finance program under chapter 537 of title 46, under the program; and (D) the actions taken by the Secretary to United States Code. ‘‘(4) provide for routine consultation with address the calendar year 2003 National Re- (d) AUTHORIZATION OF APPROPRIATIONS.— the Councils in order to maximize opportuni- search Council recommendations regarding There are authorized to be appropriated to ties to incorporate results of the program in monitoring and research on Klamath River the Secretary of Commerce for the purposes Council actions and provide incentives for Basin salmon stocks. of this section not more than $15,000,000 for adoption of methods developed under the (c) OREGON AND CALIFORNIA SALMON FISH- each eligible holder for the period beginning program in fishery management plans devel- ERY.—Federally recognized Indian tribes and with fiscal year 2007 through fiscal year 2013. oped by the Councils. small businesses, including fishermen, fish SEC. 115. FISHERIES HURRICANE ASSISTANCE ‘‘(b) INCENTIVES.—Any fishery management processors, and related businesses serving PROGRAM. plan prepared by a Council or by the Sec- the fishing industry, adversely affected by (a) IN GENERAL.—The Secretary of Com- retary may establish a system of incentives Federal closures and fishing restrictions in merce shall establish an assistance program to reduce total bycatch and seabird inter- the Oregon and California 2006 fall Chinook for the Gulf of Mexico commercial and rec- actions, amounts, bycatch rates, and post-re- salmon fishery are eligible to receive direct reational fishing industry. lease mortality in fisheries under the Coun- (b) ALLOCATION OF FUNDS.—Under the pro- assistance under section 312(a) of the Magnu- cil’s or Secretary’s jurisdiction, including— gram, the Secretary shall allocate funds ap- son-Stevens Fishery Conservation and Man- ‘‘(1) measures to incorporate bycatch into agement Act (16 U.S.C. 1861a(a)) and section propriated to carry out the program among quotas, including the establishment of col- 308(d) of the Interjurisdictional Fisheries Act the States of Alabama, Louisiana, Florida, lective or individual bycatch quotas; of 1986 (16 U.S.C. 4107(d)). The Secretary may Mississippi, and Texas in proportion to the ‘‘(2) measures to promote the use of gear use no more than 4 percent of any monetary percentage of the fishery (including craw- with verifiable and monitored low bycatch assistance to pay for administrative costs. fish) catch landed by each State before Au- and seabird interactions, rates; and SEC. 114. FISHERY FINANCE PROGRAM HURRI- gust 29, 2005, except that the amount allo- CANE ASSISTANCE. cated to Florida shall be based exclusively ‘‘(3) measures that, based on the best scientific information available, will reduce by- (a) LOAN ASSISTANCE.—Subject to avail- on the proportion of such catch landed by ability of appropriations, the Secretary of the Florida Gulf Coast fishery. catch and seabird interactions, bycatch mor- Commerce shall provide assistance to eligi- (c) USE OF FUNDS.—Of the amounts made tality, post-release mortality, or regulatory ble holders of fishery finance program loans available to each State under the program— discards in the fishery. and allocate such assistance among eligible (1) 2 percent shall be retained by the State ‘‘(c) COORDINATION ON SEABIRD INTER- holders based upon their outstanding prin- to be used for the distribution of additional ACTIONS.—The Secretary, in coordination cipal balances as of December 2, 2005, for any payments to fishermen with a demonstrated with the Secretary of Interior, is authorized of the following purposes: record of compliance with turtle excluder to undertake projects in cooperation with in- (1) To defer principal payments on the debt and bycatch reduction device regulations; dustry to improve information and tech- for 1 year and re-amortize the debt over the and nology to reduce seabird bycatch, includ- remaining term of the loan. (2) the remainder of the amounts shall be ing— (2) To allow for an extension of the term of used for— ‘‘(1) outreach to industry on new tech- the loan for up to 1 year beyond the remain- (A) personal assistance, with priority given nologies and methods; ing term of the loan, or September 30, 2013, to food, energy needs, housing assistance, ‘‘(2) projects to mitigate for seabird mor- whichever is later. transportation fuel, and other urgent needs; tality; and (3) To pay the interest costs for such loans (B) assistance for small businesses, includ- ‘‘(3) actions at appropriate international over fiscal years 2007 through 2013, not to ex- ing fishermen, fish processors, and related fishery organizations to reduce seabird inter- ceed amounts authorized under subsection businesses serving the fishing industry; actions in fisheries. (d). (C) domestic product marketing and sea- ‘‘(d) REPORT.—The Secretary shall trans- (4) To provide opportunities for loan for- food promotion; mit an annual report to the Senate Com- giveness, as specified in subsection (c). (D) State seafood testing programs; mittee on Commerce, Science, and Transpor- (b) LOAN FORGIVENESS.—Upon application (E) the development of limited entry pro- tation and the House of Representatives made by an eligible holder of a fishery fi- grams for the fishery; Committee on Resources that— nance program loan, made at such time, in (F) funding or other incentives to ensure ‘‘(1) describes funding provided to imple- such manner, and containing such informa- widespread and proper use of turtle excluder ment this section; tion as the Secretary may require, the Sec- devices and bycatch reduction devices in the ‘‘(2) describes developments in gear tech- retary, on a calendar year basis beginning in fishery; and nology achieved under this section; and 2005, may, with respect to uninsured losses— (G) voluntary capacity reduction programs ‘‘(3) describes improvements and reduction (1) offset against the outstanding balance for shrimp fisheries under limited access pro- in bycatch and seabird interactions associ- on the loan an amount equal to the sum of grams. ated with implementing this section, as well the amounts expended by the holder during (d) AUTHORIZATION OF APPROPRIATIONS.— as proposals to address remaining bycatch or the calendar year to repair or replace cov- There are authorized to be appropriated to seabird interaction problems.’’. ered vessels or facilities, or to invest in new the Secretary of Commerce $17,500,000 for (b) CDQ BYCATCH LIMITATIONS.— fisheries infrastructure within or for use each of fiscal years 2007 through 2012 to carry (1) IN GENERAL.—Section 305(i) (16 U.S.C. within the declared fisheries disaster area; or out this section. 1855(i)) is amended—

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.150 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11516 CONGRESSIONAL RECORD — SENATE December 7, 2006 (A) by striking ‘‘directed fishing alloca- ‘‘(Q) to import, export, transport, sell, re- conducted under Alaska law by the South- tion’’ and all that follows in paragraph ceive, acquire, or purchase in interstate or east Revitalization Association. (1)(B)(ii)(I), and inserting ‘‘total allocation foreign commerce any fish taken, possessed, ‘‘(2) TREATMENT UNDER CHAPTER 577 OF (directed and nontarget combined) of 10.7 transported, or sold in violation of any for- TITLE 46.—For purposes of section 57735 of percent effective January 1, 2008; and’’; eign law or regulation; or title 46, United States Code, the program (B) by striking ‘‘directed fishing allocation ‘‘(R) to use any fishing vessel to engage in shall be considered to be a program estab- of 10 percent.’’ in paragraph (1)(B)(ii)(II) and fishing in Federal or State waters, or on the lished under section 312 of the Magnuson- inserting ‘‘total allocation (directed and high seas or in the waters of another coun- Stevens Fishery Conservation and Manage- nontarget combined) of 10.7 percent.’’; try, after the Secretary has made a payment ment Act (16 U.S.C. 1861a). (C) by inserting after paragraph (1)(B)(ii) to the owner of that fishing vessel under sec- ‘‘(3) APPLICATION OF MAGNUSON-STEVENS the following: tion 312(b)(2).’’. ACT.—Notwithstanding paragraph (2), the ‘‘The total allocation (directed and nontar- SEC. 119. SHARK FEEDING. program shall not be subject to section 312 of get combined) for a fishery to which sub- Title III (16 U.S.C. 1851 et seq.), as amended the Magnuson-Stevens Fishery Conservation clause (I) or (II) applies may not be exceed- by section 116 of this Act, is further amended and Management Act (16 U.S.C. 1861a), ex- ed.’’; and by adding at the end the following: cept for subsections (b)(1)(C) and (d) of that (D) by inserting ‘‘Voluntary transfers by ‘‘SEC. 317. SHARK FEEDING. section. and among eligible entities shall be allowed, ‘‘Except to the extent determined by the ‘‘(c) SOUTHEAST ALASKA FISHERIES PRO- GRAM APPROVAL AND REFERENDUM.— whether before or after harvesting. Notwith- Secretary, or under State law, as presenting ‘‘(1) IN GENERAL.—The Secretary of Com- standing the first sentence of this subpara- no public health hazard or safety risk, or merce may approve a capacity reduction graph, seven-tenths of one percent of the when conducted as part of a research pro- plan submitted by the Southeast Revitaliza- total allowable catch, guideline harvest gram funded in whole or in part by appro- tion Association under subsection (b). level, or other annual catch limit, within the priated funds, it is unlawful to introduce, or ‘‘(2) REFERENDUM.—The Secretary shall amount allocated to the program by sub- attempt to introduce, food or any other sub- conduct an industry fee system referendum clause (I) or subclause (II) of subparagraph stance into the water to attract sharks for for the buyback under the program in ac- (B)(ii), shall be allocated among the eligible any purpose other than to harvest sharks cordance with section 312(d)(1) of the Magnu- entities by the panel established in subpara- within the Exclusive Economic Zone seaward son-Stevens Fishery Conservation and Man- graph (G), or allocated by the Secretary of the State of Hawaii and of the Common- agement Act (16 U.S.C. 1861a), except that— based on the nontarget needs of eligible enti- wealths, territories, and possessions of the ‘‘(A) no Council request and no consulta- ties in the absence of a panel decision.’’ after United States in the Pacific Ocean Area.’’. tion shall be required; and ‘‘2006.’’ in paragraph (1)(C) . SEC. 120. CLARIFICATION OF FLEXIBILITY. ‘‘(B) the fee shall not exceed 3 percent of (2) EFFECTIVE DATE.—The allocation per- (a) IN GENERAL.—The Secretary of Com- the annual ex-vessel value of all salmon har- centage in subclause (I) of section merce has the discretion under the Magnu- vested in the southeast Alaska purse seine 305(i)(1)(B)(ii) of the Magnuson-Stevens Fish- son-Stevens Fishery Conservation and Man- fishery. ery Conservation and Management Act (16 agement Act (16 U.S.C. 1851 et seq.) to extend ‘‘(d) DISBURSAL OF LOAN PROCEEDS.—If the U.S.C. 1855(i)(1)(B)(ii)), as amended by para- the time for rebuilding the summer flounder industry fee system is approved as provided graph (1) of this subsection, shall be in effect fishery to not later than January 1, 2013, in section 312(d)(1)(B) of that Act (16 U.S.C. in 2007 with respect to any sector of a fishery only if— 1861a(d)(1)(B)), the Secretary shall disburse to which such subclause applies and in which (1) the Secretary has determined that— the loan in the form of reduction payments a fishing cooperative is established in 2007, (A) overfishing is not occurring in the fish- to participants in such amounts as the and such sector’s 2007 allocation shall be re- ery and that a mechanism is in place to en- Southeast Revitalization Association cer- duced by a pro rata amount to accomplish sure overfishing does not occur in the fish- tifies to have been accepted under Alaska such increased allocation to the program. ery; and law for reduction payments. The Secretary For purposes of section 305(i)(1) of that Act (B) stock biomass levels are increasing; shall thereafter administer the fee system in and of this subsection, the term ‘‘fishing co- (2) the biomass rebuilding target pre- accordance with section 312(d)(2) of that Act operative’’ means a fishing cooperative viously applicable to such stock will be met (16 U.S.C. 1861a(d)(2)), and any person paying whether or not authorized by a fishery man- or exceeded within the new time for rebuild- or collecting the fee shall make such pay- agement council or Federal agency, if a ma- ing; ments or collection such fees in accordance jority of the participants in the sector are (3) the extension period is based on the sta- with the requirements of that Act (16 U.S.C. participants in the fishing cooperative. tus and biology of the stock and the rate of 1801 et seq.)’’. SEC. 117. COMMUNITY-BASED RESTORATION PRO- rebuilding; SEC. 122. CONVERSION TO CATCHER/PROCESSOR GRAM FOR FISHERY AND COASTAL (4) monitoring will ensure rebuilding con- SHARES. HABITATS. tinues; (a) IN GENERAL.— (a) IN GENERAL.—The Secretary of Com- (5) the extension meets the requirements of (1) AMENDMENT OF PLAN.—Not later than 90 merce shall establish a community-based section 301(a)(1) of that Act (16 U.S.C. days after the date of enactment of this Act, fishery and coastal habitat restoration pro- 1851(a)(1)); and the Secretary of Commerce shall amend the gram to implement and support the restora- (6) the best scientific information available fishery management plan for the Bering Sea/ tion of fishery and coastal habitats. shows that the extension will allow contin- Aleutian Islands King and Tanner Crabs for (b) AUTHORIZED ACTIVITIES.—In carrying ued rebuilding. the Northern Region (as that term is used in out the program, the Secretary may— (b) AUTHORITY.—Nothing in this section the plan) to authorize— (1) provide funding and technical expertise shall be construed to amend the Magnuson- (A) an eligible entity holding processor to fishery and coastal communities to assist Stevens Fishery Conservation and Manage- quota shares to elect on an annual basis to them in restoring fishery and coastal habi- ment Act (16 U.S.C. 1851 et seq.) or to limit work together with other entities holding tat; or otherwise alter the authority of the Sec- processor quota shares and affiliated with (2) advance the science and monitoring of retary under that Act concerning other spe- such eligible entity through common owner- coastal habitat restoration; cies. ship to combine any catcher vessel quota (3) transfer restoration technologies to the SEC. 121. SOUTHEAST ALASKA FISHERIES COM- shares for the Northern Region with their private sector, the public, and other govern- MUNITIES CAPACITY REDUCTION. processor quota shares and to exchange them mental agencies; Section 209 of the Department of Com- for newly created catcher/processor owner (4) develop public-private partnerships to merce and Related Agencies Appropriations quota shares for the Northern Region; and accomplish sound coastal restoration Act, 2005 (Pub. L. 108–447; 118 Stat. 2884) is (B) an eligible entity holding catcher ves- projects; amended— sel quota shares to elect on an annual basis (5) promote significant community support (1) by inserting ‘‘(a) IN GENERAL.—’’ after to work together with other entities holding and volunteer participation in fishery and ‘‘SEC. 209.’’; catcher vessel quota shares and affiliated coastal habitat restoration; (2) by striking ‘‘is authorized to’’ in the with such eligible entity through common (6) promote stewardship of fishery and first sentence and inserting ‘‘shall’’; ownership to combine any processor quota coastal habitats; and (3) by striking ‘‘$50,000,000’’ and all that shares for the Northern Region with their (7) leverage resources through national, re- follows in the first sentence and inserting catcher vessel quota shares and to exchange gional, and local public-private partnerships. ‘‘up to $25,000,000 pursuant to section 57735 of them for newly created catcher/processor SEC. 118. PROHIBITED ACTS. title 46, United States Code.’’; owner quota shares for the Northern Region. Section 307(1) (16 U.S.C. 1857(1)) is amend- (4) by striking the third sentence and in- (2) ELIGIBILITY AND LIMITATIONS.— ed— serting: ‘‘The loan shall have a term of 40 (A) The authority provided in paragraph (1) by striking ‘‘or’’ after the semicolon in years.’’; and (1)(A) shall— subparagraph (O); (5) by adding at the end the following: (i)(I) apply only to an entity which was ini- (2) by striking ‘‘carcass.’’ in subparagraph ‘‘(b) SOUTHEAST ALASKA FISHERIES PRO- tially awarded both catcher/processor owner (P) and inserting ‘‘carcass;’’; and GRAM.— quota shares, and processor quota shares (3) by inserting after subparagraph (P) and ‘‘(1) CONDUCT OF PROGRAM BY RSA.—The under the plan (in combination with the before the last sentence the following: program described in subsection (a) shall be processor quota shares of its commonly

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.150 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11517 owned affiliates) of less than 7 percent of the vessel that receives, purchases, or arranges ‘‘(v) an independent committee composed Bering Sea/Aleutian Island processor quota to purchase unprocessed crab, that is located of recreational fishermen, academics, per- shares; or on shore or moored within the harbor. sons with expertise in stock assessments and (II) apply only to an entity which was ini- TITLE II—INFORMATION AND RESEARCH survey design, and appropriate personnel tially awarded both catcher/processor owner SEC. 201. RECREATIONAL FISHERIES INFORMA- from the National Marine Fisheries Service quota shares under the plan and processor TION. to review the collection estimates, geo- quota shares under section 417(a) of the Section 401 (16 U.S.C. 1881) is amended by graphic, and other variables related to dock- Coast Guard and Maritime Transportation striking subsection (g) and inserting the fol- side intercepts and to identify deficiencies in Act of 2006 (Public Law 109–241; 120 Stat. 546); lowing: recreational data collection, and possible (ii) be limited to processor quota shares ‘‘(g) RECREATIONAL FISHERIES.— correction measures. initially awarded to such entities and their ‘‘(1) FEDERAL PROGRAM.—The Secretary ‘‘(D) DEADLINE.—The Secretary shall com- commonly owned affiliates under the plan or shall establish and implement a regionally plete the program under this paragraph and section 417(a) of that Act; and based registry program for recreational fish- implement the improved Marine Rec- (iii) shall not exceed 1 million pounds per ermen in each of the 8 fishery management reational Fishery Statistics Survey not later entity during any calendar year. regions. The program, which shall not re- than January 1, 2009. (B) The authority provided in paragraph quire a fee before January 1, 2011, shall pro- ‘‘(4) REPORT.—Within 24 months after es- (1)(B) shall— vide for— tablishment of the program, the Secretary (i) apply only to an entity which was ini- ‘‘(A) the registration (including identifica- shall submit a report to Congress that de- tially awarded both catcher/processor owner tion and contact information) of individuals scribes the progress made toward achieving quota shares, and processor quota shares who engage in recreational fishing— the goals and objectives of the program.’’. under the plan (in combination with the ‘‘(i) in the Exclusive Economic Zone; SEC. 202. COLLECTION OF INFORMATION. processor quota shares of its commonly ‘‘(ii) for anadromous species; or Section 402(a) (16 U.S.C. 1881a(a)) is amend- owned affiliates) of more than 7 percent of ‘‘(iii) for Continental Shelf fishery reed— the Bering Sea/Aleutian Island processor sources beyond the Exclusive Economic (1) by striking ‘‘(a) COUNCIL REQUESTS.—’’ quota shares; Zone; and in the subsection heading and inserting ‘‘(a) (ii) be limited to catcher vessel quota ‘‘(B) if appropriate, the registration (in- COLLECTION PROGRAMS.—’’; shares initially awarded to such entity and cluding the ownership, operator, and identi- (2) by resetting the text following ‘‘(a) COL- its commonly owned affiliates; and fication of the vessel) of vessels used in such LECTION PROGRAMS.—’’ as a new paragraph 2 (iii) shall not exceed 1 million pounds per fishing. ems from the left margin; ‘‘(2) STATE PROGRAMS.—The Secretary shall entity during any calendar year. (3) by inserting ‘‘(1) COUNCIL REQUESTS.—’’ (3) EXCHANGE RATE.—The entities referred exempt from registration under the program before ‘‘If a Council’’; to in paragraph (1) shall receive under the recreational fishermen and charter fishing (4) by striking ‘‘subsection’’ in the last amendment 1 unit of newly created catcher/ vessels licensed, permitted, or registered sentence and inserting ‘‘paragraph’’; under the laws of a State if the Secretary de- processor owner quota shares in exchange for (5) by striking ‘‘(other than information termines that information from the State 1 unit of catcher vessel owner quota shares that would disclose proprietary or confiden- program is suitable for the Secretary’s use and 0.9 units of processor quota shares. tial commercial or financial information re- or is used to assist in completing marine rec- (4) AREA OF VALIDITY.—Each unit of newly garding fishing operations or fish processing reational fisheries statistical surveys, or created catcher/processor owner quota shares operations)’’ each place it appears; and evaluating the effects of proposed conserva- under this subsection shall only be valid for (6) by adding at the end the following: tion and management measures for marine the Northern Region. ‘‘(2) SECRETARIAL INITIATION.—If the Sec- recreational fisheries. (b) FEES.— retary determines that additional informa- ‘‘(3) DATA COLLECTION.— (1) LOCAL FEES.—The holder of the newly tion is necessary for developing, imple- ‘‘(A) IMPROVEMENT OF THE MARINE REC- created catcher/processor owner quota shares menting, revising, or monitoring a fishery REATIONAL FISHERY STATISTICS SURVEY.— under subsection (a) shall pay a fee of 5 per- management plan, or for determining wheth- cent of the ex-vessel value of the crab har- Within 24 months after the date of enactment of the Magnuson-Stevens Fishery Con- er a fishery is in need of management, the vested pursuant to those shares to any local Secretary may, by regulation, implement an governmental entities in the Northern Re- servation and Management Reauthorization Act of 2006, the Secretary, in consultation information collection or observer program gion if the processor quota shares used to requiring submission of such additional in- produce those newly created catcher/proc- with representatives of the recreational fishing industry and experts in statistics, tech- formation for the fishery.’’. essor owner quota shares were originally de- SEC. 203. ACCESS TO CERTAIN INFORMATION. rived from the processing activities that oc- nology, and other appropriate fields, shall establish a program to improve the quality and (a) IN GENERAL.—Section 402(b) (16 U.S.C. curred in a community under the jurisdic- 1881a(b)) is amended— tion of those local governmental entities. accuracy of information generated by the Marine Recreational Fishery Statistics Sur- (1) by redesignating paragraph (2) as para- (2) STATE FEE.—The State of Alaska may vey, with a goal of achieving acceptable ac- graph (3) and resetting it 2 ems from the left collect from the holder of the newly created curacy and utility for each individual fish- margin; catcher/processor owner quota shares under ery. (2) by striking all preceding paragraph (3), subsection (a) a fee of 1 percent of the ex-ves- ‘‘(B) NRC REPORT RECOMMENDATIONS.—The as redesignated, and inserting the following: sel value of the crab harvested pursuant to program shall take into consideration and, ‘‘(b) CONFIDENTIALITY OF INFORMATION.— those shares. to the extent feasible, implement the rec- ‘‘(1) Any information submitted to the Sec- (c) OFF-LOADING REQUIREMENT.—Crab har- retary, a State fishery management agency, vested pursuant to catcher/processor owner ommendations of the National Research or a marine fisheries commission by any per- quota shares created under this subsection Council in its report Review of Recreational son in compliance with the requirements of shall be off-loaded in those communities re- Fisheries Survey Methods (2006), including— this Act shall be confidential and shall not ceiving the local governmental entities fee ‘‘(i) redesigning the Survey to improve the revenue set forth in subsection (b)(1). effectiveness and appropriateness of sam- be disclosed except— (d) PERIODIC COUNCIL REVIEW.—As part of pling and estimation procedures, its applica- ‘‘(A) to Federal employees and Council em- its periodic review of the plan, the North Pa- bility to various kinds of management deci- ployees who are responsible for fishery man- cific Fishery Management Council may re- sions, and its usefulness for social and eco- agement plan development, monitoring, or view the effect, if any, of this subsection nomic analyses; and enforcement; upon communities in the Northern Region. If ‘‘(ii) providing for ongoing technical eval- ‘‘(B) to State or Marine Fisheries Commis- the Council determines that this section ad- uation and modification as needed to meet sion employees as necessary to further the versely affects the communities, the Council emerging management needs. Department’s mission, subject to a confiden- may recommend to the Secretary of Com- ‘‘(C) METHODOLOGY.—Unless the Secretary tiality agreement that prohibits public dis- merce, and the Secretary may approve, such determines that alternate methods will closure of the identity of business of any per- changes to the plan as are necessary to miti- achieve this goal more efficiently and effec- son; gate those adverse effects. tively, the program shall, to the extent pos- ‘‘(C) to State employees who are respon- (e) USE CAPS.— sible, include— sible for fishery management plan enforce- (1) IN GENERAL.—Notwithstanding sections ‘‘(i) an adequate number of intercepts to ment, if the States employing those employ- 680.42(b)(ii)(2) and 680.7(a)(ii)(7) of title 50, accurately estimate recreational catch and ees have entered into a fishery enforcement Code of Federal Regulations, custom proc- effort; agreement with the Secretary and the agree- essing arrangements shall not count against ‘‘(ii) use of surveys that target anglers reg- ment is in effect; any use cap for the processing of opilio crab istered or licensed at the State or Federal ‘‘(D) when required by court order; in the Northern Region so long as such crab level to collect participation and effort data; ‘‘(E) when such information is used by is processed in the Northern Region by a ‘‘(iii) collection and analysis of vessel trip State, Council, or Marine Fisheries Commis- shore-based crab processor. report data from charter fishing vessels; sion employees to verify catch under a lim- (2) SHORE-BASED CRAB PROCESSOR DE- ‘‘(iv) development of a weather corrective ited access program, but only to the extent FINED.—In this paragraph, the term ‘‘shore- factor that can be applied to recreational that such use is consistent with subpara- based crab processor’’ means any person or catch and effort estimates; and graph (B);

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.150 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11518 CONGRESSIONAL RECORD — SENATE December 7, 2006 ‘‘(F) when the Secretary has obtained writ- by the Councils, and shall give priority to (2) by striking ‘‘not less than three and not ten authorization from the person submit- the following projects: more than five’’ in paragraph (1); and ting such information to release such infor- ‘‘(1) Projects to collect data to improve, (3) by striking paragraph (6) and inserting mation to persons for reasons not otherwise supplement, or enhance stock assessments, the following: provided for in this subsection, and such re- including the use of fishing vessels or acous- ‘‘(6) In this subsection the term ‘Western lease does not violate other requirements of tic or other marine technology. Pacific community’ means a community eli- this Act; ‘‘(2) Projects to assess the amount and gible to participate under section ‘‘(G) when such information is required to type of bycatch or post-release mortality oc- 305(i)(2)(B)(i) through (iv) of the Magnuson- be submitted to the Secretary for any deter- curring in a fishery. Stevens Fishery Conservation and Manage- mination under a limited access program; or ‘‘(3) Conservation engineering projects de- ment Act (16 U.S.C. 1855(i)(2)(B)(i) through ‘‘(H) in support of homeland and national signed to reduce bycatch, including avoid- (iv)).’’. security activities, including the Coast ance of post-release mortality, reduction of SEC. 208. FISHERIES CONSERVATION AND MAN- Guard’s homeland security missions as de- bycatch in high seas fisheries, and transfer AGEMENT FUND. fined in section 888(a)(2) of the Homeland Se- of such fishing technologies to other nations. (a) IN GENERAL.—The Secretary shall es- curity Act of 2002 (6 U.S.C. 468(a)(2)). ‘‘(4) Projects for the identification of habi- tablish and maintain a fund, to be known as ‘‘(2) Any observer information shall be con- tat areas of particular concern and for habi- the ‘‘Fisheries Conservation and Manage- fidential and shall not be disclosed, except in tat conservation. ment Fund’’, which shall consist of amounts accordance with the requirements of sub- ‘‘(5) Projects designed to collect and com- retained and deposited into the Fund under paragraphs (A) through (H) of paragraph (1), pile economic and social data. subsection (c). or— ‘‘(d) EXPERIMENTAL PERMITTING PROCESS.— (b) PURPOSES.—Subject to the allocation of ‘‘(A) as authorized by a fishery manage- Not later than 180 days after the date of en- funds described in subsection (d), amounts in ment plan or regulations under the author- actment of the Magnuson-Stevens Fishery the Fund shall be available to the Secretary ity of the North Pacific Council to allow dis- Conservation and Management Reauthoriza- of Commerce, without appropriation or fiscal closure to the public of weekly summary by- tion Act of 2006, the Secretary, in consulta- year limitation, to disburse as described in catch information identified by vessel or for tion with the Councils, shall promulgate reg- subsection (e) for— haul-specific bycatch information without ulations that create an expedited, uniform, (1) efforts to improve fishery harvest data vessel identification; and regionally-based process to promote collection including— ‘‘(B) when such information is necessary in issuance, where practicable, of experimental (A) expanding the use of electronic catch proceedings to adjudicate observer certifi- fishing permits. reporting programs and technology; and ‘‘(e) GUIDELINES.—The Secretary, in con- cations; or (B) improvement of monitoring and ob- sultation with the Councils, shall establish ‘‘(C) as authorized by any regulations server coverage through the expanded use of guidelines to ensure that participation in a issued under paragraph (3) allowing the col- electronic monitoring devices and satellite research project funded under this section lection of observer information, pursuant to tracking systems such as VMS on small ves- does not result in loss of a participant’s sels; a confidentiality agreement between the ob- catch history or unexpended days-at-sea as servers, observer employers, and the Sec- (2) cooperative fishery research and anal- part of a limited entry system. ysis, in collaboration with fishery partici- retary prohibiting disclosure of the informa- ‘‘(f) EXEMPTED PROJECTS.—The procedures tion by the observers or observer employers, pants, academic institutions, community of this section shall not apply to research residents, and other interested parties; in order— funded by quota set-asides in a fishery.’’. ‘‘(i) to allow the sharing of observer infor- (3) development of methods or new tech- SEC. 205. HERRING STUDY. nologies to improve the quality, health safe- mation among observers and between observ- Title III (16 U.S.C. 1851 et seq.), as amended ers and observer employers as necessary to ty, and value of fish landed; by section 204, is further amended by adding (4) conducting analysis of fish and seafood train and prepare observers for deployments at the end the following: on specific vessels; or for health benefits and risks, including levels ‘‘SEC. 319. HERRING STUDY. of contaminants and, where feasible, the ‘‘(ii) to validate the accuracy of the ob- ‘‘(a) IN GENERAL.—The Secretary may con- server information collected.’’; and source of such contaminants; duct a cooperative research program to (5) marketing of sustainable United States (3) by striking ‘‘(1)(E).’’ in paragraph (3), as study the issues of abundance, distribution redesignated, and inserting ‘‘(2)(A).’’. fishery products, including consumer edu- and the role of herring as forage fish for cation regarding the health or other benefits (b) CONFORMING AMENDMENT.—Section other commercially important fish stocks in of wild fishery products harvested by vessels 404(c)(4) (16 U.S.C. 1881c(c)(4)) is amended by the Northwest Atlantic, and the potential striking ‘‘under section 401’’. of the United States; for local scale depletion from herring har- (6) improving data collection under the vesting and how it relates to other fisheries SEC. 204. COOPERATIVE RESEARCH AND MAN- Marine Recreational Fishery Statistics Sur- AGEMENT PROGRAM. in the Northwest Atlantic. In planning, de- vey in accordance with section 401(g)(3) of Title III (16 U.S.C. 1851 et seq.), as amended signing, and implementing this program, the the Magnuson-Stevens Fishery Conservation by section 119 of this Act, is further amended Secretary shall engage multiple fisheries and Management Act (16 U.S.C. 1881(g)(3)); by adding at the end the following: sectors and stakeholder groups concerned with herring management. and ‘‘SEC. 318. COOPERATIVE RESEARCH AND MAN- (7) providing financial assistance to fisher- AGEMENT PROGRAM. ‘‘(b) REPORT.—The Secretary shall present the final results of this study to Congress men to offset the costs of modifying fishing ‘‘(a) IN GENERAL.—The Secretary of Com- within 3 months following the completion of practices and gear to meet the requirements merce, in consultation with the Councils, of this Act, the Magnuson-Stevens Fishery shall establish a cooperative research and the study, and an interim report at the end of fiscal year 2008. Conservation and Management Act (16 U.S.C. management program to address needs iden- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 1801 et seq.), and other Federal laws in pari tified under this Act and under any other There are authorized to be appropriated materia. marine resource laws enforced by the Sec- $2,000,000 for fiscal year 2007 through fiscal (c) DEPOSITS TO THE FUND.— retary. The program shall be implemented year 2009 to conduct this study.’’. (1) QUOTA SET-ASIDES.—Any amount gen- on a regional basis and shall be developed SEC. 206. RESTORATION STUDY. erated through quota set-asides established and conducted through partnerships among Title III (16 U.S.C. 1851 et seq.), as amended by a Council under the Magnuson-Stevens Federal, State, and Tribal managers and sci- by section 205, is further amended by adding Fishery Conservation and Management Act entists (including interstate fishery commis- at the end the following: (16 U.S.C. 1801 et seq.) and designated by the sions), fishing industry participants (includ- ‘‘SEC. 320. RESTORATION STUDY. Council for inclusion in the Fishery Con- ing use of commercial charter or rec- ‘‘(a) IN GENERAL.—The Secretary may conservation and Management Fund, may be de- reational vessels for gathering data), and duct a study to update scientific information posited in the Fund. educational institutions. and protocols needed to improve restoration (2) OTHER FUNDS.—In addition to amounts ‘‘(b) ELIGIBLE PROJECTS.—The Secretary techniques for a variety of coast habitat received pursuant to paragraph (1) of this shall make funds available under the pro- types and synthesize the results in a format subsection, the Fishery Conservation and gram for the support of projects to address easily understandable by restoration practi- Management Fund may also receive funds critical needs identified by the Councils in tioners and local communities. from— consultation with the Secretary. The pro- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (A) appropriations for the purposes of this gram shall promote and encourage efforts to There are authorized to be appropriated section; and utilize sources of data maintained by other $500,000 for fiscal year 2007 to conduct this (B) States or other public sources or pri- Federal agencies, State agencies, or aca- study.’’. vate or non-profit organizations for purposes demia for use in such projects. SEC. 207. WESTERN PACIFIC FISHERY DEM- of this section. ‘‘(c) FUNDING.—In making funds available ONSTRATION PROJECTS. (d) REGIONAL ALLOCATION.—The Secretary the Secretary shall award funding on a com- Section 111(b) of the Sustainable Fisheries shall, every 2 years, apportion monies from petitive basis and based on regional fishery Act (16 U.S.C. 1855 note) is amended— the Fund among the eight Council regions management needs, select programs that (1) by striking ‘‘and the Secretary of the according to recommendations of the Coun- form part of a coherent program of research Interior are’’ in paragraph (1) and inserting cils, based on regional priorities identified focused on solving priority issues identified ‘‘is’’; through the Council process, except that no

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.151 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11519 region shall receive less than 5 percent of the based on best scientific information avail- on the impact of Hurricane Katrina, Hurri- Fund in each allocation period. able, including through underwater or re- cane Rita, and Hurricane Wilma on habitat, (e) LIMITATION ON THE USE OF THE FUND.— mote sensing technologies and submit such including the habitat of shrimp and oysters No amount made available from the Fund information to the appropriate Councils; in those States. may be used to defray the costs of carrying ‘‘(4) to conduct research, including cooper- (c) HABITAT RESTORATION.—The Secretary out requirements of this Act or the Magnu- ative research with fishing industry partici- shall carry out activities to restore fishery son-Stevens Fishery Conservation and Man- pants, on deep sea corals and related species, habitats, including the shrimp and oyster agement Act (16 U.S.C. 1801 et seq.) other and on survey methods; habitats in Louisiana and Mississippi. than those uses identified in this section. ‘‘(5) to develop technologies or methods de- SEC. 209. USE OF FISHERY FINANCE PROGRAM SEC. 214. NORTH PACIFIC FISHERIES CONVEN- signed to assist fishing industry participants TION. FOR SUSTAINABLE PURPOSES. in reducing interactions between fishing gear Section 53706(a)(7) of title 46, United States and deep sea corals; and Section 313 (16 U.S.C. 1862) is amended— Code, is amended to read as follows: ‘‘(6) to prioritize program activities in (1) by striking ‘‘all fisheries under the ‘‘(7) Financing or refinancing— areas where deep sea corals are known to Council’s jurisdiction except salmon fish- ‘‘(A) the purchase of individual fishing occur, and in areas where scientific modeling eries’’ in subsection (a) and inserting ‘‘any quotas in accordance with section 303(d)(4) of or other methods predict deep sea corals are fishery under the Council’s jurisdiction ex- the Magnuson-Stevens Fishery Conservation likely to be present. cept a salmon fishery’’; and Management Act (including the reim- ‘‘(b) REPORTING.—Beginning 1 year after (2) by striking subsection (a)(2) and insert- bursement of obligors for expenditures pre- the date of enactment of the Magnuson-Ste- ing the following: viously made for such a purchase) ; vens Fishery Conservation and Management ‘‘(2) establishes a system, or system, of ‘‘(B) activities that assist in the transition Reauthorization Act of 2006, the Secretary, fees, which may vary by fishery, manage- to reduced fishing capacity; or in consultation with the Councils, shall sub- ment area, or observer coverage level, to pay ‘‘(C) technologies or upgrades designed to mit biennial reports to Congress and the for the cost of implementing the plan.’’; improve collection and reporting of fishery- public on steps taken by the Secretary to (3) by striking ‘‘observers’’ in subsection dependent data, to reduce bycatch, to im- identify, monitor, and protect deep sea coral (b)(2)(A) and inserting ‘‘observers, or elec- prove selectivity or reduce adverse impacts areas, including summaries of the results of tronic monitoring systems,’’; of fishing gear, or to improve safety.’’. mapping, research, and data collection per- (4) by inserting ‘‘a fixed amount reflecting SEC. 210. REGIONAL ECOSYSTEM RESEARCH. formed under the program.’’. actual observer costs as described in sub- Section 406 (16 U.S.C. 1882) is amended by SEC. 212. IMPACT OF TURTLE EXCLUDER DE- paragraph (A) or’’ in subsection (b)(2)(E) adding at the end the following: VICES ON SHRIMPING. after ‘‘expressed as’’; ‘‘(f) REGIONAL ECOSYSTEM RESEARCH.— (a) IN GENERAL.—The Undersecretary of (5) by inserting ‘‘some or’’ in subsection ‘‘(1) STUDY.—Within 180 days after the date Commerce for Oceans and Atmosphere shall (b)(2)(F) after ‘‘against’’; of enactment of the Magnuson-Stevens Fish- execute an agreement with the National (6) by inserting ‘‘or an electronic moni- ery Conservation and Management Reau- Academy of Sciences to conduct, jointly, a toring system’’ after ‘‘observer’’ in sub- thorization Act of 2006, the Secretary, in multi-year, comprehensive in-water study section (b)(2)(F); consultation with the Councils, shall under- designed— (7) by striking ‘‘and’’ after the semicolon take and complete a study on the state of (1) to measure accurately the efforts and in subsection (b)(2)(H); and the science for advancing the concepts and effects of shrimp fishery efforts to utilize (8) by redesignating subparagraph (I) of integration of ecosystem considerations in turtle excluder devices; subsection (b)(2) as subparagraph (J) and in- regional fishery management. The study (2) to analyze the impact of those efforts serting after subparagraph (H) the following: should build upon the recommendations of on sea turtle mortality, including inter- ‘‘(I) provide that fees collected will be the advisory panel and include— action between turtles and shrimp trawlers credited against any fee for stationing ob- ‘‘(A) recommendations for scientific data, in the inshore, nearshore, and offshore wa- servers or electronic monitoring systems on information and technology requirements for ters of the Gulf of Mexico and similar geo- board fishing vessels and United States fish understanding ecosystem processes, and graphical locations in the waters of the processors and the actual cost of inputting methods for integrating such information Southeastern United States; and collected data to which a fishing vessel or from a variety of federal, state, and regional (3) to evaluate innovative technologies to fish processor is subject under section 304(d) sources; increase shrimp retention in turtle excluder of this Act; and’’. ‘‘(B) recommendations for processes for in- devices while ensuring the protection of en- SEC. 215. NEW ENGLAND GROUNDFISH FISHERY. corporating broad stake holder participa- dangered and threatened sea turtles. (a) REVIEW.—The Secretary of Commerce tion; (b) OBSERVERS.—In conducting the study, shall conduct a unique, thorough examina- ‘‘(C) recommendations for processes to ac- the Undersecretary shall ensure that observ- tion of the potential impact on all affected count for effects of environmental variation ers are placed onboard commercial shrimp and interested parties of Framework 42 to on fish stocks and fisheries; and fishing vessels where appropriate or nec- the Northeast Multispecies Fishery Manage- ‘‘(D) a description of existing and devel- essary. ment Plan. oping council efforts to implement eco- (c) INTERIM REPORTS.—During the course of system approaches, including lessons learned the study and until a final report is sub- (b) REPORT.—The Secretary shall report by the councils. mitted to the Senate Committee on Com- the Secretary’s findings under subsection (a) ‘‘(2) AGENCY TECHNICAL ADVICE AND ASSIST- merce, Science, and Transportation and the within 30 days after the date of enactment of ANCE, REGIONAL PILOT PROGRAMS.—The Sec- House of Representatives Committee on Re- this Act. The Secretary shall include in the retary is authorized to provide necessary sources, the National Academy of Sciences report a detailed discussion of each of the technical advice and assistance, including shall transmit interim reports to the Com- following: grants, to the Councils for the development mittees biannually containing a summary of (1) The economic and social implications and design of regional pilot programs that preliminary findings and conclusions from for affected parties within the fishery, in- build upon the recommendations of the advi- the study. cluding potential losses to infrastructure, sory panel and, when completed, the study.’’. SEC. 213. HURRICANE EFFECTS ON COMMERCIAL expected from the imposition of Framework SEC. 211. DEEP SEA CORAL RESEARCH AND AND RECREATION FISHERY HABI- 42. TECHNOLOGY PROGRAM. TATS. (2) The estimated average annual income Title IV (16 U.S.C. 1881 et seq.) is amended (a) FISHERIES REPORT.—Within 180 days generated by fishermen in New England, sep- by adding at the end the following: after the date of enactment of this Act, the arated by State and vessel size, and the esti- ‘‘SEC. 408. DEEP SEA CORAL RESEARCH AND Secretary of Commerce shall transmit a re- mated annual income expected after the im- TECHNOLOGY PROGRAM. port to the Senate Committee on Commerce, position of Framework 42. ‘‘(a) IN GENERAL.—The Secretary, in con- Science, and Transportation and the House (3) Whether the differential days-at-sea sultation with appropriate regional fishery of Representatives Committee on Resources counting imposed by Framework 42 would re- management councils and in coordination on the impact of Hurricane Katrina, Hurri- sult in a reduction in the number of small with other federal agencies and educational cane Rita, and Hurricane Wilma on— vessels actively participating in the New institutions, shall, subject to the avail- (1) commercial and recreational fisheries England Fishery. ability of appropriations, establish a pro- in the States of Alabama, Louisiana, Flor- (4) The percentage and approximate num- gram— ida, Mississippi, and Texas; ber of vessels in the New England fishery, ‘‘(1) to identify existing research on, and (2) shrimp fishing vessels in those States; separated by State and vessel type, that are known locations of, deep sea corals and sub- and incapable of fishing outside the areas des- mit such information to the appropriate (3) the oyster industry in those States. ignated in Framework 42 for differential Councils; (b) HABITAT REPORT.—Within 180 days after days-at-sea counting. ‘‘(2) to locate and map locations of deep sea the date of enactment of this Act, the Sec- (5) The percentage of the annual ground- corals and submit such information to the retary of Commerce shall transmit a report fish catch in the New England fishery that is Councils; to the Senate Committee on Commerce, harvested by small vessels. ‘‘(3) to monitor activity in locations where Science, and Transportation and the House (6) The current monetary value of ground- deep sea corals are known or likely to occur, of Representatives Committee on Resources fish permits in the New England fishery and

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.151 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11520 CONGRESSIONAL RECORD — SENATE December 7, 2006 the actual impact that the potential imposi- (2) what Federal programs are available to ‘‘(B) with respect to the violator, the de- tion of Framework 42 is having on such help facilitate the education of students hop- gree of culpability, any history of prior of- value. ing to pursue these degrees; and fenses, and such other matters as justice (7) Whether permitting days-at-sea to be (3) what institutions of higher education, may require. leased is altering the market value for the private sector, and the Congress could do ‘‘(4) TRANSFERS OF OWNERSHIP.—Transfer of groundfish permits or days-at-sea in New to try to increase the number of individuals ownership of a vessel, a permit, or any inter- England. with such post-baccalaureate degrees. est in a permit, by sale or otherwise, shall (8) Whether there is a substantially high (b) REPORT—.Not later than 8 months after not extinguish any permit sanction that is in probability that the biomass targets used as the date of enactment of this Act, the Secre- effect or is pending at the time of transfer of a basis for Amendment 13 remain achievable. taries of Commerce and Education shall ownership. Before executing the transfer of (9) An identification of the year in which transmit a report to each committee of Con- ownership of a vessel, permit, or interest in the biomass targets used as a basis for gress with jurisdiction over the programs re- a permit, by sale or otherwise, the owner Amendment 13 were last evident or achieved, ferred to in subsection (a), detailing the find- shall disclose in writing to the prospective and the evidence used to determine such ings and recommendations of the study transferee the existence of any permit sanc- date. under this section. tion that will be in effect or pending with re- (10) Any separate or non-fishing factors, in- SEC. 218. GULF OF ALASKA ROCKFISH DEM- spect to the vessel, permit, or interest at the cluding environmental factors, that may be ONSTRATION PROGRAM. time of the transfer. leading to a slower rebuilding of groundfish Section 802 of Public Law 108-199 (118 Stat. ‘‘(5) REINSTATEMENT.—In the case of any than previously anticipated. 110) is amended by striking ‘‘2 years’’ and in- permit that is suspended under this sub- (11) The potential harm to the non-fishing serting ‘‘5 years’’. section for nonpayment of a civil penalty, environment and ecosystem from the reduc- TITLE III—OTHER FISHERIES STATUTES criminal fine, or any amount in settlement tion in fishing resulting from Framework 42 of a civil forfeiture, the Secretary shall rein- SEC. 301. AMENDMENTS TO NORTHERN PACIFIC and the potential redevelopment of the HALIBUT ACT. state the permit upon payment of the pen- coastal land for other purposes, including po- (a) CIVIL PENALTIES.—Section 8(a) of the alty, fine, or settlement amount and interest tential for increases in non-point source of Northern Pacific Halibut Act of 1982 (16 thereon at the prevailing rate. pollution and other impacts. U.S.C. 773f(a)) is amended— ‘‘(6) HEARING.—No sanction shall be im- SEC. 216. REPORT ON COUNCIL MANAGEMENT (1) by striking ‘‘$25,000’’ and inserting posed under this subsection unless there has COORDINATION. ‘‘$200,000’’; been prior opportunity for a hearing on the The Mid-Atlantic Fishery Council, in con- (2) by striking ‘‘violation, the degree of facts underlying the violation for which the sultation with the New England Fishery culpability, and history of prior offenses, sanction is imposed either in conjunction Council, shall submit a report to the Senate ability to pay,’’ in the fifth sentence and in- with a civil penalty proceeding under this Committee on Commerce, Science, and serting ‘‘violator, the degree of culpability, section or otherwise. Transportation within 9 months after the any history of prior offenses,’’; and ‘‘(7) PERMIT DEFINED.—In this subsection, date of enactment of this Act— (3) by adding at the end the following: ‘‘In the term ‘permit’ means any license, certifi- (1) describing the role of council liaisons assessing such penalty, the Secretary may cate, approval, registration, charter, mem- between the Mid-Atlantic and New England also consider any information provided by bership, exemption, or other form of permis- Councils, including an explanation of council the violator relating to the ability of the vision issued by the Commission or the Sec- policies regarding the liaison’s role in Coun- olator to pay if the information is provided retary, and includes any quota share or other cil decision-making since 1996; to the Secretary at least 30 days prior to an transferable quota issued by the Secretary.’’. (2) describing how management actions are administrative hearing.’’. (c) CRIMINAL PENALTIES.—Section 9(b) of taken regarding the operational aspects of (b) PERMIT SANCTIONS.—Section 8 of the the Northern Pacific Halibut Act of 1982 (16 current joint fishery management plans, and Northern Pacific Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended— how such joint plans may undergo changes U.S.C. 773f) is amended by adding at the end (1) by striking ‘‘$50,000’’ and inserting through amendment or framework processes; the following: ‘‘$200,000’’; and (3) evaluating the role of the New England ‘‘(e) REVOCATION OR SUSPENSION OF PER- (2) by striking ‘‘$100,000,’’ and inserting Fishery Council and the Mid-Atlantic Fish- MIT.— ‘‘$400,000,’’. ery Council liaisons in the development and ‘‘(1) IN GENERAL.—The Secretary may take SEC. 302. REAUTHORIZATION OF OTHER FISH- approval of management plans for fisheries any action described in paragraph (2) in any ERIES ACTS. in which the liaisons or members of the non- case in which— (a) ATLANTIC STRIPED BASS CONSERVATION controlling Council have a demonstrated in- ‘‘(A) a vessel has been used in the commis- ACT.—Section 7(a) of the Atlantic Striped terest and significant current and historical sion of any act prohibited under section 7; Bass Conservation Act (16 U.S.C. 5156(a)) is landings of species managed by either Coun- ‘‘(B) the owner or operator of a vessel or amended to read as follows: cil; any other person who has been issued or has ‘‘(a) AUTHORIZATION.—For each of fiscal (4) evaluating the effectiveness of the var- applied for a permit under this Act has acted years 2007, 2008, 2009, 2010, 2011, there are au- ious approaches developed by the Councils to in violation of section 7; or thorized to be appropriated to carry out this improve representation for affected members ‘‘(C) any amount in settlement of a civil Act— of the non-controlling Council in Council de- forfeiture imposed on a vessel or other prop- ‘‘(1) $1,000,000 to the Secretary of Com- cision-making, such as use of liaisons, joint erty, or any civil penalty or criminal fine merce; and management plans, and other policies, tak- imposed on a vessel or owner or operator of ‘‘(2) $250,000 to the Secretary of the Inte- ing into account both the procedural and a vessel or any other person who has been rior.’’. conservation requirements of the Magnuson- issued or has applied for a permit under any Stevens Fishery Conservation and Manage- marine resource law enforced by the Sec- (b) YUKON RIVER SALMON ACT OF 2000.—Sec- ment Act; and retary has not been paid and is overdue. tion 208 of the Yukon River Salmon Act of (5) analyzing characteristics of North Caro- ‘‘(2) PERMIT-RELATED ACTIONS.—Under the 2000 (16 U.S.C. 5727) is amended by striking lina and Florida that supported their inclu- circumstances described in paragraph (1) the ‘‘$4,000,000 for each of fiscal years 2004 sion as voting members of more than one Secretary may— through 2008,’’ and inserting ‘‘$4,000,000 for Council and the extent to which those char- ‘‘(A) revoke any permit issued with respect each of fiscal years 2007 through 2011’’. acteristics support Rhode Island’s inclusion to such vessel or person, with or without (c) SHARK FINNING PROHIBITION ACT.—Sec- on a second Council (the Mid-Atlantic Coun- prejudice to the issuance of subsequent per- tion 10 of the Shark Finning Prohibition Act cil). mits; (16 U.S.C. 1822 note) is amended by striking SEC. 217. STUDY OF SHORTAGE IN THE NUMBER ‘‘(B) suspend such permit for a period of ‘‘fiscal years 2001 through 2005’’ and inserting OF INDIVIDUALS WITH POST- BACCA- time considered by the Secretary to be ap- ‘‘fiscal years 2007 through 2011’’. LAUREATE DEGREES IN SUBJECTS propriate; (d) PACIFIC SALMON TREATY ACT.— RELATED TO FISHERY SCIENCE. ‘‘(C) deny such permit; or (1) TRANSFER OF SECTION TO ACT.—The text (a) IN GENERAL.—The Secretary of Com- ‘‘(D) impose additional conditions and re- of section 623 of title VI of H.R. 3421 (113 merce and the Secretary of Education shall strictions on any permit issued to or applied Stat. 1501A–56), as introduced on November collaborate to conduct a study of— for by such vessel or person under this Act 17, 1999, enacted into law by section 1000(a)(1) (1) whether there is a shortage in the num- and, with respect to any foreign fishing ves- of the Act of November 29, 1999 (Public Law ber of individuals with post-baccalaureate sel, on the approved application of the for- 106–113), and amended by Public Law 106–533 degrees in subjects related to fishery science, eign nation involved and on any permit (114 Stat. 2762A-108)— including fishery oceanography, fishery ecol- issued under that application. (A) is transferred to the Pacific Salmon ogy, and fishery anthropology, who have the ‘‘(3) FACTORS TO BE CONSIDERED.—In im- Treaty Act (16 U.S.C. 3631 et seq.) and in- ability to conduct high quality scientific re- posing a sanction under this subsection, the serted after section 15; and search in fishery stock assessment, fishery Secretary shall take into account— (B) amended— population dynamics, and related fields, for ‘‘(A) the nature, circumstances, extent, (i) by striking ‘‘SEC. 623.’’; and government, non-profit, and private sector and gravity of the prohibited acts for which (ii) inserting before ‘‘(a) NORTHERN FUND entities; the sanction is imposed; and AND SOUTHERN FUND.—’’ the following:

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.151 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11521 ‘‘SEC. 16. NORTHERN AND SOUTHERN FUNDS; Section 4 of the Anadromous Fish Conserva- SEC. 403. ACTION TO END ILLEGAL, UNRE- TREATY IMPLEMENTATION; ADDI- tion Act (16 U.S.C. 757d) is amended to read PORTED, OR UNREGULATED FISH- TIONAL AUTHORIZATION OF APPRO- as follows: ING AND REDUCE BYCATCH OF PRO- PRIATIONS.’’. TECTED MARINE SPECIES. (2) REAUTHORIZATION.—Section 16(d)(2)(A) ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—Title VI of the High Seas of the Pacific Salmon Treaty Act, as trans- ‘‘There are authorized to be appropriated Driftnet Fishing Moratorium Protection Act ferred by paragraph (1), is amended— to carry out the purposes of this Act not to (16 U.S.C. 1826d et seq.), is amended by add- (1) by inserting ‘‘sustainable salmon fish- exceed $4,500,000 for each of fiscal years 2007 ing at the end the following: eries,’’ after ‘‘enhancement,’’; through 2012.’’. ‘‘SEC. 607. BIENNIAL REPORT ON INTER- (2) by inserting ‘‘2005, 2006, 2007, 2008, and NATIONAL COMPLIANCE. (i) REAUTHORIZATION OF THE NORTHWEST ‘‘The Secretary, in consultation with the 2009,’’ after ‘‘2003,’’; and ATLANTIC FISHERIES CONVENTION ACT OF (3) by inserting ‘‘Idaho,’’ after ‘‘Oregon,’’. Secretary of State, shall provide to Con- 1995.—Section 211 of the Northwest Atlantic gress, by not later than 2 years after the date (e) STATE AUTHORITY FOR DUNGENESS CRAB Fisheries Convention Act of 1995 (16 U.S.C. FISHERY MANAGEMENT.—Section 203 of Public of enactment of the Magnuson-Stevens Fish- 5610) is amended by striking ‘‘2006’’ and in- ery Conservation and Management Reau- Law 105–384 (16 U.S.C. 1856 note) is amended— serting ‘‘2012’’. (1) by striking ‘‘September 30, 2006.’’ in thorization Act of 2006, and every 2 years subsection (i) and inserting ‘‘September 30, TITLE IV—INTERNATIONAL thereafter, a report that includes— 2016.’’; ‘‘(1) the state of knowledge on the status of SEC. 401. INTERNATIONAL MONITORING AND international living marine resources shared (2) by striking ‘‘health’’ in subsection (j) COMPLIANCE. and inserting ‘‘status’’; and by the United States or subject to treaties or Title II (16 U.S.C. 1821 et seq.) is amended (3) by striking ‘‘California.’’ in subsection agreements to which the United States is a by adding at the end the following: party, including a list of all such fish stocks (j) and inserting ‘‘California, including— classified as overfished, overexploited, de- ‘‘(1) stock status and trends throughout its ‘‘SEC. 207. INTERNATIONAL MONITORING AND pleted, endangered, or threatened with ex- range; COMPLIANCE. tinction by any international or other au- ‘‘(2) a description of applicable research ‘‘(a) IN GENERAL.—The Secretary may un- thority charged with management or con- and scientific review processes used to deter- dertake activities to promote improved mon- servation of living marine resources; mine stock status and trends; and itoring and compliance for high seas fish- ‘‘(2) a list of nations whose vessels have ‘‘(3) measures implemented or planned that eries, or fisheries governed by international been identified under sections 609(a) or are designed to prevent or end overfishing in fishery management agreements, and to im- 610(a), including the specific offending activi- the fishery.’’. plement the requirements of this title. ties and any subsequent actions taken pursu- (f) PACIFIC FISHERY MANAGEMENT COUN- ‘‘(b) SPECIFIC AUTHORITIES.—In carrying ant to section 609 or 610; CIL.— out subsection (a), the Secretary may— ‘‘(3) a description of efforts taken by na- (1) IN GENERAL.—The Pacific Fishery Man- ‘‘(1) share information on harvesting and tions on those lists to comply take appro- agement Council shall develop a proposal for processing capacity and illegal, unreported priate corrective action consistent with sec- the appropriate rationalization program for and unregulated fishing on the high seas, in tions 609 and 610, and an evaluation of the the Pacific trawl groundfish and whiting areas covered by international fishery man- progress of those efforts, including steps fisheries, including the shore-based sector of agement agreements, and by vessels of other taken by the United States to implement the Pacific whiting fishery under its juris- nations within the United States exclusive those sections and to improve international diction. The proposal may include only the economic zone, with relevant law enforce- compliance; Pacific whiting fishery, including the shore- ment organizations of foreign nations and ‘‘(4) progress at the international level, based sector, if the Pacific Council deter- relevant international organizations; consistent with section 608, to strengthen mines that a rationalization plan for the ‘‘(2) further develop real time information the efforts of international fishery manage- fishery as a whole cannot be achieved before sharing capabilities, particularly on har- ment organizations to end illegal, unre- the report is required to be submitted under vesting and processing capacity and illegal, ported, or unregulated fishing; and paragraph (3). unreported and unregulated fishing; ‘‘(5) steps taken by the Secretary at the (2) REQUIRED ANALYSIS.—In developing the ‘‘(3) participate in global and regional ef- international level to adopt international proposal to rationalize the fishery, the Pa- forts to build an international network for measures comparable to those of the United cific Council shall fully analyze alternative monitoring, control, and surveillance of high States to reduce impacts of fishing and other program designs, including the allocation of seas fishing and fishing under regional or practices on protected living marine re- limited access privileges to harvest fish to global agreements; sources, if no international agreement to fishermen and processors working together ‘‘(4) support efforts to create an inter- achieve such goal exists, or if the relevant in regional fishery associations or some national registry or database of fishing ves- international fishery or conservation organi- other cooperative manner to harvest and sels, including by building on or enhancing zation has failed to implement effective process the fish, as well as the effects of registries developed by international fishery measures to end or reduce the adverse im- these program designs and allocations on management organizations; pacts of fishing practices on such species. competition and conservation. The analysis ‘‘(5) enhance enforcement capabilities ‘‘SEC. 608. ACTION TO STRENGTHEN INTER- shall include an assessment of the impact of through the application of commercial or NATIONAL FISHERY MANAGEMENT the proposal on conservation and the eco- governmental remote sensing technology to ORGANIZATIONS. nomics of communities, fishermen, and proc- locate or identify vessels engaged in illegal, ‘‘The Secretary, in consultation with the essors participating in the trawl groundfish unreported, or unregulated fishing on the Secretary of State, and in cooperation with fisheries, including the shore-based sector of high seas, including encroachments into the relevant fishery management councils and any relevant advisory committees, shall the Pacific whiting fishery. exclusive economic zone by fishing vessels of take actions to improve the effectiveness of (3) REPORT.—The Pacific Council shall sub- other nations; international fishery management organiza- mit the proposal and related analysis to the ‘‘(6) provide technical or other assistance tions in conserving and managing fish stocks Senate Committee on Commerce, Science, to developing countries to improve their and Transportation and the House of Rep- under their jurisdiction. These actions shall monitoring, control, and surveillance capa- include— resentatives Committee on Resources no bilities; and later than 24 months after the date of enact- ‘‘(1) urging international fishery manage- ‘‘(7) support coordinated international ef- ment organizations to which the United ment of this Act. forts to ensure that all large-scale fishing (g) REAUTHORIZATION OF THE INTERJURISDIC- States is a member— vessels operating on the high seas are re- ‘‘(A) to incorporate multilateral market- TIONAL FISHERIES ACT OF 1986.— Section 308 quired by their flag State to be fitted with of the Interjurisdictional Fisheries Act of related measures against member or non- vessel monitoring systems no later than De- member governments whose vessels engage 1986 (16 U.S.C. 4107) is amended— cember 31, 2008, or earlier if so decided by the (1) by striking subsection (a) and inserting in illegal, unreported, or unregulated fishing; relevant flag State or any relevant inter- ‘‘(B) to seek adoption of lists that identify the following: national fishery management organization.’’. ‘‘(a) GENERAL APPROPRIATIONS.—There are fishing vessels and vessel owners engaged in authorized to be appropriated to the Sec- SEC. 402. FINDING WITH RESPECT TO ILLEGAL, illegal, unreported, or unregulated fishing retary of Commerce for apportionment to UNREPORTED, AND UNREGULATED that can be shared among all members and carry out the purposes of this title $5,000,000 FISHING. other international fishery management or- for each of fiscal years 2007 through 2012.’’; Section 2(a) (16 U.S.C. 1801(a)), as amended ganizations; and by section 3 of this Act, is further amended ‘‘(C) to seek international adoption of a (2) by striking ‘‘$850,000 for each of fiscal by adding at the end the following: centralized vessel monitoring system in years 2003 and 2004, and $900,000 for each of ‘‘(12) International cooperation is nec- order to monitor and document capacity in fiscal years 2005 and 2006’’ in subsection (c) essary to address illegal, unreported, and un- fleets of all nations involved in fishing in and inserting ‘‘$900,000 for each of fiscal regulated fishing and other fishing practices areas under an international fishery manage- years 2007 through 2012’’. which may harm the sustainability of living ment organization’s jurisdiction; (h) REAUTHORIZATION AND AMENDMENT OF marine resources and disadvantage the ‘‘(D) to increase use of observers and tech- THE ANADROMOUS FISH CONSERVATION ACT.— United States fishing industry.’’. nologies needed to monitor compliance with

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.151 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11522 CONGRESSIONAL RECORD — SENATE December 7, 2006 conservation and management measures es- provisions of subchapter II of chapter 5 of States is a party, including catch limits or tablished by the organization, including ves- title 5, United States Code, for determining quotas, capacity restrictions, and bycatch sel monitoring systems and automatic iden- if a nation identified under subsection (a) reduction requirements; tification systems; and and listed in the report under section 607 has ‘‘(B) overfishing of fish stocks shared by ‘‘(E) to seek adoption of stronger port taken appropriate corrective action with re- the United States, for which there are no ap- state controls in all nations, particularly spect to the offending activities of its fishing plicable international conservation or man- those nations in whose ports vessels engaged vessels identified in the report under section agement measures or in areas with no appli- in illegal, unreported, or unregulated fishing 607. The certification procedure shall provide cable international fishery management or- land or transship fish; for notice and an opportunity for comment ganization or agreement, that has adverse ‘‘(2) urging international fishery manage- by any such nation. The Secretary shall de- impacts on such stocks; and ment organizations to which the United termine, on the basis of the procedure, and ‘‘(C) fishing activity that has an adverse States is a member, as well as all members certify to the Congress no later than 90 days impact on seamounts, hydrothermal vents, of those organizations, to adopt and expand after the date on which the Secretary pro- and cold water corals located beyond na- the use of market-related measures to com- mulgates a final rule containing the proce- tional jurisdiction, for which there are no bat illegal, unreported, or unregulated fish- dure, and biennially thereafter in the report applicable conservation or management ing, including— under section 607— measures or in areas with no applicable ‘‘(A) import prohibitions, landing restric- ‘‘(A) whether the government of each na- international fishery management organizations, or other market-based measures need- tion identified under subsection (a) has pro- tion or agreement. ed to enforce compliance with international vided documentary evidence that it has ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— fishery management organization measures, taken corrective action with respect to the There are authorized to be appropriated to such as quotas and catch limits; offending activities of its fishing vessels the Secretary for fiscal years 2007 through ‘‘(B) import restrictions or other market- identified in the report; or 2013 such sums as are necessary to carry out based measures to prevent the trade or im- ‘‘(B) whether the relevant international this section. portation of fish caught by vessels identified fishery management organization has imple- ‘‘SEC. 610. EQUIVALENT CONSERVATION MEAS- multilaterally as engaging in illegal, unre- mented measures that are effective in ending URES. ported, or unregulated fishing; and the illegal, unreported, or unregulated fish- ‘‘(a) IDENTIFICATION.—The Secretary shall identify, and list in the report under section ‘‘(C) catch documentation and certification ing activity by vessels of that nation. 607, a nation if— schemes to improve tracking and identifica- ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec- ‘‘(1) fishing vessels of that nation are en- tion of catch of vessels engaged in illegal, retary may establish a procedure for certifi- gaged, or have been engaged during the pre- unreported, or unregulated fishing, including cation, on a shipment-by-shipment, shipper- ceding calendar year in fishing activities or advance transmission of catch documents to by-shipper, or other basis of fish or fish prod- practices; ports of entry; and ucts from a vessel of a harvesting nation not ‘‘(A) in waters beyond any national juris- ‘‘(3) urging other nations at bilateral, re- certified under paragraph (1) if the Secretary diction that result in bycatch of a protected gional, and international levels, including determines that— living marine resource; or the Convention on International Trade in ‘‘(A) the vessel has not engaged in illegal, unreported, or unregulated fishing under an ‘‘(B) beyond the exclusive economic zone of Endangered Species of Fauna and Flora and international fishery management agree- the United States that result in bycatch of a the World Trade Organization to take all ment to which the United States is a party; protected living marine resource shared by steps necessary, consistent with inter- or the United States; national law, to adopt measures and policies ‘‘(B) the vessel is not identified by an ‘‘(2) the relevant international organiza- that will prevent fish or other living marine international fishery management organization for the conservation and protection of resources harvested by vessels engaged in il- tion as participating in illegal, unreported, such resources or the relevant international legal, unreported, or unregulated fishing or unregulated fishing activities. or regional fishery organization has failed to from being traded or imported into their na- ‘‘(3) EFFECT OF CERTIFICATION.— implement effective measures to end or re- tion or territories. ‘‘(A) IN GENERAL.—The provisions of sec- duce such bycatch, or the nation is not a ‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGU- tion 101(a) and section 101(b)(3) and (4) of this party to, or does not maintain cooperating LATED FISHING. Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))— status with, such organization; and ‘‘(a) IDENTIFICATION.—The Secretary shall ‘‘(i) shall apply to any nation identified identify, and list in the report under section ‘‘(3) the nation has not adopted a regu- under subsection (a) that has not been cer- 607, a nation if fishing vessels of that nation latory program governing such fishing prac- tified by the Secretary under this sub- are engaged, or have been engaged at any tices designed to end or reduce such bycatch section, or for which the Secretary has point during the preceding 2 years, in illegal, that is comparable to that of the United unreported, or unregulated fishing; and— issued a negative certification under this States, taking into account different condi- ‘‘(1) the relevant international fishery subsection; but tions. management organization has failed to im- ‘‘(ii) shall not apply to any nation identi- ‘‘(b) CONSULTATION AND NEGOTIATION.—The plement effective measures to end the ille- fied under subsection (a) for which the Sec- Secretary, acting through the Secretary of gal, unreported, or unregulated fishing activ- retary has issued a positive certification State, shall— ity by vessels of that nation or the nation is under this subsection. ‘‘(1) notify, as soon as possible, other na- not a party to, or does not maintain cooper- ‘‘(B) EXCEPTIONS.—Subparagraph (A)(i) tions whose vessels engage in fishing activi- ating status with, such organization; or does not apply— ties or practices described in subsection (a), ‘‘(2) where no international fishery man- ‘‘(i) to the extent that such provisions about the provisions of this section and this agement organization exists with a mandate would apply to sport fishing equipment or to Act; to regulate the fishing activity in question. fish or fish products not managed under the ‘‘(2) initiate discussions as soon as possible ‘‘(b) NOTIFICATION.—An identification applicable international fishery agreement; with all foreign governments which are en- under subsection (a) or section 610(a) is or gaged in, or which have persons or compa- deemed to be an identification under section ‘‘(ii) if there is no applicable international nies engaged in, fishing activities or prac- 101(b)(1)(A) of the High Seas Driftnet Fish- fishery agreement, to the extent that such tices described in subsection (a), for the pur- eries Enforcement Act (16 U.S.C. provisions would apply to fish or fish prod- pose of entering into bilateral and multilat- 1826a(b)(1)(A)), and the Secretary shall notify ucts caught by vessels not engaged in illegal, eral treaties with such countries to protect the President and that nation of such identi- unreported, or unregulated fishing. such species; fication. ‘‘(e) ILLEGAL, UNREPORTED, OR UNREGU- ‘‘(3) seek agreements calling for inter- ‘‘(c) CONSULTATION.—No later than 60 days LATED FISHING DEFINED.— national restrictions on fishing activities or after submitting a report to Congress under ‘‘(1) IN GENERAL.—In this Act the term ‘il- practices described in subsection (a) through section 607, the Secretary, acting through legal, unreported, or unregulated fishing’ has the United Nations, the Food and Agri- the Secretary of State, shall— the meaning established under paragraph (2). culture Organization’s Committee on Fish- ‘‘(1) notify nations listed in the report of ‘‘(2) SECRETARY TO DEFINE TERM WITHIN eries, and appropriate international fishery the requirements of this section; LEGISLATIVE GUIDELINES.—Within 3 months management bodies; and ‘‘(2) initiate consultations for the purpose after the date of enactment of the Magnu- ‘‘(4) initiate the amendment of any exist- of encouraging such nations to take the ap- son-Stevens Fishery Conservation and Man- ing international treaty for the protection propriate corrective action with respect to agement Reauthorization Act of 2006, the and conservation of such species to which the offending activities of their fishing ves- Secretary shall publish a definition of the the United States is a party in order to make sels identified in the report; and term ‘illegal, unreported, or unregulated such treaty consistent with the purposes and ‘‘(3) notify any relevant international fish- fishing’ for purposes of this Act. policies of this section. ery management organization of the actions ‘‘(3) GUIDELINES.—The Secretary shall in- ‘‘(c) CONSERVATION CERTIFICATION PROCE- taken by the United States under this sec- clude in the definition, at a minimum— DURE.— tion. ‘‘(A) fishing activities that violate con- ‘‘(1) DETERMINATION.—The Secretary shall ‘‘(d) IUU CERTIFICATION PROCEDURE.— servation and management measures reestablish a procedure consistent with the ‘‘(1) CERTIFICATION.—The Secretary shall quired under an international fishery man- provisions of subchapter II of chapter 5 of establish a procedure, consistent with the agement agreement to which the United title 5, United States Code, for determining

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.151 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11523 whether the government of a harvesting na- ‘‘(4) provide assistance to those nations or Public Law 96–339 (16 U.S.C. 971i), of which tion identified under subsection (a) and list- organizations in designing and implementing $3,000,000 shall be for the cooperative reed in the report under section 607— appropriate fish harvesting plans. search program under section 3(b)(2)(H) of ‘‘(A) has provided documentary evidence of ‘‘(e) PROTECTED LIVING MARINE RESOURCE that section (16 U.S.C. 971i(b)(2)(H).’’. the adoption of a regulatory program gov- DEFINED.—In this section the term ‘pro- (b) ATLANTIC BILLFISH COOPERATIVE RE- erning the conservation of the protected liv- tected living marine resource’— SEARCH PROGRAM.—Section 3(b)(2) of Public ing marine resource that is comparable to ‘‘(1) means non-target fish, sea turtles, or Law 96–339 (16 U.S.C. 971i(b)(2)) is amended— that of the United States, taking into ac- marine mammals that are protected under (1) by striking ‘‘and’’ after the semicolon count different conditions, and which, in the United States law or international agree- in subparagraph (G); case of pelagic longline fishing, includes ment, including the Marine Mammal Protec- (2) by redesignating subparagraph (H) as mandatory use of circle hooks, careful han- tion Act, the Endangered Species Act, the subparagraph (I); and dling and release equipment, and training Shark Finning Prohibition Act, and the Con- (3) by inserting after subparagraph (G) the and observer programs; and vention on International Trade in Endan- following: ‘‘(B) has established a management plan gered Species of Wild Flora and Fauna; but ‘‘(H) include a cooperative research pro- containing requirements that will assist in ‘‘(2) does not include species, except gram on Atlantic billfish based on the gathering species-specific data to support sharks, managed under the Magnuson-Ste- Southeast Fisheries Science Center Atlantic international stock assessments and con- vens Fishery Conservation and Management Billfish Research Plan of 2002; and’’. servation enforcement efforts for protected Act, the Atlantic Tunas Convention Act, or (c) SENSE OF CONGRESS REGARDING FISH living marine resources. any international fishery management HABITAT.—Section 3 of the Atlantic Tunas ‘‘(2) PROCEDURAL REQUIREMENT.—The pro- agreement. Convention Act of 1975 (16 U.S.C. 971a) is cedure established by the Secretary under ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— amended by adding at the end the following: There are authorized to be appropriated to paragraph (1) shall include notice and oppor- ‘‘(e) SENSE OF CONGRESS REGARDING FISH the Secretary for fiscal years 2007 through tunity for comment by any such nation. HABITAT.—It is the sense of the Congress ‘‘(3) CERTIFICATION.—The Secretary shall 2013 such sums as are necessary to carry out this section.‘‘. that the United States Commissioners certify to the Congress by January 31, 2007, should seek to include ecosystem consider- and biennially thereafter whether each such (b) CONFORMING AMENDMENTS.— (1) DENIAL OF PORT PRIVILEGES.—Section ations in fisheries management, including nation has provided the documentary evi- the conservation of fish habitat.’. dence described in paragraph (1)(A) and es- 101(b) of the High Seas Driftnet Fisheries En- tablished a management plan described in forcement Act (16 U.S.C. 1826a(b)) is amended SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY. paragraph (1)(B). by inserting ‘‘or illegal, unreported, or unregulated fishing’’ after ‘‘fishing’’ in para- (a) INTERNATIONAL OVERFISHING.—Section ‘‘(4) ALTERNATIVE PROCEDURE.—The Sec- retary shall establish a procedure for certifi- graph (1)(A)(i), paragraph (1)(B), paragraph 304 (16 U.S.C. 1854) is amended by adding at cation, on a shipment-by-shipment, shipper- (2), and paragraph (4)(A)(i). the end thereof the following: by-shipper, or other basis of fish or fish prod- (2) DURATION OF DENIAL.—Section 102 of the ‘‘(i) INTERNATIONAL OVERFISHING.—The pro- ucts from a vessel of a harvesting nation not High Seas Driftnet Fisheries Enforcement visions of this subsection shall apply in lieu certified under paragraph (3) if the Secretary Act (16 U.S.C. 1826b) is amended by inserting of subsection (e) to a fishery that the Sec- determines that such imports were harvested ‘‘or illegal, unreported, or unregulated fish- retary determines is overfished or approach- by practices that do not result in bycatch of ing’’ after ‘‘fishing’’. ing a condition of being overfished due to ex- a protected marine species, or were har- SEC. 404. MONITORING OF PACIFIC INSULAR cessive international fishing pressure, and vested by practices that— AREA FISHERIES. for which there are no management meas- (a) WAIVER AUTHORITY.—Section ‘‘(A) are comparable to those of the United ures to end overfishing under an inter- 201(h)(2)(B) (16 U.S.C. 1821(h)(2)(B)) is amend- States, taking into account different condi- national agreement to which the United ed by striking ‘‘that is at least equal in ef- tions, and which, in the case of pelagic States is a party. For such fisheries— fectiveness to the program established by longline fishing, includes mandatory use of ‘‘(1) the Secretary, in cooperation with the the Secretary;’’ and inserting ‘‘or other mon- circle hooks, careful handling and release Secretary of State, immediately take appro- itoring program that the Secretary, in con- equipment, and training and observer propriate action at the international level to sultation with the Western Pacific Manage- grams; and end the overfishing; and ment Council, determines is adequate to ‘‘(B) include the gathering of species spe- ‘‘(2) within 1 year after the Secretary’s de- monitor harvest, bycatch, and compliance cific data that can be used to support inter- termination, the appropriate Council, or with the laws of the United States by vessels national and regional stock assessments and Secretary, for fisheries under section fishing under the agreement;’’. conservation efforts for protected living ma- 302(a)(3) shall— (b) MARINE CONSERVATION PLANS.—Section ‘‘(A) develop recommendations for domes- rine resources. 204(e)(4)(A)(i) (16 U.S.C. 1824(e)(4)(A)(i)) is ‘‘(5) EFFECT OF CERTIFICATION.—The provi- tic regulations to address the relative im- amended to read as follows: pact of fishing vessels of the United States sions of section 101(a) and section 101(b)(3) ‘‘(i) Pacific Insular Area observer pro- and (4) of this Act (16 U.S.C. 1826a(a), (b)(3), on the stock and, if developed by a Council, grams, or other monitoring programs, that the Council shall submit such recommenda- and (b)(4)) (except to the extent that such the Secretary determines are adequate to provisions apply to sport fishing equipment tions to the Secretary; and monitor the harvest, bycatch, and compli- ‘‘(B) develop and submit recommendations or fish or fish products not caught by the ance with the laws of the United States by vessels engaged in illegal, unreported, or un- to the Secretary of State, and to the Con- foreign fishing vessels that fish under Pacific gress, for international actions that will end regulated fishing) shall apply to any nation Insular Area fishing agreements;’’. identified under subsection (a) that has not overfishing in the fishery and rebuild the af- SEC. 405. REAUTHORIZATION OF ATLANTIC been certified by the Secretary under this fected stocks, taking into account the rel- TUNAS CONVENTION ACT. ative impact of vessels of other nations and subsection, or for which the Secretary has (a) IN GENERAL.—Section 10 of the Atlantic issued a negative certification under this vessels of the United States on the relevant Tunas Convention Act of 1975 (16 U.S.C. 971h) stock.’’. subsection, but shall not apply to any nation is amended to read as follows: (b) HIGHLY MIGRATORY SPECIES TAGGING identified under subsection (a) for which the ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. RESEARCH.—Section 304(g)(2) (16 U.S.C. Secretary has issued a positive certification ‘‘(a) IN GENERAL.—There are authorized to 1854(g)(2)) is amended by striking ‘‘(16 U.S.C. under this subsection. be appropriated to the Secretary to carry 971d)’’ and inserting ‘‘(16 U.S.C. 971d), or ‘‘(d) INTERNATIONAL COOPERATION AND AS- out this Act, including use for payment of highly migratory species harvested in a com- SISTANCE.—To the greatest extent possible the United States share of the joint expenses mercial fishery managed by a Council under consistent with existing authority and the of the Commission as provided in Article X this Act or the Western and Central Pacific availability of funds, the Secretary shall— of the Convention— Fisheries Convention Implementation Act,’’. ‘‘(1) provide appropriate assistance to na- ‘‘(1) $5,770,000 for each of fiscal years 2007 tions identified by the Secretary under sub- and 2008; SEC. 407. UNITED STATES CATCH HISTORY. section (a) and international organizations ‘‘(2) $6,058,000 for each of fiscal years 2009 In establishing catch allocations under of which those nations are members to assist and 2010; and international fisheries agreements, the Sec- those nations in qualifying for certification ‘‘(3) $6,361,000 for each of fiscal years 2011 retary, in consultation with the Secretary of under subsection (c); and 2013. the Department in which the Coast Guard is ‘‘(2) undertake, where appropriate, cooper- ‘‘(b) ALLOCATION.—Of the amounts made operating, and the Secretary of State, shall ative research activities on species statistics available under subsection (a) for each fiscal ensure that all catch history associated with and improved harvesting techniques, with year— a vessel of the United States remains with those nations or organizations; ‘‘(1) $160,000 are authorized for the advisory the United States and is not transferred or ‘‘(3) encourage and facilitate the transfer committee established under section 4 of credited to any other nation or vessel of such of appropriate technology to those nations this Act and the species working groups es- nation, including when a vessel of the United or organizations to assist those nations in tablished under section 4A of this Act; and States is sold or transferred to a citizen of qualifying for certification under subsection ‘‘(2) $7,500,000 are authorized for research another nation or to an entity controlled by (c); and activities under this Act and section 3 of citizens of another nation.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.151 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11524 CONGRESSIONAL RECORD — SENATE December 7, 2006 SEC. 408. SECRETARIAL REPRESENTATIVE FOR section with the 150th meridian of west lon- dures as they find necessary and to select a INTERNATIONAL FISHERIES. gitude; thence due north along the 150th me- chairman from among members who are offi- (a) IN GENERAL.—The Secretary, in con- ridian of west longitude. cers or employees of the United States Gov- sultation with the Under Secretary of Com- (5) EXCLUSIVE ECONOMIC ZONE.—The term ernment. merce for Oceans and Atmosphere, shall des- ‘‘exclusive economic zone’’ means the zone (b) ALTERNATE COMMISSIONERS.—The Sec- ignate a Senate-confirmed, senior official established by Presidential Proclamation retary of State, in consultation with the within the National Oceanic and Atmos- Numbered 5030 of March 10, 1983. Secretary, may designate from time to time pheric Administration to perform the duties (6) FISHING.—The term ‘‘fishing’’ means: and for periods of time deemed appropriate of the Secretary with respect to inter- (A) searching for, catching, taking, or har- Alternate United States Commissioners to national agreements involving fisheries and vesting fish. other living marine resources, including pol- (B) attempting to search for, catch, take, the Commission. Any Alternate United icy development and representation as a U.S. or harvest fish. States Commissioner may exercise at any Commissioner, under any such international (C) engaging in any other activity which meeting of the Commission, Council, any agreements. can reasonably be expected to result in the Panel, or the advisory committee estab- (b) ADVICE.—The designated official shall, locating, catching, taking, or harvesting of lished pursuant to subsection (d), all powers in consultation with the Deputy Assistant fish for any purpose. and duties of a United States Commissioner Secretary for International Affairs and the (D) placing, searching for, or recovering in the absence of any Commissioner ap- Administrator of the National Marine Fish- fish aggregating devices or associated elec- pointed pursuant to subsection (a) of this eries Service, advise the Secretary, Under- tronic equipment such as radio beacons. section for whatever reason. The number of secretary of Commerce for Oceans and At- (E) any operations at sea directly in sup- such Alternate United States Commissioners mosphere, and other senior officials of the port of, or in preparation for, any activity that may be designated for any such meeting Department of Commerce and the National described in subparagraphs (A) through (D), shall be limited to the number of United Oceanic and Atmospheric Administration on including transshipment. States Commissioners appointed pursuant to development of policy on international fish- (F) use of any other vessel, vehicle, air- subsection (a) of this section who will not be eries conservation and management matters. craft, or hovercraft, for any activity de- present at such meeting. (c) CONSULTATION.—The designated official scribed in subparagraphs (A) through (E) ex- (c) ADMINISTRATIVE MATTERS.— shall consult with the Senate Committee on cept for emergencies involving the health (1) EMPLOYMENT STATUS.—Individuals serv- Commerce, Science, and Transportation and and safety of the crew or the safety of a ves- ing as such Commissioners, other than offi- the House Committee on Resources on mat- sel. cers or employees of the United States Gov- ters pertaining to any regional or inter- (7) FISHING VESSEL.—The term ‘‘fishing ernment, shall be considered to be Federal national negotiation concerning living ma- vessel’’ means any vessel used or intended employees while performing such service, rine resources, including shellfish. for use for the purpose of fishing, including only for purposes of— (d) DELEGATION.—The designated official support ships, carrier vessels, and any other (A) injury compensation under chapter 81 may delegate and authorize successive re- vessel directly involved in such fishing oper- of title 5, United States Code; delegation of such functions, powers, and du- ations. (B) requirements concerning ethics, con- ties to such officers and employees of the Na- (8) HIGHLY MIGRATORY FISH STOCKS.—The flicts of interest, and corruption as provided tional Oceanic and Atmospheric Administra- term ‘‘highly migratory fish stocks’’ means under title 18, United States Code; and tion as deemed necessary to discharge the re- all fish stocks of the species listed in Annex (C) any other criminal or civil statute or sponsibility of the Office. 1 of the 1982 Convention, except sauries, oc- regulation governing the conduct of Federal (e) EFFECTIVE DATE.—This section shall curring in the Convention Area, and such employees. take effect on January 1, 2009. other species of fish as the Commission may (2) COMPENSATION.—The United States TITLE V—IMPLEMENTATION OF WESTERN determine. Commissioners or Alternate Commissioners, AND CENTRAL PACIFIC FISHERIES CON- (9) SECRETARY.—The term ‘‘Secretary’’ although officers of the United States while VENTION means the Secretary of Commerce. so serving, shall receive no compensation for SEC. 501. SHORT TITLE. (10) STATE.—The term ‘‘State’’ means each their services as such Commissioners or Al- This title may be cited as the ‘‘Western of the several States of the United States, ternate Commissioners. and Central Pacific Fisheries Convention Im- the District of Columbia, the Commonwealth (3) TRAVEL EXPENSES.— plementation Act’’. of the Northern Mariana Islands, American (A) The Secretary of State shall pay the SEC. 502. DEFINITIONS. Samoa, Guam, and any other common- necessary travel expenses of United States In this title: wealth, territory, or possession of the United Commissioners and Alternate United States (1) 1982 CONVENTION.—The term ‘‘1982 Con- States. Commissioners in accordance with the Fed- vention’’ means the United Nations Conven- (11) TRANSHIPMENT.—The term ‘‘trans- eral Travel Regulations and sections 5701, tion on the Law of the Sea of 10 December shipment’’ means the unloading of all or any 5702, 5704 through 5708, and 5731 of title 5, 1982. of the fish on board a fishing vessel to an- United States Code. (2) AGREEMENT.—The term ‘‘Agreement’’ other fishing vessel either at sea or in port. (B) The Secretary may reimburse the Sec- means the Agreement for the Implementa- (12) WCPFC CONVENTION; WESTERN AND CEN- retary of State for amounts expended by the tion of the Provisions of the United Nations TRAL PACIFIC CONVENTION.—The terms Secretary of State under this subsection. ‘‘WCPFC Convention’’ and ‘‘Western and Convention on the Law of the Sea of 10 De- (d) ADVISORY COMMITTEES.— Central Pacific Convention’’ means the Con- cember 1982 relating to the Conservation and (1) ESTABLISHMENT OF PERMANENT ADVISORY vention on the Conservation and Manage- Management of Straddling Fish Stocks and COMMITTEE.— ment of the Highly Migratory Fish Stocks in Highly Migratory Fish Stocks. (A) MEMBERSHIP.—There is established an the Western and Central Pacific Ocean, (in- (3) COMMISSION.—The term ‘‘Commission’’ advisory committee which shall be composed cluding any annexes, amendments, or proto- means the Commission for the Conservation of— cols which are in force, or have come into and Management of Highly Migratory Fish (i) not less than 15 nor more than 20 indi- force, for the United States) which was Stocks in the Western and Central Pacific viduals appointed by the Secretary of Com- adopted at Honolulu, Hawaii, on September Ocean established in accordance with this merce in consultation with the United 5, 2000, by the Multilateral High Level Con- Convention. States Commissioners, who shall select such ference on the Highly Migratory Fish Stocks (4) CONVENTION AREA.—The term ‘‘conven- individuals from the various groups con- in the Western and Central Pacific Ocean. tion area’’ means all waters of the Pacific cerned with the fisheries covered by the Ocean bounded to the south and to the east SEC. 503. APPOINTMENT OF UNITED STATES WCPFC Convention, providing, to the max- COMMISSIONERS. by the following line: imum extent practicable, an equitable bal- (a) IN GENERAL.—The United States shall From the south coast of Australia due south be represented on the Commission by 5 ance among such groups; along the 141th meridian of east longitude to United States Commissioners. The President (ii) the chair of the Western Pacific Fish- its intersection with the 55th parallel of shall appoint individuals to serve on the ery Management Council’s Advisory Com- south latitude; thence due east along the Commission at the pleasure of the President. mittee or the chair’s designee; and 55th parallel of south latitude to its intersec- In making the appointments, the President (iii) officials of the fisheries management tion with the 150th meridian of east lon- shall select Commissioners from among indi- authorities of American Samoa, Guam, and gitude; thence due south along the 150th me- viduals who are knowledgeable or experi- the Northern Mariana Islands (or their des- ridian of east longitude to its intersection enced concerning highly migratory fish ignees). with the 60th parallel of south latitude; stocks in the Western and Central Pacific (B) TERMS AND PRIVILEGES.—Each member thence due east along the 60th parallel of Ocean, one of whom shall be an officer or em- of the advisory committee appointed under south latitude to its intersection with the ployee of the Department of Commerce, and subparagraph (A) shall serve for a term of 2 130th meridian of west longitude; thence due one of whom shall be the chairman or a years and shall be eligible for reappoint- north along the 130th meridian of west lon- member of the Western Pacific Fishery Man- ment. The advisory committee shall be in- gitude to its intersection with the 4th par- agement Council and the Pacific Fishery vited to attend all non-executive meetings of allel of south latitude; thence due west along Management Council. The Commissioners the United States Commissioners and at the 4th parallel of south latitude to its inter- shall be entitled to adopt such rules of proce- such meetings shall be given opportunity to

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.152 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11525 examine and to be heard on all proposed pro- SEC. 504. AUTHORITY AND RESPONSIBILITY OF the actual costs to the United States of man- grams of investigation, reports, rec- THE SECRETARY OF STATE. agement and enforcement under this title, ommendations, and regulations of the Com- The Secretary of State may— which shall be deposited as an offsetting col- mission. (1) receive and transmit, on behalf of the lection in, and credited to, the account pro- (C) PROCEDURES.—The advisory committee United States, reports, requests, rec- viding appropriations to carry out the func- established by subparagraph (A) shall deter- ommendations, proposals, decisions, and tions of the Secretary under this title; and mine its organization, and prescribe its prac- other communications of and to the Commis- (6) issue permits to owners and operators tices and procedures for carrying out its sion; of United States vessels to fish in the con- functions under this chapter, the Magnuson- (2) in consultation with the Secretary ap- vention area seaward of the United States Stevens Fishery Conservation and Manage- prove, disapprove, object to, or withdraw ob- Exclusive Economic Zone, under such terms ment Act (16 U.S.C. 1801 et seq.), and the jections to bylaws and rules, or amendments and conditions as the Secretary may pre- WCPFC Convention. The advisory committee thereof, adopted by the WCPFC Commission, scribe, and shall remain valid for a period to shall publish and make available to the pub- and, with the concurrence of the Secretary be determined by the Secretary. lic a statement of its organization, practices, to approve or disapprove the general annual (b) CONSISTENCY WITH OTHER LAWS.—The and procedures. A majority of the members program of the WCPFC Commission with re- Secretary shall ensure the consistency, to of the advisory committee shall constitute a spect to conservation and management the extent practicable, of fishery manage- quorum. Meetings of the advisory com- measures and other measures proposed or ment programs administered under this Act, mittee, except when in executive session, adopted in accordance with the WCPFC Con- the Magnuson-Stevens Fishery Conservation shall be open to the public, and prior notice vention; and and Management Act (16 U.S.C. 1801 et seq.), of meetings shall be made public in a timely (3) act upon, or refer to other appropriate the Tuna Conventions Act (16 U.S.C. 951 et fashion. and the advisory committee shall authority, any communication referred to in seq.), the South Pacific Tuna Act (16 U.S.C. not be subject to the Federal Advisory Com- paragraph (1). 973 et seq.), section 401 of Public Law 108–219 mittee Act (5 U.S.C. App.). SEC. 505. RULEMAKING AUTHORITY OF THE SEC- (16 U.S.C. 1821 note) (relating to Pacific alba- (D) PROVISION OF INFORMATION.—The Sec- RETARY OF COMMERCE. core tuna), and the Atlantic Tunas Conven- retary and the Secretary of State shall fur- (a) PROMULGATION OF REGULATIONS.—The tion Act (16 U.S.C. 971). nish the advisory committee with relevant Secretary, in consultation with the Sec- (c) ACTIONS BY THE SECRETARY.—The Sec- information concerning fisheries and inter- retary of State and, with respect to enforce- retary shall prevent any person from vio- national fishery agreements. ment measures, the Secretary of the Depart- lating this title in the same manner, by the (2) ADMINISTRATIVE MATTERS.— ment in which the Coast Guard is operating, same means, and with the same jurisdiction, (A) SUPPORT SERVICES.—The Secretary is authorized to promulgate such regulations powers, and duties as though all applicable shall provide to advisory committees in a as may be necessary to carry out the United terms and provisions of the Magnuson-Ste- timely manner such administrative and States international obligations under the vens Fishery Conservation and Management technical support services as are necessary WCPFC Convention and this title, including Act (16 U.S.C. 1857) were incorporated into for their effective functioning. recommendations and decisions adopted by and made a part of this title. Any person (B) COMPENSATION; STATUS; EXPENSES.—In- the Commission. In cases where the Sec- that violates any provision of this title is dividuals appointed to serve as a member of retary has discretion in the implementation subject to the penalties and entitled to the an advisory committee— of one or more measures adopted by the privileges and immunities provided in the (i) shall serve without pay, but while away Commission that would govern fisheries Magnuson-Stevens Fishery Conservation and from their homes or regular places of busi- under the authority of a Regional Fishery Management Act in the same manner, by the ness in the performance of services for the Management Council, the Secretary may, to same means, and with the same jurisdiction, advisory committee shall be allowed travel the extent practicable within the implemen- power, and duties as though all applicable expenses, including per diem in lieu of sub- tation schedule of the WCPFC Convention terms and provisions of that Act were incor- sistence, in the same manner as persons em- and any recommendations and decisions porated into and made a part of this title. ployed intermittently in the Government adopted by the Commission, promulgate (d) CONFIDENTIALITY.— service are allowed expenses under section such regulations in accordance with the pro- (1) IN GENERAL.—Any information sub- 5703 of title 5, United States Code; and cedures established by the Magnuson-Ste- mitted to the Secretary in compliance with (ii) shall be considered Federal employees vens Fishery Conservation and Management any requirement under this Act shall be con- while performing service as members of an Act (16 U.S.C. 1801 et seq.). fidential and shall not be disclosed, except— advisory committee only for purposes of— (b) ADDITIONS TO FISHERY REGIMES AND (A) to Federal employees who are respon- (I) injury compensation under chapter 81 of REGULATIONS.—The Secretary may promul- sible for administering, implementing, and title 5, United States Code; gate regulations applicable to all vessels and enforcing this Act; (II) requirements concerning ethics, con- persons subject to the jurisdiction of the (B) to the Commission, in accordance with flicts-of-interest, and corruption, as provided United States, including United States flag requirements in the Convention and deci- by title 18, United States Code; and vessels wherever they may be operating, on sions of the Commission, and, insofar as pos- (III) any other criminal or civil statute or such date as the Secretary shall prescribe. sible, in accordance with an agreement with regulation governing the conduct of Federal SEC. 506. ENFORCEMENT. the Commission that prevents public disclo- employees in their capacity as Federal em- (a) IN GENERAL.—The Secretary may— sure of the identity or business of any per- ployees. (1) administer and enforce this title and son; (f) MEMORANDUM OF UNDERSTANDING.—For any regulations issued under this title, ex- (C) to State or Marine Fisheries Commis- highly migratory species in the Pacific, the cept to the extent otherwise provided for in sion employees pursuant to an agreement Secretary, in coordination with the Sec- this Act; with the Secretary that prevents public dis- (2) request and utilize on a reimbursed or closure of the identity or business or any retary of State, shall develop a memorandum non-reimbursed basis the assistance, serv- person; of understanding with the Western Pacific, ices, personnel, equipment, and facilities of (D) when required by court order; or Pacific, and North Pacific Fishery Manage- other Federal departments and agencies in— (E) when the Secretary has obtained writ- ment Councils, that clarifies the role of the (A) the administration and enforcement of ten authorization from the person submit- relevant Council or Councils with respect this title; and ting such information to release such infor- to— (B) the conduct of scientific, research, and mation to persons for reasons not otherwise (1) participation in United States delega- other programs under this title; provided for in this subsection, and such re- tions to international fishery organizations (3) conduct fishing operations and biologi- lease does not violate other requirements of in the Pacific Ocean, including government- cal experiments for purposes of scientific in- this Act. to-government consultations; vestigation or other purposes necessary to (2) USE OF INFORMATION.—The Secretary (2) providing formal recommendations to implement the WCPFC Convention; shall, by regulation, prescribe such proce- the Secretary and the Secretary of State re- (4) collect, utilize, and disclose such infor- dures as may be necessary to preserve the garding necessary measures for both domes- mation as may be necessary to implement confidentiality of information submitted in tic and foreign vessels fishing for these spe- the WCPFC Convention, subject to sections compliance with any requirement or regula- cies; 552 and 552a of title 5, United States Code, tion under this Act, except that the Sec- (3) coordinating positions with the United and section 402(b) of the Magnuson-Stevens retary may release or make public any such States delegation for presentation to the ap- Fishery Conservation and Management Act information in any aggregate or summary propriate international fishery organization; (16 U.S.C. 1881a(b)); form that does not directly or indirectly dis- and (5) if recommended by the United States close the identity or business of any person. (4) recommending those domestic fishing Commissioners or proposed by a Council Nothing in this subsection shall be inter- regulations that are consistent with the ac- with authority over the relevant fishery, as- preted or construed to prevent the use for tions of the international fishery organiza- sess and collect fees, not to exceed three per- conservation and management purposes by tion, for approval and implementation under cent of the ex-vessel value of fish harvested the Secretary of any information submitted the Magnuson-Stevens Fishery Conservation by vessels of the United States in fisheries in compliance with any requirement or regu- and Management Act (16 U.S.C. 1801 et seq.) managed pursuant to this title, to recover lation under this Act.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.152 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11526 CONGRESSIONAL RECORD — SENATE December 7, 2006 SEC. 507. PROHIBITED ACTS. SEC. 508. COOPERATION IN CARRYING OUT CON- SEC. 510. EXCLUSIVE ECONOMIC ZONE NOTIFICA- VENTION. TION. (a) IN GENERAL.—It is unlawful for any per- (a) FEDERAL AND STATE AGENCIES; PRIVATE Masters of commercial fishing vessels of son— INSTITUTIONS AND ORGANIZATIONS.—The Sec- nations fishing for species under the manage- (1) to violate any provision of this title or retary may cooperate with agencies of the ment authority of the Western and Central any regulation or permit issued pursuant to United States government, any public or pri- Pacific Fisheries Convention that do not this title; vate institutions or organizations within the carry vessel monitoring systems capable of (2) to use any fishing vessel to engage in United States or abroad, and, through the communicating with United States enforce- fishing after the revocation, or during the Secretary of State, the duly authorized offi- ment authorities shall, prior to, or as soon as period of suspension, on an applicable permit cials of the government of any party to the reasonably possible after, entering and issued pursuant to this title; WCPFC Convention, in carrying out respon- transiting the Exclusive Economic Zone sea- (3) to refuse to permit any officer author- sibilities under this title. ward of Hawaii and of the Commonwealths, ized to enforce the provisions of this title to (b) SCIENTIFIC AND OTHER PROGRAMS; FA- territories, and possessions of the United board a fishing vessel subject to such per- CILITIES AND PERSONNEL.—All Federal agen- States in the Pacific Ocean area— son’s control for the purposes of conducting cies are authorized, upon the request of the (1) notify the United States Coast Guard or any search, investigation, or inspection in Secretary, to cooperate in the conduct of sci- the National Marine Fisheries Service Office entific and other programs and to furnish fa- connection with the enforcement of this title of Law Enforcement in the appropriate re- cilities and personnel for the purpose of as- or any regulation, permit, or the Conven- gion of the name, flag state, location, route, sisting the Commission in carrying out its tion; and destination of the vessel and of the cir- duties under the WCPFC Convention. (4) to forcibly assault, resist, oppose, im- cumstances under which it will enter United (c) SANCTIONED FISHING OPERATIONS AND pede, intimidate, or interfere with any such States waters; authorized officer in the conduct of any BIOLOGICAL EXPERIMENTS.—Nothing in this title, or in the laws or regulations of any (2) ensure that all fishing gear on board the search, investigations, or inspection in con- vessel is stowed below deck or otherwise re- nection with the enforcement of this title or State, prevents the Secretary or the Com- mission from— moved from the place where it is normally any regulation, permit, or the Convention; used for fishing and placed where it is not (5) to resist a lawful arrest for any act pro- (1) conducting or authorizing the conduct of fishing operations and biological experi- readily available for fishing; and hibited by this title; ments at any time for purposes of scientific (3) where requested by an enforcement offi- (6) to ship, transport, offer for sale, sell, investigation; or cer, proceed to a specified location so that a purchase, import, export, or have custody, (2) discharging any other duties prescribed vessel inspection can be conducted. control, or possession of, any fish taken or by the WCPFC Convention. SEC. 511. AUTHORIZATION OF APPROPRIATIONS. retained in violation of this title or any reg- (d) STATE JURISDICTION NOT AFFECTED.— There are authorized to be appropriated to ulation, permit, or agreement referred to in Except as provided in subsection (e) of this the Secretary of Commerce such sums as paragraph (1) or (2); section, nothing in this title shall be con- may be necessary to carry out this title and (7) to interfere with, delay, or prevent, by strued to diminish or to increase the juris- to pay the United States’ contribution to the any means, the apprehension or arrest of an- diction of any State in the territorial sea of Commission under section 5 of part III of the other person, knowing that such other per- the United States. WCPFC Convention. son has committed any chapter prohibited (e) APPLICATION OF REGULATIONS— TITLE VI—PACIFIC WHITING by this section; (1) IN GENERAL.—Regulations promulgated (8) to knowingly and willfully submit to under section 506(a) of this title shall apply SEC. 601. SHORT TITLE. the Secretary false information (including within the boundaries of any State bordering This title may be cited as the ‘‘Pacific false information regarding the capacity and on the Convention area if the Secretary has Whiting Act of 2006’’. extent to which a United States fish proc- provided notice to such State, the State does SEC. 602. DEFINITIONS. essor, on an annual basis, will process a por- not request an agency hearing, and the Sec- In this title: tion of the optimum yield of a fishery that retary determines that the State— (1) ADVISORY PANEL.—The term ‘‘advisory will be harvested by fishery vessels of the (A) has not, within a reasonable period of panel’’ means the Advisory Panel on Pacific United States), regarding any matter that time after the promulgation of regulations Hake/Whiting established by the Agreement. the Secretary is considering in the course of pursuant to this title, enacted laws or pro- (2) AGREEMENT.—The term ‘‘Agreement’’ carrying out this title; mulgated regulations that implement the means the Agreement between the Govern- (9) to forcibly assault, resist, oppose, im- recommendations of the Commission within ment of the United States and the Govern- pede, intimidate, sexually harass, bribe, or the boundaries of such State; or ment of Canada on Pacific Hake/Whiting, interfere with any observer on a vessel under (B) has enacted laws or promulgated regu- signed at Seattle, Washington, on November this title, or any data collector employed by lations that implement the recommenda- 21, 2003. the National Marine Fisheries Service or tions of the commission within the bound- (3) CATCH.—The term ‘‘catch’’ means all under contract to any person to carry out re- aries of such State that— fishery removals from the offshore whiting sponsibilities under this title; (i) are less restrictive that the regulations resource, including landings, discards, and (10) to engage in fishing in violation of any promulgated under section 506(a) of this bycatch in other fisheries. regulation adopted pursuant to section 506(a) title; or (4) JOINT MANAGEMENT COMMITTEE.—The of this title; (ii) are not effectively enforced. term ‘‘joint management committee’’ means (11) to ship, transport, purchase, sell, offer (2) DETERMINATION BY SECRETARY.—The the joint management committee estab- for sale, import, export, or have in custody, regulations promulgated pursuant to section lished by the Agreement. possession, or control any fish taken or re- 506(a) of this title shall apply until the Sec- (5) JOINT TECHNICAL COMMITTEE.—The term tained in violation of such regulations; retary determines that the State is effec- ‘‘joint technical committee’’ means the joint (12) to fail to make, keep, or furnish any tively enforcing within its boundaries meas- technical committee established by the catch returns, statistical records, or other ures that are not less restrictive than the Agreement. reports as are required by regulations adopt- regulations promulgated under section 506(a) (6) OFFSHORE WHITING RESOURCE.—The term ed pursuant to this title to be made, kept, or of this title. ‘‘offshore whiting resource’’ means the furnished; (3) HEARING.—If a State requests a formal transboundary stock of Merluccius productus (13) to fail to stop a vessel upon being agency hearing, the Secretary shall not that is located in the offshore waters of the hailed and instructed to stop by a duly au- apply the regulations promulgated pursuant United States and Canada except in Puget thorized official of the United States; or section 506(a) of this title within that State’s Sound and the Strait of Georgia. (14) to import, in violation of any regula- boundaries unless the hearing record sup- (7) SCIENTIFIC REVIEW GROUP.—The term tion adopted pursuant to section 506(a) of ports a determination under paragraph (1)(A) ‘‘scientific review group’’ means the sci- this title, any fish in any form of those spe- or (B). entific review group established by the cies subject to regulation pursuant to a rec- (f) REVIEW OF STATE LAWS AND REGULA- Agreement. ommendation, resolution, or decision of the TIONS.—To ensure that the purposes of sub- (8) SECRETARY.—The term ‘‘Secretary’’ Commission, or any tuna in any form not section (e) are carried out, the Secretary means the Secretary of Commerce. under regulation but under investigation by shall undertake a continuing review of the (9) UNITED STATES SECTION.—The term the Commission, during the period such fish laws and regulations of all States to which ‘‘United States Section’’ means the United have been denied entry in accordance with subsection (e) applies or may apply and the States representatives on the joint manage- the provisions of section 506(a) of this title. extent to which such laws and regulations ment committee. are enforced. SEC. 603. UNITED STATES REPRESENTATION ON (b) ENTRY CERTIFICATION.—In the case of SEC. 509. TERRITORIAL PARTICIPATION. JOINT MANAGEMENT COMMITTEE. any fish described in subsection (a) offered The Secretary of State shall ensure par- (a) REPRESENTATIVES.— for entry into the United States, the Sec- ticipation in the Commission and its sub- (1) IN GENERAL.—The Secretary, in con- retary of Commerce shall require proof satis- sidiary bodies by American Samoa, Guam, sultation with the Secretary of State, shall factory to the Secretary that such fish is not and the Northern Mariana Islands to the appoint 4 individuals to represent the United ineligible for such entry under the terms of same extent provided to the territories of States as the United States Section on the section 506(a) of this title. other nations. joint management committee. In making the

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.152 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11527 appointments, the Secretary shall select rep- pointed for a term of not to exceed 4 years, to the catch level for any year, the Secretary resentatives from among individuals who are but shall be eligible for reappointment. An shall establish the total allowable catch for knowledgeable or experienced concerning the individual appointed to fill a vacancy occur- Pacific whiting for the United States catch. offshore whiting resource. Of these— ring prior to the expiration of the term of of- In establishing the total allowable catch (A) 1 shall be an official of the National fice of that individual’s predecessor shall be under this subsection, the Secretary shall— Oceanic and Atmospheric Administration; appointed for the remainder of that term. (1) take into account any recommenda- (B) 1 shall be a member of the Pacific Fish- (b) INDEPENDENT MEMBER.—In addition to tions from the Pacific Fishery Management ery Management Council, appointed with individuals appointed under subsection (a), Council, the joint management committee, consideration given to any recommendation the Secretary, jointly with the Government the joint technical committee, the scientific provided by that Council; of Canada, shall appoint 1 independent mem- review group, and the advisory panel; (C) 1 shall be appointed from a list sub- ber to the joint technical committee selected (2) base the total allowable catch on the mitted by the treaty Indian tribes with trea- from a list of names provided by the advisory best scientific information available; ty fishing rights to the offshore whiting re- panel. (3) use the default harvest rate set out in source; and SEC. 606. UNITED STATES REPRESENTATION ON paragraph 1 of Article III of the Agreement (D) 1 shall be appointed from the commer- ADVISORY PANEL. unless the Secretary determines that the sci- cial sector of the whiting fishing industry (a) IN GENERAL.— entific evidence demonstrates that a dif- concerned with the offshore whiting re- (1) APPOINTMENT.—The Secretary, in con- ferent rate is necessary to sustain the off- source. sultation with the Secretary of State, shall shore whiting resource; and (2) TERM OF OFFICE.—Each representative appoint at least 6 but not more than 12 indi- (4) establish the United State’s share of the appointed under paragraph (1) shall be ap- viduals to serve as members of the advisory total allowable catch based on paragraph 2 of pointed for a term not to exceed 4 years, ex- panel, selected from among individuals who Article III of the Agreement and make any cept that, of the initial appointments, 2 rep- are— adjustments necessary under section 5 of Ar- resentatives shall be appointed for terms of 2 (A) knowledgeable or experienced in the ticle II of the Agreement. years. Any individual appointed to fill a va- harvesting, processing, marketing, manage- SEC. 609. ADMINISTRATIVE MATTERS. cancy occurring prior to the expiration of ment, conservation, or research of the off- (a) EMPLOYMENT STATUS.—Individuals ap- the term of office of that individual’s prede- shore whiting resource; and pointed under section 603, 604, 605, or 606 of cessor shall be appointed for the remainder (B) not employees of the United States. this title who are serving as such Commis- of that term. A representative may be ap- (2) TERM OF OFFICE.—An individual ap- sioners, other than officers or employees of pointed for a term of less than 4 years if such pointed under paragraph (1) shall be ap- the United States Government, shall be con- term is necessary to ensure that the term of pointed for a term of not to exceed 4 years, sidered to be Federal employees while per- office of not more than 2 representatives will but shall be eligible for reappointment. An forming such service, only for purposes of— expire in any single year. An individual ap- individual appointed to fill a vacancy occur- (1) injury compensation under chapter 81 of pointed to serve as a representative is eligi- ring prior to the expiration of the term of of- title 5, United States Code; ble for reappointment. fice of that individual’s predecessor shall be (2) requirements concerning ethics, con- (3) CHAIR.—Unless otherwise agreed by all appointed for the remainder of that term. flicts of interest, and corruption as provided of the 4 representatives, the chair shall ro- SEC. 607. RESPONSIBILITIES OF THE SECRETARY. under title 18, United States Code; and tate annually among the 4 members, with (a) IN GENERAL.—The Secretary is respon- (3) any other criminal or civil statute or the order of rotation determined by lot at sible for carrying out the Agreement and regulation governing the conduct of Federal the first meeting. this title, including the authority, to be ex- employees. (b) ALTERNATE REPRESENTATIVES.—The ercised in consultation with the Secretary of (b) COMPENSATION.— Secretary, in consultation with the Sec- State, to accept or reject, on behalf of the (1) IN GENERAL.—Except as provided in retary of State, may designate alternate rep- United States, recommendations made by paragraph (2), an individual appointed under resentatives of the United States to serve on the joint management committee. this title shall receive no compensation for the joint management committee. An alter- (b) REGULATIONS; COOPERATION WITH CANA- the individual’s service as a representative, native representative may exercise, at any DIAN OFFICIALS.—In exercising responsibil- alternate representative, scientific expert, or meeting of the committee, all the powers ities under this title, the Secretary— advisory panel member under this title. and duties of a representative in the absence (1) may promulgate such regulations as (2) SCIENTIFIC REVIEW GROUP.—Notwith- of a duly designated representative for what- may be necessary to carry out the purposes standing paragraph (1), the Secretary may ever reason. and objectives of the Agreement and this employ and fix the compensation of an indi- SEC. 604. UNITED STATES REPRESENTATION ON title; and vidual appointed under section 604(a) to THE SCIENTIFIC REVIEW GROUP. (2) with the concurrence of the Secretary serve as a scientific expert on the scientific (a) IN GENERAL.—The Secretary, in con- of State, may cooperate with officials of the review group who is not employed by the sultation with the Secretary of State, shall Canadian Government duly authorized to United States government, a State govern- appoint no more than 2 scientific experts to carry out the Agreement. ment, or an Indian tribal government in ac- serve on the scientific review group. An indi- SEC. 608. RULEMAKING. cordance with section 3109 of title 5, United vidual shall not be eligible to serve on the (a) APPLICATION WITH MAGNUSON-STEVENS States Code. scientific review group while serving on the ACT.—The Secretary shall establish the (c) TRAVEL EXPENSES.—Except as provided joint technical committee. United States catch level for Pacific whiting in subsection (d), the Secretary shall pay the (b) TERM.—An individual appointed under according to the standards and procedures of necessary travel expenses of individuals ap- subsection (a) shall be appointed for a term the Agreement and this title rather than pointed under this title in accordance with of not to exceed 4 years, but shall be eligible under the standards and procedures of the the Federal Travel Regulations and sections for reappointment. An individual appointed Magnuson-Stevens Fishery Conservation and 5701, 5702, 5704 through 5708, and 5731 of title to fill a vacancy occurring prior to the expi- Management Act (16 U.S.C. 1801 et seq.), ex- 5, United States Code. ration of a term of office of that individual’s cept to the extent necessary to address the (d) JOINT APPOINTEES.—With respect to the predecessor shall be appointed to serve for rebuilding needs of other species. Except for 2 independent members of the scientific re- the remainder of that term. establishing the catch level, all other as- view group and the 2 public advisors to the (c) JOINT APPOINTMENTS.—In addition to pects of Pacific whiting management shall scientific review group jointly appointed individuals appointed under subsection (a), be— under section 604(c), and the 1 independent the Secretary, jointly with the Government (1) subject to the Magnuson-Stevens Fish- member to the joint technical committee of Canada, may appoint to the scientific re- ery Conservation and Management Act; and jointly appointed under section 605(b), the view group, from a list of names provided by (2) consistent with this title. Secretary may pay up to 50 percent of— the advisory panel — (b) JOINT MANAGEMENT COMMITTEE REC- (1) any compensation paid to such individ- (1) up to 2 independent members of the sci- OMMENDATIONS.—For any year in which both uals; and entific review group; and parties to the Agreement approve rec- (2) the necessary travel expenses of such (2) 2 public advisors. ommendations made by the joint manage- individuals. SEC. 605. UNITED STATES REPRESENTATION ON ment committee with respect to the catch SEC. 610. ENFORCEMENT. JOINT TECHNICAL COMMITTEE. level, the Secretary shall implement the ap- (a) IN GENERAL.—The Secretary may— (a) SCIENTIFIC EXPERTS.— proved recommendations. Any regulation (1) administer and enforce this title and (1) IN GENERAL.—The Secretary, in con- promulgated by the Secretary to implement any regulations issued under this title; sultation with the Secretary of State, shall any such recommendation shall apply, as (2) request and utilize on a reimbursed or appoint at least 6 but not more than 12 indi- necessary, to all persons and all vessels sub- non-reimbursed basis the assistance, serv- viduals to serve as scientific experts on the ject to the jurisdiction of the United States ices, personnel, equipment, and facilities of joint technical committee, at least 1 of wherever located. other Federal departments and agencies in whom shall be an official of the National (c) YEARS WITH NO APPROVED CATCH REC- the administration and enforcement of this Oceanic and Atmospheric Administration. OMMENDATIONS.—If the parties to the Agree- title; and (2) TERM OF OFFICE.—An individual ap- ment do not approve the joint management (3) collect, utilize, and disclose such infor- pointed under paragraph (1) shall be ap- committee’s recommendation with respect mation as may be necessary to implement

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.152 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11528 CONGRESSIONAL RECORD — SENATE December 7, 2006 the Agreement and this title, subject to sec- shellfish from covered tidelands owned or the amount of $1,500,000 into the Special tions 552 and 552a of title 5, United States leased by the growers; Holding Account in fiscal year 2011 at such Code. (E) the settlement agreement does not pro- time as such funds are appropriated pursuant (b) PROHIBITED ACTS.—It is unlawful for vide for resolution of any claims to take to this section. any person to violate any provision of this shellfish from lands owned or leased by the (B) The Special Holding Account shall be title or the regulations promulgated under growers that potentially may be brought in maintained and invested by the Secretary of this title. the future by other Tribes; the Interior pursuant to the Act of June 24, (c) ACTIONS BY THE SECRETARY.—The Sec- (F) in the absence of congressional actions, 1938, (25 U.S.C. 162a) until such time as all retary shall prevent any person from vio- the prospect of other Tribes claims to take monies are transferred from the Special lating this title in the same manner, by the shellfish from lands owned or leased by the Holding Account. same means, and with the same jurisdiction, growers could be pursued through the courts, (C) If a court of competent jurisdiction powers, and duties as though all applicable a process which in all likelihood could con- renders a final decision declaring that any of terms and provisions of the Magnuson-Ste- sume many years and thereby promote un- the other Tribes has an established treaty vens Fishery Conservation and Management certainty in the State of Washington and the right to take or harvest shellfish in covered Act (16 U.S.C. 1857) were incorporated into growers and to the ultimate detriment of tidelands, as that term is defined in the set- and made a part of this title. Any person both the Tribes and other Tribes and their tlement agreement, and such tribe opts to that violates any provision of this title is members; accept a share of the Special Holding Ac- subject to the penalties and entitled to the (G) in order to avoid this uncertainty, it is count, rather than litigate this claim privileges and immunities provided in the the intent of Congress that other Tribes have against the growers, the Secretary shall Magnuson-Stevens Fishery Conservation and the option of resolving their claims, if any, transfer the appropriate share of the monies Management Act in the same manner, by the to a treaty right to take shellfish from cov- held in the Special Holding Account to each same means, and with the same jurisdiction, ered tidelands owned or leased by the grow- such tribe of the other Tribes in the amounts power, and duties as though all applicable ers; and appropriate to compensate the other Tribes terms and provisions of that Act were incor- (H) this Act represents a good faith effort in the same manner and for the same pur- porated into and made a part of this title. on the part of Congress to extend to other poses as the Tribes who are signatory to the (d) PENALTIES.—This title shall be enforced Tribes the same fair and just option of re- settlement agreement. Such a transfer to a by the Secretary as if a violation of this title solving their claims to take shellfish from tribe shall constitute full and complete sat- or of any regulation promulgated by the Sec- covered tidelands owned or leased by the isfaction of that tribe’s claims to shellfish on retary under this title were a violation of growers that the Tribes have agreed to in the the covered tidelands. section 307 of the Magnuson-Stevens Fishery settlement agreement. (D) The Secretary may retain such Conservation and Management Act (16 U.S.C. (2) PURPOSE.—The purposes of this section amounts of the Special Holding Account as 1857). are— necessary to provide for additional tribes (A) to approve, ratify, and confirm the set- that may judicially establish their rights to SEC. 611. AUTHORIZATION OF APPROPRIATIONS. tlement agreement entered into by and take shellfish in the covered tidelands with- There are authorized to be appropriated to among the Tribes, commercial shellfish in the term of that Account, provided that the Secretary such sums as may be nec- growers, the State of Washington, and the the Secretary pays the remaining balance to essary to carry out the obligations of the United States; the other Tribes prior to the expiration of United States under the Agreement and this (B) to provide other Tribes with a fair and the term of the Special Holding Account. title. just resolution of any claims to take shell- (E) The Tribes shall have no interest, TITLE VII—MISCELLANEOUS fish from covered tidelands, as that term is possessory or otherwise, in the Special Hold- SEC. 701. STUDY OF THE ACIDIFICATION OF THE defined in the settlement agreement, that ing Account. OCEANS AND EFFECT ON FISHERIES. potentially could be brought in the future by (F) Twenty years after the deposit of funds The Secretary of Commerce shall request other Tribes; and into the Special Holding Account, the Sec- the National Research Council to conduct a (C) to authorize the Secretary to imple- retary shall close the Account and transfer study of the acidification of the oceans and ment the terms and conditions of the settle- the balance of any funds held in the Special how this process affects the United States. ment agreement and this section. Holding Account at that time to the Treas- (b) APPROVAL OF SETTLEMENT AGREE- SEC. 702. RULE OF CONSTRUCTION. ury. However, the Secretary may continue to MENT.— maintain the Special Holding Account in (a) IN GENERAL.—Title VI of Public Law (1) IN GENERAL.—The settlement agreement 109–295is amended by adding at the end the order to resolve the claim of an Other Tribe is hereby approved, ratified, and confirmed, following: that has notified the Secretary in writing and section 6 of the settlement agreement, within the 20-year term of that Tribe’s inter- ‘‘SEC. 699A. RULE OF CONSTRUCTION. Release of Claims, is specifically adopted and est in resolving its claim in the manner pro- ‘‘Nothing in this title, including the incorporated into this section as if fully set vided for in this section. amendments made by this title, may be con- forth herein. (G) It is the intent of Congress that the strued to reduce or otherwise limit the au- (2) AUTHORIZATION FOR IMPLEMENTATION.— other Tribes, if any, shall have the option of thority of the Department of Commerce or The Secretary is hereby authorized to imple- agreeing to similar rights and responsibil- the Federal Communications Commission.’’. ment the terms and conditions of the settle- ities as the Tribes that are signatories to the (b) EFFECTIVE DATE.—The amendment ment agreement in accordance with the set- settlement agreement, if they opt not to liti- made by this section shall take effect as tlement agreement and this section. gate against the growers. though enacted as part of the Department of (c) FUND, SPECIAL HOLDING ACCOUNT, AND (3) ANNUAL REPORT.—Each tribe of the Homeland Security Appropriations Act, 2007 CONDITIONS.— Tribes, or any of the other Tribes accepting (Public Law 109–295). (1) PUGET SOUND REGIONAL SHELLFISH SET- a settlement of its claims to shellfish on cov- SEC. 703. PUGET SOUND REGIONAL SHELLFISH TLEMENT TRUST FUND.— ered lands pursuant to paragraph (2)(C), shall SETTLEMENT. (A) There is hereby established in the submit to the Secretary an annual report (a) FINDINGS AND PURPOSE.— Treasury of the United States an account to that describes all expenditures made with (1) Findings.—Congress finds that— be designated as the ‘‘Puget Sound Regional monies withdrawn from the Fund or Special (A) the Tribes have established treaty Shellfish Settlement Trust Fund’’. The Sec- Holding Account during the year covered by rights to take shellfish from public and pri- retary shall deposit funds in the amount of the report. vate tidelands in Washington State, includ- $22,000,000 at such time as appropriated pur- (4) JUDICIAL AND ADMINISTRATIVE ACTION.— ing from some lands owned, leased, or other- suant to this section into the Fund. The Secretary may take judicial or adminis- wise subject to harvest by commercial shell- (B) The Fund shall be maintained and in- trative action to ensure that any monies fish growers; vested by the Secretary of the Interior pur- withdrawn from the Fund or Special Holding (B) the district court that adjudicated the suant to the Act of June 24, 1938, (25 U.S.C. Account are used in accordance with the pur- Tribes’ treaty rights to take shellfish found 162a) until such time as all monies are trans- poses described in the settlement agreement that the growers are innocent purchasers ferred from the Fund. and this section. who had no notice of the Tribes’ fishing right (C) The Secretary shall transfer monies (5) CLARIFICATION OF TRUST RESPONSI- when they acquired their properties; held in the Fund to each Tribe of the Tribes BILITY.—Beginning on the date that monies (C) numerous unresolved issues remain in the amounts and manner specified by and are transferred to a tribe of the Tribes or a outstanding regarding implementation of in accordance with the payment agreement tribe of the other Tribes pursuant to this the Tribes’ treaty right to take shellfish established pursuant to the settlement section, any trust responsibility or liability from lands owned, leased, or otherwise sub- agreement and this section. of the United States with respect to the ex- ject to harvest by the growers; (2) Puget sound regional shellfish settle- penditure or investment of the monies with- (D) the Tribes, the growers, the State of ment special holding account.— drawn shall cease. Washington, and the United States Depart- (A) There is hereby established in the (d) STATE OF WASHINGTON PAYMENT.—The ment of the Interior have resolved by a set- Treasury of the United States a fund to be Secretary shall not be accountable for nor tlement agreement many of the disputes be- designated as the ‘‘Puget Sound Regional incur any liability for the collection, de- tween and among them regarding implemen- Shellfish Settlement Special Holding Ac- posit, management or nonpayment of the tation of the Tribes’ treaty right to take count’’. The Secretary shall deposit funds in State of Washington payment of $11,000,000

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to the Tribes pursuant to the settlement (6) TRIBES.—The term ‘‘Tribes’’ means the forecasting, and warning requirements of agreement. following federally recognized Tribes that this title; (e) RELEASE OF OTHER TRIBES CLAIMS.— executed the settlement agreement: Tulalip, (4) provide tsunami forecasting capability (1) RIGHT TO BRING ACTIONS.—As of the date Stillaguamish, Sauk Suiattle, Puyallup, based on models and measurements, includ- of enactment of this section, all right of any Squaxin Island, Makah, Muckleshoot, Upper ing tsunami inundation models and maps for other Tribes to bring an action to enforce or Skagit, Nooksack, Nisqually, Skokomish, use in increasing the preparedness of com- exercise its treaty rights to take shellfish Port Gamble S’Klallam, Lower Elwha munities, including through the from public and private tidelands in Wash- Klallam, Jamestown S’Klallam, and TsunamiReady program; ington State, including from some lands Suquamish Tribes, the Lummi Nation, and (5) maintain data quality and management owned, leased, or otherwise subject to har- the Swinomish Indian Tribal Community. systems to support the requirements of the vest by any and all growers shall be deter- (7) SPECIAL HOLDING ACCOUNT.—The term program; mined in accordance with the decisions of ‘‘Special Holding Account’’ means the Puget (6) include a cooperative effort among the the Courts of the United States in United Sound Shellfish Settlement Special Holding Administration, the United States Geologi- States v. Washington, Civ. No. 9213 (Western Account established by this section. cal Survey, and the National Science Foun- District of Washington). (h) AUTHORIZATION OF APPROPRIATIONS.— dation under which the Geological Survey (2) CERTAIN RIGHTS GOVERNED BY THIS SEC- There are authorized to be appropriated and the National Science Foundation shall TION.—If a tribe falling within the other $23,500,000 to carry out this section— provide rapid and reliable seismic informa- Tribes category opts to resolve its claims to (A) $2,000,000 for fiscal year 2007; tion to the Administration from inter- take shellfish from covered tidelands owned (B) $5,000,000 for each of fiscal years 2008 national and domestic seismic networks; or leased by the growers pursuant to sub- through 2010; and (7) provide a capability for the dissemina- section (c)(2)(C) of this section, that tribe’s (C) $6,500,000 for fiscal year 2011. tion of warnings to at-risk States and tsu- rights shall be governed by this section, as nami communities through rapid and reli- TITLE VIII—TSUNAMI WARNING AND able notification to government officials and well as by the decisions of the Courts in EDUCATION United States v. Washington, Civ. No. 9213. the public, including utilization of and co- SEC. 801. SHORT TITLE. ordination with existing Federal warning (3) NO BREACH OF TRUST.—Notwithstanding This title may be cited as the ‘‘Tsunami whether the United States has a duty to ini- systems, including the National Oceanic and Warning and Education Act’’. tiate such an action, the failure or declina- Atmospheric Administration Weather Radio tion by the United States to initiate any ac- SEC. 802. DEFINITIONS. All Hazards Program; tion to enforce any other Tribe’s or other In this title: (8) allow, as practicable, for integration of tsunami detection technologies with other Tribes’ treaty rights to take shellfish from (1) The term ‘‘Administration’’ means the environmental observing technologies; and public and private tidelands in Washington National Oceanic and Atmospheric Adminis- (9) include any technology the Adminis- State, including from covered tidelands tration. trator considers appropriate to fulfill the ob- owned, leased, or otherwise subject to har- (2) The term ‘‘Administrator’’ means the jectives of the program under this section. vest by any and all growers shall not con- Administrator of the National Oceanic and Atmospheric Administration. (c) SYSTEM AREAS.—The program under stitute a breach of trust by the United this section shall operate— States or be compensable to other Tribes. SEC. 803. PURPOSES. (1) a Pacific tsunami warning system capa- (f) CAUSE OF ACTION.—If any payment by The purposes of this title are— ble of forecasting tsunami anywhere in the the United States is not paid in the amount (1) to improve tsunami detection, fore- Pacific and Arctic Ocean regions and pro- or manner specified by this section, or is not casting, warnings, notification, outreach, viding adequate warnings; and paid within 6 months after the date specified and mitigation to protect life and property (2) an Atlantic Ocean, Caribbean Sea, and by the settlement agreement, such failure in the United States; Gulf of Mexico tsunami warning system ca- shall give rise to a cause of action by the (2) to enhance and modernize the existing pable of forecasting tsunami and providing Tribes either individually or collectively Pacific Tsunami Warning System to increase adequate warnings in areas of the Atlantic against the United States for money dam- coverage, reduce false alarms, and increase Ocean, Caribbean Sea, and Gulf of Mexico ages for the amount authorized but not paid the accuracy of forecasts and warnings, and that are determined— to the Tribes, and the Tribes, either individ- to expand detection and warning systems to (A) to be geologically active, or to have ually or collectively, are authorized to bring include other vulnerable States and United significant potential for geological activity; an action against the United States in the States territories, including the Atlantic and United States Court of Federal Claims for Ocean, Caribbean Sea, and Gulf of Mexico (B) to pose significant risks of tsunami for such funds plus interest. areas; States along the coastal areas of the Atlan- (g) DEFINITIONS.—In this section: (3) to improve mapping, modeling, re- tic Ocean, Caribbean Sea, or Gulf of Mexico. (1) FUND.—The term ‘‘Fund’’ means the search, and assessment efforts to improve (d) TSUNAMI WARNING CENTERS.— Puget Sound Shellfish Settlement Trust tsunami detection, forecasting, warnings, (1) IN GENERAL.—The Administrator, Fund Account established by this section. notification, outreach, mitigation, response, through the National Weather Service, shall (2) GROWERS.—The term ‘‘growers’’ means and recovery; maintain or establish— Taylor United, Inc.; Olympia Oyster Com- (4) to improve and increase education and (A) a Pacific Tsunami Warning Center in pany; G.R. Clam & Oyster Farm; Cedric E. outreach activities and ensure that those re- Hawaii; Lindsay; Minterbrook Oyster Company; ceiving tsunami warnings and the at-risk (B) a West Coast and Alaska Tsunami Charles and Willa Murray; Skookum Bay public know what to do when a tsunami is Warning Center in Alaska; and Oyster Company; J & G Gunstone Clams, approaching; (C) any additional forecast and warning Inc.; and all persons who qualify as ‘growers’ (5) to provide technical and other assist- centers determined by the National Weather in accordance with and pursuant to the set- ance to speed international efforts to estab- Service to be necessary. tlement agreement. lish regional tsunami warning systems in (2) RESPONSIBILITIES.—The responsibilities (3) OTHER TRIBES.—The term ‘‘other vulnerable areas worldwide, including the In- of each tsunami warning center shall in- Tribes’’ means any federally recognized In- dian Ocean; and clude— dian nation or tribe other than the Tribes (6) to improve Federal, State, and inter- (A) continuously monitoring data from described in paragraph (6) that, within 20 national coordination for detection, warn- seismological, deep ocean, and tidal moni- years after the deposit of funds in the Spe- ings, and outreach for tsunami and other toring stations; cial Holding Account, establishes a legally coastal impacts. (B) evaluating earthquakes that have the enforceable treaty right to take shellfish SEC. 804. TSUNAMI FORECASTING AND WARNING potential to generate tsunami; from covered tidelands described in the set- PROGRAM. (C) evaluating deep ocean buoy data and tlement agreement, owned, leased or other- (a) IN GENERAL.—The Administrator, tidal monitoring stations for indications of wise subject to harvest by those persons or through the National Weather Service and in tsunami resulting from earthquakes and entities that qualify as growers. consultation with other relevant Adminis- other sources; (4) SECRETARY.—The term ‘‘Secretary’’ tration offices, shall operate a program to (D) disseminating forecasts and tsunami means the Secretary of the Interior. provide tsunami detection, forecasting, and warning bulletins to Federal, State, and (5) SETTLEMENT AGREEMENT.— The term warnings for the Pacific and Arctic Ocean re- local government officials and the public; ‘‘settlement agreement’’ means the settle- gions and for the Atlantic Ocean, Caribbean (E) coordinating with the tsunami hazard ment agreement entered into by and between Sea, and Gulf of Mexico region. mitigation program described in section 805 the Tribes, commercial shellfish growers, the (b) COMPONENTS.—The program under this to ensure ongoing sharing of information be- State of Washington and the United States, section shall— tween forecasters and emergency manage- to resolve certain disputes between and (1) include the tsunami warning centers es- ment officials; and among them regarding implementation of tablished under subsection (d); (F) making data gathered under this title the Tribes’ treaty right to take shellfish (2) utilize and maintain an array of robust and post-warning analyses conducted by the from certain covered tidelands owned, leased tsunami detection technologies; National Weather Service or other relevant or otherwise subject to harvest by the grow- (3) maintain detection equipment in oper- Administration offices available to researchers. ational condition to fulfill the detection, ers.

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(e) TRANSFER OF TECHNOLOGY; MAINTE- the House of Representatives within 30 days subcommittees to address region-specific NANCE AND UPGRADES.— of— issues. The committee shall— (1) IN GENERAL.—In carrying out this sec- (1) impaired regional forecasting capabili- (1) recommend how funds appropriated for tion, the National Weather Service, in con- ties due to equipment or system failures; and carrying out the program under this section sultation with other relevant Administra- (2) significant contractor failures or delays will be allocated; tion offices, shall— in completing work associated with the tsu- (2) ensure that areas described in section (A) develop requirements for the equip- nami forecasting and warning system. 804(c) in the United States and its territories ment used to forecast tsunami, which shall (i) REPORT.—Not later than January 31, can have the opportunity to participate in include provisions for multipurpose detec- 2010, the Comptroller General of the United the program; tion platforms, reliability and performance States shall transmit a report to the Com- (3) provide recommendations to the Na- metrics, and to the maximum extent prac- mittee on Commerce, Science, and Transpor- tional Weather Service on how to improve ticable how the equipment will be integrated tation of the Senate and the Committee on the TsunamiReady program, particularly on with other United States and global ocean Science of the House of Representatives ways to make communities more tsunami re- and coastal observation systems, the global that— silient through the use of inundation maps earth observing system of systems, global (1) evaluates the current status of the tsu- and other mitigation practices; and seismic networks, and the Advanced Na- nami detection, forecasting, and warning (4) ensure that all components of the pro- tional Seismic System; system and the tsunami hazard mitigation gram are integrated with ongoing hazard (B) develop and execute a plan for the program established under this title, includ- warning and risk management activities, transfer of technology from ongoing research ing progress toward tsunami inundation emergency response plans, and mitigation described in section 806 into the program mapping of all coastal areas vulnerable to programs in affected areas, including inte- under this section; and tsunami and whether there has been any deg- grating information to assist in tsunami (C) ensure that maintaining operational radation of services as a result of the expan- evacuation route planning. tsunami detection equipment is the highest sion of the program; (c) PROGRAM COMPONENTS.—The program priority within the program carried out (2) evaluates the National Weather Serv- under this section shall— under this title. ice’s ability to achieve continued improve- (1) use inundation models that meet a (2) REPORT TO CONGRESS.— ments in the delivery of tsunami detection, standard of accuracy defined by the Adminis- (A) Not later than 1 year after the date of forecasting, and warning services by assess- tration to improve the quality and extent of enactment of this Act, the National Weather ing policies and plans for the evolution of inundation mapping, including assessment of Service, in consultation with other relevant modernization systems, models, and com- vulnerable inner coastal and nearshore Administration offices, shall transmit to putational abilities (including the adoption areas, in a coordinated and standardized Congress a report on how the tsunami fore- of new technologies); and fashion to maximize resources and the util- cast system under this section will be inte- (3) lists the contributions of funding or ity of data collected; grated with other United States and global other resources to the program by other Fed- (2) promote and improve community out- ocean and coastal observation systems, the eral agencies, particularly agencies partici- reach and education networks and programs global earth observing system of systems, pating in the program. to ensure community readiness, including global seismic networks, and the Advanced (j) EXTERNAL REVIEW.—The Administrator the development of comprehensive coastal National Seismic System. shall enter into an arrangement with the Na- risk and vulnerability assessment training (B) Not later than 3 years after the date of tional Academy of Sciences to review the and decision support tools, implementation enactment to this Act, the National Weather tsunami detection, forecast, and warning of technical training and public education Service, in consultation with other relevant program established under this title to as- programs, and providing for certification of Administration offices, shall transmit a re- sess further modernization and coverage prepared communities; port to Congress on how technology devel- needs, as well as long-term operational reli- (3) integrate tsunami preparedness and oped under section 806 is being transferred ability issues, taking into account measures mitigation programs into ongoing hazard into the program under this section. implemented under this title. The review warning and risk management activities, (f) FEDERAL COOPERATION.—When deploy- shall also include an assessment of how well emergency response plans, and mitigation ing and maintaining tsunami detection tech- the forecast equipment has been integrated programs in affected areas, including inte- nologies, the Administrator shall seek the into other United States and global ocean grating information to assist in tsunami assistance and assets of other appropriate and coastal observation systems and the evacuation route planning; Federal agencies. global earth observing system of systems. (4) promote the adoption of tsunami warn- (g) ANNUAL EQUIPMENT CERTIFICATION.—At Not later than 2 years after the date of ening and mitigation measures by Federal, the same time Congress receives the budget actment of this Act, the Administrator shall State, tribal, and local governments and justification documents in support of the transmit a report containing the National nongovernmental entities, including edu- President’s annual budget request for each Academy of Sciences’ recommendations, the cational programs to discourage develop- fiscal year, the Administrator shall transmit Administrator’s responses to the rec- ment in high-risk areas; and to the Committee on Commerce, Science, ommendations, including those where the (5) provide for periodic external review of and Transportation of the Senate and the Administrator disagrees with the Academy, the program. Committee on Science of the House of Rep- a timetable to implement the accepted rec- (d) SAVINGS CLAUSE.—Nothing in this sec- resentatives a certification that— ommendations, and the cost of implementing tion shall be construed to require a change (1) identifies the tsunami detection equip- all the Academy’s recommendations, to the in the chair of any existing tsunami hazard ment deployed pursuant to this title, as of Committee on Commerce, Science, and mitigation program subcommittee. December 31 of the preceding calendar year; Transportation of the Senate and the Com- SEC. 806. TSUNAMI RESEARCH PROGRAM. (2) certifies which equipment is oper- mittee on Science of the House of Represent- The Administrator shall, in consultation ational as of December 31 of the preceding atives. with other agencies and academic institu- calendar year; (k) REPORT.—Not later than 3 months after tions, and with the coordinating committee (3) in the case of any piece of such equip- the date of enactment of this Act, the Ad- established under section 805(b), establish or ment that is not operational as of such date, ministrator shall establish a process for maintain a tsunami research program to de- identifies that equipment and describes the monitoring and certifying contractor per- velop detection, forecast, communication, mitigation strategy that is in place— formance in carrying out the requirements and mitigation science and technology, in- (A) to repair or replace that piece of equip- of any contract to construct or deploy tsu- cluding advanced sensing techniques, infor- ment within a reasonable period of time; or nami detection equipment, including proce- mation and communication technology, data (B) to otherwise ensure adequate tsunami dures and penalties to be imposed in cases of collection, analysis, and assessment for tsu- detection coverage; significant contractor failure or negligence. nami tracking and numerical forecast mod- (4) identifies any equipment that is being SEC. 805. NATIONAL TSUNAMI HAZARD MITIGA- eling. Such research program shall— developed or constructed to carry out this TION PROGRAM. (1) consider other appropriate research to title but which has not yet been deployed, if (a) IN GENERAL.—The Administrator, mitigate the impact of tsunami; the Administration has entered into a con- through the National Weather Service and in (2) coordinate with the National Weather tract for that equipment prior to December consultation with other relevant Adminis- Service on technology to be transferred to 31 of the preceding calendar year, and pro- tration offices, shall conduct a community- operations; vides a schedule for the deployment of that based tsunami hazard mitigation program to (3) include social science research to de- equipment; and improve tsunami preparedness of at-risk velop and assess community warning, edu- (5) certifies that the Administrator expects areas in the United States and its terri- cation, and evacuation materials; and the equipment described in paragraph (4) to tories. (4) ensure that research and findings are meet the requirements, cost, and schedule (b) COORDINATING COMMITTEE.—In con- available to the scientific community. provided in that contract. ducting the program under this section, the SEC. 807. GLOBAL TSUNAMI WARNING AND MITI- (h) CONGRESSIONAL NOTIFICATIONS.—The Administrator shall establish a coordinating GATION NETWORK. Administrator shall notify the Committee on committee comprising representatives of (a) INTERNATIONAL TSUNAMI WARNING SYS- Commerce, Science, and Transportation of Federal, State, local, and tribal government TEM.—The Administrator, through the Na- the Senate and the Committee on Science of officials. The Administrator may establish tional Weather Service and in consultation

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ADMINISTRATION. fices, in cooperation with the Intergovern- TITLE IX—POLAR BEARS SEC. 901. SHORT TITLE. ‘‘(a) IN GENERAL.—The Secretary, acting mental Oceanographic Commission, shall op- through the Director of the United States erate an International Tsunami Information This title may be cited as the ‘‘United States-Russia Polar Bear Conservation and Fish and Wildlife Service, shall do all things Center to improve tsunami preparedness for necessary and appropriate, including the pro- all Pacific Ocean nations participating in Management Act of 2006’’. mulgation of regulations, to implement, en- the International Tsunami Warning System SEC. 902. AMENDMENT OF MARINE MAMMAL PRO- force, and administer the provisions of the of the Pacific, and may also provide such as- TECTION ACT OF 1972. Agreement on behalf of the United States. sistance to other nations participating in a (a) IN GENERAL.—The Marine Mammal Pro- The Secretary shall consult with the Sec- global tsunami warning system established tection Act of 1972 (16 U.S.C. 1361 et seq.) is retary of State and the Alaska Nanuuq Com- through the Intergovernmental Oceano- amended by adding at the end thereof the mission on matters involving the implemen- graphic Commission. As part of its respon- following: tation of the Agreement. sibilities around the world, the Center ‘‘TITLE V—POLAR BEARS ‘‘(b) UTILIZATION OF OTHER GOVERNMENT shall— ‘‘SEC. 501. DEFINITIONS. RESOURCES AND AUTHORITIES.— (1) monitor international tsunami warning ‘‘In this title: ‘‘(1) OTHER GOVERNMENT RESOURCES.—The activities around the world; ‘‘(1) AGREEMENT.—The term ‘‘Agreement’’ Secretary may utilize by agreement, with or (2) assist member states in establishing na- means the Agreement Between the Govern- without reimbursement, the personnel, serv- tional warning systems, and make informa- ment of the United States of America and ices, and facilities of any other Federal agen- tion available on current technologies for the Government of the Russian Federation cy, any State agency, or the Alaska Nanuuq tsunami warning systems; on the Conservation and Management of the Commission for purposes of carrying out this (3) maintain a library of materials to pro- Alaska-Chukotka Polar Bear Population, mulgate knowledge about tsunami in general title or the Agreement. signed at Washington, D.C., on October 16, ‘‘(2) OTHER POWERS AND AUTHORITIES.—Any and for use by the scientific community; and 2000. (4) disseminate information, including edu- person authorized by the Secretary under ‘‘(2) ALASKA NANUUQ COMMISSION.—The this subsection to enforce this title or the cational materials and research reports. term ‘‘Alaska Nanuuq Commission’’ means (c) DETECTION EQUIPMENT; TECHNICAL AD- Agreement shall have the authorities that the Alaska Native entity, in existence on the are enumerated in section 6(b) of the Lacey VICE AND TRAINING.—In carrying out this sec- date of enactment of the United States-Rus- tion, the National Weather Service— Act Amendments of 1981 (16 U.S.C. 3375(b)). sia Polar Bear Conservation and Manage- ‘‘(c) ENSURING COMPLIANCE.— (1) shall give priority to assisting nations ment Act of 2006, that represents all villages in identifying vulnerable coastal areas, cre- ‘‘(1) TITLE I AUTHORITIES.—The Secretary in the State of Alaska that engage in the an- ating inundation maps, obtaining or design- may use authorities granted under title I for nual subsistence taking of polar bears from ing real-time detection and reporting equip- enforcement, imposition of penalties, and the Alaska-Chukotka population and any ment, and establishing communication and the seizure of cargo for violations under this successor entity. warning networks and contact points in each title, provided that any polar bear or any ‘‘(3) IMPORT.—The term ‘‘import’’ means to vulnerable nation; part or product of a polar bear taken, im- land on, bring into, or introduce into, or at- (2) may establish a process for transfer of ported, exported, possessed, transported, tempt to land on, bring into, or introduce detection and communication technology to sold, received, acquired, purchased, ex- into, any place subject to the jurisdiction of affected nations for the purposes of estab- changed, or bartered, or offered for sale, pur- the United States, without regard to whether lishing the international tsunami warning chase, exchange, or barter in violation of the landing, bringing, or introduction con- system; and this title, shall be subject to seizure and for- (3) shall provide technical and other assist- stitutes an importation within the meaning feiture to the United States without any ance to support international tsunami proof the customs laws of the United States. showing that may be required for assessment grams. ‘‘(4) POLAR BEAR PART OR PRODUCT.—The of a civil penalty or for criminal prosecution (d) DATA-SHARING REQUIREMENT.—The Na- term ‘‘part or product of a polar bear’’ means under this Act. tional Weather Service, when deciding to any polar bear part or product, including the ‘‘(2) ADDITIONAL AUTHORITIES.—Any gun, provide assistance under this section, may gall bile and gall bladder. trap, net, or other equipment used, and any take into consideration the data sharing ‘‘(5) SECRETARY.—The term ‘‘Secretary’’ vessel, aircraft, or other means of transpor- policies and practices of nations proposed to means the Secretary of the Interior. tation used, to aid in the violation or at- receive such assistance, with a goal to en- ‘‘(6) TAKING.—The term ‘‘taking’’ has the tempted violation of this title shall be sub- courage all nations to support full and open meaning given the term in the Agreement. ject to seizure and forfeiture under section exchange of data. ‘‘(7) COMMISSION.—The term ‘‘Commission’’ 106. SEC. 808. AUTHORIZATION OF APPROPRIATIONS. means the commission established under ar- ‘‘(d) REGULATIONS.— There are authorized to be appropriated to ticle 8 of the Agreement. ‘‘(1) IN GENERAL.—The Secretary shall pro- the Administrator to carry out this title— ‘‘SEC. 502. PROHIBITIONS. mulgate such regulations as are necessary to (1) $25,000,000 for fiscal year 2008, of which— ‘‘(a) IN GENERAL.—It is unlawful for any carry out this title and the Agreement. (A) not less than 27 percent of the amount person who is subject to the jurisdiction of ‘‘(2) ORDINANCES AND REGULATIONS.—If nec- appropriated shall be for the tsunami hazard the United States or any person in waters or essary to carry out this title and the Agree- mitigation program under section 805; and on lands under the jurisdiction of the United ment, and to improve compliance with any (B) not less than 8 percent of the amount States— annual taking limit or other restriction on appropriated shall be for the tsunami re- ‘‘(1) to take any polar bear in violation of taking adopted by the Commission and im- search program under section 806; the Agreement; plemented by the Secretary in accordance (2) $26,000,000 for fiscal year 2009, of which— ‘‘(2) to take any polar bear in violation of with this title, the Secretary may promul- (A) not less than 27 percent of the amount the Agreement or any annual taking limit or gate regulations that adopt any ordinance or appropriated shall be for the tsunami hazard other restriction on the taking of polar bears regulation that restricts the taking of polar mitigation program under section 805; and that is adopted by the Commission pursuant bears for subsistence purposes if the ordi- (B) not less than 8 percent of the amount to the Agreement; nance or regulation has been promulgated by appropriated shall be for the tsunami re- ‘‘(3) to import, export, possess, transport, the Alaska Nanuuq Commission. search program under section 806; sell, receive, acquire, or purchase, exchange, ‘‘SEC. 504. COOPERATIVE MANAGEMENT AGREE- (3) $27,000,000 for fiscal year 2010, of which— barter, or offer to sell, purchase, exchange, MENT; AUTHORITY TO DELEGATE (A) not less than 27 percent of the amount or barter any polar bear, or any part or prod- ENFORCEMENT AUTHORITY. appropriated shall be for the tsunami hazard uct of a polar bear, that is taken in violation ‘‘(a) IN GENERAL.—The Secretary, acting mitigation program under section 805; and of paragraph (2); through the Director of the United States

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Fish and Wildlife Service, may share author- ‘‘(2) TRAVEL EXPENSES.—A member of the ‘‘Sec. 503. Administration. ity under this title for the management of United States section shall be allowed travel ‘‘Sec. 504. Cooperative management agree- the taking of polar bears for subsistence pur- expenses, including per diem in lieu of sub- ment; authority to delegate en- poses with the Alaska Nanuuq Commission if sistence, at rates authorized for an employee forcement authority. such commission is eligible under subsection of an agency under subchapter I of chapter 57 ‘‘Sec. 505. Commission appointments; com- (b). of title 5, United States Code, while away pensation, travel expenses, and ‘‘(b) DELEGATION.—To be eligible for the from the home or regular place of business of claims. management authority described in sub- the member in the performance of the duties ‘‘Sec. 506. Votes taken by the United States section (a), the Alaska Nanuuq Commission of the United States-Russia Polar Bear Com- Section on matters before the shall— mission. Commission. ‘‘(1) enter into a cooperative agreement ‘‘(e) AGENCY DESIGNATION.—The United ‘‘Sec. 507. Implementation of actions taken with the Secretary under section 119 for the States section shall, for the purpose of title by the Commission. conservation of polar bears; 28, United States Code, relating to claims ‘‘Sec. 508. Application with other titles of ‘‘(2) meaningfully monitor compliance against the United States and tort claims Act. with this title and the Agreement by Alaska procedure, be considered to be a Federal ‘‘Sec. 509. Authorization of appropriations.’’. Natives; and agency. (c) TREATMENT OF CONTAINERS.—Section ‘‘(3) administer its co-management pro- 107(d)(2) of the Marine Mammal Protection gram for polar bears in accordance with— ‘‘SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE THE Act of 1972 (16 U.S.C. 1377(d)(2)) is amended ‘‘(A) this title; and COMMISSION. by striking ‘‘vessel or other conveyance’’ ‘‘(B) the Agreement. ‘‘In accordance with paragraph 3 of article each place it appears and inserting ‘‘vessel, ‘‘SEC. 505. COMMISSION APPOINTMENTS; COM- 8 of the Agreement, the United States sec- other conveyance, or container’’. PENSATION, TRAVEL EXPENSES, AND CLAIMS. tion, made up of commissioners appointed by ‘‘(a) APPOINTMENT OF U.S. COMMIS- the President, shall vote on any issue before SA 5225. Mr. MCCONNELL (for Mr. SIONERS.— the United States-Russia Polar Bear Com- FRIST) proposed an amendment to the ‘‘(1) APPOINTMENT.—The United States mission only if there is no disagreement be- bill H.R. 6111, to amend the Internal commissioners on the Commission shall be tween the United States commissioners re- Revenue Code of 1986 to provide that garding the vote. appointed by the President, in accordance the Tax Court may review claims for with paragraph 2 of article 8 of the Agree- ‘‘SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN equitable innocent spouse relief and to ment, after taking into consideration the BY THE COMMISSION. recommendations of— ‘‘(a) IN GENERAL.—The Secretary shall suspend the running on the period of ‘‘(A) the Secretary; take all necessary actions to implement the limitations while such claims are pend- ‘‘(B) the Secretary of State; and decisions and determinations of the Commis- ing; as follows: ‘‘(C) the Alaska Nanuuq Commission. sion under paragraph 7 of article 8 of the In line 17, page 3, strike ‘‘on or’’. ‘‘(2) QUALIFICATIONS.—With respect to the Agreement. United States commissioners appointed ‘‘(b) TAKING LIMITATION.—Not later than 60 SA 5226. Mr. DEWINE (for Mr. under this subsection, in accordance with days after the date on which the Secretary DOMENICI) proposed an amendment to paragraph 2 of article 8 of the Agreement— receives notice of the determination of the the bill S. 1529, to provide for the con- ‘‘(A) 1 United States commissioner shall be Commission of an annual taking limit, or of an official of the Federal Government; the adoption by the Commission of other re- veyance of certain Federal land in the ‘‘(B) 1 United States commissioner shall be striction on the taking of polar bears for city of Yuma, Arizona; as follows: a representative of the Native people of Alas- subsistence purposes, the Secretary shall Strike section 4(d) and insert the fol- ka, and, in particular, the Native people for publish a notice in the Federal Register an- lowing: whom polar bears are an integral part of nouncing the determination or restriction. (d) DISPOSITION AND USE OF PROCEEDS.— their culture; and ‘‘SEC. 508. APPLICATION WITH OTHER TITLES OF Amounts paid to the Secretary under sub- ‘‘(C) both commissioners shall be knowl- ACT. section (b) shall be available to the Sec- edgeable of, or have expertise in, polar bears. ‘‘(a) IN GENERAL.—The authority of the retary, without further appropriation and ‘‘(3) SERVICE AND TERM.—Each United Secretary under this title is in addition to, until expended, to pay— States commissioner shall serve— and shall not affect— (1) the administrative costs of the convey- ‘‘(A) at the pleasure of the President; and ‘‘(1) the authority of the Secretary under ance under subsection (a); and ‘‘(B) for an initial 4-year term and such ad- the other titles of this Act or the Lacey Act (2) the costs of constructing the Kofa Na- ditional terms as the President shall deter- Amendments of 1981 (16 U.S.C. 3371 et seq.) or tional Wildlife Refuge headquarters and vis- mine. the exemption for Alaskan natives under sec- itor center in Yuma, Arizona. ‘‘(4) VACANCIES.— tion 101(b) of this Act as applied to other ma- ‘‘(A) IN GENERAL.—Any individual ap- rine mammal populations; or SA 5227. Mr. DEWINE (for Mr. pointed to fill a vacancy occurring before the ‘‘(2) the authorities provided under title II DOMENICI) proposed an amendment to expiration of any term of office of a United of this Act. the bill S. 1548, to provide for the con- States commissioner shall be appointed for ‘‘(b) CERTAIN PROVISIONS INAPPLICABLE.— veyance of certain Forest Service land the remainder of that term. The provisions of titles I through IV of this ‘‘(B) MANNER.—Any vacancy on the Com- to the city of Coffman Cove, Alaska; as Act do not apply with respect to the imple- follows: mission shall be filled in the same manner as mentation or administration of this title, ex- the original appointment. cept as specified in section 503. At the end of the bill, add the following: ‘‘(b) ALTERNATE COMMISSIONERS.— SEC. 4. OFFSETS. ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS. (a) GEORGE WASHINGTON BIRTHPLACE NA- sultation with the Secretary of State and ‘‘(a) IN GENERAL.—There are authorized to TIONAL MONUMENT EXPANSION.—Section 2 of the Alaska Nanuuq Commission, shall des- be appropriated to the Secretary to carry out the functions and responsibilities of the Public Law 107–354 (16 U.S.C. 442 note) is ignate an alternate commissioner for each amended by striking ‘‘or appropriated member of the United States section. Secretary under this title and the Agree- funds’’. ‘‘(2) DUTIES.—In the absence of a United ment $1,000,000 for each of fiscal years 2006 (b) MAGGIE L. WALKER NATIONAL HISTORIC States commissioner, an alternate commis- through 2010. SITE.—Section 511(e)(1) of the National Parks sioner may exercise all functions of the ‘‘(b) COMMISSION.—There are authorized to and Recreation Act of 1978 (16 U.S.C. 461 United States commissioner at any meetings be appropriated to the Secretary to carry note; Public Law 95–625) is amended by strik- of the Commission or of the United States out functions and responsibilities of the ing ‘‘$795,000’’ and inserting ‘‘$195,000’’. section. United States Section $150,000 for each of fis- ‘‘(3) REAPPOINTMENT.—An alternate com- cal years 2006 through 2010. E missioner— ‘‘(c) ALASKAN COOPERATIVE MANAGEMENT SA 5228. Mr. D WINE (for Mr. ‘‘(A) shall be eligible for reappointment by PROGRAM.—There are authorized to be appro- DOMENICI) proposed an amendment to the President; and priated to the Secretary to carry out this the bill S. 2054, to direct the Secretary ‘‘(B) may attend all meetings of the United title and the Agreement in Alaska $150,000 of the Interior to conduct a study of States section. for each of fiscal years 2006 through 2010.’’. water resources in the State of ‘‘(c) DUTIES.—The members of the United (b) CLERICAL AMENDMENT.—The table of Vermont; as follows: States section may carry out the functions contents in the first section of the Marine At the end of the bill, add the following: and responsibilities described in article 8 of Mammal Protection Act of 1972 (16 U.S.C. the Agreement in accordance with this title 1361 et seq.) is amended by adding at the end SEC. 2. OFFSET. and the Agreement. the following: Section 201(a) of the Water Resources De- ‘‘(d) COMPENSATION AND EXPENSES.— velopment Act of 1986 (Public Law 99–662; 100 ‘‘(1) COMPENSATION.—A member of the ‘‘TITLE V—POLAR BEARS Stat. 4090) is amended in the undesignated United States section shall serve without ‘‘Sec. 501. Definitions. paragraph under the heading ‘‘NORFOLK HAR- compensation. ‘‘Sec. 502. Prohibitions. BOR AND CHANNELS, VIRGINIA’’ by striking

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‘‘$551,000,000, with an estimated first Federal (b) DEAUTHORIZATION.—The Blunt Res- lease, as in effect as of the date of enactment cost of $256,000,000’’ and inserting ervoir feature is deauthorized. of this Act. ‘‘$545,000,000, with an estimated first Federal (c) ACCEPTANCE OF LAND AND OBLIGA- (4) VALUATION.— cost of $250,000,000’’. TIONS.— (A) IN GENERAL.—The value of a pref- (1) IN GENERAL.—As a term of each convey- erential lease parcel shall be its fair market SA 5229. Mr. DEWINE (for Mr. ance under subsections (d)(5) and (e), respec- value for agricultural purposes determined DOMENICI) proposed an amendment to tively, the State may agree to accept— by an independent appraisal less 25 percent, the bill S. 2205, to direct the Secretary (A) in ‘‘as is’’ condition, the portions of the exclusive of the value of private improve- of the Interior to convey certain par- Blunt Reservoir Feature and the Pierre ments made by the leaseholders while the cels of land acquired for the Blunt Res- Canal Feature that pass into State owner- land was federally owned before the date of ervoir and Pierre Canal features of the ship; the enactment of this Act, in conformance (B) any liability accruing after the date of initial stage of the Oahe Unit, James with the Uniform Appraisal Standards for conveyance as a result of the ownership, op- Federal Land Acquisition. Division, South Dakota, to the Com- eration, or maintenance of the features re- (B) FAIR MARKET VALUE.—Any dispute over mission of Schools and Public Lands ferred to in subparagraph (A), including li- the fair market value of a property under and the Department of Game, Fish, and ability associated with certain outstanding subparagraph (A) shall be resolved in accord- Parks of the State of South Dakota for obligations associated with expired ease- ance with section 2201.4 of title 43, Code of the purpose of mitigating lost wildlife ments, or any other right granted in, on, Federal Regulations. habitat, on the condition that the cur- over, or across either feature; and (5) CONVEYANCE TO THE STATE.— rent preferential leaseholders shall (C) the responsibility that the Commission (A) IN GENERAL.—If a preferential lease- have an option to purchase the parcels will act as the agent for the Secretary in ad- holder fails to purchase a parcel within the ministering the purchase option extended to period specified in paragraph (3)(A), the Sec- from the Commission, and for other preferential leaseholders under subsection retary shall offer to convey the parcel to the purposes; as follows: (d). State of South Dakota Department of Game, Strike all after the enacting clause and in- (2) RESPONSIBILITIES OF THE STATE.—An Fish, and Parks. sert the following: outstanding obligation described in para- (B) WILDLIFE HABITAT MITIGATION.—Land SECTION 1. SHORT TITLE. graph (1)(B) shall inure to the benefit of, and conveyed under subparagraph (A) shall be This Act may be cited as the ‘‘Blunt Res- be binding upon, the State. used by the South Dakota Department of ervoir and Pierre Canal Land Conveyance (3) OIL, GAS, MINERAL AND OTHER OUT- Game, Fish, and Parks for the purpose of Act of 2006’’. STANDING RIGHTS.—A conveyance to the mitigating the wildlife habitat that was lost SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL. State under subsection (d)(5) or (e) or a sale as a result of the development of the Pick- (a) DEFINITIONS.—In this section: to a preferential leaseholder under sub- Sloan project. (1) BLUNT RESERVOIR FEATURE.—The term section (d) shall be made subject to— (6) USE OF PROCEEDS.—Proceeds of sales of ‘‘Blunt Reservoir feature’’ means the Blunt (A) oil, gas, and other mineral rights re- land under this Act shall be deposited as Reservoir feature of the Oahe Unit, James served of record, as of the date of enactment miscellaneous funds in the Treasury and Division, authorized by the Act of August 3, of this Act, by or in favor of a third party; such funds shall be made available, subject 1968 (82 Stat. 624), as part of the Pick-Sloan and to appropriations, to the State for the estab- Missouri River Basin program. (B) any permit, license, lease, right-of-use, lishment of a trust fund to pay the county (2) COMMISSION.—The term ‘‘Commission’’ or right-of-way of record in, on, over, or taxes on the lands received by the State De- means the Commission of Schools and Public across a feature referred to in paragraph partment of Game, Fish, and Parks under Lands of the State. (1)(A) that is outstanding as to a third party the bill. (3) NONPREFERENTIAL LEASE PARCEL.—The as of the date of enactment of this Act. (e) CONVEYANCE OF NONPREFERENTIAL term ‘‘nonpreferential lease parcel’’ means a (4) ADDITIONAL CONDITIONS OF CONVEYANCE LEASE PARCELS AND UNLEASED PARCELS.— parcel of land that— TO STATE.—A conveyance to the State under (1) CONVEYANCE BY SECRETARY TO STATE.— (A) was purchased by the Secretary for use subsection (d)(5) or (e) shall be subject to the (A) IN GENERAL.—Not later than 1 year in connection with the Blunt Reservoir fea- reservations by the United States and the after the date of enactment of this Act, the ture or the Pierre Canal feature; and conditions specified in section 1 of the Act of Secretary shall offer to convey to the South (B) was considered to be a nonpreferential May 19, 1948 (chapter 310; 62 Stat. 240), as Dakota Department of Game, Fish, and lease parcel by the Secretary as of January amended (16 U.S.C. 667b), for the transfer of Parks the nonpreferential lease parcels and 1, 2001, and is reflected as such on the roster property to State agencies for wildlife con- unleased parcels of the Blunt Reservoir and of leases of the Bureau of Reclamation for servation purposes. Pierre Canal. 2001. (d) PURCHASE OPTION.— (B) WILDLIFE HABITAT MITIGATION.—Land (4) PIERRE CANAL FEATURE.—The term (1) IN GENERAL.—A preferential leaseholder conveyed under subparagraph (A) shall be ‘‘Pierre Canal feature’’ means the Pierre shall have an option to purchase from the used by the South Dakota Department of Canal feature of the Oahe Unit, James Divi- Secretary or the Commission, acting as an Game, Fish, and Parks for the purpose of sion, authorized by the Act of August 3, 1968 agent for the Secretary, the preferential mitigating the wildlife habitat that was lost (82 Stat. 624), as part of the Pick-Sloan Mis- lease parcel that is the subject of the lease. as a result of the development of the Pick- souri River Basin program. (2) TERMS.— Sloan project. (5) PREFERENTIAL LEASEHOLDER.—The term (A) IN GENERAL.—Except as provided in (2) LAND EXCHANGES FOR NONPREFERENTIAL ‘‘preferential leaseholder’’ means a person or subparagraph (B), a preferential leaseholder LEASE PARCELS AND UNLEASED PARCELS.— descendant of a person that held a lease on a may elect to purchase a parcel on one of the (A) IN GENERAL.—With the concurrence of preferential lease parcel as of January 1, following terms: the South Dakota Department of Game, 2001, and is reflected as such on the roster of (i) Cash purchase for the amount that is Fish, and Parks, the South Dakota Commis- leases of the Bureau of Reclamation for 2001. equal to— sion of Schools and Public Lands may allow (6) PREFERENTIAL LEASE PARCEL.—The term (I) the value of the parcel determined a person to exchange land that the person ‘‘preferential lease parcel’’ means a parcel of under paragraph (4); minus owns elsewhere in the State for a nonpref- land that— (II) ten percent of that value. erential lease parcel or unleased parcel at (A) was purchased by the Secretary for use (ii) Installment purchase, with 10 percent Blunt Reservoir or Pierre Canal, as the case in connection with the Blunt Reservoir fea- of the value of the parcel determined under may be. ture or the Pierre Canal feature; and paragraph (4) to be paid on the date of pur- (B) PRIORITY.—The right to exchange non- (B) was considered to be a preferential chase and the remainder to be paid over not preferential lease parcels or unleased parcels lease parcel by the Secretary as of January more than 30 years at 3 percent annual inter- shall be granted in the following order or pri- 1, 2001, and is reflected as such on the roster est. ority: of leases of the Bureau of Reclamation for (B) VALUE UNDER $10,000.—If the value of the (i) Exchanges with current lessees for non- 2001. parcel is under $10,000, the purchase shall be preferential lease parcels. (7) SECRETARY.—The term ‘‘Secretary’’ made on a cash basis in accordance with sub- (ii) Exchanges with adjoining and adjacent means the Secretary of the Interior, acting paragraph (A)(i). landowners for unleased parcels and nonpref- through the Commissioner of Reclamation. (3) OPTION EXERCISE PERIOD.— erential lease parcels not exchanged by cur- (8) STATE.—The term ‘‘State’’ means the (A) IN GENERAL.—A preferential lease- rent lessees. State of South Dakota, including a successor holder shall have until the date that is 5 (C) EASEMENT FOR WATER CONVEYANCE in interest of the State. years after enactment of this Act to exercise STRUCTURE.—As a condition of the exchange (9) UNLEASED PARCEL.—The term ‘‘unleased the option under paragraph (1). of land of the Pierre Canal Feature under parcel’’ means a parcel of land that— (B) CONTINUATION OF LEASES.—Until the this paragraph, the United States reserves a (A) was purchased by the Secretary for use date specified in subparagraph (A), a pref- perpetual easement to the land to allow for in connection with the Blunt Reservoir fea- erential leaseholder shall be entitled to con- the right to design, construct, operate, main- ture or the Pierre Canal feature; and tinue to lease from the Secretary the parcel tain, repair, and replace a pipeline or other (B) is not under lease as of the date of en- leased by the preferential leaseholder under water conveyance structure over, under, actment of this Act. the same terms and conditions as under the across, or through the Pierre Canal feature.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.143 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11534 CONGRESSIONAL RECORD — SENATE December 7, 2006 (f) RELEASE FROM LIABILITY.— and Communities Trust Fund amounts AUTHORITY FOR COMMITTEES TO (1) IN GENERAL.—Effective on the date of equivalent to the amounts estimated by the MEET conveyance of any parcel under this Act, the Secretary by which Federal revenues are in- COMMITTEE ON ARMED SERVICES United States shall not be held liable by any creased, before January 1, 2011, as a result of Mr. GRASSLEY. Mr. President, I ask court for damages of any kind arising out of the provisions of section 3402(t). any act, omission, or occurrence relating to unanimous consent that the Com- the parcel, except for damages for acts of ‘‘(c) EXPENDITURES FROM TRUST FUND.— mittee on Armed Services be author- negligence committed by the United States Amounts in the Rural Schools and Commu- ized to meet during the session of the or by an employee, agent, or contractor of nities Trust Fund shall be available only Senate on Thursday, December 7, 2006, the United States, before the date of convey- for— ance. at 9:30 a.m., to receive testimony on ‘‘(1) payments to eligible States under sec- the report of the Iraq Study Group. (2) NO ADDITIONAL LIABILITY.—Nothing in tion 102(a)(2) of the Secure Rural Schools and this section adds to any liability that the Community Self-Determination Act of 2000; The PRESIDING OFFICER. Without United States may have under chapter 171 of and objection, it is so ordered. title 28, United States Code (commonly ‘‘(2) payments to eligible counties under COMMITTEE ON FINANCE known as the ‘‘Federal Tort Claims Act’’). section 103(a)(2) of the Secure Rural Schools Mr. GRASSLEY. Mr. President, I ask (g) REQUIREMENTS CONCERNING CONVEYANCE and Community Self-Determination Act of unanimous consent that the Com- OF LEASE PARCELS.— 2000.’’. (1) INTERIM REQUIREMENTS.—During the pe- mittee on Finance be authorized to (2) CONFORMING AMENDMENTS.— riod beginning on the date of enactment of meet during the session of the Senate this Act and ending on the date of convey- (A) PAYMENTS TO STATES.—Paragraph (3) of on Thursday, December 7, 2006, imme- ance of the parcel, the Secretary shall con- section 102(b) of the Secure Rural Schools diately following the next vote on the and Community Self-Determination Act of tinue to lease each preferential lease parcel Senate floor, in the Senate Reception or nonpreferential lease parcel to be con- 2000 (Public Law 106–393; 16 U.S.C. 500 note) is amended by striking ‘‘out of any funds in the Room, S–212 of the Capitol, to consider veyed under this section under the terms and favorably reporting the nomination of conditions applicable to the parcel on the Treasury not otherwise appropriated’’ and date of enactment of this Act. inserting ‘‘out of the Rural Schools and Eric Solomon to be an Assistant Sec- (2) PROVISION OF PARCEL DESCRIPTIONS.— Communities Trust Fund under section 9511 retary of the Treasury, U.S. Depart- Not later than 180 days after the date of the of the Internal Revenue Code of 1986’’. ment of the Treasury. enactment of this Act, the Secretary, in con- (B) PAYMENTS TO COUNTIES.—Paragraph (2) The PRESIDING OFFICER. Without sultation with the Commission, shall provide of section 103(b) of the Secure Rural Schools objection, it is so ordered. and Community Self-Determination Act of the State a full legal description of all pref- COMMITTEE ON HOMELAND SECURITY AND 2000 (Public Law 106–393; 16 U.S.C. 500 note) is erential lease parcels and nonpreferential GOVERNMENTAL AFFAIRS amended by striking ‘‘out of any funds in the lease parcels that may be conveyed under Mr. GRASSLEY. Mr. President, I ask this section. Treasury not otherwise appropriated’’ and (h) CURATION OF ARCHEOLOGICAL COLLEC- inserting ‘‘out of the Rural Schools and unanimous consent that the Com- TIONS.—The Secretary, in consultation with Communities Trust Fund under section 9511 mittee on Homeland Security and Gov- the State, shall transfer, without cost to the of the Internal Revenue Code of 1986’’. ernmental Affairs be authorized to hold State, all archeological and cultural re- (3) CLERICAL AMENDMENT.—The table of an off-the-floor markup during the ses- source items collected from the Blunt Res- sections for subchapter A of chapter 98 of the sion on Thursday, December 7, 2006, to ervoir Feature and Pierre Canal Feature to Internal Revenue Code of 1986 is amended by consider pending committee business. the South Dakota State Historical Society. adding at the end the following new item: (i) AUTHORIZATION OF APPROPRIATIONS.— Agenda There is authorized to be appropriated to ‘‘Sec. 9511. Rural Schools and Communities carry out this Act $750,000 to reimburse the Trust Fund.’’. Nomination: 1. Paul A. Schneider, Secretary for expenses incurred in imple- Under Secretary for Management, U.S. (4) EFFECTIVE DATE.—The amendments menting this Act, and such sums as are nec- made by this subsection shall take effect on Department of Homeland Security. essary to reimburse the Commission and the January 1, 2007. The PRESIDING OFFICER. Without State Department of Game, Fish, and Parks objection, it is so ordered. for expenses incurred implementing this Act, (b) IMPOSITION OF WITHHOLDING ON CERTAIN COMMITTEE ON THE JUDICIARY not to exceed 10 percent of the cost of each PAYMENTS MADE BY GOVERNMENT ENTITIES.— transaction conducted under this Act. (1) ACCELERATION OF EFFECTIVE DATE.—Sec- Mr. GRASSLEY. Mr. President, I ask tion 511(b) of the Tax Increase Prevention unanimous consent that the Senate SA 5230. Mr. WYDEN (for himself, and Reconciliation Act of 2005 is amended by Committee on the Judiciary be author- Ms. CANTWELL, Mr. SMITH, Mrs. MUR- striking ‘‘December 31, 2010’’ and inserting ized to meet to conduct a hearing on RAY, and Mrs. BOXER) submitted an ‘‘December 31, 2006’’. ‘‘Vertically Integrated Sports Pro- amendment intended to be proposed by (2) EXCLUSION FOR PAYMENTS TO SMALL gramming: Are Cable Companies Ex- him to the bill H.R. 6111, to amend the BUSINESSES BEFORE 2011.—Paragraph (2) of cluding Competition?’’ for Thursday, Internal Revenue Code of 1986 to pro- section 3402(t) of the Internal Revenue Code December 7, 2006 at 11 a.m. in Dirksen of 1986 is amended by striking ‘‘and’’ at the vide that the Tax Court may review Senate Office Building Room 226. claims for equitable innocent spouse end of subparagraph (H), by striking the pe- relief and to suspend the running on riod at the end of subparagraph (I) and in- Witness list: serting ‘‘, and’’, and by adding at the end the the period of limitations while such following : Panel I: Mr. David L. Cohen, Execu- claims are pending; which was ordered ‘‘(J) made before January 1, 2011, to any tive Vice President, Comcast Corpora- to lie on the table; as follows: business which employed fewer than 50 em- tion, Philadelphia, PA; Mr. John D. At the appropriate place, insert the fol- ployees during the preceding taxable year. Goodman, President, Coalition for lowing: For purposes of subparagraph (J), rules simi- Competitive Access to Content, Wash- SEC. ll. FUNDING SOURCE FOR RURAL lar to the rules of paragraphs (2)(A) and (6) of ington, DC; Dr. Mark Cooper, Director SCHOOLS AND COMMUNITIES PAY- MENTS. section 44(d) shall apply.’’. of Research, Consumer Federation of (a) RURAL SCHOOLS AND COMMUNITIES (3) EFFECTIVE DATE.—The amendment America, Washington, DC; Mr. Michael TRUST FUND.— made by this subsection shall take effect as Salinger, Director of Bureau of Eco- (1) IN GENERAL.—Subchapter A of chapter if included in the Tax Increase Prevention nomics, Federal Trade Commission, 98 of the Internal Revenue Code of 1986 is and Reconciliation Act of 2005. Washington, DC; and Mr. James Baller, amended by adding at the end the following (c) EXTENSION OF SECURE RURAL SCHOOLS The Baller Herbst Law Group, Wash- new section: AND COMMUNITY SELF-DETERMINATION ACT.— ington, DC. ‘‘SEC. 9511. RURAL SCHOOLS AND COMMUNITIES The Secure Rural Schools and Community TRUST FUND. The PRESIDING OFFICER. Without Act of 2000 (Public Law 106–393; 16 U.S.C. 500 ‘‘(a) CREATION OF TRUST FUND.—There is objection, it is so ordered, established in the Treasury of the United note) is amended— SELECT COMMITTEE ON INTELLIGENCE States a trust fund to be known as the ‘Rural (1) in sections 208 and 303, by striking Mr. GRASSLEY. Mr. President, I ask Schools and Communities Trust Fund’, con- ‘‘2007’’ both places it appears and inserting ‘‘2008’’; and unanimous consent that the Select sisting of such amounts as may be appro- Committee on Intellience be author- priated or credited to such Trust Fund as (2) in sections 101(a), 102(b)(2), 103(b)(1), provided in this section or section 9602(b). 203(a)(1), 207(a), 208, 303, and 401, by striking ized to meet during the session of the ‘‘(b) TRANSFERS TO TRUST FUND.—There ‘‘2006’’ each place it appears and inserting Senate on December 7, 2006, at 2:30 p.m. are hereby appropriated to the Rural Schools ‘‘2007’’. to hold a closed briefing.

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.142 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11535 The PRESIDING OFFICER. Without The bill (H.R. 6111), as amended, was lation to require a greater use of auto- objection, it is so ordered. read the third time and passed. matic or remotely controlled shutoff The PRESIDING OFFICER. The Sen- f valves. I am pleased that this bill will ator from Alaska is recognized. require excess flow valves to be in- PIPELINE SAFETY IMPROVEMENT f stalled in every new single family resi- ACT OF 2006 dence or replacement service lines in a STEVENS-INOUYE INTERNATIONAL Mr. MCCONNELL. Mr. President, I single family residence. FISHERIES MONITORING AND ask unanimous consent that the Sen- While the bill would give some dis- COMPLIANCE LEGACY ACT OF ate proceed to the immediate consider- cretion to the administration as to who 2006 ation of H.R. 5782 which was received may be exempted from this EFV re- Mr. STEVENS. Mr. President, I ask from the House. quirement, I have met with Admiral unanimous consent that the Senate The PRESIDING OFFICER. The Barrett, Administrator of the Pipeline proceed to the immediate consider- clerk will report the bill by title. and Hazardous Material Safety Admin- ation of H.R. 5946 which was received The legislative clerk read as follows: istration, and he assures me that only from the House. A bill (H.R. 5782) to amend title 49, United operators of master meter and lique- The PRESIDING OFFICER. The States Code, to provide for enhanced safety fied petroleum gas, LPG, systems are clerk will report the bill by title. and environmental protection in pipeline intended to be excluded. On these sys- The legislative clerk read as follows: transportation, to provide for enhanced reli- tems, he believes EFVs have not been A bill (H.R. 5946) to amend the Magnuson- ability in the transportation of the Nation’s shown to be effective. Stevens Fishery Conservation and Manage- energy products by pipeline, and for other By letter to me dated December 4, ment Act to authorize activities to promote purposes. 2006, Admiral Barrett of the Federal improved monitoring and compliance for There being no objection, the Senate Pipeline and Hazardous Materials Safe- high seas fisheries, or fisheries governed by proceeded to consideration of the bill. international fishery management agree- ty Administration wrote to me: ments, and for other purposes. Mr. LAUTENBERG. Mr. President, I REQUIRING INSTALLATION OF EXCESS FLOW would like to thank Commerce Com- There being no objection, the Senate VALVES mittee co-chairmen Stevens and proceeded to consideration of the The American Gas Association has Inouye for their hard work in achieving measure. provided data that leads PHMSA to be- Mr. STEVENS. Mr. President, I ask this bill’s passage. H.R. 5782 the Pipe- lieve that 1.2 million new and renewed unanimous consent that the Stevens line Inspection, Protection, Enforce- gas services will be installed each year. amendment be agreed to; the bill, as ment, and Safety Act of 2006 is a time- PHMSA had been planning to propose amended, be read for the third time ly piece of legislation, and I hope that to require each operator to include in and passed; and a motion to reconsider it will soon become law. I am proud to its risk analysis consideration of be laid upon the table. be one of the original cosponsors of the whether to install EFV’s to protect The PRESIDING OFFICER. Without Senate version of this bill, S.3961. single-family residences served by new objection, it is so ordered. Our 2.3 million miles of natural gas and replaced gas service lines from re- The amendment (No. 5224) was agreed and hazardous liquid pipelines are more lease of gas due to major damage to the to. than simply a series of tubes. This sys- line. Modifications to the reauthoriza- (The amendment is printed in today’s tem is the transportation mode for tion provisions will change PHMSA RECORD under ‘‘Text of Amendments.’’) nearly two-thirds of the energy con- planned approach, but would allow The amendment was ordered to be sumed by our Nation. From large PHMSA to determine applicability of engrossed and the bill to be read a transmission pipelines to distribution the future standard to distribution op- third time. pipelines to service lines which run erators. The circumstances where The bill (H.R. 5946), as amended, was into our homes, every part of this sys- PHMSA believes conditions for instal- read the third time and passed. tem must be safe. lation of EFV’s are not suitable are f I am pleased that Congress is acting when gas supply pressure is not con- to reauthorize the Office of Pipeline tinuously higher than 10 psig, when liq- AMENDING THE INTERNAL Safety, OPS, and bringing its resources uids/contaminants that could interfere REVENUE CODE OF 1986 more in line with what is needed to with valve operation are present in the Mr. MCCONNELL. Mr. President, I adequately regulate this industry. This gas stream, and where load data may ask unanimous consent that the Sen- bill would authorize 50 percent more be unstable. ate proceed to the immediate consider- Federal pipeline safety inspectors than Based on current data, we would ex- ation of H.R. 6111, which was received the Federal Government currently has. pect to apply the requirements for from the House. The bill will change Federal policy to EFV’s to more than 99 percent of new The PRESIDING OFFICER. The help prevent construction-related dam- and replaces residential service lines. clerk will report the bill by title. age to pipelines by giving additional PHMSA plans to exclude from the re- The legislative clerk read as follows: enforcement authority to OPS and au- quirement only operators of master A bill (H.R. 6111) to amend the Internal thorizing grants to states to improve meter and liquefied petroleum gas Revenue Code of 1986 to provide that the Tax one-call notification programs. At the (LPG) systems. These are very small Court may review claims for equitable spouse relief and to suspend the running on same time, it will also make OPS en- distribution systems, whose operation the period of limitations while such claims forcement actions more transparent to of gas is incidental to another business, are pending. those interested in what the Federal such as a mobile home park or small There being no objection, the Senate Government is doing to make their apartment complex, in the case of the proceeded to consider the bill. lives safer. Furthermore, this bill will master meter operator; or a ski lodge, Mr. MCCONNELL. I ask unanimous also regulate for the first time low- in the case of the LPG operator. The consent that the amendment at the stress oil pipelines, such as the ones in variability in gas use is too large to desk be agreed to, the bill, as amended, Prudhoe Bay, AK, and gas distribution pick one size EFV and most incidents be read the third time and passed, the pipelines all over the country. would not trigger an EFV. We estimate motion to reconsider be laid upon the One subject in the bill I was proud to that approximately 8,000 of these sys- table, and any statements relating to author deals with the mandatory use of tems would be excluded from the EFV the bill be printed in the RECORD. excess flow valves. These important requirement. The estimate is based on The PRESIDING OFFICER. Without safety devices can shut off gas flow reports in 2004 from (1) 45 state pipeline objection, it is so ordered. when a service line is ruptured, pre- safety agencies that collectively 6,972 The amendment (No. 5225) was agreed venting a potential explosion. One les- master meter systems were operating to, as follows: son we learned after the 1994 gas explo- in their states and (2) 5 state pipeline In line 17, page 3, strike ‘‘on or’’. sion in Edison, NJ, is that technology safety agencies indicating that 926 LPG The amendment was ordered to be must be used to shut off gas flow in the systems were operating in their states. engrossed and the bill to be read a case of a rupture. Shortly after that Because some states do not have juris- third time. damaging explosion, I introduced legis- diction over all master meter systems

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.157 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11536 CONGRESSIONAL RECORD — SENATE December 7, 2006 in their states, the number reported ate proceed to the immediate consider- ‘‘(1)(A) takes place within the boundaries may slightly understate the actual ation of H.R. 6342 which was received of the location of such funeral or takes place number. Further, we estimate that, on from the House. within 150 feet of the point of the intersec- average, for each master meter and The PRESIDING OFFICER. The tion between— ‘‘(i) the boundary of the location of such LPG system the operator has 100 serv- clerk will report the bill by title. funeral; and ices. The legislative clerk read as follows: ‘‘(ii) a road, pathway, or other route of in- I will continue to work with Senator A bill (H.R. 6342) to amend title 38, United gress to or egress from the location of such INOUYE in the next Congress, who will States Code, to extend certain expiring pro- funeral; and chair the Committee on Commerce, visions of law administered by the Secretary ‘‘(B) includes any individual willfully mak- Science, and Transportation, to deter- of Veterans Affairs, to expand eligibility for ing or assisting in the making of any noise mine the feasibility of requiring these the Survivors’ and Dependents’ Educational or diversion that is not part of such funeral Assistance program, and for other purposes. important safety devices in types of and that disturbs or tends to disturb the peace or good order of such funeral with the buildings as well—other than single There being no objection, the Senate proceeded to consideration of the bill. intent of disturbing the peace or good order family residences as well as safety ad- of that funeral; or Mr. MCCONNELL. I ask unanimous vocates including the National Trans- ‘‘(2)(A) is within 300 feet of the boundary of portation Safety Board have suggested consent the bill be read the third time the location of such funeral; and is feasible. These safety devices can and passed, a motion to reconsider be ‘‘(B) includes any individual willfully and provide crucial protection in the event laid upon the table, and any state- without proper authorization impeding the of a pipeline rupture or similar inci- ments relating to the bill be printed in access to or egress from such location with dent, and technology has advanced to the RECORD. the intent to impede the access to or egress The PRESIDING OFFICER. Without from such location. the point where they are effective and ‘‘(b) PENALTY.—Any person who violates readily available. Many pipeline com- objection, it is so ordered. The bill (H.R. 6342) was ordered to a subsection (a) shall be fined under this title, panies are already using excess flow imprisoned for not more than 1 year, or both. third reading, was read the third time, valves in such installations. ‘‘(c) DEFINITIONS.—In this section: and passed. I thank all those who worked toward ‘‘(1) The term ‘Armed Forces’ has the an agreement on this provision and all f meaning given the term in section 101 of those who helped pass this bill. A gas title 10. PROHIBITING DISRUPTIONS OF FU- ‘‘(2) The term ‘funeral of a member or leak in a home can be a silent killer, NERALS OF MEMBERS OR former member of the Armed Forces’ means with little warning; we must utilize FORMER MEMBERS OF THE any ceremony or memorial service held in technology which is available to keep ARMED FORCES connection with the burial or cremation of a our families safe. member or former member of the Armed Mr. MCCONNELL. Mr. President, I Forces. Mr. MCCONNELL. I ask unanimous ask unanimous consent that the Com- consent that the bill be read the third ‘‘(3) The term ‘boundary of the location’, mittee on the Judiciary be discharged with respect to a funeral of a member or time and passed, the motion to recon- from further consideration of S. 4042 sider be laid upon the table, and that former member of the Armed Forces, and the Senate proceed to its imme- means— any statements relating to the bill be diate consideration. ‘‘(A) in the case of a funeral of a member printed in the RECORD. The PRESIDING OFFICER. Without or former member of the Armed Forces that The PRESIDING OFFICER. Without objection, it is so ordered. is held at a cemetery, the property line of objection, it is so ordered. The clerk will report the bill by title. the cemetery; The bill (H.R. 5782) was ordered to a The legislative clerk read as follows: ‘‘(B) in the case of a funeral of a member or former member of the Armed Forces that third reading, was read the third time, A bill (S. 4042) to amend title 18, United and passed. is held at a mortuary, the property line of States Code, to prohibit disruptions of funer- the mortuary; f als of members or former members of the ‘‘(C) in the case of a funeral of a member or Armed Forces. former member of the Armed Forces that is NATIONAL TRANSPORTATION There being no objection, the Senate held at a house of worship, the property line SAFETY BOARD AMENDMENTS proceeded to consider the bill. of the house of worship; and ACT OF 2006 Mr. MCCONNELL. I ask unanimous ‘‘(D) in the case of a funeral of a member Mr. MCCONNELL. Mr. President, I consent that the bill be read the third or former member of the Armed Forces that ask unanimous consent that the Sen- time and passed, the motion to recon- is held at any other kind of location, the reasonable property line of that location.’’. ate proceed to the immediate consider- sider be laid upon the table, and any (b) CLERICAL AMENDMENT.—The table of ation of H.R. 5076 which was received statements relating to the measure be sections at the beginning of chapter 67 of from the House. printed in the RECORD. such title is amended by inserting after the The PRESIDING OFFICER. The The PRESIDING OFFICER. Without item related to section 1387 the following clerk will report the bill by title. objection, it is so ordered. new item: The legislative clerk read as follows: The bill (S. 4042) was ordered to be ‘‘1388. Prohibition on disruptions of funerals A bill (H.R. 5076) to amend title 49, United engrossed for a third reading, was read of members or former members States Code, to authorize appropriations for the third time, and passed, as follows: of the Armed Forces.’’. fiscal years 2007, 2008, and for other purposes. S. 4042 f There being no objection, the Senate Be it enacted by the Senate and House of Rep- PROVIDING AUTHORITY FOR RES- proceeded to consideration of the bill. resentatives of the United States of America in TORATION OF THE SOCIAL SECU- Mr. MCCONNELL. I ask unanimous Congress assembled, RITY TRUST FUNDS consent that the bill be read the third SECTION 1. RESPECT FOR THE FUNERALS OF Mr. MCCONNELL. Mr. President, I time and passed, the motion to recon- FALLEN HEROES. (a) IN GENERAL.—Chapter 67 of title 18, ask unanimous consent that the Com- sider be laid upon the table, and that United States Code, is amended by adding at mittee on Finance be discharged from any statements relating to the bill be the end the following new section: further consideration of S. 4091 and the printed in the RECORD. ‘‘§ 1388. Prohibition on disruptions of funer- Senate proceed to its immediate con- The PRESIDING OFFICER. Without als of members or former members of the sideration. objection, it is so ordered. Armed Forces The PRESIDING OFFICER. Without The bill (H.R. 5076) was ordered to a ‘‘(a) PROHIBITION.—For any funeral of a objection, it is so ordered. The clerk third reading, was read the third time, member or former member of the Armed will report the bill by title. and passed. Forces that is not located at a cemetery The legislative clerk read as follows: under the control of the National Cemetery f A bill (S. 4091) to provide authority for res- Administration or part of Arlington Na- toration of the Social Security Trust Funds tional Cemetery, it shall be unlawful for any VETERANS PROGRAMS EXTENSION from the effects of a clerical error, and for person to engage in an activity during the ACT OF 2006 other purposes. period beginning 60 minutes before and end- Mr. MCCONNELL. Mr. President, I ing 60 minutes after such funeral, any part of There being no objection, the Senate ask unanimous consent that the Sen- which activity— proceeded to consider the bill.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.105 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11537 Mr. MCCONNELL. I ask unanimous (b) ACTION BY THE COMMISSIONER.—The (b) DESCRIPTION OF LAND.—The parcel of land consent that the bill be read the third Commissioner of Social Security shall co- referred to in subsection (a) is the parcel of ap- time and passed, the motion to recon- operate with the Secretary to the extent proximately 9.67 acres of National Forest System sider be laid on the table, and any necessary to enable the Secretary to meet land (including any improvements to the land) the requirements of subsection (a). in the County that is known as the ‘‘Elkhorn statements relating to the measure be SEC. 5. CONGRESSIONAL NOTIFICATION. Cemetery’’, as generally depicted on the map. printed in the RECORD. Not later than 30 days after the Secretary (c) USE OF LAND.—As a condition of the con- The PRESIDING OFFICER. Without takes the last action necessary to accom- veyance under subsection (a), the County objection, it is so ordered. plish the restoration described in section 3, shall— The bill (S. 4091) was ordered to be the Secretary shall notify each House of the (1) use the land described in subsection (b) as engrossed for a third reading, was read Congress in writing of the actions so taken. a County cemetery; and (2) agree to manage the cemetery with due the third time, and passed, as follows: f S. 4091 consideration and protection for the historic THE CALENDAR and cultural values of the cemetery, under such Be it enacted by the Senate and House of Rep- terms and conditions as are agreed to by the Mr. DEWINE. Mr. President, on be- resentatives of the United States of America in Secretary and the County. Congress assembled, half of the majority leader, I ask unan- (d) EASEMENT.—In conveying the land to the SECTION 1. SHORT TITLE. imous consent that the Senate proceed County under subsection (a), the Secretary, in This Act may be cited as the ‘‘Social Secu- to the immediate consideration en bloc accordance with applicable law, shall grant to rity Trust Funds Restoration Act of 2006’’. of the following bills reported out of the County an easement across certain National SEC. 2. DEFINITIONS. the Energy Committee: Forest System land, as generally depicted on the For purposes of this Act— Calendar Nos. 542 to 545, 548 to 551, map, to provide access to the land conveyed (1) CLERICAL ERROR.—The term ‘‘clerical 554 to 556, 650 and 671, and the Energy under that subsection. error’’ means the bookkeeping errors at the Committee be discharged from further (e) REVERSION.—In the quitclaim deed to the Social Security Administration that resulted County, the Secretary shall provide that the in the overpayment of amounts transferred consideration of S. 2205 and H.R. 5646, land conveyed to the County under subsection from the Trust Funds to the general fund of and the Senate proceed to their imme- (a) shall revert to the Secretary, at the election the Treasury during the period commencing diate consideration. of the Secretary, if the land is— with 1999 and ending with 2005 as transfers, The PRESIDING OFFICER. Without (1) used for a purpose other than the purposes under the voluntary withholding program objection, it is so ordered. described in subsection (c)(1); or authorized by section 3402(p) of the Internal Mr. DEWINE. Mr. President, I ask (2) managed by the County in a manner that Revenue Code of 1986, of anticipated taxes on unanimous consent that the amend- is inconsistent with subsection (c)(2). benefit payments under title II of the Social ments at the desk be agreed to; the Amend the title so as to read: ‘‘To direct Security Act. the Secretary of Agriculture to convey cer- (2) SECRETARY.—The term ‘‘Secretary’’ committee-reported amendments, as tain land in the Beaverhead-Deerlodge Na- means the Secretary of the Treasury. amended, if amended, be agreed to; the tional Forest, Montana, to Jefferson County, (3) TRUST FUNDS.—The term ‘‘Trust Funds’’ bills, as amended, if amended, be read Montana, for use as a cemetery.’’. means the Federal Old-Age and Survivors In- the third time and passed; the title The committee amendment in the surance Trust Fund and the Federal Dis- amendments be agreed to; and the mo- ability Insurance Trust Fund. nature of a substitute was agreed to. tions to reconsider be laid upon the The bill (S. 997), as amended, was or- SEC. 3. RESTORATION OF TRUST FUNDS. table en bloc. (a) APPROPRIATION.—There is hereby appro- dered to be engrossed for a third read- The PRESIDING OFFICER. Without ing, was read the third time, and priated to each of the Trust Funds, out of objection, it is so ordered. any money in the Treasury not otherwise ap- passed. propriated, an amount determined by the f Secretary, in consultation with the Commis- MONTANA CEMETERY ACT OF 2005 f sioner of Social Security, to be equal, to the extent practicable in the judgment of the The Senate proceeded to consider the Secretary, to the difference between— bill (S. 997) to direct the Secretary of CITY OF YUMA IMPROVEMENT (1) the sum of— Agriculture to convey certain land in ACT (A) the amounts that the Secretary deter- the Beaverhead-Deerlodge Forest, Mon- The Senate proceeded to consider the mines, in consultation with the Commis- tana, to Jefferson County, Montana, bill (S. 1529) to provide for the convey- sioner of Social Security, were overpaid from for use as a cemetery, which had been such Trust Fund to the general fund of the ance of certain Federal land in the city Treasury by reason of the clerical error, and reported from the Committee on En- of Yuma, Arizona, which had been re- (B) the amount that the Secretary deter- ergy and Natural Resources, with an ported from the Committee on Energy mines, in consultation with the Commis- amendment to strike all after the en- and Natural Resources, with an amend- sioner of Social Security, to be equal, to the acting clause and insert in lieu thereof ment to strike all after the enacting extent practicable in the judgment of the the following: clause and insert in lieu thereof the Secretary, to the interest income that would S. 997 following: have been payable to such Trust Fund pursuant to section 201(d) of the Social Security SECTION 1. SHORT TITLE. SECTION 1. SHORT TITLE. Act on obligations issued under chapter 31 of This Act may be cited as the ‘‘Montana Ceme- This Act may be cited as the ‘‘City of Yuma title 31, United States Code, that was not tery Act of 2006’’. Improvement Act’’. paid by reason of the clerical error, and SEC. 2. DEFINITIONS. SEC. 2. DEFINITIONS. (2) the sum of— In this Act: In this Act: (A) the amounts that are refunded to such (1) COUNTY.—The term ‘‘County’’ means Jef- (1) CITY.—The term ‘‘City’’ means the city of Trust Fund as overpayments by reason of the ferson County, Montana. Yuma, Arizona. clerical error to the extent not limited by (2) MAP.—The term ‘‘map’’ means the map (2) FEDERAL LAND.—The term ‘‘Federal land’’ periods of limitation under applicable provi- that is— means the Bureau of Reclamation land depicted sions of the Internal Revenue Code of 1986, (A) entitled ‘‘Elkhorn Cemetery’’; on the map and more particularly described as— and (B) dated May 9, 2005; and (A) parcels 2 and 3 of tract 1; (B) the interest that is paid to such Trust (C) on file in the office of the Beaverhead- (B) a portion of parcel 110–73–019; Fund on the overpayments resulting from Deerlodge National Forest Supervisor. (C) the old Arizona Department of Transpor- the clerical error to the extent allowed under (3) SECRETARY.—The term ‘‘Secretary’’ means tation weigh station; applicable provisions of such Code. the Secretary of Agriculture. (D) portions of blocks 52, 53, 54, and 55; (b) INVESTMENT.—The Secretary shall in- SEC. 3. CONVEYANCE TO JEFFERSON COUNTY, (E) the future drying bed location; and vest the amounts appropriated to each of the MONTANA. (F) the future Arizona Welcome Center. Trust Funds under subsection (a) in accord- (a) CONVEYANCE.—Not later than 180 days (3) MAP.—The term ‘‘map’’ means the map en- ance with the currently applicable invest- after the date of enactment of this Act and sub- titled ‘‘City of Yuma Proposed Property Owner- ment policy for such Trust Fund. ject to valid existing rights, the Secretary (act- ship’’ and dated July 25, 2005. SEC. 4. TIMING. ing through the Regional Forester, Northern Re- (4) NON-FEDERAL LAND.—The term ‘‘non-Fed- (a) ACTIONS BY THE SECRETARY.—The Sec- gion, Missoula, Montana) shall convey by quit- eral land’’ means the non-Federal land depicted retary shall take such actions as are nec- claim deed to the County for no consideration, on the map and generally known as the ‘‘Rail- essary to accomplish the restoration de- all right, title, and interest of the United States, road Parcels’’. scribed in section 3 not later than 120 days except as provided in subsection (e), in and to (5) SECRETARY.—The term ‘‘Secretary’’ means after the date of the enactment of this Act. the parcel of land described in subsection (b). the Secretary of the Interior.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00135 Fmt 4624 Sfmt 6333 E:\CR\FM\G07DE6.135 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11538 CONGRESSIONAL RECORD — SENATE December 7, 2006

SEC. 3. CONVEYANCE OF FEDERAL LAND AND shall pay to the Secretary consideration in an (1) IN GENERAL.—On receipt of a deed con- NON-FEDERAL LAND. amount that reflects the fair market value of the veying to the United States fee simple title (a) IN GENERAL.—Subject to valid existing land conveyed to the City under that sub- to the non-Federal land that meets the re- rights, easements, and rights-of-way, and in ac- section, as determined by an appraisal prepared quirements under paragraph (2), the Sec- cordance with this Act, the Secretary shall con- in accordance with— retary shall record a deed from the United vey all right, title, and interest of the United (1) the Uniform Appraisal Standards for Fed- States that conveys to the City fee simple States in and to the Federal land to the City in eral Land Acquisitions; and title to the Federal land. exchange for the non-Federal land. (2) the Uniform Standards of Professional Ap- (2) REQUIREMENTS.—Title to the non-Fed- (b) TITLE TO NON-FEDERAL LAND.— praisal Practice. eral land shall— (1) IN GENERAL.—On receipt of a deed con- (c) ADMINISTRATIVE COSTS.—Any administra- (A) conform with the regulations and title veying to the United States fee simple title to the tive costs relating to the conveyance of land approval standards of the Attorney General non-Federal land that meets the requirements under subsection (a) shall be paid by the City to that are applicable to Federal land acquisi- under paragraph (2), the Secretary shall record the United States. tions; and a deed from the United States that conveys to (d) DISPOSITION OF PROCEEDS.—The Secretary (B) include all valid existing rights, ease- the City fee simple title to the Federal land. shall deposit the proceeds of the sale of land ments, and rights-of-way. (2) REQUIREMENTS.—Title to the non-Federal under subsection (a) in the general fund of the (c) ADMINISTRATION OF ACQUIRED LAND.— land shall— Treasury. The Secretary, acting through the Commis- (A) conform with the regulations and title ap- sioner of Reclamation, shall administer the proval standards of the Attorney General that The amendment (No. 5226) was agreed non-Federal land acquired by the Secretary. are applicable to Federal land acquisitions; and to, as follows: (d) RELEASE FROM LIABILITY.—Effective on (B) include all valid existing rights, ease- (Purpose: To modify the provision governing the date of conveyance to the City of the ments, and rights-of-way. the disposition of amounts paid to the Sec- parcel of Federal land under subsection (a), (c) ADMINISTRATION OF ACQUIRED LAND.—The retary for the conveyance of certain the United States shall not be liable for dam- Secretary, acting through the Commissioner of United States Fish and Wildlife Service ages arising out of any act, omission, or oc- Reclamation, shall administer the non-Federal land to the city of Yuma) currence relating to the Federal land and fa- land acquired by the Secretary. cilities conveyed, but shall continue to be Strike section 4(d) and insert the fol- liable for damages caused by acts of neg- (d) RELEASE FROM LIABILITY.—Effective on lowing: the date of conveyance to the City of the parcel ligence committed by the United States or (d) DISPOSITION AND USE OF PROCEEDS.— by any employee or agent of the United of Federal land under subsection (a), the United Amounts paid to the Secretary under sub- States shall not be liable for damages arising out States before the date of conveyance, con- section (b) shall be available to the Sec- sistent with chapter 171 of title 28, United of any act, omission, or occurrence relating to retary, without further appropriation and the Federal land and facilities conveyed, but States Code. until expended, to pay— (e) ADMINISTRATIVE COSTS.—All adminis- shall continue to be liable for damages caused (1) the administrative costs of the convey- trative costs relating to the conveyance of by acts of negligence committed by the United ance under subsection (a); and the Federal land and non-Federal land under States or by any employee or agent of the (2) the costs of constructing the Kofa Na- subsection (a) shall be paid by the City to United States before the date of conveyance, tional Wildlife Refuge headquarters and vis- the United States. consistent with chapter 171 of title 28, United itor center in Yuma, Arizona. (f) VALUATION, APPRAISALS, AND EQUALI- States Code. The committee amendment in the ZATION.— (e) ADMINISTRATIVE COSTS.—All administra- (1) IN GENERAL.—The value of the Federal tive costs relating to the conveyance of the Fed- nature of a substitute, as amended, was and the non-Federal land— eral land and non-Federal land under sub- agreed to. (A) shall be equal, as determined by ap- section (a) shall be paid by the City to the The bill (S. 1529), as amended, was or- praisals conducted in accordance with para- United States. dered to be engrossed for a third read- graph (2); or (f) VALUATION, APPRAISALS, AND EQUALI- ing, was read the third time, and (B) if not equal, shall be equalized in ac- ZATION.— passed. cordance with paragraph (3). (1) IN GENERAL.—The value of the Federal and (2) APPRAISALS.— S. 1529 the non-Federal land— (A) IN GENERAL.—The Federal land and (A) shall be equal, as determined by apprais- Be it enacted by the Senate and House of Rep- non-Federal land shall be appraised by an als conducted in accordance with paragraph (2); resentatives of the United States of America in independent appraiser selected by the Sec- or Congress assembled, retary. (B) if not equal, shall be equalized in accord- SECTION 1. SHORT TITLE. (B) REQUIREMENTS.—An appraisal con- ance with paragraph (3). This Act may be cited as the ‘‘City of ducted under subparagraph (A) shall be con- (2) APPRAISALS.— Yuma Improvement Act’’. ducted in accordance with— (A) IN GENERAL.—The Federal land and non- SEC. 2. DEFINITIONS. (i) the Uniform Appraisal Standards for Federal land shall be appraised by an inde- Federal Land Acquisition; and pendent appraiser selected by the Secretary. In this Act: (1) CITY.—The term ‘‘City’’ means the city (ii) the Uniform Standards of Professional (B) REQUIREMENTS.—An appraisal conducted Appraisal Practice. under subparagraph (A) shall be conducted in of Yuma, Arizona. (C) EQUALIZATION OF VALUES.— accordance with— (2) FEDERAL LAND.—The term ‘‘Federal (i) IN GENERAL.—If the value of the Federal (i) the Uniform Appraisal Standards for Fed- land’’ means the Bureau of Reclamation land depicted on the map and more particularly land and the non-Federal land is not equal, eral Land Acquisition; and the value may be equalized by— (ii) the Uniform Standards of Professional Ap- described as— (A) parcels 2 and 3 of tract 1; (I) the Secretary making a cash equali- praisal Practice. zation payment to the City; (C) EQUALIZATION OF VALUES.— (B) a portion of parcel 110–73–019; (II) the City making a cash equalization (i) IN GENERAL.—If the value of the Federal (C) the old Arizona Department of Trans- payment to the Secretary; or land and the non-Federal land is not equal, the portation weigh station; (III) reducing the acreage of the Federal value may be equalized by— (D) portions of blocks 52, 53, 54, and 55; land or non-Federal land, as appropriate. (I) the Secretary making a cash equalization (E) the future drying bed location; and (ii) DISPOSITION OF PROCEEDS.—Any cash payment to the City; (F) the future Arizona Welcome Center. equalization payments received by the Sec- (II) the City making a cash equalization pay- (3) MAP.—The term ‘‘map’’ means the map retary under clause (i)(II) shall be deposited ment to the Secretary; or entitled ‘‘City of Yuma Proposed Property in the general fund of the Treasury. (III) reducing the acreage of the Federal land Ownership’’ and dated July 25, 2005. or non-Federal land, as appropriate. (4) NON-FEDERAL LAND.—The term ‘‘non- SEC. 4. CONVEYANCE OF UNITED STATES FISH AND WILDLIFE SERVICE LAND TO (ii) DISPOSITION OF PROCEEDS.—Any cash Federal land’’ means the non-Federal land depicted on the map and generally known as THE CITY OF YUMA. equalization payments received by the Secretary (a) IN GENERAL.—Subject to valid existing the ‘‘Railroad Parcels’’. under clause (i)(II) shall be deposited in the rights, the Secretary shall convey to the (5) SECRETARY.—The term ‘‘Secretary’’ general fund of the Treasury. City by quitclaim deed, all right, title, and means the Secretary of the Interior. SEC. 4. CONVEYANCE OF UNITED STATES FISH interest of the United States in and to the AND WILDLIFE SERVICE LAND TO SEC. 3. CONVEYANCE OF FEDERAL LAND AND parcel of United States Fish and Wildlife THE CITY OF YUMA. NON-FEDERAL LAND. Service land located at 356 West First Street, (a) IN GENERAL.—Subject to valid existing (a) IN GENERAL.—Subject to valid existing Yuma, Arizona. rights, the Secretary shall convey to the City by rights, easements, and rights-of-way, and in (b) CONSIDERATION.—In exchange for the quitclaim deed, all right, title, and interest of accordance with this Act, the Secretary conveyance of land under subsection (a), the the United States in and to the parcel of United shall convey all right, title, and interest of City shall pay to the Secretary consideration States Fish and Wildlife Service land located at the United States in and to the Federal land in an amount that reflects the fair market 356 West First Street, Yuma, Arizona. to the City in exchange for the non-Federal value of the land conveyed to the City under (b) CONSIDERATION.—In exchange for the con- land. that subsection, as determined by an ap- veyance of land under subsection (a), the City (b) TITLE TO NON-FEDERAL LAND.— praisal prepared in accordance with—

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.080 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11539 (1) the Uniform Appraisal Standards for SEC. 4. OFFSETS. (Purpose: To provide an offset) Federal Land Acquisitions; and (a) GEORGE WASHINGTON BIRTHPLACE NA- At the end of the bill, add the following: (2) the Uniform Standards of Professional TIONAL MONUMENT EXPANSION.—Section 2 of SEC. 2. OFFSET. Appraisal Practice. Public Law 107–354 (16 U.S.C. 442 note) is Section 201(a) of the Water Resources De- (c) ADMINISTRATIVE COSTS.—Any adminis- amended by striking ‘‘or appropriated velopment Act of 1986 (Public Law 99–662; 100 trative costs relating to the conveyance of funds’’. Stat. 4090) is amended in the undesignated land under subsection (a) shall be paid by the (b) MAGGIE L. WALKER NATIONAL HISTORIC paragraph under the heading ‘‘NORFOLK City to the United States. SITE.—Section 511(e)(1) of the National Parks HARBOR AND CHANNELS, VIRGINIA’’ by (d) DISPOSITION AND USE OF PROCEEDS.— and Recreation Act of 1978 (16 U.S.C. 461 striking ‘‘$551,000,000, with an estimated first Amounts paid to the Secretary under sub- note; Public Law 95–625) is amended by strik- Federal cost of $256,000,000’’ and inserting section (b) shall be available to the Sec- ing ‘‘$795,000’’ and inserting ‘‘$195,000’’. $545,000,000, with an estimated first Federal retary, without further appropriation and The committee amendment in the cost of $250,000,000’’. until expended, to pay— (1) the administrative costs of the convey- nature of a substitute, as amended, was The committee amendment, as ance under subsection (a); and agreed to. amended, was agreed to. (2) the costs of constructing the Kofa Na- The bill (S. 1548) was ordered to be The bill (S. 2054), as amended, was or- tional Wildlife Refuge headquarters and vis- engrossed for a third reading, was read dered to be engrossed for a third read- itor center in Yuma, Arizona. the third time, and passed. ing, was read the third time, and f f passed, as follows: S. 2054 COFFMAN COVE ADMINISTRATIVE WATERSHED RESTORATION AND SITE CONVEYANCE ACT OF 2005 ENHANCEMENT AGREEMENTS Be it enacted by the Senate and House of Rep- resentatives of the United States of America in The Senate proceeded to consider the ACT OF 2005 Congress assembled, bill (S. 1548) to provide for the convey- The Senate proceeded to consider the SECTION 1. VERMONT WATER RESOURCES ance of certain Forest Service land to bill (S. 2003) to make permanent the STUDY. the city of Coffman Cove, Alaska, authorization for watershed restora- (a) IN GENERAL.—The Secretary of the In- which had been reported from the Com- tion and enhancement agreements, terior, acting through the Director of the mittee on Energy and Natural Re- United States Geological Survey and in co- which had been reported from the Com- ordination with the State of Vermont, shall, sources, with an amendment to strike mittee on Energy and Natural Re- in accordance with this Act and any other all after the enacting clause and insert sources, with an amendment to strike applicable law, conduct a study of water rein lieu thereof the following: all after the enacting clause and insert sources in the State of Vermont, including— SECTION 1. SHORT TITLE. in lieu thereof the following: (1) a survey of— This Act may be cited as the ‘‘Coffman Cove S. 2003 (A) with respect to groundwater— Administrative Site Conveyance Act of 2006’’. (i) supplies, including aquifers, that are SEC. 2. DEFINITIONS. SECTION 1. SHORT TITLE. available for potable use by municipalities in In this Act: This Act may be cited as the ‘‘Watershed Res- the State; and (1) CITY.—The term ‘‘City’’ means the city of toration and Enhancement Agreements Act of (ii) availability, potability, potential to re- Coffman Cove, Alaska. 2006’’. charge, and interaction with surface water; (2) SECRETARY.—The term ‘‘Secretary’’ means SEC. 2. WATERSHED RESTORATION AND EN- and the Secretary of Agriculture. HANCEMENT AGREEMENTS. (B) potential future water supply sources; SEC. 3. CONVEYANCE. Section 323 of the Department of the Interior and (a) IN GENERAL.—Subject to valid existing and Related Agencies Appropriations Act, 1999 (2) a characterization of surface and bed- rights, the Secretary shall convey to the City, (16 U.S.C. 1011 note; Public Law 105–277), is rock geology, including the effect of that ge- without consideration and by quitclaim deed all amended— ology on groundwater yield and quality. right, title, and interest of the United States, ex- (1) in subsection (a), by striking ‘‘each of fis- (b) REPORT.—Not later than 2 years after cept as provided in subsections (c) and (d), in cal years 2006 through 2011’’ and inserting ‘‘fis- the date of enactment of this Act, the Sec- and to the parcel of National Forest System cal year 2006 and each fiscal year thereafter’’; retary shall submit to the Committee on En- land described in subsection (b). (2) by redesignating subsection (d) as sub- ergy and Natural Resources of the Senate (b) DESCRIPTION OF LAND.— section (e); and and the Committee on Resources of the (1) IN GENERAL.—The parcel of National For- (3) by inserting after subsection (c) the fol- House of Representatives a report describing est System land referred to in subsection (a) is lowing: the results of the study. the approximately 12 acres of land identified in ‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, (c) AUTHORIZATION OF APPROPRIATIONS.— U.S. Survey 10099, as depicted on the plat enti- United States Code, shall not apply to— There are authorized to be appropriated such tled ‘‘Subdivision of U.S. Survey No. 10099’’ and ‘‘(1) a watershed restoration and enhance- sums as are necessary to carry out this sec- recorded as Plat 2003–1 on January 21, 2003, Pe- ment agreement entered into under this section; tion. tersburg Recording District, Alaska. or SEC. 2. OFFSET. (2) EXCLUDED LAND.—The parcel of National ‘‘(2) an agreement entered into under the first Section 201(a) of the Water Resources De- Forest System land conveyed under subsection section of Public Law 94–148 (16 U.S.C. 565a– velopment Act of 1986 (Public Law 99–662; 100 (a) does not include the portion of U.S. Survey 1).’’. Stat. 4090) is amended in the undesignated 10099 that is north of the right-of-way for Forest The committee amendment in the paragraph under the heading ‘‘NORFOLK HAR- Development Road 3030–295 and southeast of BOR AND CHANNELS, VIRGINIA’’ by striking Tract CC–8. nature of a substitute was agreed to. The bill (S. 2003), as amended, was or- ‘‘$551,000,000, with an estimated first Federal (c) RIGHT-OF-WAY.—The United States may cost of $256,000,000’’ and inserting reserve a right-of-way to provide access to the dered to be engrossed for a third read- ‘‘$545,000,000, with an estimated first Federal National Forest System land excluded from the ing, was read the third time, and cost of $250,000,000’’. conveyance to the City under subsection (b)(2). passed. (d) REVERSION.—If any portion of the land f f conveyed under subsection (a) (other than a EUGENE LAND CONVEYANCE ACT portion of land sold under subsection (e)) ceases TO DIRECT THE SECRETARY OF The Senate proceeded to consider the to be used for public purposes, the land shall, at THE INTERIOR TO CONDUCT A bill (S. 2150) to direct the Secretary of the option of the Secretary, revert to the United STUDY OF WATER RESOURCES the Interior to convery certain Bureau States. IN THE STATE OF VERMONT (e) CONDITIONS ON SUBSEQUENT CONVEY- of Land Management to the City of Eu- ANCES.—If the City sells any portion of the land The Senate proceeded to consider the gene, Oregon, which had been reported conveyed to the City under subsection (a)— bill (S. 2054) to direct the Secretary of from the Committee on Energy and (1) the amount of consideration for the sale the Interior to conduct a study of Natural Resources, with amendments, shall reflect fair market value, as determined by water resources in the State of an appraisal; and as follows: (2) the City shall pay to the Secretary an Vermont, which had been reported (The parts of the bill intended to be amount equal to the gross proceeds of the sale, from the Committee on Energy and stricken are shown in boldface brack- which shall be available, without further appro- Natural Resources, with an amendment ets and the parts of the bill intended to priation, for the Tongass National Forest. on page 2, line 1, to insert ‘‘in accord- be inserted are shown in italics.) The amendment (No. 5227) was agreed ance with this Act and any other appli- S. 2150 to, as follows: cable law,’’. Be it enacted by the Senate and House of Rep- (Purpose: To provide offsets) The amendment (No. 5228) was agreed resentatives of the United States of America in At the end of the bill, add the following: to, as follows: Congress assembled,

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.087 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11540 CONGRESSIONAL RECORD — SENATE December 7, 2006 SECTION 1. SHORT TITLE. to the City of Green River, Wyoming, The bill (S. 2373), as amended, was or- This Act may be cited as the ‘‘Eugene at fair market value, which had been dered to be engrossed for a third read- Land Conveyance Act’’. reported from the Committee on En- ing, was read the third time, and SEC. 2. DEFINITIONS. ergy and Natural Resources, with passed. In this Act: amendments, as follows: f (1) CITY.—The term ‘‘City’’ means the city (The parts of the bill intended to be of Eugene, Oregon. stricken are shown in boldface brack- GRAND TETON NATIONAL PARK (2) SECRETARY.—The term ‘‘Secretary’’ EXTENSION ACT OF 2006 means the Secretary of the Interior. ets and the parts of the bill intended to The Senate proceeded to consider the SEC. 3. CONVEYANCE TO THE CITY OF EUGENE, be inserted are shown in italics.) OREGON. S. 2373 bill (S. 2403) to authorize the Secretary (a) IN GENERAL.—øNot later than 60 days Be it enacted by the Senate and House of Rep- of the Interior to include in the bound- after the date of enactment of this Act¿ Ex- resentatives of the United States of America in aries of the Grand Teton National Park cept as provided in subsection (c), the Sec- Congress assembled, land and interests in land of the GT retary shall convey to the City, without con- SECTION 1. SHORT TITLE. Park Subdivision, and for other pur- sideration and subject to all valid existing This Act may be cited as the ‘‘City of poses, which had been reported from rights, all right, title, and interest of the Green River Land Conveyance Act’’. the Committee on Energy and Natural United States in and to the land described in SEC. 2. DEFINITIONS. Resources, with an amendment to subsection (b)(1) for the purposes of— In this Act: (1) establishing a wildlife viewing area; and strike all after the enacting clause and (1) CITY.—The term ‘‘City’’ means the City insert in lieu thereof the following: (2) the construction and operation of an en- of Green River, Wyoming. vironmental education center. SECTION 1. SHORT TITLE. (2) MAP.—The term ‘‘map’’ means the map (b) DESCRIPTION OF LAND.— prepared by the Secretary entitled ‘‘Green This Act may be cited as the ‘‘Grand Teton ø (1) IN GENERAL.—The land referred to in River, Wyoming Land Conveyance Act’’ and National Park Extension Act of 2006’’. subsection (a) is the parcel of approximately dated February 7, 2006. SEC. 2. DEFINITIONS. 12 acres of land under the administrative ju- (3) PUBLIC LAND.—The term ‘‘public land’’ In this Act: risdiction of the Bureau of Land Manage- means approximately 132 acres of Federal (1) PARK.—The term ‘‘Park’’ means the Grand ment in Lane County, Oregon, as depicted on land managed by the Secretary and depicted Teton National Park. the map entitled ‘‘Red House Property’’ and on the map as ‘‘Lands to be conveyed to the (2) SECRETARY.—The term ‘‘Secretary’’ means dated April 11, 2005. City of Green River, Wyoming’’. the Secretary of the Interior. ø(2) SURVEY.— (4) SECRETARY.—The term ‘‘Secretary’’ (3) SUBDIVISION.—The term ‘‘Subdivision’’ ø (A) IN GENERAL.—The exact acreage and means the Secretary of the Interior, acting means the GT Park Subdivision, with an area of legal description of the land described in through the Bureau of Land Management. approximately 49.67 acres, as generally depicted paragraph (1) shall be determined by a sur- on— SEC. 3. CONVEYANCE TO THE CITY. vey acceptable to the Secretary, including (A) the plat recorded in the Office of the (a) IN GENERAL.—Subject to valid existing an existing survey.¿ Teton County Clerk and Recorder on December rights, if the City submits to the Secretary (1) IN GENERAL.—The land referred to in sub- 16, 1997, numbered 918, entitled ‘‘Final Plat GT an offer to acquire the public land for the ap- section (a) is the parcel of approximately 12 Park Subdivision’’, and dated June 18, 1997; and praised value, the Secretary shall, øwithin acres of land under the administrative jurisdic- (B) the map entitled ‘‘2006 Proposed Grand 180 days after the date of the offer,¿ convey tion of the Bureau of Land Management in Teton Boundary Adjustment’’, numbered 136/ to the City all right, title, and interest to Lane County, Oregon, as depicted on the map 80,198, and dated March 21, 2006, which shall be the public land. entitled ‘‘West Eugene Wetlands Land Trans- on file and available for inspection in appro- (b) APPRAISAL.— fer’’ and dated April 11, 2005. priate offices of the National Park Service. (1) IN GENERAL.—Not later than 60 days (2) SURVEY.— after the date of enactment of this Act, the SEC. 3. ACQUISITION OF LAND. (A) IN GENERAL.—The legal description of the Secretary shall complete an appraisal of the (a) IN GENERAL.—The Secretary may accept land described in paragraph (1) may be based on public land. from any willing donor the donation of any the survey of the land completed in 1979. (2) ACCORDANCE WITH UNIFORM STAND- land or interest in land of the Subdivision. (B) COST.—If the Secretary determines that a ARDS.—The Secretary shall conduct the ap- (b) ADMINISTRATION.—On acquisition of land new survey of the land is required, the City praisal in accordance with the Uniform Ap- or an interest in land under subsection (a), the shall be responsible for paying the cost of the praisal Standards for Federal Land Acquisi- Secretary shall— survey. tions and the Uniform Standards of Profes- (1) include the land or interest in the bound- (c) REVERSION.— sional Appraisal Practice. aries of the Park; and (1) IN GENERAL.—If the Secretary deter- (c) PAYMENT.—Not later than 30 days after (2) administer the land or interest as part of mines that the land conveyed under sub- the date on which the public land is con- the Park, in accordance with all applicable laws section (a) is not being used for the purposes veyed under this section, the City shall pay (including regulations). described in that subsection— to the Secretary an amount equal to the ap- (c) DEADLINE FOR ACQUISITION.—It is the in- (A) all right, title, and interest in and to praised value of the public land, as deter- tent of Congress that the acquisition of land or the land (including any improvements to the mined under subsection (b). an interest in land under subsection (a) be com- land) shall , at the discretion of the Secretary, (d) DISPOSITION OF PROCEEDS.—The Sec- pleted not later than 1 year after the date of en- revert to the United States; and retary shall deposit the proceeds from the actment of this Act. (B) the United States shall have the right sale in the Federal Land Disposal Account (d) RESTRICTION ON TRANSFER.—The Secretary of immediate entry to the land. established under section 206 of the Federal shall not donate, sell, exchange, or otherwise (2) HEARING.—Any determination of the Land Transaction Facilitation Act (43 U.S.C. transfer any land acquired under this section Secretary under paragraph (1) shall be made 2305), to be expended in accordance with that without express authorization from Congress. on the record after an opportunity for a Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. hearing. (e) COSTS.—The City shall pay any cost as- There are authorized to be appropriated to the (d) ADDITIONAL TERMS AND CONDITIONS.— sociated with the conveyance of land under Secretary such sums as are necessary to carry The Secretary may require such additional subsection (a). out this Act. terms and conditions for the conveyance (f) PLAN.—The conveyance of the public land Amend the title so as to read: ‘‘To mod- under subsection (a) as the Secretary deter- under subsection (a) shall not require an ify the boundaries of Grand Teton National mines to be appropriate to protect the inter- amendment to the Green River Resource Man- Park to include certain land within the GT ests of the United States. agement Plan. Park Subdivision, and for other purposes.’’. The committee amendments were SEC. 4. SEGREGATION OF LANDS. The committee amendment in the agreed to. Except as provided in section 3(a), effective nature of a substitute was agreed to. The bill (S. 2150), as amended, was or- immediately on the date of enactment of The bill (S. 2403), as amended, was ordered to be engrossed for a third read- this Act and subject to valid existing rights, dered to be engrossed for a third read- the public land is withdrawn from— ing, was read the third time, and ing, was read the third time, and passed. (1) all forms of entry, appropriation, or disposal under the public land laws, including passed. f the mining laws; f (2) location, entry, and patenting under the CITY OF GREEN RIVER LAND mining laws; and TO DIRECT THE SECRETARY OF CONVEYANCE ACT (3) operation of the mineral leasing, min- THE INTERIOR TO CONDUCT A The Senate proceeded to consider the eral materials, and geothermal leasing laws. BOUNDARY STUDY bill (S. 2373) to provide for the sale of The committee amendments were The bill (H.R. 394) to direct the Sec- approximately 132 acres of public land agreed to. retary of the Interior to conduct a

VerDate Aug 31 2005 07:46 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.091 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11541 boundary study to evaluate the signifi- change authorized under section 3(a) shall be (1) FEDERAL LAND.—The term ‘‘Federal cance of the Colonel James Barrett carried out in accordance with section 206 of land’’ means the land administered by the Farm in the Commonwealth of Massa- the Federal Land Policy and Management Secretary consisting of a total of approxi- chusetts and the suitability and feasi- Act of 1976 (43 U.S.C. 1716). mately 320 acres, as depicted on the map. (d) COSTS.—The costs of carrying out the (2) MAP.—The term ‘‘map’’ means the map bility of its inclusion in the National exchange of Federal land and non-Federal entitled ‘‘Holloman AFB Land Exchange’’ Park System as part of the Minute land shall be shared equally by the Secretary and dated May 19, 2006. Man National Historical Park, and for and the University. (3) NON-FEDERAL LAND.—The term ‘‘non- other purposes, was considered, ordered SEC. 5. MISCELLANEOUS PROVISIONS. Federal land’’ means the parcel consisting of to a third reading, read the third time, (a) REVOCATION AND WITHDRAWAL.— a total of approximately 241 acres of land, as and passed. (1) REVOCATION OF ORDERS.—Any public or- depicted on the map, that is— ders withdrawing any of the Federal land (A) contiguous to Holloman Air Force f from appropriation or disposal under the Base, New Mexico; and PINE SPRINGS LAND EXCHANGE public land laws are revoked to the extent (B) located within the required safety zone ACT necessary to permit disposal of the Federal surrounding munitions storage bunkers at land in accordance with this Act. the installation. The Senate proceeded to consider the (2) WITHDRAWAL OF FEDERAL LAND.—Sub- (4) OWNER.—The term ‘‘owner’’ means an bill (H.R. 482) to provide for a land ex- ject to valid existing rights, pending the owner that is able to convey to the United change involving Federal lands in the completion of the land exchange under sec- States clear title to the non-Federal land. Lincoln National Forest in the State of tion 3(a), the Federal land is withdrawn from (5) SECRETARY.—The term ‘‘Secretary’’ New Mexico, and for other purposes, all forms of location, entry, and patent means the Secretary of the Interior. which had been reported from the Com- under the public land laws, including— SEC. 3. LAND EXCHANGE. (A) the mining and mineral leasing laws; (a) IN GENERAL.—If the owner submits to mittee on Energy and Natural Re- and the Secretary a request to exchange the non- sources, with an amendment to strike (B) the Geothermal Steam Act of 1970 (30 Federal land for the Federal land or a por- all after the enacting clause and insert U.S.C. 1001 et seq.). tion of the Federal land, the Secretary shall (b) ADMINISTRATION OF LAND ACQUIRED BY in lieu thereof the following: convey to the owner all right, title, and in- SECTION 1. SHORT TITLE THE UNITED STATES.— (1) BOUNDARY ADJUSTMENT.—On acceptance terest of the United States in and to the Fed- This Act may be cited as the ‘‘Pine Springs of title by the Secretary to the non-Federal eral land or the applicable portion of the land Exchange Act’’. land— Federal land. SEC. 2. DEFINITIONS (A) the non-Federal land shall become part (b) CONSIDERATION.—As consideration for In this Act: of the Forest; and the conveyance of the Federal land under (1) FEDERAL LAND—.The term ‘Federal (B) the boundaries of the Forest shall be subsection (a), the owner shall convey to the land’ means the 3 parcels of Forest land (in- adjusted to include the acquired land. United States all right, title, and interest of cluding any improvements on the land), com- (2) LAND AND WATER CONSERVATION FUND.— the owner in and to the non-Federal land. prising approximately 80 acres, as depicted For purposes of section 7 of the Land and (c) ADDITION TO MILITARY RESERVATION.— on the map. Water Conservation Fund Act of 1965 (16 On acquisition of the non-Federal land by (2) FOREST.—The term ‘‘Forest’’ means the U.S.C. 460l-9), the boundaries of the Forest, the Secretary, the Secretary shall— Lincoln National Forest in the State of New as modified under paragraph (1), shall be con- (1) assume jurisdiction over the non-Fed- Mexico. sidered to be boundaries of the Forest as of eral land; and (3) MAP.—The term ‘‘map’’ means the map January 1, 1965. (2) amend the withdrawal for the Holloman entitled ‘‘Pine Springs Land Exchange’’ and (3) MANAGEMENT.—The Secretary shall Air Force Base to include the non-Federal dated May 25, 2004. manage the non-Federal land acquired under land. (4) NON-FEDERAL LAND.—The term ‘‘non- section 3(a) in accordance with— (d) INTERESTS INCLUDED IN EXCHANGE.— Federal land’’ means the parcel of University (A) the Act of March 1, 1911 (commonly Subject to valid existing rights, the land ex- land comprising approximately 80 acres, as known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et change under this Act shall include the con- depicted on the map. seq.); and veyance of all surface, subsurface, mineral, (5) SECRETARY.—The term ‘‘Secretary’’ (B) any other laws (including regulations) and water rights to the Federal land and means the Secretary of Agriculture. applicable to National Forest System land. non-Federal land exchanged. (6) UNIVERSITY.—The term ‘‘University’’ (c) DUTIES OF SECRETARY.—In exercising (e) COMPLIANCE WITH FEDERAL LAND POL- means Lubbock Christian University in the any discretion necessary to carry out this ICY AND MANAGEMENT ACT.— State of New Mexico. Act, the Secretary shall ensure that the pub- (1) IN GENERAL.—Except as provided in SEC. 3. LAND EXCHANGE. lic interest is well served. paragraph (2), the Secretary shall carry out (a) IN GENERAL.—In exchange for the con- The committee amendment in the the land exchange under this section in ac- veyance to the Secretary of the non-Federal nature of a substitute was agreed to. cordance with section 206 of the Federal land by the University, the Secretary shall The amendment was ordered to be Land Policy and Management Act of 1976 (43 convey to the University, by quitclaim deed, engrossed and the bill to be read a U.S.C. 1716). all right, title, and interest of the United third time. (2) CASH EQUALIZATION.—Notwithstanding States in and to the Federal land. The bill (H.R. 482), as amended, was section 206(b) of the Federal Land Policy and (b) MAP.— Management Act of 1976 (43 U.S.C. 1716(b)), a read the third time and passed. (1) AVAILABILITY OF MAP.—The map shall cash equalization payment may be made in be on file and available for inspection in— f excess of 25 percent of the appraised value of (A) the Office of the Chief of the Forest HOLLOMAN AIR FORCE BASE the Federal land. Service; and (f) NO AMENDMENT TO MANAGEMENT PLAN LAND EXCHANGE ACT (B) the Office of the Supervisor of Lincoln REQUIRED.—The exchange of Federal land National Forest. The Senate proceeded to consider the and non-Federal land shall not require an (2) MINOR ERRORS.—The Secretary and the bill (H.R. 486) to provide for a land ex- amendment to the White Sands Resource University may correct any minor errors in change involving private land and Bu- Management Plan. the map. reau of Land Management land in the (g) DISPOSITION AND USE OF PROCEEDS.— SEC. 4. EXCHANGE TERMS AND CONDITIONS. vicinity of Holloman Air Force Base, (1) DISPOSITION OF PROCEEDS.—The Sec- retary shall deposit any cash equalization (a) IN GENERAL.—The conveyance of Fed- New Mexico, for the purpose of remov- eral land under section 3(a) shall be subject payments received under this Act in the Fed- to— ing private land from the required safe- eral Land Disposal Account established (1) any valid existing rights; and ty zone surrounding munitions storage under section 206(a) of the Federal Land (2) any additional terms and conditions bunkers at Holloman Air Force Base, Transaction Facilitation Act (43 US.C. that the Secretary determines to be appro- and for other purposes, which had been 2305(a)). priate to protect the interests of the United reported from the Committee on En- (2) USE OF PROCEEDS.—Amounts deposited States. ergy and Natural Resources, with an under paragraph (1) shall be expended in ac- (b) ACCEPTABLE TITLE.—Title to the Non- amendment to strike all after the en- cordance with section 206(c) of the Federal Federal Land Shall— Land Transaction Facilitation Act (43 U.S.C. (1) conform with the title approval stand- acting clause and insert in lieu thereof 2305(c)). ards of the Attorney General applicable to the following: (h) ADDITIONAL TERMS AND CONDITIONS.— Federal land acquisitions; and SECTION 1. SHORT TITLE. The Secretary may require any additional (2) otherwise be acceptable to the Sec- This Act may be cited as the ‘‘Holloman terms and conditions for the land exchange retary. Air Force Base Land Exchange Act’’. that the Secretary considers to be appro- (c) COMPLIANCE WITH FEDERAL LAND POL- SEC. 2. DEFINITIONS. priate to protect the interests of the United ICY AND MANAGEMENT ACT.—The land ex- In this Act: States.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.097 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11542 CONGRESSIONAL RECORD — SENATE December 7, 2006 The committee amendment in the 1, 2001, and is reflected as such on the roster property to State agencies for wildlife con- nature of a substitute was agreed to. of leases of the Bureau of Reclamation for servation purposes. The amendment was ordered to be 2001. (d) PURCHASE OPTION.— (4) PIERRE CANAL FEATURE.—The term (1) IN GENERAL.—A preferential leaseholder engrossed and the bill to be read a ‘‘Pierre Canal feature’’ means the Pierre shall have an option to purchase from the third time. Canal feature of the Oahe Unit, James Divi- Secretary or the Commission, acting as an The bill (H.R. 486), as amended, was sion, authorized by the Act of August 3, 1968 agent for the Secretary, the preferential read the third time and passed. (82 Stat. 624), as part of the Pick-Sloan Mis- lease parcel that is the subject of the lease. f souri River Basin program. (2) TERMS.— (5) PREFERENTIAL LEASEHOLDER.—The term (A) IN GENERAL.—Except as provided in RIVER RAISIN NATIONAL ‘‘preferential leaseholder’’ means a person or subparagraph (B), a preferential leaseholder BATTLEFIELD STUDY ACT descendant of a person that held a lease on a may elect to purchase a parcel on one of the following terms: The bill (H.R. 5132), to direct the Sec- preferential lease parcel as of January 1, 2001, and is reflected as such on the roster of (i) Cash purchase for the amount that is retary of the Interior to conduct a spe- leases of the Bureau of Reclamation for 2001. equal to— cial resource study to determine the (6) PREFERENTIAL LEASE PARCEL.—The term (I) the value of the parcel determined suitability and feasibility of inc1uding ‘‘preferential lease parcel’’ means a parcel of under paragraph (4); minus in the National Park System certain land that— (II) ten percent of that value. sites in Monroe County, Michigan, re- (A) was purchased by the Secretary for use (ii) Installment purchase, with 10 percent lating to the Battles of the River Rai- in connection with the Blunt Reservoir fea- of the value of the parcel determined under paragraph (4) to be paid on the date of pur- sin during the War of 1812, was consid- ture or the Pierre Canal feature; and (B) was considered to be a preferential chase and the remainder to be paid over not ered, ordered to a third reading, read lease parcel by the Secretary as of January more than 30 years at 3 percent annual inter- the third time, and passed. 1, 2001, and is reflected as such on the roster est. f of leases of the Bureau of Reclamation for (B) VALUE UNDER $10,000.—If the value of the 2001. parcel is under $10,000, the purchase shall be CAPTAIN JOHN SMITH CHESA- (7) SECRETARY.—The term ‘‘Secretary’’ made on a cash basis in accordance with sub- PEAKE NATIONAL HISTORIC means the Secretary of the Interior, acting paragraph (A)(i). TRAIL DESIGNATION ACT through the Commissioner of Reclamation. (3) OPTION EXERCISE PERIOD.— (A) IN GENERAL.—A preferential lease- The bill (H.R. 5466) to amend the Na- (8) STATE.—The term ‘‘State’’ means the State of South Dakota, including a successor holder shall have until the date that is 5 tional Trails System Act to designate in interest of the State. years after enactment of this Act to exercise the Captain John Smith Chesapeake (9) UNLEASED PARCEL.—The term ‘‘unleased the option under paragraph (1). National Historic Trail, was consid- parcel’’ means a parcel of land that— (B) CONTINUATION OF LEASES.—Until the ered, ordered to a third reading, read (A) was purchased by the Secretary for use date specified in subparagraph (A), a pref- the third time, and passed. in connection with the Blunt Reservoir fea- erential leaseholder shall be entitled to con- ture or the Pierre Canal feature; and tinue to lease from the Secretary the parcel f (B) is not under lease as of the date of en- leased by the preferential leaseholder under BLUNT RESERVOIR AND PIERRE actment of this Act. the same terms and conditions as under the CANAL LAND CONVEYANCE ACT (b) DEAUTHORIZATION.—The Blunt Res- lease, as in effect as of the date of enactment OF 2006 ervoir feature is deauthorized. of this Act. (c) ACCEPTANCE OF LAND AND OBLIGA- (4) VALUATION.— The Senate proceeded to consider the TIONS.— (A) IN GENERAL.—The value of a pref- bill (S. 2205) to direct the Secretary of (1) IN GENERAL.—As a term of each convey- erential lease parcel shall be its fair market the Interior to convey certain parcels ance under subsections (d)(5) and (e), respec- value for agricultural purposes determined of land acquired for the Blunt Res- tively, the State may agree to accept— by an independent appraisal less 25 percent, (A) in ‘‘as is’’ condition, the portions of the ervoir and Pierre Canal features of the exclusive of the value of private improve- Blunt Reservoir Feature and the Pierre ments made by the leaseholders while the initial stage of the Oahe Unit, James Canal Feature that pass into State owner- land was federally owned before the date of Division, South Dakota, to the Com- ship; the enactment of this Act, in conformance mission of Schools and Public Lands (B) any liability accruing after the date of with the Uniform Appraisal Standards for and the Department of Game, Fish, and conveyance as a result of the ownership, op- Federal Land Acquisition. Parks of the State of South Dakota for eration, or maintenance of the features re- (B) FAIR MARKET VALUE.—Any dispute over the purpose of mitigating lost wildlife ferred to in subparagraph (A), including li- the fair market value of a property under habitat, on the condition that the cur- ability associated with certain outstanding subparagraph (A) shall be resolved in accord- obligations associated with expired ease- rent preferential leaseholders shall ance with section 2201.4 of title 43, Code of ments, or any other right granted in, on, Federal Regulations. have an option to purchase the parcels over, or across either feature; and (5) CONVEYANCE TO THE STATE.— from the Commission, and for other (C) the responsibility that the Commission (A) IN GENERAL.—If a preferential lease- purposes. will act as the agent for the Secretary in ad- holder fails to purchase a parcel within the The amendment (No. 5229) was agreed ministering the purchase option extended to period specified in paragraph (3)(A), the Sec- to, as follows: preferential leaseholders under subsection retary shall offer to convey the parcel to the (d). Strike all after the enacting clause and in- State of South Dakota Department of Game, (2) RESPONSIBILITIES OF THE STATE.—An sert the following: Fish, and Parks. outstanding obligation described in para- (B) WILDLIFE HABITAT MITIGATION.—Land SECTION 1. SHORT TITLE. graph (1)(B) shall inure to the benefit of, and conveyed under subparagraph (A) shall be This Act may be cited as the ‘‘Blunt Res- be binding upon, the State. used by the South Dakota Department of ervoir and Pierre Canal Land Conveyance (3) OIL, GAS, MINERAL AND OTHER OUT- Game, Fish, and Parks for the purpose of Act of 2006’’. STANDING RIGHTS.—A conveyance to the mitigating the wildlife habitat that was lost SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL. State under subsection (d)(5) or (e) or a sale as a result of the development of the Pick- (a) DEFINITIONS.—In this section: to a preferential leaseholder under sub- Sloan project. (1) BLUNT RESERVOIR FEATURE.—The term section (d) shall be made subject to— (6) USE OF PROCEEDS.—Proceeds of sales of ‘‘Blunt Reservoir feature’’ means the Blunt (A) oil, gas, and other mineral rights re- land under this Act shall be deposited as Reservoir feature of the Oahe Unit, James served of record, as of the date of enactment miscellaneous funds in the Treasury and Division, authorized by the Act of August 3, of this Act, by or in favor of a third party; such funds shall be made available, subject 1968 (82 Stat. 624), as part of the Pick-Sloan and to appropriations, to the State for the estab- Missouri River Basin program. (B) any permit, license, lease, right-of-use, lishment of a trust fund to pay the county (2) COMMISSION.—The term ‘‘Commission’’ or right-of-way of record in, on, over, or taxes on the lands received by the State De- means the Commission of Schools and Public across a feature referred to in paragraph partment of Game, Fish, and Parks under Lands of the State. (1)(A) that is outstanding as to a third party the bill. (3) NONPREFERENTIAL LEASE PARCEL.—The as of the date of enactment of this Act. (e) CONVEYANCE OF NONPREFERENTIAL term ‘‘nonpreferential lease parcel’’ means a (4) ADDITIONAL CONDITIONS OF CONVEYANCE LEASE PARCELS AND UNLEASED PARCELS.— parcel of land that— TO STATE.—A conveyance to the State under (1) CONVEYANCE BY SECRETARY TO STATE.— (A) was purchased by the Secretary for use subsection (d)(5) or (e) shall be subject to the (A) IN GENERAL.—Not later than 1 year in connection with the Blunt Reservoir fea- reservations by the United States and the after the date of enactment of this Act, the ture or the Pierre Canal feature; and conditions specified in section 1 of the Act of Secretary shall offer to convey to the South (B) was considered to be a nonpreferential May 19, 1948 (chapter 310; 62 Stat. 240), as Dakota Department of Game, Fish, and lease parcel by the Secretary as of January amended (16 U.S.C. 667b), for the transfer of Parks the nonpreferential lease parcels and

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.099 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11543 unleased parcels of the Blunt Reservoir and for expenses incurred implementing this Act, (2) supports the efforts of The Compas- Pierre Canal. not to exceed 10 percent of the cost of each sionate Friends to assist and comfort fami- (B) WILDLIFE HABITAT MITIGATION.—Land transaction conducted under this Act. lies grieving the loss of a child; and conveyed under subparagraph (A) shall be The bill (S. 2205), as amended, was or- (3) calls upon the people of the United used by the South Dakota Department of dered to be engrossed for a third read- States to observe National Children’s Memo- Game, Fish, and Parks for the purpose of ing, was read the third time, and rial Day with appropriate ceremonies and ac- mitigating the wildlife habitat that was lost passed. tivities in remembrance of the many infants, as a result of the development of the Pick- children, teenagers, and young adults of fam- Sloan project. f ilies in the United States who have died. (2) LAND EXCHANGES FOR NONPREFERENTIAL THE USE OF ENERGY EFFICIENT f LEASE PARCELS AND UNLEASED PARCELS.— COMPUTER SERVERS IN THE (A) IN GENERAL.—With the concurrence of CORRECTING THE ENROLLMENT the South Dakota Department of Game, UNITED STATES OF H.R. 5946 Fish, and Parks, the South Dakota Commis- The Senate proceeded to consider the Mr. DEWINE. Mr. President, I ask sion of Schools and Public Lands may allow bill (H.R. 5646) to study and promote unanimous consent that the Senate a person to exchange land that the person the use of energy efficient computer owns elsewhere in the State for a nonpref- now proceed to the consideration of S. servers in the United States. Con. Res. 123, which was submitted ear- erential lease parcel or unleased parcel at The bill (H.R. 5646) was ordered to a Blunt Reservoir or Pierre Canal, as the case lier today, that the resolution be third reading, was read the third time, may be. agreed to and the motion to reconsider and passed. (B) PRIORITY.—The right to exchange non- be laid upon the table. preferential lease parcels or unleased parcels f The PRESIDING OFFICER. Without shall be granted in the following order or pri- NATIONAL CHILDREN’S MEMORIAL objection, it is so ordered. ority: The concurrent resolution (S. Con. (i) Exchanges with current lessees for non- DAY Res. 123) was agreed to, as follows: preferential lease parcels. Mr. DEWINE. Mr. President, I ask (ii) Exchanges with adjoining and adjacent unanimous consent that the Judiciary S. CON. RES. landowners for unleased parcels and nonpref- Committee be discharged from further Resolved by the Senate (the House of Rep- erential lease parcels not exchanged by cur- consideration and the Senate now pro- resentatives concurring) That, in the enroll- rent lessees. ment of the bill H.R. 5946, the Clerk of the ceed to S. Res. 590. (C) EASEMENT FOR WATER CONVEYANCE House shall make the following corrections: STRUCTURE.—As a condition of the exchange The PRESIDING OFFICER. Without (1) In the table of contents, strike the item of land of the Pierre Canal Feature under objection, it is so ordered. The clerk relating to section 702 and redesignate the this paragraph, the United States reserves a will report the resolution by title. item relating to section 703 as relating to perpetual easement to the land to allow for The legislative clerk read as follows: section 702. the right to design, construct, operate, main- A resolution (S. Res. 590) designating the (2) In title VII, strike section 702 and redes- tain, repair, and replace a pipeline or other second Sunday in December 2006, as ‘‘Na- ignate section 703 as section 702. water conveyance structure over, under, tional Children’s Memorial Day’’ in conjunc- f across, or through the Pierre Canal feature. tion with The Compassionate Friends World- (f) RELEASE FROM LIABILITY.— wide Candle Lighting. RETIREMENT OF LINDA E. SEBOLD (1) IN GENERAL.—Effective on the date of There being no objection, the Senate Mr. DEWINE. Mr. President, I ask conveyance of any parcel under this Act, the unanimous consent that the Senate United States shall not be held liable by any proceeded to consider the resolution. court for damages of any kind arising out of Mr. DEWINE. Mr. President, I ask now proceed to the consideration of S. any act, omission, or occurrence relating to unanimous consent that the resolution Res. 626, which was submitted earlier the parcel, except for damages for acts of be agreed to, the preamble be agreed today. negligence committed by the United States to, and the motion to reconsider be laid The PRESIDING OFFICER. The or by an employee, agent, or contractor of upon the table. clerk will report the resolution by the United States, before the date of convey- The PRESIDING OFFICER. Without title. ance. objection, it is so ordered. The legislative clerk read as follows: (2) NO ADDITIONAL LIABILITY.—Nothing in The resolution (S. Res. 590) was A resolution (S. Res. 626) relating to the this section adds to any liability that the retirement of Linda E. Sebold. United States may have under chapter 171 of agreed to. title 28, United States Code (commonly The preamble was agreed to. There being no objection, the Senate known as the ‘‘Federal Tort Claims Act’’). The resolution, with its preamble, proceeded to consider the resolution. (g) REQUIREMENTS CONCERNING CONVEYANCE reads as follows: Mr. FRIST. Mr. President, after 33 OF LEASE PARCELS.— S. RES. 590 years of service to the U.S. Senate, (1) INTERIM REQUIREMENTS.—During the pe- Whereas approximately 200,000 infants, Linda Sebold has decided to retire. riod beginning on the date of enactment of children, teenagers, and young adults of fam- Linda began her Senate career with the this Act and ending on the date of convey- ilies living throughout the United States die ance of the parcel, the Secretary shall con- Office of the Secretary of the Senate each year from a myriad of causes; tinue to lease each preferential lease parcel back in August of 1973, and until this Whereas stillbirth, miscarriage, and the or nonpreferential lease parcel to be con- day Linda remains totally dedicated to death of an infant, child, teenager, or young veyed under this section under the terms and the Senate. After 5 years as an assist- adult are considered some of the greatest conditions applicable to the parcel on the ant in the Disbursing Office, Linda be- tragedies that a parent or family could ever date of enactment of this Act. endure; came the Committee Scheduling Coor- (2) PROVISION OF PARCEL DESCRIPTIONS.— Whereas a supportive environment, empa- dinator for the Daily Digest. In time, Not later than 180 days after the date of the thy, and understanding are considered crit- through dedication and hard work, enactment of this Act, the Secretary, in con- ical factors in the healing process of a family sultation with the Commission, shall provide Linda was named the Assistant Editor that is coping with and recovering from the the State a full legal description of all pref- of the Digest, and in the spring of 1999, loss of a loved one; erential lease parcels and nonpreferential Linda was appointed Editor of the Di- Whereas the mission of The Compassionate lease parcels that may be conveyed under gest. Friends is to assist families working towards this section. Throughout Linda’s years of service, (h) CURATION OF ARCHEOLOGICAL COLLEC- the positive resolution of grief following the death of a child of any age and to provide in- the combination of her experience and TIONS.—The Secretary, in consultation with work ethic allowed her to produce a the State, shall transfer, without cost to the formation to help others be supportive; and State, all archeological and cultural re- Whereas the work of local chapters of The top flight Daily Digest. The Digest is source items collected from the Blunt Res- Compassionate Friends provides a caring en- one those valuable Senate resources ervoir Feature and Pierre Canal Feature to vironment in which bereaved parents, grand- thoroughly examined the first thing the South Dakota State Historical Society. parents, and siblings can work through their each morning by many Senate and (i) AUTHORIZATION OF APPROPRIATIONS.— grief with the help of others: Now, therefore, House staffers. Some people with There is authorized to be appropriated to be it Linda’s years of experience might have carry out this Act $750,000 to reimburse the Resolved, That the Senate— Secretary for expenses incurred in imple- (1) designates the second Sunday in Decem- become complacent, but throughout menting this Act, and such sums as are nec- ber 2006, as ‘‘National Children’s Memorial her service, Linda remained vigilant, essary to reimburse the Commission and the Day’’ in conjunction with The Compas- working closely with Senate com- State Department of Game, Fish, and Parks sionate Friends Worldwide Candle Lighting; mittee staff, the Government Printing

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.104 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11544 CONGRESSIONAL RECORD — SENATE December 7, 2006 Office, the Senate Sergeant at Arms Mr. DEWINE. Mr. President, I ask Hyatt, and Days Inn hotels in Amman, Jor- technical development staff, the Sec- unanimous consent that the resolution dan, resulting in the deaths of scores of civil- retary’s information technology staff, be agreed to, the preamble be agreed ians and the injuries of hundreds of others; and her counterparts in the House of to, and the motion to reconsider be laid Whereas Jordan has been targeted in several terrorist attacks over the past few years Representatives in search of possible upon the table. and likely remains a target for Islamic ex- improvements for the Digest. The PRESIDING OFFICER. Without tremists; Over the years, Linda’s achievements objection, it is so ordered. Whereas Jordan provided unequivocal sup- were not limited to the Daily Digest. The resolution (S. Res. 626) was port to the United States after the Sep- Linda’s recommendations led to nu- agreed to. tember 11, 2001, terrorist attacks; merous improvements being imple- The preamble was agreed to. Whereas Jordan has arrested suspected ter- mented to the Senate-wide Legislative The resolution, with its preamble, rorists with possible ties to Osama bin Information System. Linda has con- reads as follows: Laden’s Al Qaeda organization and has provided other critical support to the global war S. RES. 626 tributed significantly to the Senate’s on terrorism; and continuity of operations planning. Whereas Linda E. Sebold has faithfully Whereas Jordan remains a firm ally of the Linda has been a true leader among the served the United States Senate for more United States in the global war against ter- Secretary’s legislative staff. Linda has than 33 years; rorism and in helping to achieve a lasting been the ultimate teacher and mentor Whereas Linda began her service to the peace in the Middle East: Now, therefore, be for all those fortunate enough to have Senate as an assistant in the Disbursing Of- it fice in 1973; Resolved, That the Senate— worked with her. During her time with Whereas Linda became the Committee the Senate, one of Linda’s most impor- (1) notes with sorrow the one-year anniver- Scheduling Coordinator for the Daily Digest sary of the November 9, 2005, terrorist at- tant roles has been the time she has in 1978 and was promoted to Editor of the tacks in Amman, Jordan; taken to counsel and encourage young Daily Digest in 1999; (2) condemns in the strongest possible people, especially ‘‘young moms,’’ with Whereas Linda has been a leader in imple- terms the November 9, 2005, terrorist at- respect to the personal demands associ- menting technological advances in the prep- tacks; ated with working Senate hours. aration of the Daily Digest; (3) expresses its ongoing condolences to the Whereas Linda has made a significant con- families and friends of those individuals who As our Senate family says goodbye to tribution to continuity of government plan- Linda and thanks her for always hav- were killed in the attacks and its sympathies ning; to those individuals who were injured; ing the best interest of the Senate at Whereas, during her 331⁄2 year tenure, she (4) reiterates its support of the Jordanian has at all times discharged the difficult du- heart over the past 33 years, it is also people and their government; fitting that we acknowledge her great- ties and responsibilities of her office with ex- (5) values the strong and lasting friendship est accomplishment, her beautiful fam- traordinary efficiency, aplomb, and devo- between Jordan and the United States and ily. It is our wish that Linda, her lov- tion; the continuing cooperation of the two na- Whereas Linda’s service to the Senate has tions in political, economic, and humani- ing husband Jerry, her son Brian and been marked by her personal commitment to tarian endeavors; and daughter Karen, enjoy a future filled the highest standards of excellence; and (6) expresses its readiness to support and with health, happiness, and many Whereas Linda is retiring after more than assist the Jordanian authorities in their ef- treasured memories. We thank Linda’s 33 years service to the United States Senate: forts to pursue, disrupt, undermine, and dis- Now, therefore, be it family for their many sacrifices during mantle the networks that plan and carry out Resolved, That Linda E. Sebold be and here- Linda’s career and sincerely thank such terrorist attacks as the November 9, them for sharing Linda with the Sen- by is commended for her outstanding service to her country and to the United States Sen- 2005, terrorist attacks in Amman, Jordan. ate. ate. f Thank you, Linda. SEC. 2. The Secretary of the Senate shall SUPPORTING THE 200TH ANNIVER- Mr. REID. Mr. President, the end of transmit a copy of this resolution to Linda the 109th Congress marks the end of a E. Sebold. SARY OF THE NATION’S CHART- ING AND RELATED SCIENTIFIC very distinguished career of Linda f Sebold, Editor of the Senate Daily Di- PROGRAMS COMMEMORATING THE ONE-YEAR gest. Mr. DEWINE. Mr. President, I ask After 33 years of Senate service, ANNIVERSARY OF THE TER- unanimous consent that the Senate Linda has decided that she will retire RORIST ATTACKS IN AMMAN, now proceed to the consideration of S. and spend time with her family. Linda JORDAN Res. 628 which was submitted earlier began her Senate career with the Office Mr. DEWINE. Mr. President, I ask today. of the Secretary of the Senate in Au- unanimous consent that the Senate The PRESIDING OFFICER. The gust 1973, and remained a totally dedi- now proceed to the consideration of S. clerk will report the resolution by cated Senate employee. Res. 627, which was submitted earlier title. Through her hard work and dedica- today. The legislative clerk read as follows: tion, Linda advanced through the The PRESIDING OFFICER. The A resolution (S. Res. 628) supporting the ranks and was named Assistant Editor clerk will report the resolution by 200th anniversary of the Nation’s nautical of the Digest, and in the spring of 1999, title. charting and related scientific programs, Linda was appointed Editor of the Di- The legislative clerk read as follows: which formed the basis for what is today the gest. A resolution (S. Res. 627) commemorating National Oceanic and Atmospheric Adminis- Over the course of Linda’s Senate ca- the one-year anniversary of the November 9, tration. reer, she had made numerous contribu- 2005, terrorist attacks in Amman, Jordan. There being no objection, the Senate tions which have been instrumental in There being no objection, the Senate proceeded to consider the resolution. the development of the Senate-wide proceeded to consider the resolution. Mr. DEWINE. Mr. President, I ask Legislative Information System, LIS. Mr. DEWINE. Mr. President, I ask unanimous consent the resolution be Additionally, she had worked dili- unanimous consent that the resolution agreed to, the preamble be agreed to, gently in the area of the Senate’s con- be agreed to, the preamble be agreed and the motion to reconsider be laid tinuity of operations planning. Linda to, and the motion to reconsider be laid upon the table. has been a true leader in the Senate’s on the table. The PRESIDING OFFICER. Without legislative staff operations. The PRESIDING OFFICER. Without objection, it is so ordered. It is our hope and wish that Linda, objection, it is so ordered. The resolution (S. Res. 628) was along with her husband Jerry and her The resolution (S. Res. 627) was agreed to. children, Brian and Karen, will enjoy agreed to. The preamble was agreed to. many days and family fun, and we wish The preamble was agreed to. The resolution, with its preamble, her well as she embarks on her adven- The resolution, with its preamble, reads as follows: ture of retirement. reads as follows: S. RES. 628 Good luck, Linda, and thank you S. RES. 627 Whereas the Act of February 10, 1807 (chap- very much for your service to the Sen- Whereas on November 9, 2005, a series of ter VIII; 2 Stat. 4113), signed by President ate and the Nation. terrorist bombs exploded at the Radisson, Thomas Jefferson, authorized and requested

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.107 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11545 the President ‘‘to cause a survey be taken of conservation, coastal management, and the (ii) has determined that— the coast of the United States . . . together protection of life and property from coastal (I) not less than 25 years have passed since with such other matters as he may deem storms and other hazards, as most recently the death of any subject in a portrait in- proper for completing an accurate chart of demonstrated in responding to and facili- cluded in the permanent artwork or semi- every part of the coasts’’; tating the recovery of communities and com- permanent artwork; and Whereas the Coast Survey was established merce in the hurricane stricken Gulf Coast; (II) not less than 25 years have passed since to carry out the duties established under Whereas the devotion, industry, efficiency, the commemorative event that is to be por- such Act, and was the first Federal science and enterprise of these people and programs trayed in the permanent artwork or semi- agency of the United States; over their 200-year history have set an envi- permanent artwork; and Whereas over time additional duties, in- able record of public service: Now, therefore, (2) the Senate has passed a Senate resolu- cluding geodetic surveying and tide and cur- be it tion approving the recommendation of the rent monitoring and predictions, were be- Resolved, by the Senate That the Senate— Senate Commission on Art. stowed upon the agency, which was first (1) recognizes that for over 200 years, the SEC. 2. SENSE OF THE SENATE. known as the U.S. Coast Survey and later National Oceanic and Atmospheric Adminis- It is the sense of the Senate that prior to the U.S. Coast and Geodetic Survey; tration and its predecessor agencies have making a recommendation to affix any per- Whereas, in addition to providing charts been providing the Nation research, service, manent artwork or semi-permanent artwork and information vital to the young nation’s and stewardship of the marine environment, to the walls, floors, or ceilings of the public economic and commercial success, such pio- through products and services that protect spaces and committee rooms of the Senate neering agency led some of the nation’s ear- lives and property, strengthen the economy, wing of the Capitol and the Senate office liest oceanographic research, undertaking and support and sustain our coastal and ma- buildings, the Senate Commission on Art surveys of the Gulf Stream to determine rine resources; should consider, at a minimum, the fol- temperatures, depths, direction, and velocity (2) recognizes the vision of President lowing: as well as the character of the seafloor and Thomas Jefferson in supporting the advance- (1) The significance of the original, informs of vegetation and marine life; ment of science, and the survey of the coast tended, or existing permanent artwork or Whereas the early technicians and sci- in particular, to the welfare and commercial semi-permanent artwork in the installation entists of such agency invented and sup- success of the Nation; space proposed for the additional permanent ported the development of many innovative (3) recognizes the contributions made over artwork or semi-permanent artwork. tools that led to advances in hydrographic, the past 200 years by the past and current (2) The existing conditions of the surface of shoreline, and geodetic surveying and car- employees and officers of the Office of Coast the proposed installation space. tographic methods, the first real-time water Survey, the National Geodetic Survey, and (3) The last time fixed art was added to the level stations, and deep-sea anchoring; the Center for Operational Oceanographic proposed installation space. Whereas during the 20th century such Products and Services of the National Oce- (4) The amount of area available for the in- agency, by then re-named the Coast and Geo- anic and Atmospheric Administration; and stallation of permanent artwork or semi-per- detic Survey, advanced the development and (4) encourages the people of the United manent artwork in the proposed installation marine applications of electronics and acous- States to salute and share in the planned space. tics, including the development of Radar celebrations of these historic programs dur- (5) The opinion of the Curatorial Advisory Acoustic Ranging, radio sono-buoys and the ing 2007 with ceremonies designed to give ap- Board on such affixation. Roberts Radio Current Meter Buoy; propriate recognition to one of our oldest SEC. 3. CREATION OF ARTWORK. Whereas throughout their history these and most respected Federal agencies on the If a request to affix permanent artwork or programs have provided services in support occasion of its bicentennial anniversary. semi-permanent artwork to the walls, floors, of the Nation’s commerce and defense serv- or ceilings of the public spaces and coming in all theaters of the Civil War and in ESTABLISHING A PROCEDURE FOR mittee rooms of the Senate wing of the Cap- World Wars I and II as hydrographers, car- AFFIXING AND REMOVING ART- itol and the Senate office buildings meets tographers, topographers, and scouts, includ- WORK the requirements of section 1, the Senate ing the production of more than 100 million Commission on Art shall select the artist maps and charts for U.S. and Allied forces; Mr. DEWINE. Mr. President, I ask and shall supervise and direct the creation of Whereas our Nation’s interests and econ- unanimous consent the Senate proceed the artwork and the application of the art- omy became increasingly interwoven with to the consideration of S. Res. 629 work to the selected surface. the marine and atmospheric environment, a which was submitted earlier today. number of Federal science agencies with SEC. 4. DEFINITIONS. The PRESIDING OFFICER. The In this resolution— complimentary functions, including the clerk will report the resolution by Weather Bureau and the Bureau of Commer- (1) PERMANENT ARTWORK.—The term ‘‘per- title. manent artwork’’ means artwork that when cial Fisheries, were combined with such The legislative clerk read as follows: agency to create the National Oceanic and applied directly to a wall, ceiling, or floor Atmospheric Administration (NOAA); A resolution (S. Res. 629) establishing a has become part of the fabric of the building, Whereas today these mapping and chart- procedure for affixing and removing perma- based on a consideration of relevant factors ing, geodesy, and tide and current data pro- nent artwork and semi-permanent artwork including— grams are located in the National Ocean in the Senate wing of the Capitol and in the (A) the original intent when the artwork Service of NOAA, in the Coast Survey, the Senate office buildings. was applied; National Geodetic Survey, and the Center for There being no objection, the Senate (B) the method of application; Operational Oceanographic Products and proceeded to consider the resolution. (C) the adaptation or essentialness of the artwork to the building; and Services; Mr. DEWINE. Mr. President, I ask (D) whether the removal of the artwork Whereas these programs promote NOAA’s unanimous consent that the resolution commerce and transportation goals and con- would cause damage to either the artwork or be agreed to and the motion to recon- the surface that contains it. tinue to support the research, development sider be laid upon the table. and application of state-of-the-art surveying, (2) SEMI-PERMANENT ARTWORK.—The term mapping, charting, ocean observing, mod- The PRESIDING OFFICER. Without ‘‘semi-permanent artwork’’ means artwork eling, and Internet-based product delivery objection, it is so ordered. that when applied directly to the surface of services to promote safe and efficient com- The resolution (S. Res. 629) was a wall, ceiling, or floor can be removed with- merce and transportation and contributing agreed to, as follows: out damaging the artwork or the surface to to the advancement of integrated ocean and S. RES. 629 which the artwork is applied. earth observing systems; Resolved, f Whereas, these programs continue to dem- SECTION 1. STANDARDS FOR PERMANENT ART- HONORING THE MEMORY OF onstrate relevance, value, importance, and WORK AND SEMI-PERMANENT ART- service promoting and employing innovative WORK. ARNOLD ‘‘RED’’ AUERBACH partnerships with other agencies, State and No permanent artwork or semi-permanent Mr. DEWINE. Mr. President, I ask local authorities, academia, and the private artwork may be affixed to or removed from unanimous consent that the Senate sector; the walls, floors, or ceilings of the public proceed to the immediate consider- Whereas, these programs work internation- spaces and committee rooms of the Senate ation of H. Con. Res. 497 just received ally as the United States representative to wing of the Capitol and the Senate office the International Hydrographic Organization buildings unless— from the House and at the desk. and through other organizations to promote (1) the Senate Commission on Art— The PRESIDING OFFICER. The integrated and uniform standards, protocols, (A) has recommended the affixation or re- clerk will report the concurrent resolu- formats, and services; moval; and tion by title. Whereas in addition to commerce and (B) in the case of an affixation of perma- The legislative clerk read as follows: transportation these programs also advance nent artwork or semi-permanent artwork— A concurrent resolution (H. Con. Res. 497) NOAA’s weather and water, climate, and eco- (i) has recommended an appropriate loca- to honor the memory of Arnold ‘‘Red’’ system missions including marine resource tion for the affixation; and Auerbach.

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.110 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11546 CONGRESSIONAL RECORD — SENATE December 7, 2006 There being no objection, the Senate tion. Even if you rooted against the catch a whiff of that unforgettable proceeded to consider the concurrent Celtics, Red Auerbach made your home cigar smoke or see him shake his rolled resolution. team great, too. up program at a bad call by an official f Mr. KERRY. Mr. President, I want to again, we will never forget the man express my thanks to all of my col- who taught us how to win again and in- ARNOLD ‘‘RED’’ AUERBACH leagues for adopting this resolution to spired a city to be champions. Boston— Mr. KENNEDY. Mr. President, today, honor the memory of Boston’s greatest indeed America—lost one of its finest we pay special tribute to a giant of sports champion and legend, Arnold with Red’s passing. And I am so pleased sports in Massachusetts we are proud ‘‘Red’’ Auerbach. Plain and simple, Red that the U.S. Senate is honoring his to call our own. I was honored to speak Auerbach was basketball. He was more life today by passing this resolution. at his memorial service in Boston, and than just the greatest NBA coach of all Mr. DEWINE. Mr. President, I ask I am honored today to offer this resolu- time; he was the creator of the modern unanimous consent that the concur- tion on the one and only Arnold ‘‘Red’’ professional game. rent resolution be agreed to, the pre- Auerbach, who died in October at the Through the selection of the likes of amble be agreed to, the motion to re- age of 89. Cousy, Russell, Havlicek, and Bird, Red consider be laid upon the table, and Red was a pioneer in sports and in built the greatest basketball dynasty that any statements relating thereto civil rights as well. He has been widely in history. During two decades of be printed in the RECORD without inter- praised as one of the architects of the coaching, Red Auerbach won 938 games vening action or debate. new Boston. He will never be forgot- and led the Boston Celtics to a record The PRESIDING OFFICER. Without ten—and there will never be another 9 National Basketball Association, objection, it is so ordered. like him. NBA, championship titles. He was in- The concurrent resolution (H. Con. Basketball was his sport, and the ducted into the Basketball Hall of Celtics he led with the legendary Bob Res. 497) was agreed to. Fame twice, once for his coaching and Cousy and incomparable Bill Russell The preamble was agreed to. once for his contributions to the game. set the gold standard for the NBA for f In 1980, Red was voted the greatest many years and transformed his city as coach in NBA history by the Profes- AMENDING THE CHEYENNE RIVER well as his sport. SIOUX TRIBE EQUITABLE COM- The stories of his competitive drive sional Basketball Writers Association PENSATION ACT have become legendary. Red had a deep of America. Fourteen of Red’s players and abiding passion for life and for liv- have been inducted into the Basketball Mr. DEWINE. Mr. President, I ask ing each day as if it was a gift from Hall of Fame. After moving to the Celt- unanimous consent that the Senate above. Whenever you were in his pres- ics front office in 1966, Red’s knowledge proceed to the immediate consider- ence, you could sense the powerful joy of basketball was instrumental in help- ation of calendar No. 623, S. 1535. that comes to the rare few like Red ing the Celtics win seven additional The PRESIDING OFFICER. The Auerbach, who know they have done NBA titles. clerk will report the bill by title. everything possible in every way on In 1985, a life-size sculpture of Red The legislative clerk read as follows: Auerbach was placed in Boston’s his- every day to achieve their dream. A bill (S. 1535) to amend the Cheyenne Red Auerbach was a great coach and toric Faneuil Hall Marketplace to River Sioux Tribe Equitable Compensation also a great man. He believed in win- honor Red’s contributions to the Bos- Amendments Act to provide compensation to ning, but he also believed that every ton Celtics and the city of Boston. members of the Cheyenne River Sioux Tribe individual should have the chance to be Most importantly, Red was known as for damage resulting from the Oahe Dam and a winner. In the 1950s, before every a visionary and for his fierce loyalty to Reservoir Project, and for other purposes. Celtics game Red would invite a few the people who worked for the Boston There being no objection, the Senate children to play a brief game of basket- Celtics. From the players, to the proceeded to consider the bill which ball, complete with uniforms, official coaches, to the ball boys, Red recog- had been reported from the Committee referees, and all the rest on the famous nized the goodness in people and on Indian Affairs, with an amendment Boston Garden parquet floor. One play- brought out the greatness in everyone to strike all after the enacting clause er would be from the CYO, one from he touched. He was an agent of change, and insert in lieu thereof the following: Chinatown, one from Roxbury, and one hiring the first African-American SECTION 1. SHORT TITLE. from the Young Men’s Hebrew Associa- coach in all of pro sports and drafting This Act may be cited as the ‘‘Cheyenne River tion. the league’s first African-American Sioux Tribe Equitable Compensation Amend- Long before anyone ever dreamed of player. ments Act of 2006’’. it, Red had created his own ‘‘Rainbow Red will be forever remembered as SEC. 2. FINDINGS. Coalition,’’ and he continued to cham- Boston’s greatest winner on the court, (a) FINDINGS.—Congress finds that— pion civil rights all his life. He was the but through the Red Auerbach Youth (1) the Pick-Sloan Missouri River Basin pro- first to go overseas with American Foundation, he made a difference in gram, authorized by section 9 of the Act of De- cember 22, 1944 (commonly known as the ‘‘Flood players to teach basketball to children thousands of young lives throughout Massachusetts. Red’s foundation fo- Control Act of 1944’’) (58 Stat. 891), was in- in Europe and Asia, and he deserves tended to promote the general economic develop- immense credit for making it the cuses on getting children, who would ment of the United States; international game it is today. not otherwise participate, involved in (2) the Oahe Dam and Reservoir Project— But his heart was in Boston, where sports and to bring children of all ra- (A) is a major component of the Pick-Sloan he single-handedly put basketball on cial and ethnic backgrounds together Missouri River Basin program; and the map. He created the famous Celtic through sports. (B) contributes to the national economy; ‘‘magic & mystique,’’ and renewed it Red was also a proud Navy man. The (3) the Oahe Dam and Reservoir Project flood- year after year with exciting basket- values of honor, commitment, and ined the fertile bottom land of the Cheyenne River tegrity that Red brought to his coach- Sioux Reservation, which greatly damaged the ball. In the end, he led the Celtics to 9 economy and cultural resources of the Cheyenne world championships as coach—8 in a ing were also taught in the Navy where River Sioux Tribe and caused the loss of many row and 16 world championships alto- he served so proudly. The Navy’s ‘‘Lone homes and communities of members of the Tribe; gether. He was voted greatest coach of Sailor Award,’’ which he recently re- (4) Congress has provided compensation to all time by the Professional Basketball ceived, will sit in a special place of several Indian tribes, including the Cheyenne Writers of America. honor in this giant’s trophy case along River Sioux Tribe, that border the Missouri Few giants in the world are known by with an awe inspiring number of cham- River and suffered injury as a result of 1 or one name—Cher, Madonna, Elvis, Bono, pionship trophies. more of the Pick-Sloan projects; and our very own ‘‘Red.’’ He will be My thoughts and prayers go out to (5) on determining that the compensation paid his children, Randy and Nancy, and his to the Cheyenne River Sioux Tribe was inad- greatly missed and never forgotten, equate, Congress enacted the Cheyenne River and his record of success will probably granddaughter Julie during this very Sioux Tribe Equitable Compensation Act (Public never be matched anywhere. difficult time. We take comfort know- Law 106–511; 114 Stat. 2365), which created the It is an honor to urge my colleagues ing he is once again in the arms of his Cheyenne River Sioux Tribal Recovery Trust in the Senate to support this resolu- beloved Dot. While we may never again Fund; and

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(6) that Act did not provide for additional ‘‘(c) INVESTMENTS.— ‘‘(E) PAR PURCHASE PRICE.— compensation to members of the Cheyenne River ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding ‘‘(i) IN GENERAL.—To preserve in perpetuity Sioux Tribe that lost land as a result of the any other provision of law, the Secretary of the the amount in the principal account, the pur- Oahe Dam and Reservoir Project. Treasury shall invest the Fund only in interest- chase price of an eligible obligation purchased (b) PURPOSES.—The purposes of this Act are— bearing obligations of the United States issued as an investment of the principal account shall (1) to provide that the Cheyenne River Sioux directly to the Fund. not exceed the par value of the obligation. Tribal Recovery Trust Fund may be used to pro- ‘‘(2) INVESTMENT REQUIREMENTS.— ‘‘(ii) TREATMENT.—At the maturity of an eligi- vide compensation to members of the Cheyenne ‘‘(A) IN GENERAL.—The Secretary of the ble obligation described in clause (i), any dis- River Sioux Tribe that lost land as a result of Treasury shall invest the Fund in accordance count from par in the purchase price of the eli- the Oahe Dam and Reservoir Project; and with this paragraph. gible obligation shall be treated as interest paid (2) to provide for the capitalization of the ‘‘(B) SEPARATE INVESTMENTS OF PRINCIPAL at maturity. Cheyenne River Sioux Tribal Recovery Trust AND INTEREST.— ‘‘(F) HOLDING TO MATURITY.—Eligible obliga- Fund. ‘‘(i) PRINCIPAL ACCOUNT.—The amounts de- tions purchased pursuant to this paragraph SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUI- posited into the Fund under subsection (b)(1) shall be held to their maturities. TABLE COMPENSATION. shall be— ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI- (a) FINDINGS AND PURPOSES.—Section 102 of ‘‘(I) credited to a principal account within the TIES.—Not less frequently than once each cal- the Cheyenne River Sioux Tribe Equitable Com- Fund (referred to in this paragraph as the ‘prin- endar year, the Secretary of the Treasury shall pensation Act (Public Law 106–511; 114 Stat. cipal account’); and review with the Tribe the results of the invest- ‘‘(II) invested in accordance with subpara- 2365) is amended— ment activities and financial status of the Fund graph (C). (1) in subsection (a)(3), by striking subpara- during the preceding calendar year. ‘‘(ii) INTEREST ACCOUNT.— graphs (A) and (B) and inserting the following: ‘‘(4) MODIFICATIONS.— ‘‘(I) IN GENERAL.—The interest earned from ‘‘(A) the United States did not justly or fairly ‘‘(A) IN GENERAL.—If the Secretary of the investing amounts in the principal account shall compensate the Tribe and member landowners Treasury determines that investing the Fund in for the Oahe Dam and Reservation project, be— ‘‘(aa) transferred to a separate interest ac- accordance with paragraph (2) is not prac- under which the United States acquired 104,492 count within the Fund (referred to in this para- ticable or would result in adverse consequences acres of land of the Tribe and member land- graph as the ‘interest account’); and to the Fund, the Secretary of the Treasury shall owners; and ‘‘(bb) invested in accordance with subpara- modify the requirements to the least extent nec- ‘‘(B) the Tribe and member landowners should graph (D). essary, as determined by the Secretary of the be adequately compensated for that land;’’; and ‘‘(II) CREDITING.—The interest earned from Treasury. (2) in subsection (b)(1), by inserting ‘‘and investing amounts in the interest account, and ‘‘(B) CONSULTATION.—Before making a modi- member landowners’’ after ‘‘Tribe’’ each place it the amounts deposited into the Fund under sub- fication under subparagraph (A), the Secretary appears. section (b)(2), shall be credited to the interest of the Treasury shall consult with the Tribe (b) DEFINITIONS.—Section 103 of the Cheyenne with respect to the modification.’’; River Sioux Tribe Equitable Compensation Act account. ‘‘(C) INVESTMENT OF PRINCIPAL ACCOUNT.— (3) in subsection (d), by striking paragraph (1) (Public Law 106–511; 114 Stat. 2365) is amend- ‘‘(i) INITIAL INVESTMENT.—Amounts in the and inserting the following: ed— principal account shall be initially invested in ‘‘(1) WITHDRAWAL OF INTEREST.—Beginning (1) by redesignating paragraph (1) as para- eligible obligations with the shortest available on the first day of the fiscal year beginning graph (3) and moving the paragraph so as to ap- maturity. after the date of enactment of the Cheyenne pear after paragraph (2); and ‘‘(ii) SUBSEQUENT INVESTMENTS.— River Sioux Tribe Equitable Compensation (2) by inserting before paragraph (2) the fol- ‘‘(I) IN GENERAL.—On the date on which the Amendments Act of 2006, and on the first day of lowing: amount in the principal account is divisible into each fiscal year thereafter, the Secretary of the ‘‘(1) MEMBER LANDOWNER.—The term ‘member 3 substantially equal portions, each portion Treasury shall withdraw and transfer all funds landowner’ means a member of the Tribe (or an shall be invested in eligible obligations that are in the interest account of the Fund to the Sec- heir of such a member) that owned land (includ- identical (except for transferability) to the next- retary of the Interior for use in accordance with ing land allotted under the Act of February 8, issued publicly-issued Treasury obligations hav- paragraph (2), to be available without fiscal 1887 (24 Stat. 388, chapter 119)) located on the ing a 2-year maturity, a 5-year maturity, and a year limitation.’’; and Cheyenne River Sioux Reservation that was ac- 10-year maturity, respectively. (4) in subsection (f)— quired by the United States for the Oahe Dam ‘‘(II) MATURITY OF OBLIGATIONS.—As each 2- (A) by redesignating paragraphs (3) and (4) as and Reservoir Project.’’. year, 5-year, and 10-year eligible obligation paragraphs (4) and (5), respectively; and (c) CHEYENNE RIVER SIOUX TRIBAL RECOVERY under subclause (I) matures, the principal of the (B) by inserting after paragraph (2) the fol- TRUST FUND.—Section 104 of the Cheyenne maturing eligible obligation shall be initially in- lowing: River Sioux Tribe Equitable Compensation Act vested in accordance with clause (i) until the ‘‘(3) MEMBER LANDOWNERS.— (Public Law 106–511; 114 Stat. 2365) is amend- date on which the principal is reinvested sub- ‘‘(A) ADDITIONAL COMPENSATION.— ed— stantially equally in the eligible obligations that ‘‘(i) IN GENERAL.—Except as provided in (1) by striking subsection (b) and inserting the are identical (except for transferability) to the clause (iii), the plan may provide for the pay- following: ment of additional compensation to member ‘‘(b) FUNDING.—On the first day of the fiscal next-issued publicly-issued Treasury obligations landowners for acquisition of land by the year beginning after the date of enactment of having 2-year, 5-year, and 10-year maturities. ‘‘(iii) DISCONTINUATION OF ISSUANCE OF OBLI- United States for use in the Oahe Dam and Res- the Cheyenne River Sioux Tribe Equitable Com- GATIONS.—If the Department of the Treasury ervoir Project. pensation Amendments Act of 2006 and on the discontinues issuing to the public obligations ‘‘(ii) DETERMINATION OF HEIRS.—An heir of a first day of each of the following 4 fiscal years having 2-year, 5-year, or 10-year maturities, the member landowner shall be determined in ac- (referred to in this section as the ‘capitalization principal of any maturing eligible obligation cordance with the probate code governing the dates’), the Secretary of the Treasury shall de- shall be reinvested substantially equally in estate of the member landowner. posit into the Fund, from amounts in the gen- available eligible obligations that are identical ‘‘(iii) EXCEPTION.—During any fiscal year, eral fund of the Treasury— payments of additional compensation to a mem- ‘‘(1) $58,144,591.60; and (except for transferability) to the next-issued ‘‘(2) an additional amount equal to the publicly-issued Treasury obligations with matu- ber landowner under clause (i) shall not— amount of interest that would have accrued if— rities of longer than 1 year. ‘‘(I) be deposited or transferred into— ‘‘(A) the amount described in paragraph (1) ‘‘(D) INVESTMENT OF INTEREST ACCOUNT.— ‘‘(aa) the Individual Indian Money account of had been— ‘‘(i) BEFORE EACH CAPITALIZATION DATE.—For the member landowner; or ‘‘(i) credited to the principal account as de- purposes of subsection (b)(2)(B), amounts con- ‘‘(bb) any other fund held by the United scribed in subsection (c)(2)(B)(i)(I) on the first sidered as if they were in the interest account of States on behalf of the member landowner; or day of the fiscal year beginning October 1, 2001; the Fund shall be invested in eligible obligations ‘‘(II) exceed an amount equal to 44.3 percent and that are identical (except for transferability) to of the amount transferred by the Secretary of ‘‘(ii) invested as described in subsection publicly-issued Treasury obligations that have the Interior to the Tribe under paragraph (2). (c)(2)(C) during the period beginning on the maturities that coincide, to the greatest extent ‘‘(B) PROVISION OF RECORDS.—To assist the date described in clause (i) and ending on the practicable, with the applicable capitalization Tribe in processing claims of heirs of member last day of the fiscal year before the fiscal year date for the Fund. landowners for land acquired by the United in which that amount is deposited into the ‘‘(ii) ON AND AFTER EACH CAPITALIZATION States for use in the Oahe Dam and Reservoir Fund; and DATE.—On and after each capitalization date, Project, the Secretary of the Interior shall pro- ‘‘(B) the interest that would have accrued amounts in the interest account shall be in- vide to the Tribe, in accordance with applicable under subparagraph (A) during the period de- vested and reinvested in eligible obligations that laws (including regulations), any record re- scribed in subparagraph (A)(ii) had been— are identical (except for transferability) to pub- quested by the Tribe to identify the heirs of ‘‘(i) credited to the interest account under licly-issued Treasury obligations that have ma- member landowners by the date that is 90 days subsection (c)(2)(B)(ii); and turities that coincide, to the greatest extent after the date of receipt of a request from the ‘‘(ii) invested during that period in accord- practicable, with the date on which the amounts Tribe.’’. ance with subsection (c)(2)(D)(i).’’; will be withdrawn by the Secretary of the Treas- (d) ELIGIBILITY OF TRIBE FOR CERTAIN PRO- (2) by striking subsection (c) and inserting the ury and transferred to the Secretary of the Inte- GRAMS AND SERVICES.—Section 105 of the Chey- following: rior for use in accordance with subsection (d). enne River Sioux Tribe Equitable Compensation

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00145 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.112 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11548 CONGRESSIONAL RECORD — SENATE December 7, 2006 Act (Public Law 106–511; 114 Stat. 2365) is The PRESIDING OFFICER. The Europe. Members of the North Atlantic Trea- amended in the matter preceding paragraph (1) clerk will call the roll. ty Organization can and should play a crit- by inserting ‘‘or any member landowner’’ after The legislative clerk proceeded to ical role in addressing the security chal- ‘‘Tribe’’. call the roll. lenges of the post-Cold War era in creating (e) EXTINGUISHMENT OF CLAIMS.—Section 107 the stable environment needed for those of the Cheyenne River Sioux Tribe Equitable Mr. DEWINE. Mr. President, I ask emerging democracies in Europe. Compensation Act (Public Law 106–511; 114 Stat. unanimous consent the order for the (2) Lasting stability and security in Europe 2368) is amended to read as follows: quorum call be rescinded. requires the military, economic, and polit- ‘‘SEC. 107. EXTINGUISHMENT OF CLAIMS. The PRESIDING OFFICER. Without ical integration of emerging democracies ‘‘(a) IN GENERAL.—On the date on which the objection, it is so ordered. into existing European structures. (3) In an era of threats from terrorism and final payment is deposited into the Fund under f section 104(b), all monetary claims that the the proliferation of weapons of mass destruc- Tribe has or may have against the United States MEASURE READ THE FIRST tion, the North Atlantic Treaty Organization for the taking by the United States of land and TIME—S. 4110 is increasingly contributing to security in property of the Tribe for the Oahe Dam and the face of global security challenges for the Reservoir Project of the Pick-Sloan Missouri Mr. DEWINE. Mr. President, I under- protection and interests of its member River Basin program shall be extinguished. stand there is a bill at the desk, and I states. ‘‘(b) EFFECT OF ACCEPTANCE OF PAYMENT.— ask for its first reading. (4) In the NATO Participation Act of 1994 On acceptance by a member landowner or an The PRESIDING OFFICER. The (title II of Public Law 103–447; 22 U.S.C. 1928 heir of a member landowner of any payment by clerk will please report the bill by note), Congress declared that ‘‘full and ac- the Tribe for damages resulting from the taking tive participants in the Partnership for title. Peace in a position to further the principles by the United States of land or property of the The legislative clerk read as follows: Tribe for the Oahe Dam and Reservoir Project of of the North Atlantic Treaty and to con- the Pick-Sloan Missouri River Basin program, A bill (S. 4110) to enhance Federal Trade tribute to the security of the North Atlantic all monetary claims that the member landowner Commission enforcement against illegal area should be invited to become full NATO or heir has or may have against the United spam, spywear, and cross-border fraud and members in accordance with Article 10 of States for the taking shall be extinguished.’’. deception, and for other purposes. such Treaty at an early date . . . ’’. (5) In the NATO Enlargement Facilitation Mr. DEWINE. Mr. President, I now Mr. DEWINE. Mr. President, I ask Act of 1996 (title VI of section 101(c) of title unanimous consent that the com- ask for a second reading and, in order I of division A of Public Law 104–208; 22 mittee-reported amendment be agreed to place the bill on the calendar under U.S.C. 1928 note), Congress called for the to, the bill, as amended, be read a third the provisions of rule XIV, I object to prompt admission of Poland, Hungary, the time and passed, the motion to recon- my own request. Czech Republic, and Slovenia to the North sider be laid upon the table, and that The PRESIDING OFFICER. Objec- Atlantic Treaty Organization, and declared that ‘‘in order to promote economic stability any statements relating to the bill be tion is heard. The bill will be read for the second time on the next legislative and security in Slovakia, Estonia, Latvia, printed in the RECORD. Lithuania, Romania, Bulgaria, Albania, The PRESIDING OFFICER. Without day. Moldova, and Ukraine . . . the process of en- objection, it is so ordered. (On Thursday, November 16, 2006, the larging NATO to include emerging democ- The committee amendment in the Senate took the following action:) racies in Central and Eastern Europe should nature of a substitute was agreed to. f not be limited to consideration of admitting The bill (S. 1535), as amended, was or- Poland, Hungary, the Czech Republic, and dered to be engrossed for a third read- ENDORSING FURTHER Slovenia as full members of the NATO Alli- ing, was read the third time, and ENLARGEMENT OF NATO ance’’. (6) In the European Security Act of 1998 passed. Mr. FRIST. I ask unanimous consent (title XXVII of division G of Public Law 105– f that the Committee on Foreign Rela- 277; 22 U.S.C. 1928 note), Congress declared tions be discharged from further con- that ‘‘Poland, Hungary, and the Czech Re- TO REAUTHORIZE PERMANENTLY sideration of S. 4014 and the Senate public should not be the last emerging de- THE USE OF PENALTY AND proceed to its immediate consider- mocracies in Central and Eastern Europe in- FRANKED MAIL IN EFFORTS RE- ation. vited to join NATO’’ and that ‘‘Romania, Es- LATING TO THE LOCATION AND The PRESIDING OFFICER. Without tonia, Latvia, Lithuania, and Bulgaria . . . RECOVERY OF MISSING CHIL- objection, it is so ordered. would make an outstanding contribution to DREN furthering the goals of NATO and enhancing The clerk will report the bill by title. stability, freedom, and peace in Europe Mr. DEWINE. Mr. President, I ask The legislative clerk read as follows: should they become NATO members [and] unanimous consent that the Com- A bill (S. 4014) to endorse further enlarge- upon complete satisfaction of all relevant mittee on Homeland Security and Gov- ment of the North Atlantic Treaty Organiza- criteria should be invited to become full ernmental Affairs be discharged from tion. NATO members at the earliest possible further consideration of H.R. 4416, and There being no objection, the Senate date’’. (7) In the Gerald B. H. Solomon Freedom the Senate proceed to its immediate proceeded to consider the bill. consideration. Consolidation Act of 2002 (Public Law 107– Mr. FRIST. I ask unanimous consent 187; 22 U.S.C. 1928 note), Congress endorsed The PRESIDING OFFICER. Without that the bill be read a third time and ‘‘. . . the vision of further enlargement of the objection, it is so ordered. The clerk passed, the motion to reconsider be NATO Alliance articulated by President will report the bill by title. laid on the table, and any statements George W. Bush on June 15, 2001, and by The legislative clerk read as follows: related to the measure be printed in former President William J. Clinton on Octo- A bill ( H.R. 4416) to reauthorize perma- the RECORD. ber 22, 1996’’. nently the use of penalty and franked mail The PRESIDING OFFICER. Without (8) At the Madrid Summit of the North At- lantic Treaty Organization in July 1997, Po- in efforts relating to the location and recov- objection, it is so ordered. ery of missing children. land, Hungary, and the Czech Republic were The bill (S. 4014) was ordered to be There being no objection, the Senate invited to join the Alliance, and the North engrossed for a third reading, was read Atlantic Treaty Organization heads of state proceeded to consider the bill. the third time, and passed, as follows: and government issued a declaration stating Mr. DEWINE. Mr. President, I ask S. 4014 ‘‘[t]he alliance expects to extend further in- unanimous consent that the bill be vitations in coming years to nations willing Be it enacted by the Senate and House of Rep- read a third time and passed, the mo- and able to assume the responsibilities and resentatives of the United States of America in tion to reconsider be laid on the table, obligations of membership . . . [n]o European Congress assembled, and any statements be printed in the democratic country whose admission would SECTION 1. SHORT TITLE. RECORD. fulfill the objectives of the [North Atlantic] This Act may be cited as the ‘‘NATO Free- Treaty will be excluded from consideration’’. The PRESIDING OFFICER. Without dom Consolidation Act of 2006’’. objection, it is so ordered. (9) At the Washington Summit of the SEC. 2. FINDINGS. North Atlantic Treaty Organization in April The bill (H.R. 4416) was ordered to a Congress makes the following findings: 1999, the North Atlantic Treaty Organization third reading, was read the third time, (1) The sustained commitment of the North heads of state and government issued a and passed. Atlantic Treaty Organization (NATO) to mu- communique´ declaring ‘‘[w]e pledge that Mr. DEWINE. Mr. President, I sug- tual defense has made possible the demo- NATO will continue to welcome new mem- gest the absence of a quorum. cratic transformation of Central and Eastern bers in a position to further the principles of

VerDate Aug 31 2005 07:47 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.112 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11549 the [North Atlantic] Treaty and contribute ‘‘[w]e celebrate the success of NATO’s Open tion articulated by President George W. to peace and security in the Euro-Atlantic Door Policy, and reaffirm tody that our Bush on June 15, 2001, and by former Presi- area . . . [t]he three new members will not be seven new members will not be the last. The dent William J. Clinton on October 22, 1996, the last . . . [n]o European democratic coun- door to membership remains open. We wel- and urges our allies in the North Atlantic try whose admission would fulfill the objec- come the progress made by Albania, Croatia, Treaty Organization to work with the United tives of the Treaty will be excluded from and the former Yugoslav Republic of Mac- States to realize a role for the North Atlan- consideration, regardless of its geographic edonia (1) in implementing their Annual Na- tic Treaty Organization in promoting global location . . . ’’. tional Programmes under the Membership security, including continued support for en- (10) In May 2000 in Vilnius, Lithuania, the Action Plan, and encourage them to con- largement to include qualified candidate foreign ministers of Albania, Bulgaria, Esto- tinue pursuing the reforms necessary to states, specifically by entering into a Mem- nia, Latvia, Lithuania, the Republic of Mac- progress toward NATO membership. We also bership Action Plan with Georgia and recog- edonia, Romania, Slovakia, and Slovenia commend their contribution to regional sta- nizing the progress toward meeting the re- issued a statement (later joined by Croatia) bility and cooperation. We want all three sponsibilities and obligations of NATO mem- declaring that— countries to succeed and will continue to as- bership by Albania, Croatia, Georgia, and (A) their countries will cooperate in joint- sist them in their reform efforts. NATO will Macedonia at the NATO Summit in Riga, ly seeking membership in the North Atlantic continue to assess each country’s candidacy Latvia. Treaty Organization in the next round of en- individually, based on the progress made to- SEC. 4. DESIGNATION OF ALBANIA, CROATIA, largement of the North Atlantic Treaty Or- wards reform goals pursued through the GEORGIA, AND MACEDONIA AS ELI- ganization; Membership Action Plan, which will remain GIBLE TO RECEIVE ASSISTANCE (B) the realization of membership in the the vehicle to keep the readiness of each as- UNDER THE NATO PARTICIPATION North Atlantic Treaty Organization by one pirant for membership under review. We di- ACT OF 1994. or more of these countries would be a success rect that NATO Foreign Ministers keep the (a) DESIGNATION.— for all; and enlargement process, including the imple- (1) ALBANIA.—The Republic of Albania is (C) eventual membership in the North At- mentation of the Membership Action Plan, designated as eligible to receive assistance lantic Treaty Organization for all of these under continual review and report to us. We under the program established under section countries would be a success for Europe and will review at the next Summit progress by 203(a) of the NATO Participation Act of 1994 for the North Atlantic Treaty Organization. aspirants towards membership based on that (title II of Public Law 103–447; 22 U.S.C. 1928 (11) On June 15, 2001, in a speech in War- report’’. note), and shall be deemed to have been so saw, Poland, President George W. Bush stat- (16) Georgia has stated its desire to join designated pursuant to section 203(d)(1) of ed ‘‘[a]ll of Europe’s new democracies, from the Euro-Atlantic community, and in par- such Act. the Baltic to the Black Sea and all that lie ticular, is seeking to join North Atlantic (2) CROATIA.—The Republic of Croatia is between, should have the same chance for se- Treaty Organization. Georgia is working designated as eligible to receive assistance curity and freedom—and the same chance to closely with the North Atlantic Treaty Orga- under the program established under section join the institutions of Europe—as Europe’s nization and its members to meet criteria for 203(a) of the NATO Participation Act of 1994, old democracies have . . . I believe in NATO eventual membership in NATO. and shall be deemed to have been so des- membership for all of Europe’s democracies (17) At a press conference with President ignated pursuant to section 203(d)(1) of such that seek it and are ready to share the re- Mikhail Saakashvili of Georgia in Wash- Act. sponsibilities that NATO brings . . . [a]s we ington, D.C. on July 5, 2006, President George (3) GEORGIA.—Georgia is designated as eli- plan to enlarge NATO, no nation should be W. Bush stated that ‘‘ . . . I believe that gible to receive assistance under the pro- used as a pawn in the agenda of others . . . NATO would benefit with Georgia being a gram established under section 203(a) of the [w]e will not trade away the fate of free Eu- member of NATO, and I think Georgia would NATO Participation Act of 1994, and shall be ropean peoples . . . [n]o more Munichs . . . [n]o benefit. And there’s a way forward through deemed to have been so designated pursuant more Yaltas . . . [a]s we plan the Prague Sum- the Membership Action Plan . . . And I’m a to section 203(d)(1) of such Act. mit, we should not calculate how little we believer in the expansion of NATO. I think (4) MACEDONIA.—The Republic of Mac- can get away with, but how much we can do it’s in the world’s interest that we expand edonia is designated as eligible to receive as- to advance the cause of freedom’’. NATO’’. sistance under the program established (12) On October 22, 1996, in a speech in De- (18) Following a meeting of NATO Foreign under section 203(a) of the NATO Participa- troit, Michigan, former President William J. Ministers in New York on September 21, 2006, tion Act of 1994, and shall be deemed to have Clinton stated ‘‘NATO’s doors will not close NATO Secretary General Jaap de Hoop been so designated pursuant to section behind its first new members . . . NATO Scheffer announced the launching of an In- 203(d)(1) of such Act. should remain open to all of Europe’s emerg- tensified Dialogue on membership between (b) RULE OF CONSTRUCTION.—The designa- ing democracies who are ready to shoulder the Alliance and Georgia. tion of the Republic of Albania, the Republic the responsibilities of membership . . . [n]o (19) Contingent upon their continued im- of Croatia, Georgia, and the Republic of Mac- nation will be automatically excluded . . . plementation of democratic, defense, and edonia pursuant to subsection (a) as eligible [n]o country outside NATO will have a veto economic reform, and their willingness and to receive assistance under the program es- . . . [a] gray zone of insecurity must not re- ability to meet the responsibilities of mem- tablished under section 203(a) of the NATO emerge in Europe’’. bership in the North Atlantic Treaty Organi- Participation Act of 1994— (13) At the Prague Summit of the North zation, Congress calls for the timely admis- (1) is in addition to the designation of Po- Atlantic Treaty Organization in November sion of Albania, Croatia, Georgia, and Mac- land, Hungary, the Czech Republic, and Slo- 2002, Bulgaria, Estonia, Latvia, Lithuania, edonia to the North Atlantic Treaty Organi- venia pursuant to section 606 of the NATO Romania, Slovakia, and Slovenia were in- zation to promote security and stability in Enlargement Facilitation Act of 1996 (title vited to join the Alliance in the second Europe. VI of section 101(c) of title I of division A of round of enlargement of the North Atlantic (20) The North Atlantic Treaty Organiza- Public Law 104–208; 22 U.S.C. 1928 note), the Treaty Organization since the end of the tion heads of state and government will hold designation of Romania, Estonia, Latvia, Cold War, and the North Atlantic Treaty Or- a North Atlantic Treaty Organization Sum- Lithuania, and Bulgaria pursuant to section ganization heads of state and government mit in Riga, Latvia, in November 2006. 2703(b) of the European Security Act of 1998 issued a declaration stating ‘‘NATO’s door SEC. 3. DECLARATIONS OF POLICY. (title XXVII of division G of Public Law 105– will remain open to European democracies Congress— 277; 22 U.S.C. 1928 note), and the designation willing and able to assume the responsibil- (1) reaffirms its previous expressions of of Slovakia pursuant to section 4(a) of the ities and obligations of membership, in ac- support for continued enlargement of the Gerald B. H. Solomon Freedom Consolida- cordance with Article 10 of the Washington North Atlantic Treaty Organization con- tion Act of 2002 (Public Law 107–187; 22 U.S.C. Treaty’’. tained in the NATO Participation Act of 1928 note) as eligible to receive assistance (14) On May 8, 2003, the United States Sen- 1994, the NATO Enlargement Facilitation under the program established under section ate unanimously approved the Resolution of Act of 1996, the European Security Act of 203(a) of the NATO Participation Act of 1994; Ratification to Accompany Treaty Docu- 1998, and the Gerald B. H. Solomon Freedom and ment No. 108–4, Protocols to the North At- Consolidation Act of 2002; (2) shall not preclude the designation by lantic Treaty of 1949 on Accession of Bul- (2) supports the commitment to further en- the President of other countries pursuant to garia, Estonia, Latvia, Lithuania, Romania, largement of the North Atlantic Treaty Or- section 203(d)(2) of the NATO Participation Slovakia, and Slovenia, inviting Bulgaria, ganization to include European democracies Act of 1994 as eligible to receive assistance Estonia, Latvia, Lithuania, Romania, Slo- that are able and willing to meet the respon- under the program established under section vakia, and Slovenia to join the North Atlan- sibilities of Membership, as expressed by the 203(a) of such Act. tic Treaty Organization. Alliance in its Madrid Summit Declaration SEC. 5. AUTHORIZATION OF SECURITY ASSIST- (15) At the Istanbul Summit of the North of 1997, its Washington Summit Communique´ ANCE FOR COUNTRIES DESIGNATED Atlantic Treaty Organization in June 2004, of 1999, its Prague Summit Declaration of UNDER THE NATO PARTICIPATION the North Atlantic Treaty Organization 2002, and its Istanbul Summit Communique´ ACT OF 1994. heads of state and government issued a of 2004; and Of the amounts made available for fiscal communique´ reaffirming that NATO’s door (3) endorses the vision of further enlarge- year 2007 under section 23 of the Arms Export remains open to new members, declaring ment of the North Atlantic Treaty Organiza- Control Act (22 U.S.C. 2763)—

VerDate Aug 31 2005 06:45 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.114 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11550 CONGRESSIONAL RECORD — SENATE December 7, 2006 (1) $3,200,000 is authorized to be available ers or their designees; further, that at ADJOURNMENT UNTIL 9:30 A.M. on a grant basis for the Republic of Albania; 10:30, the Senate proceed to executive TOMORROW (2) $3,000,000 is authorized to be available session for the cloture vote on the Mr. DEWINE. Mr. President, if there on a grant basis for the Republic of Croatia; nomination of Kent Jordan to be U.S. (3) $10,000,000 is authorized to be available is no further business to come before on a grant basis for Georgia; and Circuit Judge for the Third Circuit. the Senate, I ask unanimous consent (4) $3,600,000 is authorized to be available The PRESIDING OFFICER. Without that the Senate stand in adjournment on a grant basis for the Republic of Mac- objection, it is so ordered. under the previous order. edonia. There being no objection, the Senate, SEC. 6. SENSE OF CONGRESS. f at 9:10 p.m., adjourned until Friday, Congress affirms that it stands ready to December 8, 2006, at 9:30 a.m. consider, and if all applicable criteria are satisfied, to support efforts by Ukraine to PROGRAM f join the North Atlantic Treaty Organization, should Ukraine decide that is wishes to pur- Mr. DEWINE. Mr. President, there NOMINATIONS sue membership in the Alliance. are many critical legislative and exec- Executive nomination received by f utive items that must be completed be- the Senate December 7, 2006: fore the Senate adjourns sine die. On THE JUDICIARY ORDERS FOR FRIDAY, DECEMBER behalf of the majority leader, I ask 8, 2006 THOMAS ALVIN FARR, OF NORTH CAROLINA, TO BE Senators on both sides of the aisle to UNITED STATES DISTRICT JUDGE FOR THE EASTERN Mr. DEWINE. Mr. President, I ask be prepared for a busy day tomorrow. DISTRICT OF NORTH CAROLINA, VICE MALCOLM J. HOW- unanimous consent that when the Sen- Before we adjourn, the leaders an- ARD, RETIRED. ate completes its business today, it nounced that we will complete action f stand in adjournment until 9:30 a.m. on on a continuing resolution, a tax ex- CONFIRMATION Friday, December 8. I further ask that tenders package, nominations, and a following the prayer and pledge, the number of other legislative items that Executive nomination confirmed by morning hour be deemed expired, the both sides are attempting now to clear the Senate December 7, 2006: Journal of proceedings be approved to for action. The majority leader has in- DEPARTMENT OF HEALTH AND HUMAN SERVICES date, the time for the two leaders be dicated there is still a hope to com- ANDREW VON ESCHENBACH, OF TEXAS, TO BE COMMIS- reserved, and the Senate proceed to a plete our business tomorrow, but the SIONER OF FOOD AND DRUGS, DEPARTMENT OF HEALTH AND HUMAN SERVICES. period of morning business until 10:30 Senate will remain in session into the THE ABOVE NOMINATION WAS APPROVED SUBJECT TO a.m., with the time until 10:30 a.m. weekend if necessary in order to finish THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY equally divided between the two lead- our work. CONSTITUTED COMMITTEE OF THE SENATE.

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