Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION

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, FRIDAY, MAY 26, 2006 No. 68 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, June 6, 2006, at 2 p.m. Senate FRIDAY, MAY 26, 2006

The Senate met at 8:45 a.m. and was EXECUTIVE SESSION This vote will go forward, unlike the called to order by the President pro votes for two far more qualified people tempore (Mr. STEVENS). nominated by President Clinton who NOMINATION OF BRETT M. were pocket-filibustered by the Repub- PRAYER KAVANAUGH TO BE UNITED lican leadership of the Senate, along The Chaplain, Dr. Barry C. Black, of- STATES CIRCUIT JUDGE FOR with 59 other judges nominated by fered the following prayer: THE DISTRICT OF COLUMBIA President Clinton who were pocket-fili- May we pray. CIRCUIT bustered by the Republican leadership. Eternal, sovereign Lord, supply our The PRESIDENT pro tempore. Under What I worry about with this nomi- needs for today. the previous order, the Senate will pro- nation of Mr. Kavanaugh, whose ABA Give strength to the weak as they ceed to executive session and resume shoulder heavy responsibilities. Give the consideration of Calendar No. 632, rating has been downgraded—it is al- rest to the weary, that their tired which the clerk will report. most unprecedented to see that hap- hands will find new vigor. Give comfort The legislative clerk read the nomi- pen—is that he is a man who in all his to the sorrowful and compensate them nation of Brett M. Kavanaugh, of statements spoke of making rulings for every joy that life takes away. Give Maryland, to be United States Circuit that would make President Bush all of us the presence of Your love, that Judge for the District of Columbia Cir- proud. This is an independent branch of we may find the peace of sins forgiven cuit. Government. He is not supposed to and the power to break the chains of The PRESIDENT pro tempore. The make any President—Republican or temptation. distinguished minority leader is recog- Democratic—proud. He is not supposed Use our Senators today for Your nized. to be a rubberstamp for anybody. glory. Uphold them when they reach Mr. REID. Mr. President, the distin- I think when you have a Republican- the limits of their strength. guished ranking member of the Judici- We pray in Your powerful Name. ary Committee wishes to speak on the controlled Congress which has refused Amen. nomination of Brett Kavanaugh. I also to be a check on the Bush-Cheney ad- wish to do that. ministration, whether it is the war in f I ask that the Senator from Vermont Iraq, the lack of weapons of mass de- be recognized. struction, the failures of Homeland Se- PLEDGE OF ALLEGIANCE The PRESIDENT pro tempore. The curity with Katrina, or this latest fi- The PRESIDENT pro tempore led the Senator from Vermont is recognized. asco in the Veterans’ Administration, Pledge of Allegiance, as follows: Mr. LEAHY. Mr. President, we are there is no accountability. We at least I pledge allegiance to the Flag of the concluding the debate on the con- should be able to speak to our courts United States of America, and to the Repub- troversial nomination of Brett and to expect our courts to be account- lic for which it stands, one nation under God, Kavanaugh to a seat on the Court of able. indivisible, with liberty and justice for all. Appeals for the District of Columbia Circuit. This is an administration that has f I spoke last evening, and I shall not been secretly wiretapping Americans speak longer today except to again ex- for years without warrants, despite the RESERVATION OF LEADER TIME press my concern that we are putting a requirements of the law. This is an ad- The PRESIDENT pro tempore. Under person with no judicial experience on ministration that refused to allow the the previous order, leadership time is the second most powerful court in the Justice Department’s own Office of reserved. land. Professional Responsibility to proceed

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

S5303

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He has Elena Kagan, now Dean of Harvard Law This is an administration that has spent most of his legal career in par- School, and Allen Snyder, a former operated behind a wall of secrecy and tisan political positions. As Staff Sec- clerk to Chief Justice Rehnquist and that has issued secret legal opinions retary to the President, Mr. highly respected litigator. Nonetheless, justifying the use of torture and ren- Kavanaugh has been involved in Presi- I voted to confirm Judge John Roberts dition of prisoners to other countries, dent Bush’s use of 750 Presidential to be a member of the DC Circuit and ignoring the dangers such tactics pose signing statements designed to reserve later supported his nomination to be to our own soldiers and Americans for the President alone the power to Chief Justice of the Supreme Court. around the world. This is an adminis- choose whether to enforce laws passed tration that is talking about pros- by Congress. As an Associate White After the Senate last year confirmed ecuting reporters and newspapers for House Counsel, Mr. Kavanaugh worked two of President Bush’s nominees that trying to inform the American people with Karl Rove on the President’s plan I strongly opposed—Janice Rogers about their government. This is an ad- to pack the Federal bench with Brown and Thomas Griffith—Repub- ministration that says the law is what ideologues such as William Pryor, Jan- lican appointees now comprise a two- the President decides the law should be ice Rogers Brown and others. He helped to-one majority on this important not what Congress passes. justify the wall of secrecy that has court. This is not a court that needs What is desperately lacking through- shrouded so many of the White House’s another rubberstamp for the Presi- out this administration and this Re- activities. dent’s political ally. publican-controlled Congress is ac- At his hearing Mr. Kavanaugh em- The Senate Republican leadership is countability. I will give you one exam- phasized, as if a qualification, that he catering to the extreme rightwing and had ‘‘earned the trust of the President’’ ple. special interest groups agitating for a Yesterday, those responsible for and his ‘‘senior staff.’’ All that may be fight over judicial nominations. With a Enron’s collapse, which caused so useful for advancement within this number of judicial nominees ready for many employees and investors to lose President’s administration or Repub- bipartisan confirmation, the Senate their savings, were held accountable in lican circles, but those are hardly a court of law. Precious little was done qualities or qualifications for an inde- Republican leadership would rather by the Republican-controlled Congress pendent judge of this President and concentrate on this controversial and to look into that. It required an inde- this administration’s actions. Indeed, divisive nominee. That this nomination pendent court of law. Of course, Enron when pressed at his confirmation hear- has not moved forward for 3 years is in- had been very generous to the Presi- ing to provide answers about his quali- dicative of the fact that even Repub- dent and to others and to many among fications for this lifetime appointment lican Senators know what a poor nomi- the Republican leadership in the House and how he would fulfill his respon- nation this is. They have made no se- and Senate in their contributions. sibilities as a judge, Mr. Kavanaugh cret of the reason for rushing this nom- I compliment the President, who yes- sounded like a spokesman and rep- ination through the Senate now, after terday expressed some regrets over the resentative for the administration. it has languished for 3 years under Re- disastrous course he charted in Iraq; he Over and over he answered our ques- publican control, and after the nomi- began to acknowledge the harm done tions by alluding to what the President nee admitted to slow-walking his re- to this country in Abu Ghraib—far dif- would want and what the President sponses to this committee. They want ferent than during his campaign when would want him to do. We heard from to stir up a fight. They want to score he said he could not think of a mistake a nominee who parroted the adminis- cheap political points at the expense of he had ever made except for some of his tration’s talking points on subject another lifetime appointment to the nominations. after subject. Rather than answer our courts. Well, the President’s picks for impor- questions, he referred us to the bland The Senate Republican leadership is tant judicial nominations continue to explanation offered by a former Presi- apparently heeding the advice of the fare no better than his picks to head dential spokesman. I do not think the Wall Street Journal editorial page, the CIA or FEMA or the VA. But bad Senate should confirm a Presidential which wrote, ‘‘[a] filibuster fight would judicial nominations will continue for spokesman to be a judge on the second be exactly the sort of political battle lifetimes, not just the 2 years left to highest court in the land. I do not be- Republicans need to energize conserv- the Bush-Cheney administration. In lieve that Mr. Kavanaugh dem- just the past few months, we have ative voters after their recent months onstrated that he has left his role as a of despond.’’ Rich Lowery, editor of the learned that Judge Terrence Boyle, member of the President’s administra- conservative National Review, listed a President Bush’s pick for the Fourth tion or that he will. Circuit and a sitting U.S. district The reasons for the downgrading of fight over judges as one of the ways judge, has ruled on multiple cases in- Mr. Kavanaugh’s ABA rating also raise President Bush could revive his polit- volving corporations in which he held concerns about his independence. Not ical fortunes, writing that he should, an interest. The President’s nominee to only did those who have seen Mr. ‘‘[p]ush for the confirmation of his cir- the Tenth Circuit, Judge James Payne, Kavanaugh in his limited legal practice cuit judges that are pending. Talk was withdrawn after it was revealed describe him as ‘‘less than adequate,’’ about them by name. The G.O.P. wins that he, too, sat on many cases where but those who were interviewed re- judiciary fights.’’ Republican Senators he held stock in one of the parties. An- cently raised concerns about Mr. are relishing this chance for a political other of President Bush’s nominees to Kavanaugh’s ability to be balanced fight. Senator THUNE has said, ‘‘A good the Fourth Circuit, Claude Allen, who given his many years in partisan posi- fight on judges does nothing but ener- would be a sitting Circuit Judge now if tions working to advance a political gize our base. . . . Right now our folks Democrats had not opposed his nomi- agenda. They described him as ‘‘insu- are feeling a little flat.’’ Senator nation, is now the subject of a criminal lated,’’ ‘‘sanctimonious,’’ and ‘‘immov- CORNYN has said, ‘‘I think this is excel- prosecution for charges akin to steal- able and very stubborn and frustrating lent timing. From a political standing from retail stores. And Michael to deal with on some issues.’’ These point, when we talk about judges, we Wallace, President Bush’s pick for the may be good qualities for a partisan win.’’ On May 8, 2006, the New York Fifth Circuit, recently received the political operative, but they are not Times reported: ‘‘Republicans are first unanimous not qualified rating qualities that make for a good judge. itching for a good election-year fight. from the ABA for a Circuit Court nomi- My concerns about Mr. Kavanaugh’s Now they are about to get one: a renee in nearly 25 years. judicial independence are heightened prise of last year’s Senate showdown

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As I said to the two leaders last to short-circuit the process by simply publicans choose to use lifetime Fed- night, I would be willing to go to a vote decreeing that written questions would eral judgeships for partisan political soon. not be permitted. advantage. In a May 11, 2006, editorial Mr. FEINGOLD. Mr. President, I wish Since the leader has decided to press The Tennessean wrote: to first note my concern about the pro- forward on this nomination, I will vote [T]he nation should look with complete cedure followed in the Judiciary Com- no. I do not think Mr. Kavanaugh is dismay at the blatantly political angle on mittee to report out this nomination the right choice for this vacancy. He is nominations being advocated by Senate Re- precipitously to the floor. Our practice a very bright young lawyer and he has publicans now. . . . Republicans are girding on nominations in the committee has some impressive credentials. He may for a fight on judicial nominees for no reason been first to hold a hearing. Next, Sen- well be ready for appointment to a dis- other than to be girding for a fight. They ators are given the opportunity to re- trict court judgeship. But his record have admitted as much in public comments. . . . In other words, picking a public fight view the transcript of the hearing and does not give me confidence that he is over judicial nominees is, in their minds, the submit written questions. Normally, ready to serve on the District of Co- right thing to do because it’s the politically we are given a week to do that, which lumbia Circuit, widely seen as the sec- right thing to do. . . . Now, Republicans are is a reasonable length of time. Then, ond highest court in the land. advocating a brawl for openly political pur- once a nominee answers any written Mr. Kavanaugh has written almost poses. The appointment of judges deserves questions, the nomination can be no- nothing that we can look to for a sense far more respect than to be an admitted elec- ticed, and we have the right to hold of his judicial philosophy, of his judg- tion-year ploy. . . . It should be beneath the that nomination over for 1 week. That ment, of his temperament. In addition, Senate to have such a serious matter sub- so much of his career after clerking has jected to nothing but a tool for political is not an extraordinary amount of gain. time, but it is at least sufficient for the been spent in partisan political posi- Senators on the committee to do their tions that it is certainly legitimate to On May 3, 2006, the New York Times jobs and have confidence that the nom- wonder whether he can be fair and im- wrote in an editorial: ination has been considered with due partial in a judicial role. Partisan po- The Republicans have long used judicial diligence. litical work does not necessarily dis- nominations as a way of placating the far right of their party, and it appears that with There is no good reason that we qualify someone from taking the President Bush sinking in the polls, they couldn’t follow that schedule in this bench. As has been pointed out, many now want to offer up some new appeals court case. Mr. Kavanaugh’s situation is un- very good appellate or Supreme Court judges to their conservative base. But a life- usual because he was first nominated judges held political posts. But most time appointment to the DC Circuit is too several years ago, but his first nomina- held other positions as well that dem- important to be treated as a political re- tion was essentially abandoned when onstrated the capacity for independ- ward. he decided not to respond to written ence. The Senate is entitled to ask for Our job in the Senate should not be questions for a full 7 months after his evidence that the nominee can be non- to score political points or advance hearing in April 2004. Senators on the partisan and impartial, not just assur- partisan agendas. Our job is to fulfill Democratic side requested a new hear- ances. In Mr. Kavanaugh’s case, there our duty under the Constitution for the ing for him over a year ago, after he is simply no record to examine to give American people. We must be able to was renominated. His nomination lay comfort on that score. Furthermore, assure the American people that the dormant until just a few weeks ago. we know from the latest ABA evalua- judges confirmed to lifetime appoint- Then, all of a sudden, there was a full tion that at least some people who ments to the highest courts in this court press to get this nomination have come in contact with him in his country are fair to those who enter done. Why is that? The rush to judg- work do not think that he is prepared their courtrooms and to the law. ment in the committee, as far as I can to be an appellate judge. We have heard from many who are tell, was based on nothing more than Of the currently serving judges on concerned about the nomination of Mr. the majority leader’s desire to have a that court, only one—Judge Douglas Kavanaugh: The AFL–CIO, United Auto floor vote on the nomination before our Ginsburg—had less legal experience Workers, and Service Employees Inter- next recess. There was no reason for when he or she was confirmed than national Union have all written to us the rush except for the majority lead- Brett Kavanaugh now has. Ginsburg opposing this nomination. The Leader- er’s political timetable. There is no cri- had 13 years of legal experience, includ- ship Conference on Civil Rights, sis in the District of Columbia Circuit, ing a year as a Senate-confirmed As- NARAL PRO-Choice American, and the which has the lowest caseload of any sistant Attorney General and 8 years as National Council of Jewish Women circuit in the country. All we were ask- a professor at Harvard Law School. He have all written to us opposing this ing on the Democratic side in the com- had a record that the Senate could nomination. The Society of American mittee was that we follow the regular much more easily evaluate. Other Law Teachers, National Employment order—a timely hearing and the oppor- judges on that circuit had much longer Lawyers Association, and the Alliance tunity to ask written questions. careers when they were appointed. for Justice have all written to us op- I do want to note that I finally re- Judge Sentelle had 19 years of experi- posing this nomination. Earthjustice ceived answers the day before the com- ence, including 10 years of private prac- and Community Rights Counsel have mittee vote to some of the questions tice and 5 years as a judge; Judge Hen- written to us concerned about this that I first asked back in April 2004. I derson had 18 years, including 4 as a nomination. was not entirely satisfied with those U.S. district judge; Judge Randolph The Senate’s job is to fulfill our duty answers, but they were certainly more had 21 years of legal experience; Judge under the Constitution, rather than act complete than those the nominee pro- Garland, 20 years; Judge Edwards, 15 as a rubberstamp for the President’s vided when he first answered my ques- years, including 10 years as a law pro- attempt to pack the courts with polit- tions in November 2004. The fact that fessor at Michigan and Harvard; Judge ical allies. We must be able to assure these questions were finally answered Tatel, 28 years; Judge Judith Rogers, 30 the American people that the judges just completes the record from 2004. I years, including 11 years as a judge; confirmed to lifetime appointments to believe Senators deserved a chance to Judge Janice Rogers Brown, 28 years, the highest courts in this country are review the transcript of the hearing including 11 years as a judge; Judge being appointed to be fair and protect held on May 9, 2006, and ask further Griffith, 20 years. their interests, rather than those of a questions if they wanted to. A lot has The District of Columbia Circuit is Presidential patron. Mr. Kavanaugh happened in this country and in this not a place to learn the judicial ropes,

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Therefore, we must colleagues in voting to confirm the wisdom, and experience. Brett judge his temperament on how he has overwhelming majority of its judicial Kavanaugh has impressive credentials, conducted himself in interviews before nominees—including those with whom but his limited record makes it impos- the American Bar Association Stand- I differed on matters of legal and pub- sible for me to be confident that he will ing Committee on the Federal Judici- lic policy. I had assumed that, when be the fair and impartial judge that ary and how he answered questions nominated, Mr. Kavanaugh would like- this country needs on such an impor- posed by the Senate Judiciary Com- ly be among this large group of judicial tant court. So I will vote no. mittee. Neither assessment gives me nominees to receive broad bipartisan (At the request of Mr. REID, the fol- the confidence necessary to vote to support. After all, he has a commend- lowing statement was ordered to be confirm Mr. Kavanaugh to the DC Cir- able academic background, and served printed in the RECORD.) cuit. as a law clerk to two Circuit Court ∑ Mrs. BOXER. Mr. President, I oppose In its 2003 assessment of Mr. judges and one Supreme Court Justice. the nomination of Brett Kavanaugh to Kavanaugh, the ABA record noted con- However, it appears—that after be U.S. Circuit Judge for the District cerns with the breadth of Mr. emerging from a confirmation process of Columbia. Kavanaugh’s professional experience. It where his conduct can be described as disappointing at best, and dismissive at Mr. Kavanaugh’s lack of experience, was noted that he had never tried a worst—Mr. Kavanaugh has practically partisan ideological leanings, lack of case to verdict or judgment; that his invited opposition to his nomination. judicial temperament, and refusal to litigation experience over the years In my view, there are few duties more adequately answer questions posed by was always in the company of senior important to the Senate than the con- the Judiciary Committee make him counsel; and that he had very little ex- sideration of the nomination of article unqualified to sit on the second highest perience with criminal cases. Specifi- III jurists. Other than considering a court in the country. cally, the committee said: ‘‘Indeed, it declaration of war or an amendment to Mr. Kavanaugh is a young lawyer is the circumstance of courtroom expe- the Constitution, nothing is more im- who has spent most of his career in rience that fills the transcripts that portant than deciding on a judicial partisan positions. He lacks sub- make the record before the Court of nominee. The reasons for that view are stantive courtroom experience and has Appeals, and concerns were expressed practically self-evident: article III never tried a case to a verdict. In fact, about the nominee’s insight into that judges are appointed for life, and they a judge before whom he appeared char- very process.’’ are appointed to lead and populate an acterized Mr. Kavanaugh work as ‘‘less In its report on its recent reassess- entirely separate branch of govern- than adequate’’ and at the experience ment of Mr. Kavanaugh, the ABA’s ment. Our entire constitutional frame- level of an associate. Standing Committee on the Judiciary work rests on an act of faith, first Nor is Mr. Kavanaugh a noted legal down-graded its rating of his qualifica- taken by our Founders, that is in some scholar. The highlight of his career has tions. The report states that one judge respects as audacious as it is vital: been working with Kenneth Starr in who saw Kavanaugh’s oral presentation that the President will nominate, and the Office of the Solicitor General and in court said that Kavanaugh was ‘‘less the Senate will confirm, only those ju- at the Office of the Independent Coun- than adequate,’’ and that he had been dicial nominees who demonstrate the sel, where he spent 4 years and coau- ‘‘sanctimonious,’’ and had dem- temperament, intellect, experience, thored the infamous Starr Report. onstrated ‘‘experience on the level of and character to stand independent of Upon further review the nonpartisan an associate.’’ A lawyer in a different the executive and legislative branches American Bar Association panel down- proceeding said: ‘‘Mr. Kavanaugh did of government and hold those branches graded Mr. Kavanaugh’s rating from not handle the case well as an advocate accountable to the law. If a nominee ‘‘well-qualified’’ to ‘‘qualified.’’ He was and dissembled.’’ does not demonstrate those qualities described by interviewees as ‘‘sanc- According to the report, the 2006 during the nomination process, if he or timonious,’’ and ‘‘immovable and very interviews of Mr. Kavanaugh raised a she does not show a capacity to render stubborn and frustrating to deal with new concern involving his potential for independent judgments and uphold the on some issues.’’ These are not quali- judicial temperament. Interviewees principle of equal justice under law, ties that make for a good judge. His characterized Mr. Kavanaugh as, ‘‘insu- then the outcome of a vote on that low rating and nonjudicious demeanor lated,’’ which one person commented nomination is, in this Senator’s view, a put him in stark contrast to the major- was due to his current position as Staff foregone conclusion: the nomination ity of appointments to the DC Circuit Secretary to the President. Another must be opposed. who received ‘‘well-qualified’’ ratings interviewee questioned Mr. During Mr. Kavanaugh’s two con- and respectful reviews from the Amer- Kavanaugh’s ability ‘‘to be balanced firmation hearings, he failed to dem- ican Bar Association review panel. and fair should he assume a federal onstrate the requisite qualifications The President can and should do bet- judgeship.’’ And another said that for the high position to which he has ter than this. The country deserves Kavanaugh is ‘‘immovable and very been nominated. He failed to provide better than this.∑ stubborn and frustrating to deal with meaningful responses to many of the Mr. LEVIN. Mr. President, although I on some issues.’’ questions put to him. After his first may not agree with a judicial nominee A judge needs to be able to balance hearing, he delayed providing any an- on policy matters, I will support that competing viewpoints and objectively swers at all to written questions for nominee as long as his or her values determine a fair and equitable out- seven months. It was not until after are consistent with the fundamental come. Mr. Kavanaugh’s lack of judicial the 2004 elections that he finally de- principles of American law and there is or courtroom or scholarly experience cided to provide those answers. When no indication that the nominee is so added to my doubts about his impar- asked the reason for this delay, he of- controlled by ideology that ideology tiality and lead me to vote no. fered only a feeble rationale, saying he distorts his or her judgment. Regard- Mr. DODD. Mr. President, I rise to took responsibility for what he termed less of their political views, I will sup- briefly state my reasons for opposing a ‘‘misunderstanding’’. I found this export a nominee who demonstrates fair- the nomination of Brett Kavanaugh to planation to be implausible, to say the ness and openmindedness and whose serve as a judge on the Court of Ap- least. As Associate White House Coun- reasoning is straightforward, clearly peals for the District of Columbia Cir- sel, one of Mr. Kavanaugh’s respon- expressed, and worthy of respect. cuit Court. sibilities was to prepare judicial nomi- Brett Kavanaugh is, unfortunately, I must say at the outset that I regret nees to successfully navigate the con- not such a nominee. Because Mr. having to cast this vote. Throughout firmation process. So for him to say he

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One attorney specifically ques- helping to shape some of the adminis- judge, an experienced litigator, or a tioned whether Mr. Kavanaugh was ca- tration’s most controversial policies— legal scholar. Far from it. Mr. pable of being ‘‘balanced and fair from the development of legal ration- Kavanaugh is a political operative, a should he assume a Federal judgeship.’’ ales for torture to the drafting of Exec- man whose ambition has placed him at But Mr. Kavanaugh’s lack of quali- utive orders to reduce the public’s ac- the center of some of the most politi- fications goes beyond years of experi- cess to presidential records. He also re- cally divisive events in recent memory. ence or individual interviews. More im- fused to tell the committee on what He is not qualified for this position. If portant, Mr. Kavanaugh is almost com- types of matters, if any, he would his nomination is approved, I can say pletely unfamiliar with the substantive recuse himself if such matters came be- with confidence that Mr. Kavanaugh issues of law that consistently arise in fore him as a judge. would be the youngest, least experi- the DC Circuit. This refusal to be forthcoming with enced and most partisan appointee to These aren’t arcane concerns. The DC the Judiciary Committee—and by im- the court in decades. Circuit has a key role in upholding the plication, with the Senate as a whole— Mr. Kavanaugh blatantly lacks the rights of American workers. That court bespeaks a dismissive attitude toward broad legal experience that is the hall- decides far more appeals than any the confirmation process that I find mark of Federal judges—particularly other circuit of decisions by the Na- highly troubling. We have seen in re- those at the highest levels. He has tional Labor Relations Board on unfair cent years a growing tendency of can- never tried a case to verdict or to judg- labor practices. Usually, these cases didates to treat the confirmation proc- ment. In fact, Mr. Kavanaugh has only are filed by employers across the coun- ess more as a game of hide-and-seek practiced law for 10 years. Even count- try attempting to overturn unfair than a profoundly serious process de- ing his time as a law clerk, he still has labor practice findings against them by signed by the Senate to provide Sen- only half of the average legal experi- the Board. Recently, almost one in ators with the information that they ence of nominees to the DC Circuit. To three such appeals have been heard by need to make careful, reasoned deci- put this in context, Mr. Kavanaugh the DC Circuit. sions about nominees. If candidates do would be the least experienced member During our hearings, I asked Mr. not provide vital information about of the DC Circuit in almost a quarter Kavanaugh whether he had any experi- their background and their views, they century. ence handling labor law matters. He make it impossible for Senators to ade- His lack of experience is underscored couldn’t provide a single example of quately discharge their constitutional by his responses to questions from Ju- work in this area—not one. Instead, he duty to advise and consent with re- diciary Committee members. When he made vague reference to his work as a spect to article III nominees. was asked to name his 10 most signifi- law clerk and his brief time in the Jus- I would be remiss if I did not also cant cases, Mr. Kavanaugh could only tice Department. mention two other facts about this cite five cases for which he actually ap- The DC Circuit is also important to nomination that make it highly un- peared in court, and only two cases in anyone who breathes our air or drinks usual. One is that the American Bar which he was lead counsel. He even our water. It is the only Federal appel- Association, ABA, downgraded its rat- cited two cases for which he merely late court that can hear appeals on ing of the nominee, from ‘‘highly quali- wrote a friend-of-the-court brief for rules to protect the environment under fied’’ to ‘‘qualified’’. Six of the eight someone who was not a party to the the Clean Air Act and the Safe Drink- members of the ABA committee who lawsuit. ing Water Act. It is the only Federal voted previously on this nomination I am not alone in my judgment that court that can grant a remedy when voted to downgrade his nomination Mr. Kavanaugh is not qualified for this the executive branch fails to follow based on new information about his position. Aside from my seven col- congressional mandates to protect the ability to act independently and his leagues on the Judiciary Committee environment under these laws. sparse record as a judge and legal prac- who voted against his appointment, or- Nothing in Mr. Kavanaugh’s record titioner. It also bears mentioning that ganizations from around the country suggests that he would be willing to this nominee, if confirmed, would be are united in their opposition to his keep the executive branch in compli- one of the least experienced judges to nomination. The AFL–CIO, the Leader- ance with the law on these matters. have served on this particular court. ship Conference on Civil Rights, the More generally, nothing in his record Only former Judge Kenneth Starr had NAACP, the National Urban League, suggests that he would be able to avoid less experience. the United Auto Workers. The list the partisanship and politics that have For these reasons, I must oppose this reads like a who’s who of citizen rep- marked his brief career. nomination. I hope that, if confirmed, resentatives. In fact, partisan politics is the only this nominee will prove me wrong by Most troubling, however, is the luke- area in which Mr. Kavanaugh’s quali- growing into a wise, independent, and warm evaluation of the American Bar fications cannot be questioned. He has fair-minded jurist. But regrettably, at Association, which has now conducted been deeply involved in some of the this time, he has given the Senate pal- three separate evaluations of Mr. most bitterly divisive political events try and insufficient facts on which to Kavanaugh. On the latest and perhaps in the last decade—and always on the believe he is prepared for the high of- closest evaluation, the ABA took the same side. fice to which he has been nominated. unusual step of downgrading its rating At the Office of the Independent Mr. KENNEDY. Mr. President, the of Mr. Kavanaugh. Today, a majority Counsel, Mr. Kavanaugh authored the Court of Appeals for the DC Circuit is of that committee does not believe infamous Starr Report, wrote the arti- the second-highest court in the Nation. Brett Kavanaugh can meet their high- cles of impeachment against President As such, its judges bear a unique re- est standard for Federal nominees. Clinton, and investigated the tragic sponsibility. Why did the ABA downgrade its rat- suicide of Vince Foster. By law, the DC Circuit has exclusive ing? It did so after confidential inter- As an Associate White House Coun- jurisdiction over many issues that views with judges and lawyers familiar sel, Mr. Kavanaugh worked to support other appellate courts cannot deal with his work, when numerous ques- the nomination and confirmation of with. Only the judges of the DC Circuit tions were raised about Mr. Jay Bybee, the author of the noto- can hear appeals under many critical Kavanaugh’s ability as an attorney and rious—but then still secret—torture laws that affect our economy, our envi- potential appellate judge. memo. He also was personally respon- ronment, and our election system. Be- A judge who heard Mr. Kavanaugh’s sible for drafting the executive order cause the Supreme Court only hears a oral arguments found that his presen- that made presidential records less ac- limited number of cases, the judges of tation was ‘‘less than adequate,’’ and cessible to the public and the press.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.006 S26MYPT1 ycherry on PROD1PC64 with SENATE S5308 CONGRESSIONAL RECORD — SENATE May 26, 2006 This was order was so restrictive that Prior to his Supreme Court clerk- was 35 years old. Judge Stapleton was one observer said it would ‘‘make ship, Mr. Kavanaugh earned a fellow- appointed to the district court at 35 Nixon jealous in his grave.’’ ship in the Office of the Solicitor Gen- and later elevated to the Third Circuit. We gave Mr. Kavanaugh an oppor- eral of the United States. After his There are many other examples of tunity to prove that he was inde- clerkship, Mr. Kavanaugh served as an judges who were appointed to the pendent and impartial in spite of his Associate Counsel in the Office of Inde- bench at a young age and have had il- partisan past. I personally noted that pendent Counsel, where he handled a lustrious careers: this was my chief concern with his number of the novel constitutional and nomination, and I know that my col- legal issues. He was a partner at the Name Circuit Age leagues did the same. Mr. Kavanaugh prestigious Washington law firm of Judge Harry Edwards ...... DC Circuit ...... 39 Judge Douglas Ginsburg ...... DC Circuit ...... 40 refused to specify the issues and poli- Kirkland & Ellis and has argued both Judge Kenneth Starr ...... DC Circuit ...... 37 cies on which he would recuse him- civil and criminal matters before the Judge (now Justice) Samuel Alito ...... Third Circuit ...... 40 Judge J. Michael Luttig ...... Fourth Circuit ...... 37 self—in spite of the fact that he was at Supreme Court and appellate courts Judge Karen Williams ...... Fourth Circuit ...... 40 the center of a number of executive throughout the country. Judge J. Harvie Wilkinson ...... Fourth Circuit ...... 39 Judge Edith Jones ...... Fifth Circuit ...... 35 policy directives in recent years. Besides his obvious academic and Judge Frank Easterbrook ...... Seventh Circuit ...... 36 His answers to our questions resem- professional credentials, I would note Judge Donald Lay ...... Eighth Circuit ...... 40 Judge Steven Colloton ...... Eighth Circuit ...... 40 bled political talking points more than that Mr. Kavanaugh believes in giving Judge Mary Schroeder ...... Ninth Circuit ...... 38 they did the answers we would expect back to his community. While in pri- Judge Deanell Tacha ...... Tenth Circuit ...... 39 Judge Stephanie Seymour ...... Tenth Circuit ...... 39 from a nominee to such a prominent vate practice, Mr. Kavanaugh took on Judge J.L. Edmondson ...... Eleventh Circuit ...... 39 lifetime position in the Nation’s Judi- challenging pro bono matters, includ- ciary. He has shown nothing to suggest ing representation of the Adat Shalom Age should not be the sole measure of that he will stand up to the President congregation in Montgomery County, a person’s experience. Many Senators when his duties require it. MD, against an attempt to stop the began their service at a young age. Mr. Kavanaugh is not qualified for construction of a synagogue in the Senators BIDEN and KENNEDY were this job. Even worse, his nomination is county. elected to the Senate at the age of 30, a harsh reminder of the partisan and Those who know Mr. Kavanaugh best and Senator LEAHY was elected at age ideological pressures that have marked strongly praise his intelligence, integ- 34. many recent judicial nominations. His rity, and approach to the law. Mark Some of Mr. Kavanaugh’s critics nomination seems little more than a Touhey III, Mr. Kavanaugh’s super- have suggested that we should hold his crass administration attempt to politi- visor at the Independent Counsel’s Of- service in the White House for Presi- cize the courts and provide a solid vote fice, wrote in his support: ‘‘Mr. dent Bush against him. They seem to in favor of even the most extreme po- Kavanaugh exhibit[s] the highest quali- suggest that Mr. Kavanaugh’s public litical tactics of the administration. ties of integrity and professionalism in service to his Nation is somehow a dis- The Federal courts need experienced, his work. These traits consistently ex- qualifier for later serving on the bench. independent judges who can rise above emplify Mr. Kavanaugh’s approach to I disagree. their partisan beliefs and enforce the the practice of law and will exemplify Public service in the executive or rights and guarantees of our Constitu- his tenure as Federal appellate judge.’’ legislative branches of Government tion and the rule of law. Mr. Kavnaugh Judge Walter Stapleton said of Mr. should not be a disqualifier for judicial is not such a nominee, and I urge my Kavanaugh: ‘‘He really is a superstar. office. This has never been the case, colleagues to oppose his nomination. He is a rare match of talent and per- nor should it be. Justice Stephen Mr. SESSIONS. Mr. President, I rise sonality.’’ After arguing against Mr. Breyer was once the chief counsel to today to urge my colleagues to confirm Kavanaugh in the Supreme Court, the Senate Judiciary Committee before President Bush’s nomination of Brett Washington attorney Jim Hamilton being nominated and confirmed to the M. Kavanaugh to be a U.S. circuit stated, ‘‘Brett is a lawyer of great com- First Circuit by a substantial majority. judge on the U.S. Court of Appeals for petency, and he will be a force in this I hope that none of us believe that his the District of Columbia Circuit. town for some time to come.’’ service on Senator KENNEDY’s staff President Bush first nominated Brett Some of Mr. Kavanaugh’s critics should have disqualified him. Kavanaugh to the DC Circuit on July have tried to argue that he is too Judge Abner Mikvah spent most of 25, 2003. He received a hearing before young to be a Federal appellate judge. his career prior to the bench as a Dem- the Judiciary Committee on April 27, In truth, Mr. Kavanaugh is 41 years old ocrat in elective office. He was a State 2004, but the committee did not vote on and has had a broad range of experi- legislator in Illinois and later a U.S. Mr. Kavanaugh’s nomination. Presi- ence that makes him an ideal can- Congressman. In fact, he was a sitting dent Bush renominated Mr. Kavanaugh didate for the DC Circuit. Congressman when he was nominated on February 14, 2005, and again on Jan- Mr. Kavanaugh’s legal work ranges to the DC Circuit. He, too, was con- uary 25, 2006. It is past time for Mr. from service as Associate Counsel to firmed by a substantial majority. Kavanaugh to receive an up-or-down the President, to appellate lawyer in The Senate has not considered serv- vote on the Senate floor. private practice, to experience as a ice as a Democratic staff member or as Brett Kavanaugh is a well-respected prosecutor. He clerked at two of the a Democratic Congressman a bar to attorney with impeccable academic U.S. Courts of Appeal, the Third and service as a U.S. Circuit Judge, nor credentials and the background and ex- Ninth Circuits, and at the Supreme should it consider Mr. Kavanaugh’s perience necessary to serve as an excel- Court. In private practice and during service in President Bush’s White lent judge on the DC Circuit. He cur- his service as a prosecutor, Mr. House as a strike against him. Sug- rently serves as Assistant to the Presi- Kavanaugh participated in appellate gesting that service in an elective dent and staff secretary. He previously matters in a number of the Federal branch of Government somehow tar- served in the White House Counsel’s Of- courts of appeal and in the Supreme nishes a lawyer’s reputation would be a fice as Senior Associate Counsel and Court. terrible message for this body to send Associate Counsel to the President. Besides, at age 41, Mr. Kavanaugh is to the legal community and to all citi- Mr. Kavanaugh graduated from Yale considerably older than many of our zens. Mr. Kavanaugh is superbly quali- College, cum laude, and Yale Law Nation’s most distinguished judges fied to serve as a U.S. circuit judge, School where he served as the notes were at the time of their nomination. and he has made clear that he under- editor on the Yale Law Journal. He In fact, all three of the judges for stands the role of a judge is different served as a judicial law clerk for Jus- whom Mr. Kavanaugh clerked were ap- from the role of a member of the White tice Anthony Kennedy on the Supreme pointed to the bench before they were House staff. Court of the United States, as well as 41. All have been recognized as distin- Some of Mr. Kavanaugh’s critics Judge Walter Stapleton of the U.S. guished jurists. Justice Kennedy was have raised concerns about Mr. Court of Appeals for the Third Circuit appointed to the Ninth Circuit when he Kavanaugh’s ABA rating. The ABA’s and Judge Alex Kozinski of the U.S. was 38 years old. Judge Kozinski was Committee on the Federal Judiciary Court of Appeals for the Ninth Circuit. appointed to the Ninth Circuit when he has consistently and unanimously

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.004 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5309 found that Mr. Kavanaugh has the in- Today’s vote on this nominee is long the immigration debate over the past 2 tegrity, professional competence, and past due. I urge my colleagues to con- weeks. judicial temperament to serve on the firm Brett Kavanaugh to be a U.S. cir- I recently met with Brett DC Circuit. Each year Mr. Kavanaugh’s cuit judge. Kavanaugh. He seems like a bright name has been in nomination the com- Mr. REID. I intend to vote against young man. But he is a 41-year-old law- mittee has rated Mr. Kavanaugh, and the confirmation of Brett Kavanaugh yer who has spent his short legal ca- each year every member of the com- to the DC Circuit Court of Appeals. reer in service to partisan Republican mittee has found him ‘‘qualified’’ or This youthful, relatively inexperienced causes. ‘‘well qualified.’’ nominee lacks the credentials to be ap- His two principal accomplishments According to the ABA: proved for a lifetime appointment to as a lawyer are his work as an aide to To merit a rating of ‘‘well qualified,’’ the the second most important Federal Special Counsel Kenneth Starr during nominee must be at the top of the legal pro- court in the country. the misguided crusade to impeach fession in his or her legal community; have At the outset, let me contrast this President Clinton, and his current duty outstanding legal ability, breadth of experi- nomination with a circuit court nomi- as a political lawyer in the Bush White ence and the highest reputation for integ- nation we recently approved: the nomi- House. Those positions do not dis- rity; and either demonstrate or exhibit the nation of Milan Smith to the Ninth qualify Mr. Kavanaugh from future capacity for judicial temperament. The rating of ‘‘qualified’’ means that the nominee Circuit Court of Appeals. Mr. Smith is service, but they do not constitute the meets the Committee’s very high standards a pillar of the California legal commu- kind of broad experience in the law with respect to integrity, professional com- nity, a distinguished practicing lawyer that we should expect from a nominee petence and judicial temperament and that with 27 years of experience in complex to the District of Columbia Circuit. the Committee believes that the nominee legal transactions. His nomination was The DC Circuit is a uniquely power- will be able to perform satisfactorily all of the product of extensive consultation ful court. It has jurisdiction over chal- the duties and responsibilities required by with Democratic Senators. The Judici- lenges to Federal activities affecting the high office of a federal judge. ary Committee approved his nomina- the environment, consumer protec- In 2004 and 2005 a majority of the tion 18 to 0, and the full Senate gave tions, workers and civil rights. This committee thought Mr. Kavanaugh had its consent unanimously. court hears appeals from the Environ- earned its highest rating, ‘‘well quali- The Smith nomination is an example mental Protection Agency, the Na- fied’’; the rest thought he had earned a of the way the process is supposed to tional Labor Relations Board, the ‘‘qualified’’ rating. This year the bal- work. The Constitution gives the Presi- Equal Employment Opportunity Com- ance changed, with more members of dent and the Senate a shared role in mission, the Occupational Safety and the committee believing he deserved a filling vacancies on Federal courts. Health Administration and other agen- ‘‘qualified’’ rating and the rest think- Working together, we can move highly cies. ing he deserved a ‘‘well qualified’’ rat- qualified nonpartisan nominees As a result, DC Circuit judges sit in a ing. through the process without rancor or unique position to judge Government Despite the fact that the ABA com- delay. actions that affect our lives in funda- mittee has included many committed But when the President uses judicial mental ways. Mr. Kavanaugh’s slim, Democrats, the committee remains appointments as a reward to the ex- partisan record gives me no confidence unanimous that Mr. Kavanaugh is in- treme rightwing of the Republican he is the right person to assume this disputably competent, intelligent, and Party, he invites controversy and con- awesome responsibility. qualified to serve on the DC Circuit. In flict. Regrettably, that may be just the In the 113 years since the Court of response to what some of my Demo- result that the White House wants. Appeals for the DC Circuit was estab- cratic colleagues have said about Cesar Conda, a former domestic pol- lished in 1893, 54 judges have sat on the Kavanaugh’s ABA rating, listen to icy adviser to Vice President CHENEY, court. Only three of those judges came what ABA committee chairman, Ste- recently wrote in the Roll Call news- to the court with less experience than phen Tober had to say: paper: ‘‘For Bush, a renewed fight over Kavanaugh. DC Circuit judges have Let me underscore . . . that we didn’t find conservative judges . . . just might be averaged over 26 years of legal experi- him not qualified. There’s not a breath of the cure to the Republican Party’s cur- ence at the time of their appointment that in this report or any earlier report. We rent political doldrums.’’ to the DC Circuit. Mr. Kavanaugh, in found him qualified/minority well qualified. One of my Republican colleagues is contrast, graduated from law school a What I said at the end is what, in fact, many people said, that he has a solid reputation quoted in the National Review earlier mere 16 years ago. for integrity, intellectual capacity—a lot of this month as saying: ‘‘A good fight on It is not just Mr. Kavanaugh’s youth people refer to him as brilliant—and an ex- judges does nothing but energize our but his lack of practical experience cellent writing and analytical ability. Those base. Right now our folks are feeling a that renders him unfit for this post. In are great skills to bring to the court of ap- little flat. They need a reason to get his 16 years as a lawyer he has never peals. There is just no question about that. engaged, and fights over judges will do tried a case to verdict or judgment. According to Mr. Tober, in all of the that.’’ When questioned about this deficiency ABA’s ratings, Mr. Kavanaugh’s ‘‘posi- At the same time, a lengthy debate at his committee hearing, the nominee tive factors haven’t changed a whole over judges serves to distract attention presumed to compare himself to Chief lot. He is found to have high integrity. from the pressing problems facing the Justice John Roberts. But at the time He is found to be brilliant. He is a very Nation: an intractable war in Iraq, of his appointment to the DC Circuit, skilled writer and legal analyst. He has soaring gas prices, millions of Ameri- Roberts had argued dozens of cases be- those components, and I have said this cans who lack health insurance. In- fore the Supreme Court. Kavanaugh before . . . he has those skills that will stead of addressing these vital issues, has argued just one such case, on be- serve him well, certainly, on a Federal this Senate has been forced to spend half of the Starr investigation. court. days and weeks and months talking There are other kinds of experience Finally, Mr. Tober acknowledged about divisive judicial nominees. one might bring to an appellate court. that ‘‘there is not a single not qualified The nomination of Brett Kavanaugh Some nominees are respected scholars. vote in the picture.’’ is nothing if not divisive. All eight Some are sitting judges. Kavanaugh is Brett Kavanaugh is a highly qualified Democrats on the Judiciary Committee neither. His high-ranking position in attorney who has experience as an ap- oppose his confirmation. Every leading the Bush White House might constitute pellate litigator presenting arguments civil rights, environmental, and labor relevant experience, but we have little in court, and experience as a judicial organization in the country has urged idea what he has accomplished in that law clerk on the other side of the bench that he be rejected. role. He largely refused to answer ques- evaluating appellate arguments. He has This nomination is not the product of tions from the committee about the spent most of his career as a public consensus and consultation—it is a issues he has handled or the positions servant. I am confident that he will poke in the eye to the Senate. It is a he has advocated. perform his duties as a judge in a fair wedge that disrupts the wonderful bi- We know he helped to select many of and even-handed manner. partisanship which has characterized the controversial judicial nominees

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.008 S26MYPT1 ycherry on PROD1PC64 with SENATE S5310 CONGRESSIONAL RECORD — SENATE May 26, 2006 who have tied the Senate in knots in going to be a judge, you should have Third, the American Bar Association recent years. We know he was the au- some practical experience, at least recently lowered its rating of this thor of a far-reaching government se- picking a jury, arguing to a jury, ap- nominee. Most nominees gain more crecy policy, despite his own role in pearing before a court, making your stature over the course of their legal stripping President Clinton of every views known to the judge. That is careers, but Mr. Kavanaugh is headed vestige of privacy and privilege during largely lacking with this young man. in the opposite direction, and right- the Starr investigation. Other than We have testimony before the Judici- fully so. Lawyers and judges of the that, all we know is that Mr. ary Committee from two judges for nonpartisan ABA committee described Kavanaugh has had a fancy west wing whom he worked. It is unusual that Mr. Kavanaugh as being ‘‘sanctimo- title. people clerk for two separate judges. nious’’ and ‘‘frustrating to deal with.’’ Most nominees gain more stature These clerkships are usually a year That says it all. over the course of their legal careers, long, and you sit back there and you A judge before whom Mr. Kavanaugh but Mr. Kavanaugh is headed in the op- shuffle papers for the judge and you appeared described him as ‘‘less than posite direction. The American Bar As- draft opinions for the judge on the adequate’’ and said he demonstrated sociation recently took the rare step of cases that come before the judge—but experience ‘‘at the level of an asso- lowering its rating of this nominee. that is very different than courtroom ciate.’’ Lawyers and judges interviewed by experience as a practicing lawyer. You A lawyer who observed him during a the nonpartisan ABA Committee de- may go watch a few arguments, but different court proceeding stated that: scribed Mr. Kavanaugh as ‘‘sanctimo- clerking for two judges doesn’t do the Mr. Kavanaugh did not handle the case nious,’’ ‘‘immovable’’ and ‘‘very stub- trick. That doesn’t give you the experi- well as an advocate and dissembled. born and frustrating to deal with on ence to be a judge, especially a judge Needless to say, these are not quali- some issues.’’ A judge before whom Mr. on the District of Columbia Circuit ties which make a good judge. But the Kavanaugh appeared considered him Court of Appeals, the second highest right wing wants him, and he is going ‘‘less than adequate’’ and said he dem- court in the land. to become a judge. I understand that Mr. Kavanaugh has onstrated ‘‘experience on the level of Finally, let me say this: The nomina- argued several appeals. But not very an associate.’’ A lawyer who observed tion of Mr. Kavanaugh is divisive. All many, and in any event that’s not the him during a different court proceeding eight Democrats on the Judiciary Com- same as trying cases in my view. stated: ‘‘Mr. Kavanaugh did not handle mittee oppose his confirmation. Every the case well as an advocate and dis- I am going to vote against confirmation of Brett Kavanaugh. I want to leading civil rights, environmental, sembled.’’ make four brief points about this nomi- and labor organization in the country Needless to say, these are not quali- urged that he be rejected. ties that make for a good judge. nation. First, Brett Kavanaugh is a youthful The Constitution gives the President Still others described Mr. Kavanaugh partisan who lacks the credentials to and the Senate a shared role in filling as ‘‘insulated.’’ That is the last quality be approved for a lifetime appointment vacancies on the Federal court. Work- we want in a 41-year-old man who will to the second most important Federal ing together, we can move highly soon begin the cloistered life of an ap- court in our country. He is 41 years old. qualified, nonpartisan nominees pellate judge. Mr. Kavanaugh lacks the He has spent his short legal career in through the process without rancor or wide-ranging experience that breeds service to Republican causes. delay. But when the President uses ju- wisdom and judgment, and he is un- He worked as an aide to Special dicial appointments as a reward to the likely to acquire those qualities on the Counsel Kenneth Starr. I think the extreme rightwing of the Republican bench. work of Kenneth Starr will go down in Party, it invites controversy and con- Mr. Kavanaugh’s thin legal resume history as a blight on this country. flict. And that is what we have. In sum, contrasts with the resumes of the two This partisan investigation disrupted this nominee’s record is too sparse. The Clinton nominees who were blocked by this country and it was aided by the court to which he is nominated is too the Republican-controlled Senate when nominee who is before the Senate at important. I hope we get a lot of votes they were nominated to the same this time. against this nomination. I understand court. Elena Kagan, now the Dean of He has been a lawyer in the White that everyone on the other side of the Harvard Law School, had been both a House for President Bush. The fact aisle will walk over here and vote for practicing lawyer and a leading admin- that he worked for Starr and now this unqualified candidate, but that is istrative law scholar at the time of her works in the White House doesn’t dis- not how it should be. nomination. Allen Snyder, a former qualify him, but these do not add up to If there is no one else wishing to clerk to Justices Harlan and Rehnquist the kind of experience we should have speak, I ask that we proceed to the had been a litigation partner at the law from a nominee to the District Circuit vote on Mr. Kavanaugh. firm of Hogan and Hartson for 26 years. Court. It doesn’t add up. Mr. FRIST. Mr. President, 2 weeks Under what definition of fairness do Second, Mr. Kavanaugh’s lack of ago before the Senate Judiciary Com- my Republican colleagues insist that practical experience renders him unfit mittee, Brett Kavanaugh, the Presi- Brett Kavanaugh is entitled to a Sen- for the post. In his years as a lawyer, dent’s nominee for the DC Circuit ate vote while Elena Kagan and Allen he has never tried a case to a verdict or Court of Appeals, pledged that if he is Snyder were denied a vote? By what to judgment. confirmed: standard do they consider Kavanaugh There are other kinds of experience I will interpret the law as written and not qualified to sit on the DC Circuit when one might bring to an appellate court. impose personal policy preferences; these two other distinguished lawyers Some nominees are respected scholars I will follow precedent in all cases fully were denied that honor? and some are sitting judges. Mr. and fairly, and, above all, [I] will at all times Unlike Kagan and Snyder, Mr. Kavanaugh is neither. maintain the absolute independence of the Kavanaugh will be considered by the His high-ranking position in the judiciary, which, in my judgment, is the Senate. But I will cast my vote against White House might constitute relevant crown jewel of our constitutional democracy. confirmation. This nominee’s record is experience, but we have little idea Listen to the words that Brett too sparse and the court to which he is about what he accomplished in that Kavanaugh used: Fair, independent, nominated is too important to the role. He has largely refused to answer committed to the rule of law. These are rights that Americans hold dear. questions from the committee about the qualities America wants in our fed- I urge the Senate to reject this unac- the issues he has handled or the posi- eral judges. ceptable nomination. tions he has advocated. We need more qualified nominees on Mr. President, even in this Bush The big push for this man comes the bench who practice judicial re- Presidency, I continue to believe that a from partisans who want to push the straint and respect the rule of law, and judge should have experience in a majority in the Senate toward the nu- Brett Kavanaugh fits that description. courtroom. I know that is somewhat clear option. They think it would be a President Bush nominated Mr. heretical in the environment we have, great thing to disrupt the Senate in Kavanaugh on July 25 of 2003. And but I really believe that if you are this way. since this time, he’s endured not one—

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.011 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5311 but two—hearings before the Senate Mr. MCCONNELL. The following Sen- mitment to the Constitution, and inde- Judiciary Committee. ators were necessarily absent: the Sen- pendence. Based on what I know about He has been candid and forthcoming ator from North Carolina (Mrs. DOLE) General Hayden after working closely in answering countless oral and writ- and the Senator from South Dakota with him for more than 5 years, and ten questions from the Judiciary Com- (Mr. THUNE). based on his testimony last week, I will mittee. And he has met one-on-one Further, if present and voting, the support his nomination to be Director with numerous Members—both Repub- Senator from North Carolina (Mrs. of the Central Intelligence Agency, lican and Democrat. DOLE) and the Senator from South Da- CIA. I have no question about his com- And now it’s time that Brett kota (Mr. THUNE) would have voted petence or personal integrity and ex- Kavanaugh gets the fair up-or-down ‘‘yea.’’ pect him to remain an independent vote that he’s been waiting on for 3 Mr. DURBIN. I announce that the voice, committed to the Constitution years. Senator from California (Mrs. BOXER), not just with words but with deeds. Later this morning, the Senate will the Senator from North Dakota (Mr. My confidence in General Hayden give him that vote. We will fulfill our CONRAD), the Senator from Hawaii (Mr. should not be interpreted as confidence constitutional duty of advice and con- INOUYE), the Senator from West Vir- in this administration. I have flashing sent. ginia (Mr. ROCKEFELLER), and the Sen- yellow lights about the Bush adminis- Over the last few weeks, we’ve heard ator from Colorado (Mr. SALAZAR) are tration’s willingness to politicize this a lot about his sterling credentials and necessarily absent. important intelligence agency. I am professional experience. The PRESIDING OFFICER. Are there also concerned that this administra- He is a graduate of Yale College and any other Senators in the Chamber de- tion sometimes pays lip service to the Yale Law School and was awarded a siring to vote? law of the land, as we have seen with prestigious Supreme Court law clerk- The result was announced—yeas 57, recent revelations about the ship. nays 36, as follows: warrantless surveillance program. He has an extraordinary range of ex- [Rollcall Vote No. 159 Ex.] In more than 35 years as military in- perience in both the public and private telligence officer, General Hayden has YEAS—57 sectors. clearly demonstrated his competence, He has dedicated more than 16 years Alexander Crapo Martinez both in his work as Director of the Na- Allard DeMint McCain to public service—as an appellate law- Allen DeWine McConnell tional Security Agency, NSA, and as yer, a prosecutor, and an Assistant to Bennett Domenici Murkowski Deputy Director of National Intel- the President. Bond Ensign Nelson (NE) ligence. He led NSA at a critical time He has argued both civil and criminal Brownback Enzi Roberts Bunning Frist Santorum in the Agency’s history, as the United matters before the U.S. Supreme Court Burns Graham Sessions States took the offensive against those and appellate courts throughout the Burr Grassley Shelby who had attacked us. He inherited an country. Byrd Gregg Smith agency that needed to be transformed: And he has received the American Carper Hagel Snowe Chafee Hatch Specter from its Cold War orientation, from Bar Association’s stamp of approval to Chambliss Hutchison Stevens analogue to digital, from concen- serve on the Federal bench on three Coburn Inhofe Sununu trating on the Soviet threat to looking separate occasions. Cochran Isakson Talent at multiple threats and nonstate ac- Brett Kavanaugh is respected in the Coleman Kyl Thomas Collins Landrieu Vitter tors. He accomplished this trans- legal community for his keen intellect Cornyn Lott Voinovich formation at breathtaking speed. As and legal prowess. And he has earned Craig Lugar Warner Deputy Director of National Intel- the reputation as a man of integrity, NAYS—36 ligence, General Hayden helped stand- fairness, and honesty. up a brand new intelligence organiza- In a larger sense, today’s vote is Akaka Feinstein Menendez Baucus Harkin Mikulski tion, recruiting a top-notch team, about more than just Brett Kavanaugh Bayh Jeffords Murray breaking down ‘‘stove pipes’’ between as an individual nominee. Today’s vote Biden Johnson Nelson (FL) agencies, and helping to unify the en- is another sign of progress for the judi- Bingaman Kennedy Obama Cantwell Kerry Pryor tire intelligence community. cial nominations process. Clinton Kohl Reed I have known and worked closely The Senate is continuing on a path Dayton Lautenberg Reid Dodd Leahy Sarbanes with General Hayden since 1999, when we began a little more than a year ago. he came to NSA. I have no question At that time, the Senate turned away Dorgan Levin Schumer Durbin Lieberman Stabenow about his personal integrity. He has al- from judicial obstruction and advanced Feingold Lincoln Wyden ways been a candid reformer. But re- the core constitutional principle that NOT VOTING—7 cent revelations about the warrantless every judicial nominee with majority surveillance program have raised seri- support deserves a fair up-or-down Boxer Inouye Thune Conrad Rockefeller ous questions: questions about the in- vote. Dole Salazar tegrity of surveillance programs that I am proud of the Senate for con- The nomination was confirmed. may have side-stepped the law; ques- tinuing on this path—for fairness, for The PRESIDING OFFICER. The tions about a decision at the highest principle, for the Constitution. And I urge my colleagues to support President will be immediately notified level to keep most members of the Sen- the nomination of Brett Kavanaugh. of the Senate’s action. ate Select Intelligence Committee in Mr. LEAHY. Mr. President, have the f the dark about these programs; and questions about whether a candid re- yeas and nays been ordered? GENERAL MICHAEL V. HAYDEN TO The PRESIDENT pro tempore. The former has become a cheerleader for BE DIRECTOR OF THE CENTRAL this administration. I discussed my yeas and nays have not been ordered. INTELLIGENCE AGENCY Mr. LEAHY. Mr. President, I ask for concerns with Hayden during the con- the yeas and nays. The PRESIDING OFFICER. Under firmation hearing, and he promised to The PRESIDING OFFICER (Mr. the previous order, the Senate will pro- ‘‘speak truth to power.’’ I take him at ISAKSON). Is there a sufficient second? ceed to a vote on Executive Calendar his word, but the proof will be in his There is a sufficient second. No. 672, which the clerk will report. deeds. The question is, Will the Senate ad- The legislative clerk read the nomi- I have no question about General vise and consent to the nomination of nation of General Michael V. Hayden, Hayden’s commitment to the mission Brett M. Kavanaugh, of Maryland, to United States Air Force, to be Director of the intelligence community. He has be United States Circuit Judge for the of the Central Intelligence Agency. worked in almost every aspect of col- District of Columbia Circuit? Ms. MIKULSKI. Mr. President, there lecting and analyzing intelligence. But The yeas and nays have been ordered. are five criteria I use to evaluate all his expertise is technical intelligence, The clerk will call the roll. executive branch nominees: com- known as signals intelligence, SIGINT, The assistant legislative clerk called petence, integrity, commitment to the and the CIA is our Nation’s lead agency the roll. core mission of the department, com- for human intelligence, HUMINT.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.012 S26MYPT1 ycherry on PROD1PC64 with SENATE S5312 CONGRESSIONAL RECORD — SENATE May 26, 2006 These two disciplines have very dif- the United Nations with wrong infor- secrecy shield decisionmakers from ferent challenges, different technology, mation, because CIA analysis had be- any kind of accountability? and different cultures. Many have come too politicized. General Hayden The fact that General Hayden was asked if a SIGINT expert is the right said that his job at the CIA will be to the key architect and, more recently, choice to lead a HUMINT agency. Gen- let intelligence analysts do what comes the principal defender of a program eral Hayden addressed this question in naturally: provide unvarnished intel- that listened to phone calls of Ameri- our hearing. He believes his long career ligence analysts, independent of polit- cans without a warrant, a program the in intelligence has prepared him for ical concerns. He said, ‘‘My job is to administration refuses to come clean this challenge. He has a plan to im- keep anything from getting in the about, resides at ground zero of this de- prove HUMINT tradecraft and develop way’’ of their work. He promised to bate. common standards among all HUMINT consider implementing a dissent chan- The goal of General Hayden’s pro- agencies, including the Defense Intel- nel to allow intelligence workers an gram was appropriate: to find al-Qaida ligence Agency. He will also invest in avenue for expressing their concerns operatives who would do us harm. But research and development of the cut- without leaking classified information the administration, instead of relying ting-edge technology our men and to the press. on the consent of the people through women at the CIA need to accomplish In conclusion, Mr. President, I be- the American Congress and the court their mission. General Hayden has lieve General Hayden is qualified to created under the Foreign Intelligence promised to focus our human intel- lead the CIA, and I will vote for his Surveillance Act, chose, unnecessarily, ligence activities on understanding to- confirmation. But I have serious con- to assert the President’s unfettered au- morrow’s threats, not just responding cerns about how the Bush administra- thority as a war-time commander to to today’s headlines. I believe he will tion has politicized this important in- execute this program. bring to the CIA the same leadership, telligence agency. The Senate Select We must use every tool at our dis- passion for reform, and respect for our Committee on Intelligence must keep a posal to protect America. But the ad- intelligence workers that he brought to close eye on the CIA as it struggles to ministration has no reason to assert the NSA. He will be a strong advocate redefine itself and its role in our re- unchecked Executive power when Con- for the CIA as it struggles to redefine formed intelligence community. gress is more than willing to work to itself. Mr. KERRY. Mr. President, I opposed create the mechanisms to keep Amer- I have two flashing yellow lights the nomination of GEN Michael Hay- ica safe while we still preserve our es- about this nomination. First, I have se- den to serve as Director of the Central sential liberties. rious questions about the Bush admin- Intelligence Agency. America has been the strongest, istration’s commitment to protecting General Hayden has many qualifica- safest, most secure Nation on the plan- the Constitution. Second, I believe that tions as an intelligence professional, et for more than 200 years without ever we need a CIA Director who will be but I am sad to say that he is the having to choose between security and independent. wrong person for the job. freedom. We can have both. But it re- I believe General Hayden is com- Over the last years, the abuse of the quires an executive branch that re- mitted to protecting the Constitution CIA by the Rumsfeld Pentagon and the spects the co-equal branches of Govern- while he works to protect our country Cheney White House has hurt our na- ment. After the terrorist attacks of from terrorists. But I am concerned tional security and our credibility September 11, 2001, the Nation was that others in this administration pay around the world, as the CIA was united behind the President. Congress lip service to the law of the land. We bullied into becoming a client of ad- was—and is—prepared to do anything all take an oath when we take office. ministration ideologues, yielding unnecessary to win the war on terror and We swear to support and defend the founded claims of ‘‘slam dunk’’ evi- ready to work with the President. If Constitution of the United States. We dence for mythical weapons of mass de- President Bush believed the domestic don’t swear to a President or to a struction in Iraq. eavesdropping laws were insufficient, party. We know there are real threats, I am not confident that General Hay- then all he had to do was ask Congress predators, actors who want to kill den is the person best equipped to re- to improve them immediately. But the Americans. And we know that some of store the CIA’s independence and credi- President didn’t do that. Instead, he the tools that keep us safe must re- bility, not just because he comes from decided he was above the law. main secret. Which is why our commit- Secretary Rumsfeld’s Pentagon but be- General Hayden was the architect of ment to the Constitution is more im- cause he was the Administration’s that plan, and to this day he clings to portant than ever. We can not protect principal spokesperson and defender of an unnecessarily expansive interpreta- the American people and ignore their an illegal domestic spying program. tion of Executive power. That is not Constitution when nobody’s looking. We are reminded again and again of what America needs in the next Direc- Support for the Constitution must be the administration’s determination to tor of the Central Intelligence Agency. more than lip service. We need a real keep the extent of their illegal domes- We take our civil rights very seri- commitment to put the Constitution tic spying program secret. All we have ously—and we should. It is our heritage first. The Framers gave Congress the to do is look at the news that the De- and our birthright—one generation’s responsibility for oversight over the partment of Justice abruptly ended an gift to the next, earned in the blood of President’s policies. We must be in- investigation into the conduct of De- Americans since our revolution. formed about significant intelligence partment lawyers who approved the The mistrust, the anger, the lack of activities, as the law requires, so we program—not because the approving confidence so many Americans feel can exercise our responsibility to pro- lawyers were cleared of wrongdoing but about this program is a reflection of tect the Constitution as we protect our because investigators were denied the our love of liberty. Regrettably, it is Nation from the threats we face. information to conduct the investiga- also the result of the way this adminis- I am very concerned about the inde- tion. tration has conducted itself: asserting pendence of the CIA. We need an inde- The question before us is not whether its right to act by executive branch pendent voice at the CIA, someone who we are committed to destroying terror- dictate because we are a nation at war. is willing to speak truth to power to ists and preventing terrorist attacks In one moment, the President of the whomever is President and also to the before they happen. We all are. In fact, United States says we are not listening congressional oversight committees. we can wage and win a far more effec- to domestic calls without a warrant; in The last few years have been difficult tive war on terror. No, the question is another, the Attorney General says he ones for the CIA, in part because Amer- whether we can restore checks and bal- can’t rule it out. ican people have lost confidence in its ances between the executive and legis- We are a nation at war with global leaders. The Agency has had too many lative branch and what can be done to jihaadists, a war that, as the Depart- ‘‘yes’’ men, too few independent voices. restore accountability for an adminis- ment of Defense calls it, will be a ‘‘long I asked General Hayden how he would tration that too often appears run by war.’’ Ad hoc and secret solutions to avoid another Powell, when our distin- people who hold themselves above the issues that demand a reasoned balance guished Secretary of State was sent to law. How many times will Government between security and the freedom of

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He is widely regarded as one take to support General Hayden’s nom- Finally, the President has nominated of the most qualified intelligence plan- ination. Gov. Dirk Kempthorne to serve as Sec- ners and managers among military or Mr. KENNEDY. Mr. President, I in- retary of the Department of the Inte- civilian intelligence professionals. tend to vote against General Hayden. rior. Governor Kempthorne has an im- Despite my vote in favor of his con- I respect General Hayden’s lifetime pressive career in public service, hav- firmation I remain deeply concerned of public service, and his testimony in- ing served as a United States Senator that recent revelations regarding do- cluded some encouraging signs that he representing the State of Idaho in this mestic intelligence collection by the learned important lessons from the body for 6 years. I am confident that National Security Agency may have way intelligence was used to defend the his career of public service and his violated our laws. In hearings before Iraq war. Western State perspective will help the Senate Select Committee on Intel- However, I cannot support General him be an effective and responsible ligence General Hayden often deferred Hayden’s nomination in light of the steward of our country’s public lands, questions about the program, the very serious questions about the scope waters, and other natural resources. President’s and Justice Department’s and legality of the NSA domestic sur- Unfortunately, a family obligation statements about the program, and his veillance programs that he helped de- prevents me from being present during own involvement in the NSA’s activity sign, implement, and defend. these votes. However, I support each of to closed sessions. My Intelligence Until there is a full accounting of the these nominees and, if present, would Committee colleagues pursued these surveillance program, I cannot in good vote to confirm them. I therefore ask questions and ultimately recommended conscience support a promotion for its that the record reflect my support for approval of the nomination on a bipar- chief architect. each of these nominations. tisan 12–3 vote. I still have many ques- We all want the administration to (At the request of Mr. REID, the fol- tions about this program and how it have strong leaders and the necessary lowing statement was ordered to be was conceived and operated, and I will means to gather the best possible intel- printed in the RECORD.) continue to seek answers to them. ligence for our foreign policy and na- ∑ Mrs. BOXER. Mr. President, had I However, General Hayden has suffi- tional security, especially the war on been present to vote on the nomination ciently demonstrated his objectivity, terrorism. of Gen. Michael Hayden to be Director independence and openness that I am Those critical goals require a Direc- of the Central Intelligence Agency, I comfortable with confirming his nomi- tor of Central Intelligence who will would have cast a vote of ‘‘no’’. nation. work with Congress—not against us—in I oppose General Hayden’s nomina- Given the threats our Nation faces our efforts to prevent terrorism and tion because of his role in the adminis- today and challenges that our intel- improve our national security laws. We tration’s program to conduct ligence system has had coping with must protect the country while pre- warrantless electronic surveillance on those threats, General Hayden should serving our constitutional freedoms. U.S. persons—a practice I believe is un- bring to this position much needed effi- Mr. THUNE. Mr. President, today the lawful under the Foreign Intelligence cient, effective and, most importantly, Senate will vote on confirmation of Surveillance Act. independent leadership and manage- three of President Bush’s nominations. During his nomination hearing before ment. That should be good for our in- Once again, the President has nomi- the Senate Intelligence Committee, telligence agencies and good for the nated experienced, well-qualified indi- General Hayden admitted to partici- Nation. viduals who deserve confirmation by pating in the design of the electronic Mr. JEFFORDS. Mr. President, I am the Senate. surveillance program during his tenure casting my vote today in favor of GEN The President has nominated Brett as director of the National Security Michael V. Hayden to be Director of Kavanaugh to serve as a judge on the Agency. And as the Principal Deputy Central Intelligence. General Hayden U.S. Court of Appeals for the DC Cir- Director of National Intelligence, Gen- has a strong background in intel- cuit. Mr. Kavanaugh has extensive ex- eral Hayden became the chief advocate ligence. He has spent his career in na- perience in the law, having formerly for the electronic surveillance pro- tional security and particularly intel- served as a law clerk to Supreme Court gram, even taking the unusual step of ligence, serving as Commander of the Justice Anthony Kennedy. He later appearing before the National Press Air Intelligence Agency and as Direc- served as Associate White House Coun- Club to defend the Administration’s tor of the National Security Agency. sel, where he worked on a wide variety program. General Hayden has served overseas in of legal and constitutional issues. Mr. We are all united in fighting ter- leadership positions with the U.S. Gov- Kavanaugh also practiced law as a rorism, but we can do it in a legal and ernment in South Korea and Bulgaria, partner in the Washington, DC, law constitutional way that gets the bad and is currently Principal Deputy Di- firm of Kirkland & Ellis, and most re- guys and protects our values and free- rector of National Intelligence, serving cently serves as Assistant to the Presi- doms. directly under Director of National In- dent and staff secretary at the White While I oppose the nomination of telligence, John Negroponte. General House. General Hayden because of the con- Hayden was straightforward in his an- Yesterday I voted in favor of the mo- troversy surrounding the electronic swers to tough questions during his tion to invoke cloture on Mr. surveillance program, I wish him the confirmation process, showing a clear Kavanaugh’s nomination, which now very best and hope that he will turn command of the issues of national se- allows the Senate to give him an up-or- out to be a strong and independent curity and the challenges facing the in- down vote. I am pleased that the Sen- leader at the CIA. telligence community. ate will now be allowed to vote on Mr. But I also hope that the Intelligence The confirmation process has also Kavanaugh’s nomination, and I hope Committees in the House and Senate brought to light General Hayden’s the Senate will continue to give fair will conduct careful and thorough over- leadership qualities. At this time of up-or-down votes to the other well- sight over General Hayden and the CIA change and realignment at the CIA, qualified judicial nominees the Presi- to ensure that the civil liberties of U.S. strong leaders are clearly needed. The dent forwards to the Senate. citizens are protected.∑ agency has had a difficult time adapt- The President has also nominated Mr. NELSON of Florida. Mr. Presi- ing to the changes in the intelligence GEN Michael Hayden as Director of the dent, today I voted to confirm the community structure and has suffered Central Intelligence Agency. General nomination of General Michael Hayden a decline in morale and sense of mis- Hayden is a career Air Force officer to be Director of the Central Intel- sion. By all accounts, General Hayden

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will bring a welcome change at the top, cused on new threats and national se- tees 41⁄2 years ago, as is required by hopefully infusing the agency with a curity issues such as countering ter- law. Yet General Hayden expressed no new sense of direction and relevance rorism, preventing countries such as doubts or concerns about the legality that is badly needed. Iran and North Korea from obtaining of the program or the administration’s I remain very concerned, however, nuclear weapons, and protecting Amer- failure to inform Congress. that the wiretapping activities of the ica’s interests in Asia, Latin America, It is not sufficient for General Hay- NSA have been insufficiently inves- and elsewhere. den to say that the lawyers told him it tigated. General Hayden insisted in his General Hayden will face challenges was okay. He has an independent obli- confirmation hearings that he was as he continues this transformation to gation to abide by the law. No one can given unequivocal legal advice each ensure that the CIA continues to be the force him to break the law—not the step of the way. I do not doubt that world class organization it must be to lawyers and not the President. Nor this is true, but I believe that signifi- address these threats. This means con- were the legal issues especially com- cant and compelling questions still re- tinuing efforts to replace the old, risk plex or beyond the understanding of a main about the validity of the legal adverse system that was not positioned very intelligent and experienced intel- foundation for the wiretapping pro- to address the threats we are facing ligence professional. For years, General grams. I have yet to be convinced that now and may face in the future. It also Hayden had been conducting surveil- these activities are legal. Even if they means ensuring the Agency does not lance in compliance with the FISA law. are found to be legal, I question wheth- reverse course by infusing ideas that For years, the NSA had been notifying er we really want our Government to previously opposed change, informa- the congressional intelligence commit- be engaged in these activities. tion sharing, or oversight. tees about its programs. Then, one day, But the debate on the NSA activities Throughout his career, General Hay- everything changes. FISA no longer ap- is far larger than just General Hayden. den has proven his management and plies—and, by the way, don’t tell Con- This debate must go on in depth and leadership abilities. He will provide the gress. We know from General Hayden’s focus on the legal and policy issues at enthusiastic and dedicated officers at testimony in 2002 that he understands stake, not on the personalities of those CIA the ‘‘top cover’’ necessary for the importance of the legal protections involved. them to undertake the innovative ap- that FISA provides regarding surveil- We need to get the CIA back onto its proaches to intelligence gathering that lance of U.S. persons. His decision that feet and functioning properly. I believe is required to penetrate the hard tar- it was OK to secretly bypass those pro- that General Hayden is capable of gets of today, and I am confident he tections is inexcusable. The Congress must stand up for the doing that. I trust he will put his con- will be able to keep the CIA moving on law and for our constitutional system siderable skills to work in earnest on the right course. of checks and balances. I believe that this task, as its success is critical to Finally, General Hayden will head an the President must be held accountable our national security. organization that is responsible for for breaking the law and for insisting Mr. CHAMBLISS. Mr. President, the managing our national human intel- that he can continue to do so. I am men and women at the CIA today rep- ligence effort. His military experience deeply concerned that, unless this body resent the best intelligence profes- combined with his experience as the speaks, it will be seen by history as sionals in the world, and they deserve Principal Deputy Director of National having consented to this illegal action. the best leadership and support. I have Intelligence will serve him well as he But those who carried out and de- known General Hayden for some time, integrates the human intelligence ef- fended this program also have some re- and I am convinced that he is the right forts of the Department of Defense, the sponsibility. We know, from Attorney person for this job. FBI, and others into the National Clan- General Gonzales’ testimony to the Ju- My initial concern regarding a mili- destine Service, recognizing the re- diciary Committee, that this adminis- tary officer directing the world’s most quirements and capabilities of those tration acknowledges virtually no lim- sophisticated civilian intelligence organizations as he establishes com- its to its authority. Under the theories agency have been addressed by General mon standards designed to further put forward by the administration’s Hayden in private conversation as well strengthen our country’s intelligence lawyers, whenever national security is as at the public hearing. The role and capabilities. supposedly at stake, no laws are bind- mission of the intelligence community I believe General Hayden is a quali- ing and Congress is merely an incon- at the Department of Defense where fied and dedicated person to lead the venience. These assertions are contrary General Hayden has been for over 30 CIA at this critical juncture, and I look to our constitutional system and they years is different from the role and forward to working closely with him as are dangerous. And they cannot serve mission of the CIA. General Hayden the Director of the CIA. as an excuse for experienced leaders has convinced me that he can make the Mr. FEINGOLD. Mr. President, I will like General Hayden who know better. transition from the military side to the vote against the nomination of Michael My decision to vote against General civilian side of the intelligence com- Hayden to be Director of the CIA be- Hayden is not simply about responsi- munity while continuing to move the cause I am not convinced that the bility for past conduct, although that CIA in a positive direction of change nominee respects the rule of law and is important. I will vote against this and transition. Congress’s oversight responsibilities. nominee because, given his recent ac- General Hayden has been instru- General Hayden is highly experienced tions and his less than reassuring testi- mental in building our intelligence ca- and talented. And some of his testimony, I am not convinced that he will pabilities to meet the challenges of the mony before the Intelligence Com- abide by the laws relevant to the posi- 21st century. Even before becoming the mittee, including his acknowledgment tion of the Director of the CIA. When I Principal Deputy Director of National that the intelligence process was ma- asked General Hayden about legally Intelligence, General Hayden has dem- nipulated in the lead-up to the war in binding restrictions on the authorities onstrated his willingness to express his Iraq, was encouraging. of the CIA, such as those prohibiting opinion and speak his mind. His credi- It was therefore particularly dis- the CIA from engaging in domestic se- bility and integrity are second to none. appointing that General Hayden failed curity, he spoke about Presidential au- He brings all these traits to his posi- to dispel serious concerns about his di- thority and consultations with Govern- tion as the Director of the Central In- rection and defense of a program to il- ment lawyers. That was also his re- telligence Agency. legally wiretap Americans on Amer- sponse to questions about illegal He also brings with him the experi- ican soil without the required war- warrantless wiretapping as well. We ence of leading an organization in rants. Having finally been briefed know what this administration’s law- transformation when he was at the Na- about this program last week, I am yers have to say about following the tional Security Agency. Today the CIA more convinced than ever that this law, and General Hayden provided no is in transformation to position itself program is illegal. I am equally con- reassurance that he will see things any from the preeminent intelligence orga- vinced that there is no reason that this differently. nization during the Cold War to becom- program could not have been briefed to General Hayden’s conduct and testi- ing an intelligence organization fo- the congressional intelligence commit- mony also raise serious questions

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.013 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5315 about his willingness to respect con- Agency. I support General Hayden’s independence now than we did then. gressional oversight. He was complicit confirmation. He is the right person to The Government, both the executive in the administration’s failure to in- lead the CIA out of a period of turmoil branch and the Congress, must have inform the full congressional intelligence and controversy. telligence that is timely, objective, and committees about the warrantless sur- Without question General Hayden independent of political considerations. veillance program, even though this has the necessary credentials. He is a This is not just a goal; it is the stand- notification is required by law. In his career Air Force intelligence officer ard set in law. testimony, he repeatedly failed to ex- who led the National Security Agency Unfortunately, over the past few plain or criticize the administration’s for longer than anyone in the history years we have witnessed a pattern of failure to inform the full committees of that agency. When he took over the cynical manipulation of intelligence about the program. As Director of the NSA it was no longer at the cutting for political purposes. This CIA, General Hayden would have a le- edge of information technology as it politicization has damaged the credi- gally binding duty to keep the congres- had been during the Cold War. Not ev- bility of the intelligence community sional intelligence committees in- erything he tried worked but he led the and undermined America’s efforts to formed of CIA activities. If General agency’s turnaround. We no longer deal with critical national security Hayden does not acknowledge this worry, as we did in 1999, that the NSA challenges. General Hayden must take duty, we cannot be assured that the is on the verge of going deaf. steps to assert his and the CIA’s inde- Congress will be kept fully and cur- General Hayden left the NSA a year pendence. rently informed, as is required by law. ago to become the Principal Deputy Di- The situation in the period prior to Finally, I remain concerned about rector of National Intelligence—the the Iraq war must never be repeated. previous misleading testimony by Gen- number two job in the new organiza- Administration officials accepted with- eral Hayden regarding warrantless sur- tion created by Congress to modernize out question any nugget of intel- veillance and his explanation for that the intelligence community. He has ligence, no matter how poorly sourced, testimony. In 2002, he told a joint con- helped Director John Negroponte start if it supported the decision to go to war gressional committee that, under the process of building a cohesive com- with Iraq. In areas where the intel- FISA, persons inside the United States munity from the 16 disparate intelligence did not support the administra- ‘‘would have protections as what the ligence agencies. Now he will have a tion’s preconceived view, such as al- law defines as a U.S. person and I chance to continue working on that in- leged Iraqi ties to al-Qaida and the 9/11 would have no authorities to pursue tegration as the Director of the agency attacks, the administration badgered it.’’ In fact, the President had already that is the lynchpin for U.S. intel- the intelligence community to find a authorized the NSA to bypass those ligence, the CIA. link, ignored the intelligence that While his qualifications are obvious, legal protections. General Hayden’s ex- showed there was none, and set up a General Hayden’s selection is not with- planation for this statement, that he rogue intelligence operation at the De- out controversy. As Director of the was speaking in open session at the fense Department to aggressively push NSA he designed and implemented a time and had earlier given a fuller the alleged connection. warrantless surveillance program, au- briefing to the committee in closed ses- But perhaps the most blatant abuse sion, does not justify a public mis- thorized by the President, to intercept communications inside the United of the intelligence process was and con- leading statement. tinues to be the leaking and selective Our country needs a CIA Director States. The goal of this program is to declassification of intelligence infor- who is committed to fighting terrorism find terrorists, something every Mem- mation to support particular policy aggressively without breaking the law ber of this body supports. But the pro- goals. Many of my colleagues have de- or infringing on the rights of Ameri- gram’s questionable legal under- cried the unauthorized disclosures that cans. General Hayden’s role in imple- pinnings and the decision to keep it regularly appear in the press. I join menting and publicly defending the hidden from most Members of Congress them in condemning these damaging warrantless surveillance program does have raised questions about General leaks. But it is important to under- not give me confidence that he is capa- Hayden’s judgment and independence. stand that most disclosures of intel- ble of fulfilling this important respon- I wrote Director Negroponte in Feb- ligence information are generated by sibility. ruary expressing my view that General The stakes are high. Al-Qaida and its Hayden’s role in the public defense of executive branch officials pushing a affiliates seek to destroy us. We must the NSA program was inappropriate for particular policy, and not by the rank- fight back and we must join this fight an intelligence official. I reiterated and-file employees of the intelligence together, as a nation. But when admin- that concern directly to General Hay- agencies. This has been the pattern of istration officials ignore the law and den in a letter to him prior to his con- the current administration, particu- ignore the other branches of Govern- firmation hearing last week. Officials larly related to Iraq. ment, it distracts us from fighting our of the intelligence community must Based on his past performance I am enemies. avoid even the appearance of sure that General Hayden will stand up I am disappointed that the President politicization. to blatant attempts to influence intel- decided to make such a controversial General Hayden addressed this issue ligence judgments. I also believe he has nomination at this time. In keeping in his hearing and responded privately the character to speak out when he be- with Senate historical practices, I to my letter. After carefully consid- lieves the intelligence process is being defer to Presidents in considering ering his answers and his response, I misused by senior policymakers. nominations to positions in the execu- am convinced that he believes the NSA General Hayden also will need to re- tive branch. I do not believe it is the program is legal. I also believe his pub- gain the trust of the Congress. The ad- role of the Senate to reject nominees lic appearances were in large part his ministration’s repeated refusal to simply because they share the ideology effort to defend the men and women of allow effective oversight of some of the of the person who nominated them. But the NSA. I still believe his participa- most important intelligence programs we should not confirm a nominee for tion in the White House public rela- has endangered critical intelligence ca- this position of great responsibility tions campaign was inappropriate, but pabilities and alienated the Intel- when his conduct and testimony raise I believe his explanation is sincere. ligence Committees when their support such troubling questions about his ad- I raise this issue because it gets to is most needed. Signals intelligence herence to the rule of law. the heart of what I think will be Gen- and intelligence obtained from detain- (At the request of Mr. LEVIN, the fol- eral Hayden’s challenge at the CIA—re- ees are critical elements of our efforts lowing statement was ordered to be building the agency’s credibility and to detect and stop terrorists. But the printed in the RECORD.) reestablishing its independence. The administration’s ill-advised attempts ∑ Mr. ROCKEFELLER. Mr. President, CIA was established in 1947 to be an to shield these programs from over- the Senate today considers the nomi- independent source of intelligence for sight have created suspicion and under- nation of GEN Michael Hayden to be the President and other senior policy- mined public support for our Director of the Central Intelligence makers. We have no less a need for that counterterrorism efforts. Sustaining

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.015 S26MYPT1 ycherry on PROD1PC64 with SENATE S5316 CONGRESSIONAL RECORD — SENATE May 26, 2006 these kinds of intelligence programs For instance, General Hayden is per- General Hayden served 6 years as the over the long term requires the Con- haps the only high-level official who Director of the National Security gress to be a full partner from the be- has criticized the Department of De- Agency, the largest intelligence agency ginning. Our mutual goal should be to fense policy office of Douglas Feith. in the intelligence community. ensure that critical intelligence pro- That office, before the war began, un- He ably led a transformation from a grams receive the attention and sup- dertook to use a direct pipeline to the Cold War institution to a key compo- port they need to be effective. White House for distorted intelligence nent of our Nation’s counterterrorism Some have questioned the wisdom of assessments, bypassing mechanisms in efforts. a military officer serving in this posi- place which are intended to produce Additionally, he served as Principal tion. While I want to make sure that balanced, objective assessments. Deputy Director of National Intel- General Hayden is outside of the mili- General Hayden has done more than ligence under Ambassador Negroponte tary chain of command, I am convinced speak openly of his concerns about the for the past year. that General Hayden’s military experi- Feith operation. He acted upon them In this role, he oversaw the day-to- ence will enable him to successfully by placing a cautionary disclaimer on day operations of the Office of the DNI, manage the important and sometimes the reporting of his agency relative to and many of the DNI’s accomplish- difficult relationship between the CIA the links that Feith and others were ments to date can be directly attrib- and the Department of Defense. As CIA trying to create between Saddam Hus- uted to General Hayden’s service. Director he also will be the national sein and al-Qaida, so that his agency’s Third, I am pleased that General manager of human intelligence collec- reports could be misused for that pur- Hayden made a commitment to me to tion activities across all agencies, in- pose. appoint experienced intelligence pro- cluding the Defense Department. This Again, speaking truth to power, Gen- fessionals to serve on his direct staff function is essential to ensuring effec- eral Hayden showed independence when and in senior positions across the agen- tive coordination of our sensitive intel- he stood up against the positions being cy. ligence operations overseas. We cannot urged by Secretary of Defense Donald I also support the administration’s afford the creation of redundant capa- Rumsfeld during the recent reforms of intention to name Stephen Kappes as bilities or any confusion as to who is in the intelligence community. the Deputy Director of the CIA. charge of these delicate operations. As to the surveillance activities of Mr. Kappes brings a wealth of experi- General Hayden will take over the the National Security Agency, which ence in the clandestine service to the helm of the CIA at a time of rapid ex- General Hayden formerly led, many of agency’s senior leadership. pansion of the workforce and following us have concerns. But those concerns Perhaps more importantly, his re- a period of dramatic decline in em- as to the legality and as to the decision turn to the agency has already gone a ployee morale. Under his predecessor’s to implement the alleged collection of long way to assure operators that they tenure the CIA lost many of its most phone numbers called by millions of are well represented in management experienced and talented officers. He Americans should be placed at the and that their concerns will be met. will need to move quickly to convince doorstep of the Attorney General and General Hayden will come to the the current workforce that the days of the White House. agency at a time of major personnel political litmus tests are over and ex- I am one of those being briefed on the problems. program, and I have a number of con- perienced professionals will be in But he has already taken steps to charge rather than political cronies. cerns. But my concerns are with the le- move the agency beyond the problems I cannot overstate the importance of gality and privacy intrusions and effec- of the past and that is good news. the job General Hayden is undertaking. tiveness of the program authorized by There is no question that the con- The CIA and our other intelligence the President, and given the legal im- cerns that have been raised about Gen- agencies are the front line of our de- primatur of the Attorney General. I eral Hayden are legitimate and impor- fense. The CIA must find better ways know of no evidence that General Hay- tant. to penetrate targets such as Iran and den acted beyond the program’s guide- Before my meeting with General North Korea while continuing to adapt lines as set up by the President and the Hayden and his appearance at the con- to the ever changing tactics of the Attorney General. international terrorist movement. I will vote for General Hayden’s confirmation hearings, I was concerned The Senate Intelligence Committee’s firmation. that he will not be sufficiently inde- 2004 review of Iraq intelligence exposed Mrs. FEINSTEIN. Mr. President, I pendent of the Department of Defense. some glaring problems in the collec- rise in support of the nomination of On this point, I have been reassured. tion and analysis of intelligence. The GEN Michael Hayden to be the next Di- General Hayden has shown his inde- CIA has been undergoing its own inter- rector of the CIA. pendence in the past, and has com- nal review and has begun integrating I support his confirmation first be- mitted that if he finds his uniform to the lessons it has learned. It will be cause I think General Hayden’s vision be a hindrance in any way, he will General Hayden’s job to see that the for the future of the CIA is right on ‘‘take it off.’’ CIA embraces the reforms needed to point. Similarly, the Intelligence Com- deal with the challenges of the 21st He has pledged to make the collec- mittee will need to pay close attention century. I am confident he is the right tion of human intelligence a top pri- to intelligence activities of the Depart- person for the task.∑ ority—a necessary move in under- ment of Defense, especially in the area Mr. LEVIN. Mr. President, the CIA standing our Nation’s enemies and the of human intelligence. must at all costs avoid a repeat of the threats we face. I have concerns that the Pentagon is pre-Iraq war intelligence fiasco, when At the same time, General Hayden going too far in this area, and I want to CIA Director Tenet said the case for understands the failures of analysis make sure that the CIA remains the weapons of mass destruction in Iraq prior to the Iraq war and is committed leader and primary provider of this was a ‘‘slam dunk,’’ and then proceeded to making major changes. type of intelligence collection. to distort and exaggerate underlying Only time will tell, but I am hopeful My greatest concern about General intelligence in order to support the ad- that General Hayden has what it takes Hayden is that he was not more forth- ministration’s Iraq policy. The CIA to put the agency on the right path coming in his answers during the open needs an independent Director who will after recent collection and analytic confirmation hearing. speak truth to power and provide ob- failures. Many members asked important jective assessments of a professional Secondly, I think General Hayden questions on the NSA domestic surveil- intelligence community, and not try to brings with him the overarching view lance program and on detention, inter- please policymakers by telling them of the entire intelligence community rogation and rendition policies. what they want to hear. needed to carry out the vision and In my view, the public deserved more General Hayden not only promises to transition the CIA to deal with the new forthcoming answers than those probe independent and objective, General asymmetric threat posed by the ter- vided by General Hayden. Hayden has proven he has the back- rorist world. I think this is critically For example, I felt that General Hay- bone to do so. important at this time. den should have stated clearly, in full

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.020 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5317 public view, whether he believes that matters that is as impressive as it is stand up to an administration that has certain interrogation techniques con- long. Anyone can read the public either attempted to bully the intel- stitute torture. He could say yes or no record and quickly see that this man is ligence community into saying what it without disclosing sources and meth- more than qualified for this job. wanted or worked around it when it ods. And my personal meeting with Gen- couldn’t get the answers it needed. It is my hope that General Hayden eral Hayden shortly after he was nomi- General Hayden must provide assur- will be more forthcoming once he is nated only served to reinforce that im- ances to Congress that intelligence as- confirmed as Director of the CIA. pression. I met with him privately— sessments, and professional intel- The challenge ahead of General Hay- one on one—in my office just off this ligence civil servants, will be protected den is daunting, but it is absolutely floor, for more than 45 minutes. from outside interference, not politi- critical to our nation’s security that he During the course of that meeting, cized. succeed. we discussed General Hayden’s career The second challenge is openness to I believe General Hayden is the sound in the Air Force from 1969 until today oversight. intelligence professional the CIA needs and his dedicated service to America’s This administration has refused to to regain its footing as the world’s pre- intelligence community that ulti- follow the law and Senate rules that mier spy service and the hub of our na- mately earned him a fourth star. require keeping the intelligence com- tion’s intelligence analysis and re- My meeting convinced me that Gen- mittees fully and currently informed of search and development capabilities. eral Hayden understands and respects important intelligence practices. Ad- I look forward to working with him the role of Congress in national secu- ministration ideologues have appar- to protect the American people. rity matters. He seems to grasp how es- ently authorized detention and interro- Mr. LEAHY. Mr. President, in several sential it is that he consult regularly gation practices that have backfired in crucial respects, the CIA today is in with the congressional leadership on our efforts in the war on terror, and disarray, and fixing our premier intel- these critical issues. And he seems to concocted controversial legal argu- ligence agency must be a top priority. recognize the need to keep the congres- ments for presidential powers backing The CIA must become as effective as sional oversight committees fully in- a warrantless surveillance program we need it to be in combating ter- formed about the intelligence commu- that circumvents the law—all without rorism and in serving all of our na- keeping Congress properly informed as tional security interests. The keys to a nity’s activities. All of these are important because we strong and competent CIA are the inde- required under the law. General Hay- are a nation at war and actions by the pendence and proficiency of its leader- den must ensure that Congress is able Bush administration have left our in- ship. to carry out its constitutional obliga- I had a lengthy private discussion telligence community—this Nation’s tions on critical national security mat- with General Hayden in deciding how I eyes and ears on those who mean us ters. would vote on his confirmation. Our harm in disarray. The third challenge is fixing our discussion confirmed the confidence As a direct result of this administra- strategy in the war on terror. that I have long had in General Hay- tion’s actions, the Central Intelligence After more than 4 years of the war on den’s professionalism and competence. Agency and those it placed under con- terror, Osama bin Laden remains at I remain outraged about the controver- tract have been directly implicated in large and al-Qaida and other radical sial domestic surveillance initiatives numerous instances of abuse of detain- fundamentalist terrorist organizations that the NSA has overseen at the ees that have given this nation a black pose a grave threat to our security. White House’s direction, but the fact eye around the world and been counter- Terrorist attacks have increased not remains that President Bush and Vice productive to winning the fight against decreased on this administration’s President CHENEY—not General Hay- terrorism. watch. Two of the three so-called axes den—were the ‘‘deciders’’ in ordering The findings of our intelligence com- of evil are more dangerous today than this surveillance of Americans, with munity are increasingly questioned by they were when President Bush first then-White House Counsel Gonzales the American people and the world. uttered that memorable phrase and the acting in his capacity to validate a pro- And scores of incredibly talented and third, Iraq, is on the verge of becoming gram that was structured and operated experienced career intelligence profes- what it was not before the war—a outside the checks and balances of ex- sionals have been driven from their haven and launching pad for inter- isting law. jobs because they insisted on speaking national terrorists. And America’s The CIA right now is in desperate the truth rather than tow the Adminis- standing in the world has reached need of professionalism after the deba- tration’s line. record lows in critical regions of the cle of the Agency’s outgoing leader- Things apparently got so out of hand world. ship, and my discussions with General at CIA in recent months that the Presi- In the short run, General Hayden Hayden have led me to conclude that dent’s intelligence advisory board fi- must insist that the Bush administra- he has the competence, the experience, nally had to intervene and recommend tion redouble and refocus its efforts and the independence to serve capably change. that go after ‘‘high value targets’’. It is in helping to repair the damage that All of these developments have a travesty—a travesty—that nearly 5 has been done to the Agency. I will harmed national security and placed years after 9/11, the Bush administra- vote for his confirmation. Americans at greater risk. And it is tion has not captured or killed Osama Mr. REID. Mr. President, I rise in against this difficult backdrop that the bin Laden. The CIA must lead efforts support of the nomination of General Senate debates the nomination of Gen- to understand the challenge posed by Hayden as the new Director of the Cen- eral Hayden. As Senator LEVIN said in Iran and North Korea and their nuclear tral Intelligence Agency. Based on my the confirmation hearings, ‘‘The next ambitions. review of his long record as a career in- Director must right this ship and re- General Hayden must also build a telligence man and his answers to some store the CIA to its critically impor- global human intelligence capability important questions during his con- tant position.’’ over the next several years with di- firmation hearing, I am hopeful Gen- I want to briefly lay out the three verse officers who understand the cul- eral Hayden will provide the CIA the major challenges that I believe General tures and speak the languages of every kind of non-partisan leadership it has Hayden faces in ensuring that he key target across the entire globe. The sorely lacked for the past several achieves the success the Senate expects CIA must play a leading role in under- years. of his tenure. standing how to help win the battle of And I am also hopeful that this nomi- The first challenge is independence. ideas going on within the Islamic nation signifies that the Bush adminis- General Hayden needs to speak truth world, and how to change the calculus tration has recognized, finally, that to power and call the shots as he sees of the young so that new generations of professionals, not partisans should be them, not as he thinks his boss wants terrorists are not created. put in charge of national security. them seen. Rebuilding the independ- These are all large and important General Hayden has impeccable cre- ence of intelligence also means ending challenges, with grave consequences dentials and a career in intelligence its politicization. General Hayden must for America and the world. Based on

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.012 S26MYPT1 ycherry on PROD1PC64 with SENATE S5318 CONGRESSIONAL RECORD — SENATE May 26, 2006 everything I have seen I am hopeful he nation of General Michael V. Hayden If he was just following orders, these is up to the task. And I am hopeful this to be Director of the Central Intel- circumstances raise serious questions administration will let him do the job ligence Agency. I regret that I was not about his ability to exercise independ- for which it nominated him. able to vote to confirm his nomination ence as Director of the CIA. If, as is The PRESIDING OFFICER. The at this time, and I would like to take widely believed, he was the driving question is, Will the Senate advise and a few minutes to explain my vote. force behind the NSA’s wiretapping consent to the nomination of General As my colleagues may know, I voted program, then I question his ability to Michael V. Hayden, United States Air to confirm General Hayden when he balance the important need to defend Force, to be Director of the Central In- was nominated to be the Deputy Direc- our Nation from threats with the telligence Agency? tor of National Intelligence, DNI. I equally important need to protect con- Mr. LEAHY. Mr. President, I ask for stand by that vote for two reasons. stitutional rights of all Americans. First, General Hayden is obviously the yeas and nays. I frankly think it is a shame that qualified on paper to fill the position. The PRESIDING OFFICER. Is there a Congress didn’t take a few more days, Second, he was serving as Deputy to sufficient second? or even a couple of weeks, to more the current DNI, John Negroponte. So There is a sufficient second. deeply probe these fundamental issues there was a clear line of authority. of security and liberty. Indeed, if this The clerk will call the roll. But today when the Senate voted on The legislative clerk called the roll. his nomination to be Director of the body had taken sufficient steps to get Mr. MCCONNELL. The following Sen- CIA, these two circumstances were sig- answers about the NSA’s wiretapping ators were necessarily absent: the Sen- nificantly different. First, issues like program, and if General Hayden had ator from North Carolina (Mrs. DOLE) the potentially illegal wiretapping of considered leaving his role as an active and the Senator from South Dakota American citizens’ phone lines by the military officer during his tenure as (Mr. THUNE). National Security Agency—a program CIA Director, then it is possible that Further, if present and voting, the which General Hayden reportedly de- the concerns I mentioned might have Senator from North Carolina (Mrs. signed and ran—have come to light. been alleviated. DOLE) and the Senator from South Da- And second, he will no longer be serv- I also regret the fact, however, that kota (Mr. THUNE) would have voted ing as a deputy but as head of one of President Bush didn’t pick somebody ‘‘yea.’’ our Nation’s premier intelligence agen- who was equally qualified but not tied Mr. DURBIN. I announce that the cies—yet he is not resigning his comin to controversial programs such as Senator from California (Mrs. BOXER), mission as a uniformed officer. That collecting telephone information and the Senator from North Dakota (Mr. raises the question of whether and to listening in to conversations between CONRAD), the Senator from Hawaii (Mr. what degree he will be independent American citizens. Because in this INOUYE), the Senator from West Vir- from decisions made at the Pentagon. time of difficulty for the CIA, we don’t ginia (Mr. ROCKEFELLER), and the Sen- Some of my colleagues have insisted just need someone who is qualified, we ator from Colorado (Mr. SALAZAR) are that Secretary of Defense Donald also need someone who is credible. necessarily absent. Rumsfeld will no longer be in the chain While the extent of General Hayden’s The PRESIDING OFFICER. Are there of command overseeing General Hay- involvement in these activities is as any other Senators in the Chamber de- den in his position at the CIA. Cer- yet unclear, I am concerned that his siring to vote? tainly, there is precedent for uniformed role could potentially undermine his The result was announced—yeas 78, officers serving as head of the CIA. ability to carry out his duties as head nays 15, as follows: However, when we look at this prece- of the CIA. [Rollcall Vote No. 160 Ex.] dent we also have to realize that cir- Mr. President, despite some opposi- cumstances have changed. A not insig- YEAS—78 tion, General Hayden was confirmed nificant part of the reason that we in- earlier this morning by the Senate. At Akaka Domenici McCain vaded Iraq is because our Nation’s in- Alexander Ensign McConnell this juncture, I can only hope that he Allard Enzi Mikulski telligence was politicized, and because proves my concerns to be unfounded. I Allen Feinstein Murkowski intelligence activities were manipu- wish him only the best in pursuing a Baucus Frist Murray lated to justify a predetermined con- Bennett Graham Nelson (FL) goal that I know we all share—the safe- Biden Grassley Nelson (NE) clusion—that Iraq had weapons of mass ty and well-being of American citizens Bingaman Gregg Pryor destruction. in this time of war. Bond Hagel Reed Much of this intelligence manipula- Brownback Hatch Reid tion was performed by intelligence bu- The PRESIDING OFFICER. The Bunning Hutchison Roberts President will be immediately notified. Burns Inhofe Santorum reaus within the Pentagon, under the Burr Isakson Sarbanes supervision of Secretary Rumsfeld, who The majority leader is recognized. Byrd Jeffords Schumer has been steadily expanding the Penta- Mr. FRIST. Mr. President, I know Carper Johnson Sessions Chafee Kohl Shelby gon’s role in U.S. intelligence activi- Senator NELSON will have 2 minutes of Chambliss Kyl Smith ties. It would seem to this Senator that remarks to make; 30 seconds for me. Coburn Landrieu Snowe given Secretary Rumsfeld’s track The next vote will be our last. We an- Cochran Lautenberg Stabenow Coleman Leahy Stevens record, concentrating intelligence in ticipate a voice vote on the confirma- Collins Levin Sununu his hands would be unwise to say the tion of Dirk Kempthorne after cloture Cornyn Lieberman Talent least. is invoked. We are working on agree- Craig Lincoln Thomas The truth is that we don’t really Crapo Lott Vitter ment for when we return. I expect the DeMint Lugar Voinovich know how much independence General next votes to occur on the morning of DeWine Martinez Warner Hayden will show with respect to the Tuesday, June 6. Secretary of Defense. After all, he is a NAYS—15 100 HOURS OF SERVICE AS PRESIDING OFFICER military officer, with an active com- Bayh Dorgan Kerry Two quick congratulations: On behalf Cantwell Durbin Menendez mission. And the record is mixed with Clinton Feingold Obama respect to predicting how the cards will of the entire Senate, I congratulate Dayton Harkin Specter fall. On one hand, there are reports two Senators for their presiding serv- Dodd Kennedy Wyden that he stood up to Secretary Rumsfeld ice. Earlier this week, Senator VITTER NOT VOTING—7 and other political appointees in the reached the 100-hour mark and will re- Boxer Inouye Thune President’s Cabinet on certain occa- ceive the Golden Gavel Award; and Conrad Rockefeller sions. On the other hand, he reportedly later this morning, Senator ISAKSON Dole Salazar designed and strongly supported a pro- will get his 100th hour of service. We The nomination was confirmed. gram to wiretap the homes of Amer- thank them both for their efforts in Mr. DODD. Mr. President, I would ican citizens, whose legality is in ques- the Chair. like to say a few words about the nomi- tion. (Applause, Members rising.)

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.011 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5319 NOMINATION OF GENERAL MI- Mr. MCCONNELL. The following Sen- If we are to ensure that our grand- CHAEL V. HAYDEN TO THE POSI- ators were necessarily absent: the Sen- children will be able to marvel at the TION OF GENERAL IN THE U.S. ator from North Carolina (Mrs. DOLE) majestic grandeur of this country’s un- AIR FORCE and the Senator from South Dakota touched wide open spaces, or learn of The PRESIDING OFFICER. Under (Mr. THUNE). their Nation’s heritage at our historic the previous order, the Senate will pro- Further, if present and voting, the treasures, or observe the beauty of the ceed to Executive Calendar No. 693, Senator from North Carolina (Mrs. astounding array of wildlife that roams which the clerk will report. DOLE) and the Senator from South Da- the continent—it is essential that the The legislative clerk read the nomi- kota (Mr. THUNE) would have voted next Secretary of the Interior recom- nation of the following named officer ‘‘yea.’’ mits the Department to being a good for appointment in the United States Mr. DURBIN. I announce that the steward of the land for all the people, Air Force to the grade indicated while Senator from California (Mrs. BOXER), and not a good server of it for the oil, assigned to a position of importance the Senator from North Dakota (Mr. mining, and timber companies. Given and responsibility under title 10, CONRAD), the Senator from Hawaii (Mr. his consistently held positions for drill- U.S.C., section 601: INOUYE), the Senator from West Vir- ing in protected areas of the Arctic and GEN Michael V. Hayden ginia (Mr. ROCKEFELLER), and the Sen- off our coastlines, weakening the En- The PRESIDING OFFICER. The ator from Colorado (Mr. SALAZAR) are dangered Species Act, and opposing the question is, Will the Senate advise and necessarily absent. protection of roadless areas in National consent to the confirmation of the The PRESIDING OFFICER. Are there Forests, among others, I do not believe nomination of GEN Michael V. Hayden any other Senators in the Chamber de- that Governor Kempthorne will make a to the position of general in the United siring to vote? change in the direction of the Interior The result was announced—yeas 85, States Air Force. Department. nays 8, as follows: The nomination was confirmed. I want it to be clear that the real The PRESIDING OFFICER. The [Rollcall Vote No. 161 Ex.] problem is not with the nominee. The President will be immediately notified YEAS—85 real problem is with the policies of the of the Senate’s action. Akaka Dorgan McCain administration, and the willingness of Alexander Durbin Senator NELSON is recognized for 5 McConnell the Secretary to carry them out with- Allard Ensign Menendez out question. This administration has minutes. Allen Enzi Murkowski Mr. NELSON of Florida. Mr. Presi- Baucus Feingold Murray certainly been no friend to the environ- dent, I rise today as a voice to counter Bayh Feinstein Nelson (NE) ment, and the previous Secretary of that of the giant multinational oil cor- Bennett Frist Obama the Interior was particularly adept at Bingaman Graham Pryor porations. It has been during three dec- Bond Grassley enabling its primary impulses. Whether Reed Brownback Gregg it is in the waters off our beaches, in ades of my public service that I have Reid Bunning Hagel held fast to a promise to fight to keep Roberts the sensitive lands of the Arctic, or the Burns Hatch wild places of the West, the adminis- big oil away from Florida’s coastlines, Burr Hutchison Santorum to keep that industry from soiling our Byrd Inhofe Sarbanes tration has consistently appeared to be homes and from ruining our economy. Cantwell Isakson Sessions working for the interests of the oil and Carper Jeffords Shelby gas companies first, and the interests In Florida, a clean, healthy environ- Chafee Johnson Smith ment is the infrastructure of our tour- Chambliss Kennedy Snowe of the public second. They have con- ism-driven economy, and it is the Coburn Kohl Specter sistently pushed for opening the Alas- source of sustenance for millions of Cochran Kyl Stabenow ka National Wildlife Refuge. They have Coleman Landrieu Stevens proposed opening the Mid-Atlantic to residents and visitors alike. In Amer- Collins Lautenberg Sununu ica, where we have only 3 percent of Cornyn Leahy Talent oil and gas drilling—barely 75 miles off the world’s oil reserves, our addiction Craig Levin Thomas the coast of New Jersey. And, accord- to ‘‘black gold’’ will not be broken just Crapo Lieberman Vitter ing to the Government Accountability DeMint Lincoln Voinovich by more drilling but by mounting an DeWine Office, they more than tripled the num- Lott Warner Dodd Lugar ber of drilling permits approved for the aggressive effort to fully exploit great- Wyden er efficiencies in alternative fuels. Domenici Martinez West—to the point where GAO found As part of my promise to Florida, I NAYS—8 that the Bureau of Land Management have said that I could not support an Biden Harkin Nelson (FL) was having trouble meeting its envi- Interior Secretary who would advance Clinton Kerry Schumer ronmental responsibilities. this administration’s willingness to ac- Dayton Mikulski The administration’s disdain of pub- quiesce to the oil lobby and its ever-in- NOT VOTING—7 lic lands extends to the point that they creasing desire for greater profits be- Boxer Inouye Thune have now proposed selling it off to fund yond the recent record levels. Conrad Rockefeller other programs or reduce the deficit. Mr. President, I know this nominee is Dole Salazar To his credit, the Governor flatly stat- a person deserving of our respect. He is The PRESIDING OFFICER. On this ed that he did not approve of reducing a gentleman. In fact, he will receive an vote, the yeas are 85, the nays are 8. the deficit this way, but he was not overwhelming vote of support from the Three-fifths of the Senators duly cho- nearly as clear about whether he would Senate. But I must stand on my prin- sen and sworn having voted in the af- use public land sales to fund other pro- ciples to oppose this nomination. I do firmative, the motion is agreed to. grams. The Governor should not treat so for the future of Florida and for the Mr. MENENDEZ. Mr. President, I am our public lands as if they were an in- future of our country. not here to cast doubt on the qualifica- ventory that needed to be gotten rid of, I thank the Chair. tions of Governor Kempthorne to be but rather as an asset that needs to be The PRESIDING OFFICER. By unan- the next Secretary of the Interior. In protected and nurtured for future gen- imous consent, the mandatory quorum fact, I believe he is eminently qualified erations. call has been waived. for the job. Unfortunately, that is also In New Jersey, we don’t have an over- The question is, Is it the sense of the the problem. I fear that the Governor abundance of public land, which makes Senate that debate on Executive Cal- is all too qualified to take the helm of us value what we do have a great deal. endar No. 630, the nomination of Dirk an agency that, in the past 5 years, has Even in the most densely populated Kempthorne, of Idaho, to be Secretary drastically shifted its mission from one State in the Nation, we have a number of the Interior shall be brought to a of conservation and protection, to one of treasures valued by all New close? of exploitation and commercialism. Jerseyans—the Pinelands, the High- The yeas and nays are mandatory Governor Kempthorne’s record as a lands, the Delaware Water Gap, our Na- under the rule. Senator, where he cast one vote in tional Wildlife Refuges, our historic The clerk will call the roll. favor of the environment in six years, sites, and more. This is where we take The assistant legislative clerk called does not give me much hope that he our children to show them the beauty the roll. will be able to reverse the trend. of nature, where we learn about our

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The Fund has not only The National Park Service is not the service from mayor of Idaho’s capitol, helped the Federal Government pre- only agency in the Interior Depart- United States Senator, Governor, and serve these and other sites, it has also ment facing crippling budget cuts that now Interior Secretary, Dirk is a man helped the State create parks, ball- threaten its very mission. Wildlife ref- of many accomplishments and is of the fields, and other recreation areas. Lib- uges throughout New Jersey are going highest character and integrity. erty State Park, a green oasis in the to be losing staff in the upcoming fiscal I have known Dirk since the 1980s middle of the New Jersey metropolitan year; at least one refuge will be left when we both served the public in area, less than a half mile from Ellis without any staff at all. The largest of Idaho. As a matter of fact, I kind of Island and the Statue of Liberty, would our refuges, Edwin B. Forsythe, is owe my current job to him, as I won his still be a tangle of deserted railroad going to have to close one of its offices, seat when he left the Senate to go back tracks if it wasn’t for the help of the and make due with only one law en- to Idaho to become Governor. Land and Water Conservation Fund. forcement officer for its 47,000 acres. Dirk has dedicated his life to public Unfortunately, the administration has This doesn’t just detract from the ex- service. From his time in the Idaho De- been carrying on a multi-year assault perience for visitors. It also makes it partment of Lands, as mayor, as Sen- on the fund, slicing it from $573 million tougher to protect against vandalism, ator, and as Governor, he has always in 2002 to $142 million this year, and littering, and other activities that been recognized by those from both proposing only $85 million for 2007. For harm the tens of thousands of birds and sides of the aisle for his tremendous the second straight year, they have mammals that depend on the refuge as leadership skills. He utilizes his thor- proposed eliminating the State grant a sanctuary in a highly urbanized re- ough understanding of policy together gion. program entirely. This is not the way with cultured consensus-building abili- This last point is extremely impor- to run a program that is supposed to tant. Making sure that wildlife has ac- ties to see the most effective policies provide $900 million each year for land cess to the habitat it needs to thrive is carried out through legislation and acquisition. absolutely essential, particularly if en- governance. These qualities will serve I am also very concerned about the dangered species are to survive. But the nation well as he takes on the overall direction that the National right now the endangered species act is many challenges facing the Depart- Park Service has been moving in under under attack. Last year, the other ment of the Interior in the 21st cen- this administration. First, the admin- chamber passed a bill that would se- tury. istration has inexplicably proposed re- verely weaken a number of crucial pro- Through the diversity of his public writing the National Park Service’s tections under that Act, including the service, especially as mayor and Gov- management policies to take away the elimination of critical habitat. The ernor, Dirk understands the real value clear mandate to preserve the parks for Governor has a long record on endan- of federalism, one that recognizes that future generations. We have not gotten gered species issues, and much of it the Government closest to the people is any satisfactory answers as to why gives me great cause for concern. I asked to do the most, often with fewest they have proposed this, but it is com- hope that he will take a careful look at resources. His service as mayor taught pletely at odds with my view of why we this issue and not simply endorse poli- him the lessons that ultimately led to have national parks, which is to pro- cies designed to protect developers his leadership in many relevant and tect our natural treasures for our chil- first and endangered species second. important issues during his time in the dren and our grandchildren. But even if I have just scratched the surface of Senate. the policies are not rewritten, our the antienvironmental policies of the A further reflection of that approach parks are in danger of simply falling current administration. As I have lim- is his pioneering work on Endangered apart. The National Parks Service ited myself to discussing the Depart- Species Act issues. In addition to tak- faces a multibillion-dollar mainte- ment of the Interior, I have not men- ing his seat in the Senate, Dirk pre- nance backlog, yet the administration tioned the misguided policies designed ceded me as chairman of the Environ- has proposed slashing the account to to rollback the progress we have made ment Subcommittee with jurisdiction fund that maintenance by over 30 per- in cleaning our air, our lakes, and our over species conservation. In that ca- cent. rivers, or the refusal of the administra- pacity, he led a bipartisan effort to up- This does not bode well for Ellis Is- tion to face the facts on global warm- date and improve our Nation’s laws to land, where a large number of historic ing. We quite simply might never have better protect and promote the recov- buildings are in danger of disappearing the time to completely cover that ery of endangered and threatened spe- forever into crumbled brick because ground. But Governor Kempthorne has cies while recognizing the funding the National Park Service has been demonstrated himself in the past to be challenges. As Governor, Dirk kept up stalling for years instead of approving aligned with the environmental philos- this beacon call and launched a suc- a redevelopment plan for the south side ophy of this administration, and there- cessful public education initiative of the island. This part of the island before I cannot support his nomination as through the National Governors Asso- longs to New Jersey, and a dedicated Secretary of Interior. I have no illu- ciation and Western Governors Asso- nonprofit group has spent years raising sions, however. I am fully aware that ciation on the importance of ESA millions of dollars to prepare for the he will be confirmed, and I hope that issues. Dirk is a respected national au- rehabilitation of these structures, only he proves me wrong. Because we are in thority on resource issues and a pro- to be thwarted by the National Park danger of making mistakes that we can moter of collaborative decisionmaking Service. not easily correct. And we need to reaf- to solve environmental conflicts. Right next door, the Statue of Lib- firm our commitment to being good As Governor, he has also forged a erty has been held hostage by fear stewards of the land for future genera- strong working relationship with the since 9/11. The pedestal has been re- tions. As Theodore Roosevelt said: ‘‘I five nationally recognized Native opened, but visitors are still forbidden recognize the right and duty of this American tribes that reside in Idaho. from making the unforgettable climb generation to develop and use the nat- Dirk recognizes the complexity of our up to her crown to look out onto the ural resources of our land; but I do not trustee relationship with our tribes harbor. Just yesterday, the Senate recognize the right to waste them, or and has continuously sought to work passed the amendment, offered by Sen- to rob, by wasteful use, the generations cooperatively on matters that affect ator SCHUMER and myself, that would that come after us.’’ I hope that the ad- both the State and Native Americans. require the Secretary of the Interior to ministration will take these words to As chief steward of Idaho for the past take the necessary security pre- heart. 8 years, Dirk has vigorously cham- cautions and open the stairway to Mr. CRAPO. Mr. President, I am pioned innovation in environmental Lady Liberty’s crown once more. There pleased to be able to recognize the dis- and natural resource sciences. Under

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Dirk has also worked to advance Cooney—an oil lobbyist before and Governor Kempthorne at his word and the environmental mission of the De- after his White House stint—had al- hope that he will lead the Department partment of Energy’s Idaho National tered scientific documents to change of the Interior in a manner consistent Laboratory. He understands that Ida- their conclusions about global warm- with those words. ho’s diversifying economy and unique ing. This year, we have seen numerous Mr. FRIST. Mr. President, I ask resources require a dynamic mix of reports of Bush administration polit- unanimous consent that the Senate natural resource protection, appro- ical appointees trying to intimidate proceed to the vote on the nomination priate rural economic development, and muzzle climate scientists at the of Dirk Kempthorne, and following and smooth integration of scientific National Aeronautics and Space Ad- that vote that Senator LANDRIEU be advancements, educational research, ministration and the National Oceanic recognized for 10 minutes, Senator STE- and business know-how. and Atmospheric Administration. VENS for 10 minutes, Senator REED for Following the wildfires of 2000, Dirk Similar concerns have been raised at 10 minutes, to be followed by Senator worked with his fellow Governors and Interior-based agencies. Twenty per- BYRD. Federal officials to help bring a new cent of Interior scientists who an- The PRESIDING OFFICER. Without approach to forest health and wildfire swered a survey by the Union of Con- objection, it is so ordered. management. Under his leadership, cerned Scientists responded that they The question is, Will the Senate ad- Idaho has established effective and had been ‘‘directed to inappropriately vise and consent to the nomination of well-received wolf and grizzly bear exclude or alter technical information Dirk Kempthorne, of Idaho, to be Sec- management plans aimed at enhancing from a scientific document.’’ Moreover, retary of the Interior? the State’s responsibilities as Federal 44 percent of the respondents said that The nomination was confirmed. management is removed. they have been ‘‘directed, for non-sci- Mr. STEVENS. I move to reconsider There is no question in my mind that entific reasons, to refrain from making the vote. Dirk Kempthorne will make a super- findings that are protective of species.’’ Mr. CRAIG. I move to lay that mo- lative Secretary and establish a proud The Fish & Wildlife Service fired a tion on the table. and esteemed legacy, and I congratu- whistleblower who exposed the Bush The motion to lay on the table was administration’s use of flawed science late him on this remarkable achieve- agreed to. to favor development projects over pro- ment and high honor. The PRESIDING OFFICER. The Sen- Mr. LAUTENBERG. Mr. President, tecting habitat for the Florida Pan- ator from Louisiana is recognized for 10 the position we are voting on, Sec- ther. minutes. This administration’s contempt for retary of the Interior Department, Ms. LANDRIEU. Mr. President, I science is deeply disturbing, and it holds great importance for our coun- wish to speak about Governor would be a great disappointment if try. The Department determines the Kempthorne’s nomination, and now Governor Kempthorne were to continue fate of many of our public lands, in- confirmation by this body, to be Sec- to pursue policies based on ignoring, cluding national parks and wildlife ref- retary of the Interior, and I hope he suppressing, or intimidating scientists. uges. Of great importance to New Jer- Our country is blessed with countless will help us work through a com- sey, the Secretary of Interior deter- national treasures from coast to coast promise that has eluded this Nation for mines what activities can take place and, in my view, the Interior Sec- some 45 years. on the Outer Continental Shelf. The retary’s most important job is to re- The Secretary of the Interior is in a Secretary of Interior implements crit- store and preserve those treasures. De- pivotal position to help bring reason ical laws like the Endangered Species spite the serious reservations I have and rationale to this debate. I think Act, and administers some of our most raised here, I will support this nomina- that we, by confirming him this morn- important conservation programs like tion in the hope that Governor Kemp- ing, have put the right man in the job the Land and Water Conservation thorne will shift this administration’s for what is ahead. Fund. It should be a job for somebody unwise policy emphasis on develop- The Secretary of the Interior helps who believes in protecting our nation’s ment over preservation, and I urge him lead the debate and discussion about great natural heritage, not selling it to respect unfettered scientific inquiry the Nation’s energy policies. There are off to the highest bidder. in the agencies he will oversee. many facets of that policy, and it is I served in the Senate with Governor Mr. FEINGOLD. Mr. President, I am multidimensional. It is one of the Kempthorne, and we were members of mindful of Wisconsin’s historic dedica- toughest issues faced by this Congress. the Environment and Public Works tion to conservation and am keenly Because it is so regional, it brings very Committee at the same time. He is a aware of the legacy of Gaylord Nelson, passionate debate on both sides of the skilled legislator and a congenial per- John Muir, Aldo Leopold, and Sigurd issue. son, and I will vote to invoke cloture Olson. My constituents regularly re- I was pleased to cast my vote this on his nomination, and for his con- mind me of Wisconsin’s environmental morning for Governor Kempthorne, a firmation. But I do want to take this heritage and they expect their leaders former Member of this body, and a man opportunity to express some concerns to help build a positive environmental who has shown a great deal of ability about Governor Kempthorne’s record future. in terms of mediating very difficult on the environment, and about the As the Secretary of the Interior, Gov- issues. He showed that skill when he Bush administration’s record, as well. ernor Kempthorne will have the oppor- was a Member of the Senate, and I have The League of Conservation Voters tunity to chart a responsible course for no doubt that he will show the same has given Governor Kempthorne a life- managing our Nation’s public lands—a skill as he becomes Secretary of the time score of 1 percent, meaning he course very different from the one that Department of the Interior. voted against the environment as the American people have endured over One of the issues on which I look for- judged by LCV 99 percent of the time. the past 5 years. I am encouraged by ward to working with him and my col- That does not give me great confidence Governor Kempthorne’s reputation for leagues is the issue I have spoken on how he will address issues of pre- collaboration and consensus. While about so many times on the Senate serving wilderness, protecting wildlife, Governor Kempthorne’s environmental floor relative to offshore oil and gas or defending our coastal waters. Of record does give me cause for concern, drilling, a balance, a partnership of course, these are areas where the ad- it has been my practice to defer to mutual respect between the Gulf Coast ministration has already compiled a presidents in considering nominees for States and the Nation regarding a part- poor record. Cabinet positions. Consistent with that nership that is mutually beneficial. I am also concerned about whether practice, I will vote to confirm this As the Nation struggles to find new Governor Kempthorne will continue nominee. ways to produce oil and gas using the

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We are asking for a percent- ognized for 10 minutes, Senator SPEC- perately more oil and more gas, par- age, a percentage in dollars, from this TER for 10 minutes, Senator BYRD for ticularly natural gas; with the prices drilling to come back into this area such time that he may require, and fol- so high so that supplies can be in- and help us restore our wetlands and lowing Senator BYRD, Senator MCCON- creased and, hopefully, demand can be invest in the infrastructure necessary NELL be recognized for such time as he reduced, prices can come down, prices to protect this great coast so that we may require. can stabilize, and the entire economy, can provide our people with a bright The PRESIDING OFFICER. Without from the Midwest to the Northeast to and strong economic future. objection, it is so ordered. the far West can benefit from that ef- I am going to submit a longer state- f fort, I wanted to show a graph of what ment for the RECORD. Again, I submit, ENERGY I am speaking about because I think a looking at this chart, and just showing picture is worth a thousand words, and one more, that when we say the gulf Mr. STEVENS. Mr. President, yester- I know I only have a few more minutes. coast is America’s energy coast, these day the House of Representatives This is why I continue to come to the are the pipelines that come from the passed the bipartisan American-Made Senate floor to say that the gulf coast Gulf of Mexico. You can see even the Energy and Good Jobs Act. This bill di- is America’s only energy coast. Rocky Mountains. We are proud of the rects the Secretary of the Interior to This represents the miles and miles production that goes out West. We are establish and implement a leasing proof pipeline, rigs, and infrastructure proud of that production. But as you gram to enable the exploration, devel- that have been developed in the Gulf of can see, a lot of our gas is coming from opment, and production of Alaska’s oil Mexico since the first well was drilled Canada and, hopefully, more of our gas and gas resources in the Arctic Coastal off of Creole, LA, in the gulf in the will come from Alaska. Plain. 1940s. By the way, that community was I see my friend and colleague from I come today to commend our House just completely wiped out in the last Alaska, the senior Senator, on the Sen- colleagues for taking this action. Open- hurricanes, Hurricanes Rita and ate floor. We hope we can get more gas ing the Coastal Plain to development Katrina. But right off of Creole, a tiny from Canada and from Alaska because will help stabilize energy prices, spur little community in southwest Lou- we need it. But I want people to see economic growth, and enhance our na- isiana, the first offshore oil platform where the gas is coming from. The gas tional security. The Coastal Plain is was drilled. Subsequently, over decades is coming from Louisiana, and if you believed to be the second largest oil- this infrastructure has been built and want more of it, then, No. 1, help us to field ever discovered in North America, it has been built better and better and save our State from washing away in capable of producing at least 1 million stronger using better technology, and the gulf; and, No. 2, help us to share in barrels of oil per day. The National De- as a result this country has benefited some of these revenues that will go fense Council estimates the develop- significantly from this contribution. right back into these communities to ment of the resources in our Coastal Another way to look at it is the oil support the industry and the people Plain will create between 700,000 and 1 and gas leasing that has occurred— and the schools and the churches and million American jobs. which Secretary Kempthorne will now the towns that make this all possible. A majority in both Houses of this be responsible for, how these leases And, if not, then go find your gas some- Congress and 70 percent of all Ameri- occur, where they occur, and when they where else. I mean that. Go find it cans support exploration and develop- occur. As you can see, Alabama, Mis- somewhere else because we have a lot ment of Alaska’s Coastal Plain. Our sissippi, Louisiana, and Texas have of it down here. We are happy to give Senate colleagues should join those in served as hosts to this industry, and we it, but we need some respect and co- the House and act to authorize develop- have served proudly. But there is a cri- operation on this point. ment of these domestic resources. sis now in the Gulf of Mexico, and it The Senator from Alaska is here to Going forward, the United States was brought to the televisions of every speak, and I am going to be back later must increase domestic production to American—every American—with the this afternoon to finish the remarks secure our energy independence. Our landfall of Katrina and Rita and the that I want to put in the RECORD. I see Nation is in the midst of an energy cri- subsequent flooding. Secretary Kempthorne standing here. I sis. In 2003, gasoline cost $1.56 per gal- This is the devastation that has oc- appreciate him being on the floor to lon. This week, prices at the pump are curred along the gulf coast, the flood- hear these remarks. I am looking for- averaging $2.88 per gallon in my State ing in the city of New Orleans and in ward to having him come to Louisiana. and in some places over $4 a gallon. communities throughout Louisiana, I said he is not much use to us with a In the 1990s, natural gas prices in the and the frightening and real erosion of broken foot, so he has to get that foot lower 48, as we call it, averaged $2.50 America’s only coastal wetlands the fixed and then come on back so we can per thousand cubic feet. Today, natural coastal wetlands of Louisiana. We have take him out to offshore oil and gas gas costs approximately $6 per thou- lost over a million square miles of wet- rigs. He has promised to do that, and I sand cubic feet, more than twice as lands, and we are losing 33 football am sure he will get up to Alaska some- much. This situation will only grow fields a day. Thirty-three football time soon to see the great work that more serious. It is estimated that our fields a day are being lost in this great Alaska does. He, of course, is very fa- LNG imports will increase by 500 per- and extraordinary wetland. miliar, having been the Governor of cent in the near future. We also now When people say: Senator, how are Idaho, with the West. But, Governor, face increased competition for that the beaches in Louisiana? we are looking forward to having you LNG from foreign nations. I say: We don’t have beaches in Lou- come down and visit us on the gulf In the last 14 years, India’s oil con- isiana. We love the beaches that are in coast. sumption has doubled. China was the Florida, Alabama, and Mississippi. We I yield the floor. second largest oil importer in the world in 2004. According to the Energy have vacationed on them our whole f lives. But we have the greatest delta Information Administration, by 2025, system in America, built over a million LEGISLATIVE SESSION the world energy consumption will in- years by the Mississippi River itself, The PRESIDING OFFICER. The Sen- crease by 57 percent. the land that we actually live on. On ate will now return to legislative ses- Americans cannot conserve our way this land are great wetlands that sup- sion. out of this problem, and we cannot sus- ply fishing, that host and serve as the The PRESIDING OFFICER. The Sen- pend the law of supply and demand. If home of the mighty Mississippi River, ator from Alaska is recognized for 10 we continue to lock up our lands, this and serve as a platform for oil and gas. minutes. country will not have the energy need- As the Secretary will come to know, Mr. STEVENS. Mr. President, I ed to keep up with the global economy. this oil and gas could not be retrieved would like to change the order in terms Conservation and alternative fuels are or mined from the Gulf of Mexico with- of the time agreement. I ask that I be part of the overall solution, but to end

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.022 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5323 this crisis, we must also increase our made from wood chips. Our State for- providing objective information and domestic production of oil and gas re- ests contain millions of acres—millions analysis to allow the President to sources. of acres—of trees that are available for make the best possible decisions. In 2004, Congress provided the finan- harvest, including particularly the I didn’t believe that a partisan choice cial incentives to move forward with Birch trees which I am told is a good was the proper choice then, and it the Alaska natural gas pipeline. This source of material for this type of fuel seems in fact that was the case. Mr. pipeline, constructed to move 35 tril- to make ethanol. Goss is an example of where this ad- lion cubic feet of gas known to be in Alaskans are pioneers, but we are ministration believed that its political the Prudhoe Bay area, when completed, also realists. It will take decades be- agenda was more important than the will deliver about 4 billion cubic feet of fore our Nation can fully commer- security of our country. The CIA was in natural gas per day to the American cialize alternative energy sources. turmoil then, and it is in turmoil now. market. Solving our country’s energy crisis will The Agency’s assessments were dis- I now have serious concerns about require conservation. It will require de- trusted then and are still subject to the process for this pipeline being con- velopment of alternative fuels, but it skepticism now. Many more experi- structed. Federal officials told me that also requires domestic production of enced operatives have resigned. Mr. it would take 44 months once the Fed- our domestic oil and gas resources. Goss, a political operative chosen by eral Energy Regulatory Commission Those who advocate only one or two of President Bush to lead the Central In- receives an application to proceed with these approaches are misleading the telligence Agency through a difficult it. Congress can shorten this time- American public. There is an urgent period while engaged in a war, failed in frame by declaring a state of emer- need for us to develop our domestic re- this mission. So the administration is gency, and we have to realize that it is sources now, and there is an urgent trying again. a national emergency with regard to need for us to develop alternative fuels This time, the President has chosen our future gas supply. Congress cannot and to conserve. We must do all of an intelligence veteran. General Hay- intervene, however, until the State of that, Mr. President. den has served our Nation for the past Alaska has taken action on this gas Federal action is required and State 37 years as a distinguished intelligence pipeline. The pipeline is to move gas action is required immediately if we officer in the U.S. Air Force. He has from State lands, lands which the are to develop this gas pipeline. This most recently held positions as Direc- State of Alaska is the owner of, and gas pipeline project must go forward, tor of the National Security Agency the Alaska Natural Gas Pipeline Act of and authorization of the development and the Principal Deputy Director of 2004 stipulated that if an application of our resources in our Coastal Plain National Intelligence. General Hayden was not received by the Federal Gov- and the ANWR proposal is absolutely is well versed in intelligence matters, ernment by 2006 for the construction of necessary. I urge the Senate to join the he is well known in the community, this pipeline, the Department of En- House in authorizing the development and I do not believe he is a partisan po- ergy could study the feasibility of a which was authorized by the Congress litical operative. There is evidence pipeline to be built and owned by the in 1980. For over 25 years we have had that General Hayden has been and can Federal Government. This study is now a majority in the Senate which ap- be independent and objective. General underway. proves the development and explo- Hayden is a better choice, a much bet- While Federal ownership is not the ration and development of oil and gas ter choice, than Mr. Goss. However, I preferred course of action, given our resources of the Arctic plain. It is only still have some concerns. Nation’s current energy crisis and the a filibuster that has stopped us. Amer- First, there has been much discussion emergency we face, this Nation must ica needs these resources to meet the about General Hayden’s position in the ensure that this project moves forward increased demand for our energy and to military and his ability to be inde- as quickly as possible. provide for relief from our continued pendent from the Defense Department Earlier this week, the Wall Street increased dependence upon foreign in his assessments and in his oper- Journal published an interview with sources for energy. I urge the Senate to ations. While the law has always al- Lord John Browne, the chief executive join our colleagues in the House and lowed a military officer to serve in this officer of the British Petroleum Com- authorize development of our Coastal position, I believe there is a valid rea- pany. Lord Browne told the paper: Plain. I also urge my own State of son for concern. The fiscal year 2007 na- ‘‘The growth for us in Alaska is gas.’’ Alaska to move quickly to approve the tional Defense authorization bill ad- He was talking about, of course, the BP application for the natural gas pipeline dresses this issue. It states that flag Company. so it can move forward also. and general officers assigned to certain He said: ‘‘Oil will continue, but gas I thank the Chair, and I yield the positions in the Office of the Director will flip over and replace oil as the eco- floor. of National Intelligence and the CIA nomic driver.’’ He is talking about the The PRESIDING OFFICER. The Sen- shall not be subject to the supervision enormous potential of gas in the Alas- ator from Rhode Island. or control of the Secretary of Defense ka economy. And he added that: ‘‘Once f or exercise any supervision or control our pipeline is approved, we can look of military or civilian personnel in the forward to 50 years’’—we can look for- NOMINATION OF GENERAL Department of Defense, except as au- ward to 50 years—‘‘of increased gas MICHAEL HAYDEN thorized by law. I believe this is an im- supplies.’’ Mr. REED. Mr. President, a short portant provision and only one reason Now, our State and the Federal Gov- time ago the Senate approved the nom- the Defense authorization bill should ernment have to act quickly so that we ination of GEN Michael Hayden to be be considered as soon as possible, to can begin to lay the foundation for this the Director of the Central Intelligence get this position on the books of law. next 50 years of increased domestically Agency. I think it was an appropriate However, I also believe we have to go produced natural gas. confirmation by this body, but I do a step further. I think if a military of- Alaska’s energy resources are needed think it is also appropriate to com- ficer is chosen as the Director of Na- now. Our State’s potential is stag- ment on the nomination of General tional Intelligence or Director of Cen- gering. Trillions—I am told 32,000 tril- Hayden. tral Intelligence, that position should lion—of cubic feet of gas hydrates lie Twenty months ago, I came to the be a terminal assignment. That posi- beneath the permafrost under the Senate floor to oppose the nomination tion should be recognized by the officer North Slope lands of Alaska. We have of Porter Goss for the same position, as and by other members in the Depart- half the Nation’s coastline. It holds Director of the Central Intelligence ment of Defense and the administra- some of the world’s greatest prospects Agency. At that time, I stated that the tion as the final assignment of that for ocean and tidal energy. Two-thirds Director of Central Intelligence is a particular officer. I believe it best for of the Continental Shelf of the United unique position. It should stand above our national security if an officer who States is off our State. In addition to politics. The citizens of the United takes one of these top intelligence po- that, we hope someday we will join the States have the right to assume that sitions is free from considerations producers of ethanol. Ethanol can be the Director of Central Intelligence is about his future military career—what

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.023 S26MYPT1 ycherry on PROD1PC64 with SENATE S5324 CONGRESSIONAL RECORD — SENATE May 26, 2006 assignments he might be given, who he ously challenged. In certain cases, the at first, the House resisted to having might be angering in the Department only remedy for these individuals is to only part of their Intelligence Com- of Defense, who he might be pleasing resign rather than continue to support mittee informed, but, finally, 11 Mem- within the Department of Defense, ei- policies that they feel in their hearts bers of the House were informed. Then, ther consciously or subconsciously. and in their minds are not serving the in the wake of the Hayden nomination, As I said earlier, intelligence should best interests of this country. General the administration finally complied be above politics, and it also should be Hayden might come to such a decision with the Act by informing all of the above the politics within the Pentagon point, and I hope, given his skill, his members of the Intelligence Com- of assignments and of budgets and of experience, and his dedication to duty, mittee—I think, plainly, so that they other considerations. A law stating that he would take the harder right could get General Hayden confirmed. that the position as Director of Central than the easier wrong. When the Judiciary Committee Intelligence or National Intelligence is I yield the floor. called in Attorney General Gonzales on a final military assignment would help The PRESIDING OFFICER. The February 6, which was the first day we clarify this position in detail. It is an Chair recognizes the Senator from could do it after the mid-December dis- issue I will raise again during the con- Pennsylvania. closures and the hearings which we had scheduled on Justice Alito, it was an sideration of the Defense authorization f bill. embarrassing performance. The Attor- General Hayden has agreed, in con- CONGRESSIONAL NOTIFICATION ney General refused to say anything of UNDER THE NATIONAL SECU- sultation with Senator WARNER and substance about what the program was. also in consultation with his family, RITY ACT We were ready to retire into a closed that it is his intent to make this his Mr. SPECTER. Mr. President, I voted session, had that been productive, but final military assignment. I have no against General Hayden for the posi- it was a situation where the Judiciary doubt that he will do that, but I believe tion of Director of Central Intelligence Committee was stonewalled, plain and it is important to formalize this provi- as a protest vote against the adminis- simple. sion in the law. That is why I will bring tration’s policy of not informing the The Attorney General then wrote us this to the attention of our colleagues Congress, with special emphasis on the a letter on February 28 seeking to clar- when the Defense authorization bill Judiciary Committee, in a way which ify and explain what he had testified to comes to the floor. enables the Congress and the Judiciary before—and only more questions were There is another issue, of course, Committee to do our constitutional job raised. We have still not resolved the that is of concern. That issue is the ad- on oversight. I have no quarrel with issue as to whether we will recall the ministration’s terrorist surveillance General Hayden. He is a man with an Attorney General before the Judiciary program. General Hayden headed the outstanding record. I have no objection Committee, but there is a question as National Security Agency when the to his retaining his military status. He to its value and whether we can get program was proposed and imple- has testified in a way, before the Intel- anything from a repeat performance mented. From what we know today, ligence Committee, which was candid. I from Attorney General Gonzales. As I that program conducted electronic sur- would be especially pleased to support say, that remains an open question. In the interim, I have proposed legis- veillance of international telephone a fellow Pennsylvanian. But in light of lation which would turn over the ad- calls and collected millions of domestic what the administration has done on ministration’s surveillance program to phone records. Let me be clear. A vote the NSA program, which he has headed the Foreign Intelligence Surveillance for many years, I feel constrained to in support of General Hayden should Court. That court has a record of ex- vote ‘‘no’’ as a protest. not be construed as an endorsement of pertise. That court has a record for not The administration has not complied this administration’s surveillance pro- leaking and we could have it make the with the National Security Act of 1947, gram. Nor should concerns about the determination as to the constitu- which requires notification of all mem- administration’s programs be viewed as tionality of the program. an unwillingness to adopt aggressive bers of the Intelligence Committee. We had a hearing where we brought intelligence activities against those That was only done in the few days in four ex-judges of the Foreign Intel- who truly threaten this country. I be- prior to the confirmation hearings on ligence Surveillance Court who know lieve we still do not know enough of General Hayden. In fact, the adminis- its operations in great detail. They the facts about these programs. From tration for years notified only the so- made some suggestions which were in- what I do know, however, I have grave called Gang of 8, the majority and mi- corporated into my proposed legisla- concerns. nority leaders of the House and Senate, tion, thereby improving it. They an- A thorough investigation must be and the chairmen, vice chairman, and swered the questions about the possi- conducted and must be conducted in a ranking members of the Intelligence bility of an advisory opinion and the timely manner, but General Hayden Committees. Just because that had issue of the case in controversy re- was not the creator of the program, nor been the practice, it is not justification quirement. was he the one to provide the legal au- for violating the express language of I have since conferred with Senator thority for the program. He stated he the National Security Act of 1947, FEINSTEIN and Congresswoman JANE needed authority to implement such a which requires notification of all mem- HARMAN, ranking member on Intel- surveillance program and the adminis- bers of the Intelligence Committees. ligence in the House, about working on tration provided him with the author- During the 104th Congress, I chaired legislation. Both of those individuals ity he felt was sufficient. On this issue, the Intelligence Committee, and for have been privy to briefings by the adat this time I will give General Hayden that period of time I was a member of ministration on the program. There the benefit of the doubt. the so-called Gang of 8. Candidly, I was a suggestion that, with additional I did support the nomination of Gen- don’t think the administration told the resources and with some structural eral Hayden. I am certain he knows he Gang of 8 very much about what went changes—for example, expanding the 3- is taking a very difficult job at a very on. day period to 7 days—the FISA Court difficult moment. Be that as it may, admittedly the ad- would be in a position to pass, on an in- Many other honorable men and ministration did not tell anybody but dividual basis, the program. Whether women have joined this administra- the Gang of 8 about their electronic that is so or not, I don’t know, but that tion. They have come to this adminis- surveillance program until it was dis- is a possibility. tration with years of experience and closed by the New York Times on De- When the disclosures were made expertise, and they have found them- cember 16 and the Judiciary Com- about the telephone companies pro- selves in very difficult dilemmas, mittee brought in the Attorney Gen- viding substantial information to the where their experience and their exper- eral and had pressed on in a series of administration and the NSA, the Judi- tise was challenged by this administra- hearings; then, belatedly, a sub- ciary Committee scheduled a hearing. tion. Their objectivity, their sense of committee was formed in the Intel- We had it set for June 6. Yesterday, in duty—not to a particular President but ligence Committee and seven addi- an executive session, the issue was con- to the country overall—has been seri- tional members were informed. Then, sidered about subpoenas, since two of

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We also shared a view of this Senate. of the committee about calling in These are all circumstances and situ- We could not have been more compat- other members of the administration. ations which pose very substantial ible. We shared a goal, always to ac- Since we were in the middle of the peril to the separation of powers, and complish something good on behalf of debate on immigration, we held a very Congress has not asserted its Article I the American people. brief meeting in cramped cir- powers and ought to do so. We also shared a hallway on the 7th cumstances in the President’s Room off I have talked to FBI Director Mueller floor of the Hart Senate office building. the Senate floor. It was decided to and to the Deputy Attorney General I had good fortune to get an office next defer the hearing with the telephone about the search and seizure on Con- door to Senator Bentsen’s. Our two companies by 1 week to give the com- gressman JEFFERSON. This is a matter teams were very closely woven to- mittee an opportunity on June 6, the which ought to be inquired into—per- gether. same date we had previously scheduled haps quietly—to see if a protocol can Very often I would wonder where in a hearing, to consider these issues and be arrived at about what would be done the world my staff was. They would be decide them at greater length. if this situation were to reoccur in the down the hall talking to Bentsen’s An interesting suggestion was made future. staff because they we are so compatible by one of the members of the com- The PRESIDING OFFICER. The Sen- and had such good ideas. mittee—that in the past, when that ator from Pennsylvania is recognized. My staff would often go to his for member of the Judiciary Committee Mr. SPECTER. I thank the Chair. sage advice, as I would go to him. We was on the Intelligence Committee, he (The remarks of Mr. SPECTER per- would often walk over together for had called for a secret session of the taining to the introduction of S. 852 are votes. full Senate to discuss matters which printed in today’s RECORD under Senator Bentsen was a role model. He had been disclosed to him in the Intel- ‘‘Statements on Introduced Bills and was smart, tough, and disciplined. He ligence Committee which he was Joint Resolutions.’’) was always focused. He always main- barred from saying publicly. That is an Mr. BYRD. Mr. President, for how tained his temper. And he always kept avenue which I am currently pursuing. long am I to be recognized? his integrity. He was a Senators’ Sen- The stonewalling of the Congress— The PRESIDING OFFICER. For as ator. and particularly the Judiciary Com- much time as the Senator consumes. Lloyd Bentsen was a singular person. mittee and precluding the Judiciary Mr. BYRD. I thank the Chair. He was reserved, even-tempered, and Committee from discharging our con- Mr. President, I yield to my distin- fair. He reserved judgment, learned the stitutional duty of oversight—is par- guished friend from Montana so that he facts, and listened to all points of view. ticularly problemsome in light of a may speak for not to exceed 10 min- And then he would take a strong posi- pattern of expanding executive author- utes, and that I then be recognized in tion. And more often than not, that po- ity. sition would prevail. A ranking member of the administra- my own right. Lloyd Bentsen had the strongest tion reportedly told a ranking member The PRESIDING OFFICER. Without commitment to duty. Even after 14 of Congress that ‘‘we don’t have to tell objection, it is so ordered. hours of floor work, he would walk into you anything.’’ We have scheduled a The Senator from Montana is recog- a room for all-night budget negotia- hearing on signing statements where nized for 10 minutes. the President has asserted his author- Mr. BAUCUS. Mr. President, thank tions. He would not complain. He ity to pick and choose what he likes you, and I thank my good friend from would say: ‘‘This is what I signed up and what he doesn’t like in legislation West Virginia. I know what he is going for.’’. which was passed by the Congress and to speak on. The person he is going to Lloyd Bentsen contributed greatly to signed by the President. speak about was a great person, a per- this Country. He served bravely in the The Constitution gives the President son I very much admired, as I admire Air Force. He served 6 years in the the authority to veto but not to cherry the Senator from West Virginia—a House of Representatives. He served 22 pick. wonderful relationship, wonderful, years in this Senate. He served 6 years We have the case of Judith Miller, wonderful. It is a model for so many of as chairman of the Finance Com- the newspaper reporter put in jail for us in the Senate and the country. I mittee. And he served 2 years as Sec- 85 days during an investigation of a na- thank my very good friend. retary of the Treasury. tional security issue as to whether the Mr. BYRD. Mr. President, I thank my Lloyd Bentsen stood for responsi- identity of the CIA agent had been dis- dear friend, Senator BAUCUS, for his bility, probity, and civility. He was a closed, but there was also an investiga- kind remarks. champion of sound tax policy. He tion as to whether there had been per- f fought for and achieved some of the jury or obstruction of justice during most significant deficit reduction in SENATOR LLOYD BENTSEN the national security investigation. our Nation’s history. He played key Perjury and obstruction of justice are Mr. BAUCUS. Mr. President, it is roles in the 1990 budget summit and serious charges, but they do not rise to with great sadness that I join my col- President Clinton’s 1993 deficit reduc- the level of a national security issue, leagues in mourning the passing of a tion legislation. which would be the threshold for such great man, an extraordinary states- And Senator Bentsen was a leader in action as jailing a reporter for 85 days. man, and a good friend: Senator Lloyd international trade. We worked closely We now have the situation where the Bentsen. together for more than a decade, early Attorney General, on a Sunday talk Lloyd Bentsen was the noblest of on, to develop a Democratic position show last week, raised the possibility Americans. Courtly, thoughtful, and that supported free trade. We did so of prosecuting newspapers under a soft-spoken, Senator Bentsen embodied with an aggressive policy that broke World War I espionage statute. the finest traditions of America. down international trade barriers to We have the situation where the con- Lloyd Bentsen and I shared a per- American products. We worked closely gressional quarters of Congressman spective. It was based on the states on a series of initiatives, for at least a JEFFERSON were subject to a search and that we came from. I used to tease Sen- decade. seizure warrant without prior notifica- ator Bentsen that Montana is what Chairman Bentsen skillfully and suc- tion of the Speaker of the House of Texas would be like, if all the things cessfully worked to win passage of the Representatives or someone in the that Texans say about Texas were true. 1988 Trade and Competitiveness Act. He House, with very serious questions We shared an outlook born in the guided the United States-Canada Free raised there. wide open spaces of our great Land. We Trade Agreement through the Senate.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.025 S26MYPT1 ycherry on PROD1PC64 with SENATE S5326 CONGRESSIONAL RECORD — SENATE May 26, 2006 And in Texas, he is known as the father Mr. BYRD. I want to associate my- day of tribute to them, and to their of the North American Free Trade self, again, may I say, with my col- families, to whom the Nation owes so Agreement. league in every word he has chosen to much. Senator Bentsen ran against the first speak about Lloyd Bentsen. The poet Joyce Kilmer, himself a ser- President Bush twice. Bentsen ran Mr. President, for how much time am geant with the ‘‘Fighting 69th’’ Divi- against and beat Bush in the election I recognized? sion, who lost his own life in 1918 dur- for Senator from Texas, in 1970. And The PRESIDING OFFICER. For as ing World War I, wrote a poem called later, Senator Bentsen ran with Gov- much time as the Senator wishes to ‘‘Memorial Day.’’ ernor Dukakis on the 1988 Presidential consume. The bugle echoes shrill and sweet, ticket. Mr. BYRD. Mr. President, I thank But not of war it sings to-day. But after that election, Chairman the Chair. The road is rhythmic with the feet Of men-at-arms who come to pray. Bentsen was still for giving President f Bush authority to negotiate trade The roses blossom white and red REMEMBERING OUR FALLEN agreements. He simply thought that it On tombs where weary soldiers lie; HEROES Flags wave above the honored dead was the right thing for the country. And martial music cleaves the sky. Senator Bentsen embodied the finest Mr. BYRD. Mr. President, I speak Above their wreath-strewn graves we kneel, characteristics of public service. Some today in memory of our fallen heroes. Next Monday, the last Monday in May, They kept the faith and fought the fight. might say that he embodied a different Through flying lead and crimson steel era of the United States Senate. If that the Nation honors the men and women They plunged for Freedom and the Right. is so, then we are the poorer for having who have given their lives in battle. In the aftermath of the Civil War, the May we, their grateful children, learn lost it. We are certainly the poorer for Their strength, who lie beneath this sod, having lost him. practice of decorating the graves of Who went through fire and death to earn Our hearts go out to B.A., and the en- those who died in battle was already an At last the accolade of [Almighty] God. tire Bentsen family, on their great established custom in many places, es- In shining rank on rank arrayed loss. Lloyd Bentsen was always very pecially in the South, but it was a trib- They march, the legions of the Lord; sweet and deferential to B.A. He often ute to the healing of the Nation that He is their Captain unafraid, said the B.A. stood for ‘‘best asset.’’ both sides were able to put aside their The Prince of Peace . . . Who brought a Lloyd and B.A. Bentsen were married past differences to mourn the fallen to- sword. for 63 years. gether after that terrible conflict. Mr. President, all too often these Very often I would see the two of Although many communities lay days, Memorial Day is just another 3- them together. It reminds me of the re- claim to being the birthplace of Memo- day weekend, an opportunity to work lationship of Senator and Mrs. Byrd. rial Day, since World War I, when the on the yard a little bit, an opportunity They were very close; teasing each holiday changed from honoring just to go shopping, or to host a backyard other. It was a wonderful relationship those who died fighting in the Civil barbecue. Fewer and fewer Americans to behold. I have many memories of War to honoring those who were lost in honor the men and women in uniform Lloyd and B.A. being together, whether battle in any war—those Americans— and their fallen compatriots. Fewer, flying on a plane to South America or Memorial Day belongs to us all. still, visit military cemeteries or actu- here in the Senate, wherever. Mr. President, death knows no divi- ally decorate graves in the old-fash- My heart goes out to you B.A. and to sions or political views. Death knows ioned way. But for those who went to Arlington your family. no distinctions between uniforms or National Cemetery on Thursday, May Henry Wadsworth Longfellow wrote: battlegrounds. The Nation knew that 25, I say you may have witnessed the Were a star quenched on high, all too well after the Civil War. Death unites the fallen—death unites the fall- beautiful scene known as ‘‘Flags-In.’’ For ages would its light, Just prior to each Memorial Day week- Still travelling downward from the sky, en—in God’s care. And death heaps Shine on our mortal sight. grief and loss in equal measure on all end, every available soldier from the those left to mourn. 3rd U.S. Infantry Division, the Old So when a great man dies, Guard, honors their fallen brethren by For years beyond our ken, It is a lesson that some strident few The light he leaves behind him lies today need to be reminded of, as they placing a small American flag before each of the more than 220,000 grave- Upon the paths of men. use military burials as a place of pro- stones and 7,300 niches at the ceme- Senator Lloyd Bentsen was a great test. No matter what views one may tery’s columbarium. An additional man. And for years beyond our ken, the hold about the current conflict in Iraq 13,500 flags are set in place at the Sol- light that Lloyd Bentsen leaves behind and Afghanistan, or indeed of any con- dier’s and Airman’s Home National will lie upon the paths of men, upon flicts anywhere, there is no place for Cemetery, also in Washington, DC. the paths of the United States, and intrusions during these solemn rites, Flags are placed at the graves of each upon the paths of this Senate. no cause worth offering further pain to of the four individuals at the Tomb of I very much thank my friend from the families of the fallen. the Unknowns by the tomb sentinels. West Virginia. The men and women in our military Then, in order to ensure that each flag Mr. BYRD. Mr. President, I thank who don the uniform of the United remains in place and standing proudly, the distinguished Senator from Mon- States are not, as someone has so in- the Old Guard patrols the cemetery tana, Mr. BAUCUS, for that lovely elegantly put it, ‘‘the deciders.’’ They throughout the weekend, watching thought to which he refers by the great must, instead, put aside their personal over their fallen comrades. It is a stir- poet Longfellow, in his alluding to our views and focus on working seamlessly ring sight to see that, truly, none of former fellow colleague, Lloyd Bent- with the other members of their unit, these great sacrifices are forgotten, sen. so that the unit survives. and to witness how seriously these I thank the Senator from Montana Every death is accompanied by sto- young soldiers take their duty. for speaking as he has about our late ries of heroism, from the one who sac- There will be speeches on Memorial former colleague, Lloyd Bentsen. rificed his all to keep his fellow sol- Day—formerly referred to as Decora- Lloyd and I served in the House to- diers safe, to the heroes who brought tion Day. And I have made many of gether, too. We had a great admiration the fallen home. No protests can those speeches in my long years on Me- for him there. I said, ‘‘There is a young change, and none should mar, those morial Day. And on this coming Memo- man going places’’—and he went. He acts of bravery or those honored dead. rial Day, there will again be speeches, went places. Memorial Day is a day to put aside and wreaths will be laid. A moment of I join with my colleague, Senator our own schedules and to spend some silence will be observed. For these few BAUCUS, today in his message as words time remembering those who have moments, our Nation both mourns and of reverence for Lloyd Bentsen, and for risked all and lost all in service to the celebrates. Privately, we mourn the B.A., Lloyd’s lovely wife. I suppose she Nation. It is a day to recall and revere loss of so many young men and women, is in Texas today. their bravery, their duty, their fathers and mothers, sons and daugh- Mr. BAUCUS. She is. strength, and their humanity. It is a ters, friends and relatives.

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I see the distinguished Senator from Kentucky, Mr. She was my teacher. She taught me are also with those whose family mem- how to drive an automobile. She was bers have been wounded and who fight MCCONNELL, on the floor. I will yield to him if he wishes. my banker, my accountant. now for their lives. Very early in our marriage, as a mat- I thank the distinguished Senator for As a nation, we celebrate and we ter of fact, on Sunday, the day after his characteristic courtesy. honor the patriotism and the heroism the Saturday evening on which Erma that have kept us free, kept us united, f and I made our vows, I turned to her and kept us strong for these past two MEMORIAL DAY, MAY 29, 1937 and said: ‘‘Here is my wallet.’’ I think and a third centuries. It is on the I had saved up probably $300. I said: shoulders of these brave legions of the Mr. BYRD. Mr. President, Monday ‘‘You keep it. When I need a dollar, I’ll fallen and their comrades in uniform, next is Memorial Day. Monday next, come to you and ask for it.’’ That is past and present, that our Nation is being May 29, my memory goes back to the way it was, and that is the way it carried to greatness. May 29, 1937. It was a Saturday. I was has been throughout our 69 years. Technological and scientific progress working in the meat shop as a meat What a job she did from the meager is a source of pride and strength, eco- cutter at the Koppers Store in paychecks, and they were meager. Can nomic prosperity a boon, and our Con- Stotesbury, Raleigh County, WV. It you imagine. I started at $50 a month, stitution—thank God—a blessing. But was a coal mining community. I start- and by the time I married, I had ad- none of these gifts is sustainable with- ed working there in the gas station for vanced. I was getting $70 a month when out the will and the resolve to defend Koppers Store for $50 a month. I I married that sweetheart. She bought them, to the death if necessary. walked 4 miles to work and 4 miles from this meager paycheck the things Those we honor on Memorial Day back home, unless I might catch a that we needed, our groceries. She paid have gone that extra mile. They have bread truck or a milk truck. the bills. She saved some money for a worn the uniform with pride, and they But on that Saturday, May 29, 1937, rainy day, and she gave me a monthly have won and kept our freedom with at 5 o’clock p.m., my two senior meat allowance. their effort and their sacrifice. They cutters at the Koppers Store in Erma was my greatest critic, and she have fought together around the globe, Stotesbury, WV, and I closed up the was my greatest supporter. in the dark, in the mud, in the dust, on meat department and went home. I put When I left the West Virginia Legis- holidays, anniversaries, and weekends. on my best suit—actually, my only lature to come to Congress, the other Some have missed the births of their suit—and where did I go? I headed off body, the House of Representatives, children. Some have missed growing to Sophia, 4 miles away, to the house and this body, which also makes up the old with their loved ones. They will of the local hard-shell Baptist preacher Congress, I was carrying 22 credit hours enjoy no more 3-day weekends, no fam- U.G. Nichols. And there I met with my at Marshall College, now Marshall Uni- ily vacations, no backyard barbecues. high school sweetheart, Erma Ora versity, but she, Erma, managed our But in our moment of silence, as the James. May God bless her sweet mem- little grocery store. She took care of flags snap in front of the rows upon ory. She was the beautiful daughter of our two daughters, and she kept the rows of marble markers, let us think a coal miner. This was a coal miner home fires burning. on all that they have given for us, and who helped to teach me to play the old When I was attending law school be humbled. fiddle tunes long ago: ‘‘Sally Goodin,’’ while serving in the U.S. Congress, she Edgar Guest, a prolific poet of the ‘‘Mississippi Sawyer,’’ ‘‘Arkansas Trav- would drive from our home at that first half of the last century, wrote eler,’’ and ‘‘She’ll Be Comin Round the time in Arlington, VA. She would meet many favorite poems of mine. His work Mountain,’’ and so on. me on Capitol Hill here, around 5:30 was published in the newspapers, for he At 6 o’clock that evening, Preacher p.m., and she would give me my supper. worked for the Detroit Free Press. His Nichols pronounced Erma—God bless She brought it to me in a paper bag. I poem, Memorial Day, suggests a fitting her sweet name—and me ‘‘husband and would eat my supper while Erma drove tribute to all those we honor on Memo- wife.’’ That union, I am very proud to me in our car to American University rial Day. say, endured for 68 years, 9 months, and Law School for my classes at 6 p.m. Let me read a few lines. 24 days. So on May 29, 3 days from now, Then she would return later that The finest tribute we can pay Erma and I would have celebrated our evening, 8 o’clock or 9 o’clock, to pick unto our hero dead today, 69th wedding anniversary. That is me up and take me to our home in Ar- is not a rose wreath, white and red, something to brag about. Dizzy Dean lington. in memory of the blood they shed; said it was all right to brag, if you I also said, quite truly, that Erma it is to stand beside each mound, have done it, and Erma and I did it. each couch of consecrated ground, had put three kids through school: our and pledge ourselves as warriors true Erma didn’t quite go all the way. But two daughters and me. Erma was the unto the work they died to do. on May 29, Erma and I would have cele- mother of two most wonderful chil- Into god’s valleys where they lie brated our 69th wedding anniversary. dren, my daughters Mona Carole and at rest, beneath the open sky, That is something not heard about Marjorie Ellen. Marjorie Ellen was triumphant now o’er every foe, very often these days, a 69th wedding here yesterday with me as we had as living tributes let us go. anniversary. lunch with some friends in recogni- No wreath of rose or immortelles The Scriptures tell us that ‘‘whoso tion—one might call it celebration, but or spoken word or tolling bells findeth a wife findeth a good thing and I call it in recognition—of our 69th will do to-day, unless we give obtaineth favour of the Lord.’’ Well, on wedding anniversary. These two daugh- our pledge that liberty shall live. that blessed day in 1937—a long time ters have grown up to become out- Our hearts must be the roses red ago—I certainly found a good thing. In standing women and mothers them- we place above our hero dead; looking back on the life that Erma and selves. Marjorie was here with me and today beside their graves we must I shared, I can say, in accordance with with her husband, John Moore. Like renew allegiance to their trust; the scriptural passage, that I must must bare our heads and humbly say me, those daughters owe so much to we hold the flag as dear as they, have been favored by the Lord. the marvelous and wonderful woman and stand, as once they stood, to die ‘‘The joys of marriage are the heaven they called ‘‘mother.’’ to keep the stars and stripes on high. on earth,’’ wrote the English drama- Through the years, Erma was my The finest tribute we can pay tist, John Ford, five centuries ago. constant companion. She was there unto our hero dead today How right John Ford was. When I think with me, by my side, on the campaign is not of speech or roses red, of Erma, I still think of the beautiful trails. She was with me in 1958 when, as

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.046 S26MYPT1 ycherry on PROD1PC64 with SENATE S5328 CONGRESSIONAL RECORD — SENATE May 26, 2006 a Congressman, I made a tour of the and I honored and enjoyed for almost May God bless her and hold her to his economically depressed areas of the 69 years, through the bad times as well bosom in Heaven until I come to be State and other parts of the country. as the good, down the rough roads as with her—this extraordinary woman, She was with me in April 1969, in Mex- well as the smooth ones. Our life’s the daughter of a coal miner, Erma ico City, Mexico, when I served as a journey was not always smooth and James Byrd. delegate to the Mexico-United States easy traveling. In fact, it was as bumpy Mr. President, these are a few lines Interparliamentary Conference. She at some times and as curvy as a West which were the favorite lines of Erma. was with me on all my trips to Europe Virginia mountain road. But over the The author’s name is Isla Pascal Rich- and Asia. She was always there. Erma years, Erma and I learned that the ardson. The lines are these: was always there with me at my side. challenge of a marriage is the ability If I should ever leave you, She is with me today, I know. For to overcome imperfections, not just to Whom I love nearly 69 years, that woman, the great- ignore them. We always remembered To go along the silent way, est woman I ever met—I have met our devotion to each other, despite our Grieve not, queens and great women of the world— shortcomings and despite the difficul- Nor speak of me with tears. was with me. She was always with me. ties we encountered along life’s way. But laugh and talk of me She is with me now, I know. For nearly And when Erma and I married on As if I were there beside you. 69 years, she was my comfort in times that blessed Saturday evening nearly For I will come—I’ll come! 69 years ago, we were so proud and we Would I not find a way? of sorrow. She was stoic and brave. She Were tears and grief not be barriers? never flinched in times of trouble. were so poor that I could not even take a day off from work. We did not have And when you hear a song or see a bird I We have lived and loved together through the money for a honeymoon, so after loved, many changing years; we have shared each the wedding we went to a square dance, Please do not let your thoughts of me be sad. other’s gladness and wept each other’s tears; For I am loving you just as I always have I have known ne’re a sorrow that was long where I played the fiddle and she danced. On Monday morning, where ... unsoothed by Erma; for thy smiles can make You were so good to me. a summer where darkness else would be. was I? I was back at work in the grocery store in that coal-mining camp of There are so many things I wanted still to I quoted from the lines of Charles do— Jeffries, ‘‘We Have Lived and Loved To- Stotesbury. I was back at the meat So many things to say to you . . . gether.’’ counter in a coal-mining camp of Remember, that I did not fear death. This quiet, self-contained coal min- Stotesbury. Although our fortunes did It was just leaving you that was so hard to er’s daughter confronted demonstra- change, allowing us the opportunity to face. tors and protesters in front of our celebrate our anniversary in more spe- We cannot see beyond this life home in Arlington. She spent many cial ways over the years, my Erma, my But this you know . . . I loved you so evenings alone when I had to stay late Erma never changed. She never Never doubt that I am with you still! at the Capitol attending the Nation’s changed. From being the wife of a Mr. President: business. She always was most com- meatcutter at the Koppers store in Love does not die with the body Stotesbury, WV, to being the wife of fortable with the unassuming, down-to- And nothing in heaven or on earth the majority leader of the U.S. Senate, earth West Virginia folks, back in the Can keep apart those who love one Erma never stopped being herself. Her hills of West Virginia, like those back another. in the hills of Kentucky from which my enduring patience and her steadfast support were the stabilizing constants Mr. President, I yield the floor. friend, Senator MITCH MCCONNELL, The PRESIDING OFFICER. The Sen- comes. She met with kings and shahs, in our marriage. Could I have made this journey with- ator from Kentucky is recognized. princes and princesses, Governors and out her? Could I have accomplished as f Senators, Presidents. She entertained much as I have accomplished—what- the high and the mighty, the powerful A GREAT MARRIAGE ever that may have been—without her? and the wealthy of this Nation in a for- I think not. The more important point Mr. MCCONNELL. Mr. President, I eign land because it was important to is that I did it with Erma, and I would congratulate my good friend from West her husband who served as the major- not have had it any other way. She was Virginia on his extraordinary reminis- ity leader of this Senate and various God’s greatest gift to me. cence of his remarkable wife of 68, al- other Senatorial offices. She did it all I don’t know what I ever did to de- most 69 years. I think those of us in the with an innate, inherent graciousness, serve her, but somewhere along the Senate are well aware that the mar- incredible patience, and a soft, warm line, I must have done something that riage of Robert and Erma Byrd was one smile. She was a remarkable lady of was especially good. The good Lord, of the great marriages of American his- great wisdom, but most of all, great the King, the Lord of Hosts, smiled tory. No two people were ever more gentleness, yet she could be tough down on me at 6 o’clock in the evening right for each other, ever more com- when she saw injustice or unfairness. on May 29, 1937. mitted to each other, or provided a bet- I was always so proud of her. In fact, So may I close with these few words ter example for our country than Sen- the entire State of West Virginia took that come from a poem, ‘‘An Old ator and Mrs. Byrd. pride in Erma. That is why she was Sweetheart of Mine,’’ by James Mr. BYRD. Mr. President, I appre- named West Virginia Daughter of the Whitcomb Riley. ciate from my heart the kind words of Year in 1990. Oh, could we call back the Is this her presence here with me, my dear friend, Senator MITCH MCCON- vanished years. And she was named Or but a vain creation of a lover’s memory? NELL, from our neighboring State of West Virginia Mother of the Year a few A fair, illusive vision that would vanish into Kentucky. I am not sure that I was years later. air, meant to have all these blessings, but I Marriage is a sacred institution. It is Dared I even touch the silence with the whis- am sure of one thing: Erma was the more than the result of repeating a few per of a prayer? perfect woman, the greatest woman I vows. Marriage is an oath, an oath be- Nay, let me then believe in all the blended have ever met. And today I have no fore God. I have admired the ancient false and truth— The semblance of the old love and the sub- doubt that she is in Heaven. I also have Romans so much, as did Montesquieu, stance of the new, no doubt that I can meet her. because they would not break an oath. The then of changeless sunny days—the now Let me thank again my friend, MITCH They would go to their death rather of shower and shine, MCCONNELL. How lovely were his than break an oath. The ancient Ro- But love forever smiling—as that old sweet- words. How nice of him. I thank the mans. So marriage is an oath before heart of mine. Senator very much. God, a sacred and noble contract be- Mr. President, I simply say that I f tween a man and a woman. Read it in give thanks to Almighty God for a long the Bible. and good marriage and the richness TRIBUTE TO FIRST LIEUTENANT It is a glorious commitment, a com- which that hallowed institution has ROBERT LEWIS HENDERSON II mitment of love, of caring, and of sac- given to my life because of one very ex- Mr. MCCONNELL. Mr. President, I rifice. It is a commitment that Erma traordinary woman. ask the Senate to pause for a moment

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.048 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5329 today in loving memory and honor of After 8 years as an enlisted soldier, Dozens more clustered outside the en- 1st Lt Robert Lewis Henderson II. Rob felt he still had more to give. In trance, all to pay their respects to Lieutenant Henderson of Alvaton, 1997, he went to Officer Candidate their fallen leader, brother soldier, and KY, served with the 2123rd Transpor- School at Fort Eustis, VA. By 1998, he friend. . tation Company in the Kentucky Army had made first lieutenant. We thank Rob’s wife Lisa for sharing National Guard, based in Owensboro, Lieutenant Henderson deployed to her stories of Rob with us. She and KY. On April 17, 2004, he gave his life in Kuwait in January 2004. Rob and his young Peyton join us in the Capitol defense of our country in the city of Ad unit were charged with transporting today. We are also honored that Rob’s Diwaniyah, Iraq. He had served his Na- convoys of heavy armored units which mother, Lillian Henderson, has shared tion as a citizen-soldier for 16 years— traveled from Kuwait to the front lines her memories of her son. And today we nearly half his life. Lieutenant Hender- in Iraq. are thinking of Rob’s sister, Jackie son was 33 years old. As platoon leader, Rob was tasked Hawkins, and his half-sister, Monica On that day in April 2 years ago, as with overseeing the complicated logis- Walker, as well. night approached, Lieutenant Hender- tics of these missions. From scheduling Mr. President, I cannot help but feel son and three of his fellow soldiers maintenance on the heavy trucks to se- humbled when I think of Lieutenant were escorting a convoy of the Army’s curing fuel, Rob’s duties encompassed Henderson’s final selfless act. A good 1st Armored Division. ‘‘most everything,’’ recalled his friend soldier to the end, he put his men first. Their mission was to transport the SGT Doug Pollard, who also served in It is easy to see his heroism now, but 1st Armored Division, with its essen- the Kentucky Guard. when I look back at the brave 17-year- tial M1A1 Abrams tanks and missile Sergeant Pollard, who met Rob when old who stepped forward to honor his launchers, toward the fierce fighting in Rob first enlisted, said that ‘‘from day father and his country, I can see the Al Najaf, where Coalition forces bat- one, Rob was about nothing less than heroism was already there. tled terrorists. hard work and taking care of other sol- This Nation can never repay our he- Staff Sergeant Michael Grimes, a fel- diers.’’ roes or their families, but we will never low Kentuckian who was with Lieuten- Lieutenant Henderson ‘‘led from the forget them. ant Henderson in the Humvee, recalls front,’’ a popular Army expression for Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- that Rob ‘‘was proud to be in the Ken- officers who lead by example on the ator from Michigan. tucky Guard and on the mission that front lines. Sergeant Grimes said, ‘‘Rob would never ask a man to do anything day.’’ f Lieutenant Henderson and his team that he wouldn’t have done himself.’’ 1SG Michael Oliver, also of the Ken- FORMATION OF A NEW IRAQI drove through an area of Ad Diwaniyah tucky Guard, agreed. ‘‘Normally, as an GOVERNMENT that our troops have come to call ‘‘am- officer you sit back, supervise and di- Mr. LEVIN. Mr. President, last bush alley.’’ The foreboding nickname rect,’’ he said. ‘‘Lieutenant Henderson evening, during his press conference proved apt as Lieutenant Henderson’s loved . . . to get right in there.’’ with Prime Minister Blair relative to convoy, driving up the street, came Rob’s passion for life shone through Iraq, President Bush stated: upon an overturned tractor trailer in in his civilian duties as well. He The formation of a new government rep- an intersection. worked as a sales manager at a Lowe’s resents a new beginning for Iraq and a new Lieutenant Henderson, who was driv- hardware store in Bowling Green. He beginning for the relationship between Iraq ing the lead Humvee, tried to go had worked at several Lowe’s stores and our coalition. around the obstacle, but as the escort throughout Kentucky, being promoted I hope that is not overly optimistic, team slowed, terrorists ambushed with each new post. but, frankly, I am afraid that it is be- them. Working as much as 60-plus hours a cause of the incompleteness of the Lieutenant Henderson sustained week, Rob fulfilled his Guard training Iraqi Government. Its two most impor- what proved to be a fatal gunshot in on the weekends, with the same com- tant positions—the Minister of Defense the leg, but he still managed to drive mitment he showed in all aspects of and the Minister of the Interior—have his team to a strategic position where life. While working at Lowe’s, Rob also not been filled. These are critical posi- they could return fire and then warn met Lisa, the love of his life. They tions because numerous police and the convoy of impending danger. His married in January 2003. army units have been dominated by final act was to protect his friends and Raised in Rockfield, a small Warren militia members who are loyal to sec- fellow soldiers. County town outside Bowling Green, tarian or political leaders and not to His actions ‘‘probably saved hundreds Rob Henderson grew up playing foot- the central Government, and because of lives,’’ said Kentucky National ball and baseball and cheering for the many militia members outside the po- Guard Adjutant GEN Donald Storm. University of Notre Dame. He also had lice and the army are engaged in a For his valorous service, Lieutenant a fascination with trucks. rampage against innocent civilians. Henderson was awarded the Bronze Rob worked hard on his home—espe- While there have been disagreements Star Medal and the Purple Heart. And cially the outside. Lisa Henderson re- on a number of issues related to Iraq, he was awarded the Kentucky Distin- calls her husband’s attention to detail, almost everyone has agreed that the guished Service Medal, for dem- saying, ‘‘he was obsessed with mowing new Iraqi Government would have to onstrating all the qualities of a great the grass, and just insisted that our be a government of national unity with soldier, remaining combat-focused yard look better than any of our neigh- specific emphasis on independent non- while decisively engaged with the bors.’’ Often seen in jeans and work sectarian choices for the positions of enemy, performing his duties, and ac- boots, he loved playing with his and Minister of Defense and Minister of the complishing his mission. Lisa’s two dogs. Interior if there was to be a chance of Rob enlisted in the Kentucky Na- Rob was excitedly awaiting the birth quelling the sectarian violence and de- tional Guard in 1988, when he was just of his and Lisa’s first child. Lisa recalls feating the insurgency. 17 years old, as a student at Warren hearing the excitement in Rob’s voice Our senior military leaders have been Central High School in Bowling Green, when she called to tell him they would telling us for years that there is no KY. His mother, Lillian Henderson, re- be having a baby. Rob was training military solution to the violence in calls when he told her, ‘‘If you don’t with his platoon in Greenville, KY, and Iraq and no way to defeat the insur- sign for me at 17, I’ll sign for myself at he was so thrilled that he raced off the gency without a political solution 18.’’ phone to go tell his whole unit. among the Iraqis themselves. Surely Rob knew the honor and the Peyton Joshua Henderson was born The Government that was announced sacrifice that came with serving one’s in July 2004, 3 months after a memorial last weekend and approved by the Iraqi country. Rob’s father, Robert ‘‘Lou’’ service was held for Lieutenant Hen- Council of Representatives does not Henderson, served in the Army during derson in a small chapel erected at represent a political solution because the Korean War. Lou passed away after Camp Arifjan, Kuwait. it did not include the two most impor- a struggle with cancer in 1994, but his More than 150 of Lieutenant Hender- tant ministries: the Ministry of De- son continued the family legacy. son’s fellow soldiers gathered inside. fense and the Ministry of the Interior.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.036 S26MYPT1 ycherry on PROD1PC64 with SENATE S5330 CONGRESSIONAL RECORD — SENATE May 26, 2006 The plain truth is that the various constitution to make it a unifying doc- But corporate corruption is not over. Iraqi political actors were not willing ument. Just this year, AIG, one of the coun- to make the compromises necessary to These are critically important mat- try’s largest financial firms, agreed to bring about a government of national ters. There needs to be a government of pay $1.6 billion to settte State and Fed- unity within the time allotted by the national unity. We can’t save Iraqis eral allegations of securities fraud and Iraqi Constitution. And they still from themselves. We can’t form a gov- bid-rigging. Fannie Mae, an American haven’t. We hope they will at any time, ernment of national unity. We can’t symbol of financial success and afford- but they still haven’t. amend their constitution. If they want able housing, paid $400 million to settle Secretary of State Condoleezza Rice, a nation, it is up to them to get on allegations of accounting fraud. In appearing on FOX News last Sunday, with it according to their own con- April, the former chief executive of minimized the lack of selections for stitutional deadlines. Computer Associates, a leading high these two positions when she said: It is not going to happen if we just tech company, pled guilty to securities People are dramatizing the fact that they tell the Iraqis we are there as long as fraud and obstruction of justice. An- didn’t get certain posts that they hoped to they need us. That is an open-ended other 20 publicly traded corporations get. commitment which cannot stand be- are currently under investigation for She went on to say: cause the American people will not playing games with the timing of stock ... let’s give them three days or four stand for it and should not stand for it. option grants to maximize the profits days, or five or six days, to come up with the I hope the President and the Sec- that their top executives could pocket. best possible interior ministry. You know, retary of State and the U.S. Ambas- The list, unfortunately, goes on. the five days that they will take to vet peo- sador are saying privately what they The message that should be taken ple more thoroughly, to make sure they have haven’t yet said publicly: that it is up from the Enron convictions is not that the right person, will be well worth it. to the Iraqis to determine their fate corporate oversight is too tough, but On ‘‘Meet the Press’’ that afternoon, and to pull together a national unity that corporate executives must and can Secretary Rice even spoke of that fail- government because that is the only be held accountable when they misuse ure as a plus, a positive, saying: hope they have of defeating the insur- funds, abuse their positions, and mis- . . . I think it actually shows some matu- gency and avoiding civil war. lead the investing public. I am told that some corporations are rity that they were able to go ahead with the f formation of the government so that they waiting for my good friend, PAUL SAR- can start working, but that they can take a THE ENRON CONVICTIONS BANES to leave the Senate before at- little bit longer. Mr. LEVIN. Mr. President, 5 years tacking the law that he championed. How is that a sign of maturity? In ago, the Enron Corporation, the sev- They want him out of the way first. my view, both the mature and the nec- enth largest publicly traded corpora- But my friend fought too hard and too essary thing under the constitution of tion in America with a $100 billion in long for the corporate reforms em- Iraq was for the Iraqi political leaders annual revenue, collapsed. Its sudden bodied in Sarbanes-Oxley to be tossed to make the compromises necessary to plunge into bankruptcy destroyed the aside or watered down. This country form the entire Government, including, savings of thousands, eliminated the cannot afford more Enrons, and I, for in particular, the Minister of Defense jobs of tens of thousands more, and, one, believe the Senate cannot and will and the Minister of the Interior, the more fundamentally, damaged Ameri- not turn back the clock on corporate two most important ministries. cans’ faith in U.S. capital markets. In oversight. It was also disappointing that nei- the years following, the extent of f ther President Bush nor our Secretary Enron’s misconduct became clear—the SENATOR ROBERT BYRD AND of State mentioned anything about the dishonest accounting, nonpayment of ERMA BYRD need to amend the Iraqi Constitution. taxes, excessive executive compensa- Mr. LEVIN. Mr. President, I wish to General Casey noted in testimony be- tion, collusion with banks and brokers, add one comment to Senator MCCON- fore the Senate Armed Services Com- the lies to the investing public and NELL about Senator BYRD’s comments mittee: their own employees. about his holy marriage, a marriage We’ve looked for the constitution to be a Many Enron executives have since which has inspired every person and national compact, and the perception now is pleaded guilty and accepted responsi- every couple who is familiar with Rob- that it’s not, particularly among the Sunni. bility for their role in the Enron dis- ert and Erma Byrd. The Iraqi Constitution itself provides aster. Enron’s two most senior execu- My wife Barbara and I have been here for the appointment of a committee to tives, however, did not. They spent the now for 28 years. When we came here, propose amendments to their constitu- last 5 years denying responsibility and we noted right away this wonderful tion. That committee has 4 months to fighting all efforts to hold them ac- love affair between Robert and his be- complete its work and to recommend countable. But yesterday, a jury found loved wife Erma. Many things that amendments to the constitution to the Ken Lay and Jeffrey Skilling guilty of Senator BYRD does inspires every one full Parliament. 25 counts of securities fraud, wire of us in the Senate—his love of this in- For a long time, I have been calling fraud, false statements, and other mis- stitution, his passionate commitment for President Bush and officials of his conduct. The jury held both men ac- to this institution, and all the unique administration to put pressure on the countable for Enron’s misdeeds. features of it, his love affair with the Iraqis, to meet the timetables they Some want to portray those convic- constitution of the United States. But have set in their own constitution to tions as the end of an era of corporate I guess as powerful and potent as those form a unity government and to make corruption. They are already urging two commitments are and remain and the changes in the constitution that Congress to weaken the Sarbanes- always will in his heart and in our would make it a unifying document. I Oxley Act, the law enacted to prevent hearts, hopefully, his relationship with have called for that pressure to be in future Enron catastrophes. For exam- his wonderful, extraordinary wife Erma the form of conditioning our continued ple, they want to exempt 80 percent the tops them all. presence in Iraq on Iraqis meeting publicly traded companies from rules I thank him for that inspiration and their self-imposed deadlines. requiring internal controls to ensure thank him for all those other things The President told me in the pres- that their books accurately reflect that he does which help to keep this ence of several Members of the Con- their finances. They want to weaken or body, this unique body in the history of gress and in the presence of his own se- eliminate the Public Company Ac- the world. curity team that position is actually counting Oversight Board that now po- I yield the floor. helpful. For us to tell the Iraqis that lices the accounting industry. They The PRESIDING OFFICER. The Sen- our continued presence depends upon want to weaken other corporate re- ator from West Virginia. their doing what only they can do, forms as well, from rules requiring Mr. BYRD. Mr. President, I shant which is to meet their self-imposed oversight of hedge funds to rules re- leave this floor until I have said thank deadlines for a full government to be quiring mutual funds to have inde- you to my noble friend, the able Sen- appointed and for them to amend their pendent directors. ator from Michigan, the chairman of

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.052 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5331 the committee on which I serve, the ∑ Mrs. BOXER. Mr. President, had I stituent liaison. I rise today to recog- committee which authorizes the ex- been present for the vote to invoke clo- nize the outstanding service and dedi- penditures we must make if we are to ture on the nomination of my former cation she demonstrated throughout keep our Nation strong, the Armed colleague, Dirk Kempthorne, to be Sec- her extensive and distinguished career. Services Committee. I thank him. He retary of the Interior, I would have A native South Carolinian, Jean is has been and is an inspiration to me. cast a vote of ‘‘aye’’.∑ the daughter of Mr. Joe B. and Mrs. His dedication, his thoughtfulness, his f Trula W. Price. She graduated from courtliness—I thank him for all. Lander University in Greenwood and Mr. President, I yield the floor and HONORING OUR ARMED FORCES began her career as a congressional suggest the absence of a quorum. MEMORIAL DAY staffer in the office in the officer of The PRESIDING OFFICER. The Mr. LAUTENBERG. Mr. President, former U.S. Representative Butler Der- clerk will call the roll. this week we are in a rush to finish our rick, who represented South Carolina’s The bill clerk proceeded to call the business so we can head home for the Third Congressional District from 1974 roll. Memorial Day Recess. to 1994. Jean wore many hats for Con- f Memorial Day signals the beginning gressman Derrick in his Anderson, SC, of summer, when children are out of district office. Whether working as a RECESS SUBJECT TO THE CALL OF school and families get to spend time constituent liaison, a special events co- THE CHAIR together. ordinator, a caseworker, or even as a The PRESIDING OFFICER. In my It’s a time for vacations and trips to manager, Jean went above and beyond capacity as a Senator from Georgia, I the shore, and backyard barbecues. what was required to address any task ask unanimous consent that the But most important of all, Memorial or challenge she confronted. quorum call be rescinded. Day is also the time when we remem- Following Congressman Derrick’s re- Without objection, it is so ordered. ber the brave soldiers who have made tirement in 1994, I was elected to Con- In my capacity as a Senator from the ultimate sacrifice for our country. gress and was fortunate Jean accepted Georgia, I ask unanimous consent that This year there are almost a thou- a constituent services position in my the Senate stand in recess subject to sand more names on that list than last Aiken office. After my election to the the call of the Chair. Memorial Day. Senate in 2002, I promoted Jean to low- There being no objection, at 12:30 In total 2,750 troops have lost their country regional director, and she p.m., the Senate recessed subject to the lives in Iraq and Afghanistan: 2,455 in helped establish our office in Mt. call of the Chair. Iraq and 295 in Afghanistan. Pleasant. The Senate reassembled at 2:42 p.m., Almost 18,000 more have been seri- In the 12 years Jean has worked on when called to order by the Presiding ously wounded. my staff, she has consistently and self- Officer (Mr. BENNETT). I keep a gallery of the pictures of the lessly served constituents, answered The PRESIDING OFFICER. The ma- fallen outside my office in the Hart questions, and solved countless prob- jority leader is recognized. building. More and more people come lems. In doing so, Jean has garnered to visit it, and I encourage my col- the personal and professional respect f leagues, their staff and our constiuent and admiration of her friends and col- MORNING BUSINESS guests to view it and honor the memo- leagues. She is an upstanding member of society. She represents the very fin- Mr. FRIST. Mr. President, I ask ries of these heroes. est in Christian values dedicating unanimous consent there now be a pe- New Jersey families have lost 71 much of her free time to church and riod of morning business for Senators troops in Iraq and Afghanistan. community work in various leadership permitted to speak for up to 10 minutes Last year, near Memorial Day, I read and service positions. But above all, each. the names of New Jersey’s fallen troops Jean has been dedicated to her family. The PRESIDING OFFICER. Without into the CONGRESSIONAL RECORD, where While well deserved, Jean’s retire- objection, it is so ordered. they would be enshrined for all time. Fifteen more New Jerseyans have ment is a great loss for me and the f died since then. Today, with your in- State of South Carolina. Her service (At the request of Mr. REID, the fol- dulgence, I would like to read their heart will serve as the gold standard lowing statement was ordered to be names and hometowns into the for all staff that follow behind her. I printed in the RECORD.) RECORD: will miss Jean, but I wish her a prosperous retirement and great success VOTE EXPLANATION SSG Jeremy A. Brown, whose mother lives and happiness in the future. ∑ in West Orange; SPC Armer N. Burkart, Mr. SALAZAR. Mr. President, I was Blairstown; PFC Ryan D. Christensen, whose f necessarily absent during confirmation mother lives in Brick; LTC Terrence K. vote on the nomination of Michael Crowe, member of the U.S. Army Reserve in THE PATRIOT LOAN ACT OF 2006 Hayden to be the Director of the Cen- Lodi, NJ; SFC Michael Egan, his mother re- Mr. CRAIG. Mr. President, I rise to tral Intelligence Agency because I had sides in Pennsauken; SGT Clarence L. Floyd, comment on legislation introduced returned to Colorado to honor commit- his mother resides in Newark; CPT James M. yesterday, S. 3122, the Patriot Loan ments to my family. I want the RECORD Gurbisz, Eatontown; SSG Edward Karolasz, Act of 2006. It is called the Patriot to reflect that had I been here, I would Kearny; SPC Gennaro Pellegrini, Jr., whose Loan Act for that is who the legisla- father resides in Wildwood; CPT Charles D. have voted in favor of confirmation. Robinson, Haddon Heights; LCpl Edward A. tion is intended to benefit, patriot cit- I was also necessarily absent during Schroeder, South Orange; SSG Stephen J. izen-soldiers who are called from their the cloture vote on the nomination of Sutherland, West Deptford; 2LT Dennis W. employment at America’s small busi- Dirk Kempthorne to be Secretary of Zilinski, Howell; SSG Christian Longsworth, nesses to serve our country in uniform. the Interior. I support this nomination, Newark; and SGT Matthew Fenton, Little I am proud to join with Senator OLYM- and I want the RECORD to reflect that Ferry. PIA SNOWE, who serves as the chair of had I been here, I would have voted in On this Memorial Day, I hope every the Senate Committee on Small Busi- favor of invoking cloture. American will pause to give thanks for ness and Entrepreneurship, as an origi- And I was necessarily absent during the brave soldiers who gave their lives nal cosponsor of this important bill. confirmation vote on the nomination for our country. All of us in the Senate come from of Brett Kavanaugh to be a U.S. Circuit f States affected by the mobilization of Judge for the DC Circuit. I want the our Guard and Reserve personnel. In RECORD to reflect that had I been here, TRIBUTE TO NANCY JEAN PRICE my home State, the Idaho National I would have voted against confirma- Mr. GRAHAM. Mr. President, next Guard’s 116th Brigade Combat Team tion.∑ week, on June 2, Ms. Nancy Jean Price turned last fall from its 18-month de- (At the request of Mr. REID, the fol- will retire from my office having ployment to Iraq. I visited members of lowing statement was ordered to be served the people of South Carolina for the 116th while they were in Iraq and printed in the RECORD.) over 30 years as a congressional con- discovered that a good number of them

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.053 S26MYPT1 ycherry on PROD1PC64 with SENATE S5332 CONGRESSIONAL RECORD — SENATE May 26, 2006 left jobs at small businesses across and harder to find, preventing some States. We also saw firsthand the dev- Idaho. I also held a hearing in Idaho consumers from insuring their homes astating effects of a volcano eruption last August regarding the reemploy- and businesses. at Mount St. Helens in Washington ment rights of returning Guard and Re- As we know too well, the last few State. serve members, with particular focus years have brought a devastating cycle In the past few decades, major disas- on how those rights would impact of natural catastrophes in the United ters have been declared in almost every members of the 116th. At that hearing States. In 2004 and 2005, we witnessed a State. As I mentioned earlier, the Fed- it was emphasized that, while legal series of powerful hurricanes that eral Government has provided and will rights to reemployment are critical, caused unthinkable human tragedy and continue to provide billions of dollars they do little good for those who have property loss. Hurricanes Katrina and and resources to pay for these cata- no employer, or no small business, to Rita alone caused over $200 billion in strophic losses, at huge costs to all return to. I resolved then to find some total economic losses, including in- American taxpayers. way to assist small businesses to cope sured and uninsured losses. Congress has struggled with these with the financial hardships of fre- Recently in my own home State of issues for decades. Although we have quent and lengthy mobilizations of its Florida, eight catastrophic storms in 15 talked about these issues time and employees or owners during the war on months caused more than $31 billion in again, nothing much has gotten accom- terrorism. I believe S. 3122 will provide insured damages. Now Florida is wit- plished. The most notable step Con- some of that needed assistance. nessing skyrocketing insurance rates, gress did take was to create the Na- The legislation would enhance the insurance companies are canceling tional Flood Insurance Program. But U.S. Small Business Administration’s hundreds of thousands of policies, and Congress needs to do much more. It is Military Reservist Economic Injury Florida’s State catastrophe fund is de- time for a comprehensive approach to Disaster Loan, or ‘‘MREIDL,’’ Pro- pleted. solving our Nation’s property and cas- gram. That program provides loan as- In short, the inability of our private ualty insurance issues. sistance to small businesses to help markets to fully handle the fallout These matters are usually within the them meet ordinary and necessary op- from natural disasters has made our purview of the States, and I cannot undersate the importance of State- erating expenses after essential em- Nation’s property and casualty insur- based solutions to these insurance ployees are called to active duty in ance marketplace unstable. This mar- issues. Nonetheless, the Federal Gov- their roles as citizen soldiers. ket instability repeatedly has forced S. 3122 would raise the maximum the Federal Government to absorb bil- ernment also has a critical interest in military reservist loan amount from lions of dollars in uninsured losses. ensuring appropriate and fiscally re- $1.5 million to $2 million. It would also This is a waste of taxpayer money, es- sponsible risk management of catastrophes. allow the Small Business Administra- pecially when we know there are ways For example, mortgages require reli- tion’s administrator, by direct loan or to design the system to anticipate and able property insurance, and the un- plan for the financial impacts of catas- through banks, to offer unsecure loans availability of reliable property insur- of up to $25,000, an increase from the trophes. As insurance companies struggle to ance would make most real estate current $5,000 loan limit: So that there transactions impossible. Moreover, the maintain their businesses, costs are are no processing delays, S. 3122 would public health, safety, and welfare de- passed on to homeowners and small require the SBA administrator to give mand that structures damaged or de- businesses in Florida and in other these loan applications priority, and stroyed in catastrophes be recon- States. In essence, the people who can would require that loan applicants be structed as soon as possible. adequately assisted during the applica- least afford it are being forced to bear Therefore, the inability of the pri- tion process by utilizing existing sup- the disproportionate share of the bil- vate sector insurance and reinsurance port networks, such as Small Business lions of dollars of losses caused by nat- markets to maintain sufficient capac- Development Centers. ural catastrophes. ity to enable Americans to obtain prop- Finally, S. 3122 would ensure Many Floridians have seen their in- erty insurance coverage in the private proactive outreach about the MREIDL surance bills double in the last few sector endangers the national economy Program for Guard and Reserve mem- years. As I travel around Florida, I and our public health, safety, and wel- bers by requiring SBA and the Depart- hear repeatedly from my constituents fare. ment of Defense to develop a joint Web that they may soon be unable to afford In order to help protect consumers site and printed materials with infor- property and casualty insurance. That and small businesses, today I am intro- mation about the program, and it is a frightening proposition for people ducing four bills as part of a com- would require a joint SBA and DD fea- living in a State where increasingly vi- prehensive approach to fixing our trou- sibility study on other methods of pos- cious hurricane seasons are predicted. I bled insurance system. Let me summa- sible assistance. am sure we all agree—consumers never rize each of the four bills and tell you Just as the Guard and Reserve are should be put in the untenable position how this integrated approach makes serving us now, we must do what we of having to choose between purchasing good policy sense. can to ensure that their sacrifices do insurance and purchasing other neces- The first piece of legislation I am in- not place them in financial harm’s way sities. troducing today is the Homeowners on their return home. I strongly urge While our Nation’s property and cas- Protection Act of 2006, S3117. This bill my colleagues to support this measure, ualty insurance system is not yet com- is a companion bill to a bipartisan and I, again, thank Senator SNOWE for pletely broken, it is clear that Con- piece of legislation introduced by Flor- her leadership in introducing it. gress needs to act now to shore up the ida Representatives BROWN-WAITE, f system. Private sector insurance is HASTINGS, and others. currently available to spread some ca- This bill would establish a fund with- CATASTROPHE INSURANCE tastrophe-related losses throughout in the U.S. Department of Treasury, Mr. NELSON of Florida. Mr. Presi- the Nation and internationally, but which would sell Federal catastrophe dent, yesterday, I introduced four bills, most experts believe that there will be insurance to State catastrophe funds, 3114, 3115, 3116, and 3117 that are aimed significant insurance and reinsurance like the fund I helped to set up in Flor- at providing a comprehensive solution shortages. These shortages could result ida. State catastrophe funds essen- to strengthen our Nation’s property in future dramatic rate increases for tially act as reinsurance mechanisms and casualty insurance market. With- consumers and businesses and the un- for insurance companies who lack re- out serious reform, the Federal Gov- availability of catastrophe insurance. sources to compensate homeowners for ernment will be forced to continue to Let me be clear: these issues will not their losses. spend billions of dollars of taxpayer just affect Florida or the coastal Under this bill, State catastrophe money to cover the costs of natural States. Natural catastrophes can strike funds would be eligible to purchase re- disasters in the United States. Worse, anywhere in our country. For example, insurance from the Federal fund at without Federal action, property insur- a major earthquake fault line runs sound rates. However, a State catas- ance soon will become more expensive through several of our Midwestern trophe fund would be prohibited from

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.050 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5333 gaining access to the Federal fund thousands of dollars each year when 1990s. After Hurricane Andrew dev- until private insurance companies and the consumer could deposit the same astated South Florida in 1992, I created the State catastrophe fund met their amount of money annually in a tax- a nonpartisan commission comprised of financial obligations. free, interest-bearing savings account university presidents. Why is this good for homeowners? controlled by the consumer? I asked the Florida commission to Because this backup mechanism will The third bill I am introducing today study the problems with the property improve the solvency and capacity of is the Policyholder Disaster Protection and casualty insurance market and homeowners insurance markets, which Act of 2006, S. 3116. This bill was intro- recommend what legislative reforms will reduce the chance that consumers duced in the House of Representatives were necessary to restore health to will lose their insurance coverage or be by MARK FOLEY and has eight cospon- Florida’s system. Within months, the hit by huge premium increases. sors. commission acted—breaking through Importantly, the Homeowners Insur- Under this bill, insurance companies the deep political logjam and inertia— ance Protection Act of 2006 also recog- would be permitted to accumulate tax- to recommend the legislative reforms nizes that part of the problem with our deferred catastrophic reserves, much that ultimately became State law. broken property and casualty insur- the way that homeowners would be That model worked then, and I think ance system lies with outdated build- permitted under the bill I just dis- it can work now on a Federal level. ing codes and mitigation techniques. cussed. Depending on their size, insur- Without the work of an expert, neutral Noted insurance experts and consumer ance companies could save up to a cer- commission to help guide us in these groups have been pointing out this tain capped amount, which would grow incredibly complex matters, I fear that problem for many years. So, under the over time. Congress will never find the consensus bill, the Secretary of the Treasury Our current Federal Tax Code actu- necessary to reform the system and would establish an expert commission ally provides a disincentive for insur- bring stability. to assist States in developing mitiga- ance companies to accumulate reserve Let me emphasize again what we tion, prevention, recovery, and rebuild- funds for catastrophes. Under the cur- need to accomplish to reform our curing programs that would reduce the rent system, insurance companies can rent insurance system and to effec- types of enormous damage we have only reserve against losses that al- tively plan for catastrophic losses. seen caused by recent hurricanes. ready have occurred, instead of future We need a comprehensive approach I note that this bill covers not just losses. The United States is the only that will make sure the United States hurricanes, but catastrophes such as industrialized nation that actually is truly prepared for the financial fall- earthquakes, cyclones, tornados, cata- taxes reserves in this way. It is time out from natural disasters. We need a strophic winter storms, and volcanic for reform, so that consumers are bet- property and casualty insurance sys- eruptions. These are disasters that ter protected. tem that is not forced to spend valu- can—and do—occur in many different Make no mistake though—this bill is able taxpayer dollars after a catas- States. Again, every State and every not a giveaway to the insurance com- trophe strikes. We need a system that taxpayer is affected by this problem, panies. Instead, the Policy Disaster protects consumers and small busi- not just Florida. Protection Act of 2006 would strictly nesses from losing their insurance poli- This bill has widespread support from regulate when and how insurance com- cies or being forced to pay exorbitant a broad range of stakeholders, includ- panies could access their reserves, to insurance rates. We need ways to ening ProtectingAmerica.org, a national make sure the money is used only for courage responsible construction and coalition of first responders, busi- its intended purposes. mitigation techniques. And we need a nesses, and emergency managers. This If implemented correctly, this bill system that helps insurance companies organization is cochaired by former could result in approximately $15 bil- use their resources in cost-effective FEMA Director James Lee Witt, one of lion worth of reserves being saved up ways so that they will not go insolvent the most respected names in disaster by insurance companies, which later after major disasters. prevention and preparedness. could be spent to pay for policyholder Our American economy depends on a The second bill I am introducing claims and to keep insurance policies healthy property and casualty insur- today is the Catastrophe Savings Ac- available and affordable. Consumers ance system. By enacting meaningful counts Act of 2006, S. 3115. The com- could feel more protected knowing that reforms, we can ensure that our econ- panion bill was introduced in the House their insurance company would have omy remains protected and remains of Representatives by a bipartisan the money saved to help them out after the most resilient economy in the group of Members including TOM a major disaster. Moreover, this ap- world. I know this complicated process FEENEY and DEBBIE WASSERMAN proach should help make the insurance won’t be easy for us—but let’s roll up SCHULTZ. market more stable and less prone to our shirtsleeves and get it done. This bill proposes changing the Fed- insurers going bankrupt. I request that the four bills I dis- eral Tax Code to allow homeowners to Finally, the fourth bill, S. 3114, that cussed—S. 3114, S. 3115, S. 3116, and S. put money aside—on a tax-free basis— I am introducing as part of my com- 3117—be printed in the CONGRESSIONAL to grow over time. If and when a catas- prehensive reform package is the Com- RECORD. trophe hits, a homeowner could take mission on Catastrophic Disaster Risk f the accumulated savings out of the ac- and Insurance Act of 2006. count to cover uninsured losses, de- Under this bill, Congress would cre- PASSAGE OF S. 2611 ductible expenses, and building up- ate a Federal commission—made up of Mr. FEINGOLD. Mr. President, this grades to mitigate damage that could a cross-section of the best experts in was a truly historic week for the Sen- be caused in future disasters. Home- the Nation—to quickly recommend to ate. With passage of the Comprehensive owners could even reduce their insur- Congress the best approach to address- Immigration Reform Act of 2006, S. ance premiums because their tax-free ing catastrophic risk insurance. The 2611, we have succeeded in maintaining savings would allow them to choose experts on the commission would be re- several key components of the bill that higher deductibles. quired to analyze the three bills that I passed out of the Judiciary Committee The benefits of this approach are am introducing today, along with other 2 months ago—components that I be- pretty straightforward and very con- potential approaches to reforming our lieve are crucial to fixing our broken sumer friendly. Homeowners would be insurance system. immigration system. encouraged to plan in advance for fu- Creating a Federal commission is not For starters, supporters of com- ture disasters, and they wouldn’t be always the best answer, especially if it prehensive reform in the Senate banded taxed to do it. Moreover, homeowners can slow down reform efforts. But in together to defeat efforts to remove or wouldn’t be as dependent on insurance this case, the opposite would occur. I further weaken provisions in this bill companies to help them out imme- say that with cofidence—because I am that will allow the estimated 11 million diately after a disaster. As one expert following a successful model that I to 12 million undocumented immi- has noted, why should a consumer con- used when I was insurance commis- grants currently living in the United tinue to give insurance companies sioner for the State of Florida in the States to earn legal status. As both the

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.043 S26MYPT1 ycherry on PROD1PC64 with SENATE S5334 CONGRESSIONAL RECORD — SENATE May 26, 2006 President and the Secretary of Home- mented immigrants who pass back- fan the flames of tension over the issue land Security have said, mass deporta- ground checks to earn legal status. of immigration, we should be providing tion is not a realistic option. Neither is This reform of our immigration system recent immigrants with more opportu- amnesty. This legislation would re- is important to our national security nities to learn English. I also am con- quire those who are here illegally to because it will enable our border cerned that this amendment’s language come forward, pay hefty fines, pay agents to focus their efforts on terror- could limit the ability of the Federal taxes, learn English and civics, work, ists and others who pose a serious Government to communicate with its and wait in the back of the line—before threat to Nation. citizens, which could have potentially earning the privilege of permanent The bill contains other important devastating consequences in situations resident status and ultimately a path proposals, such as the DREAM Act, like national emergencies. That is why to citizenship if they choose to pursue which provides higher education oppor- I supported an alternative amendment it. These core provisions remain in the tunities for children who are long-term proposed by Senator SALAZAR, which bill, and that is critical. U.S. residents and came to this coun- simply recognized English as the ‘‘com- However, I am disappointed in the try illegally through no fault of their mon and unifying’’ language of the changes to the legalization process own; and the AgJOBS bill to help agri- United States. that were made as part of the Hagel- cultural workers; and family reunifica- Martinez compromise when the bill was tion. These provisions may not have I continue to have serious concerns first taken up on the Senate floor in been subject to as much debate as about some provisions in title II of the April. The compromise would treat dif- other elements of the bill, but they are bill. Despite improvements that were ferently those people who have been just as important. made in the Judiciary Committee, title here for more than 5 years and those The amendment process also brought II still contains provisions that are who entered the country illegally in improvements to title III of the bill, both ill-advised and unnecessary. Title the last 2 to 5 years. This approach is which creates a new mandatory, na- II contains measures that require ex- overly complicated and difficult to ad- tionwide electronic employment cessive deference to executive agency minister, and it is unfair to treat these verification system. If not imple- decisionmaking in a variety of immi- two categories of people differently. mented correctly, such a system could gration contexts; that expand the cat- During floor consideration, I voted to result in countless U.S. citizens and egories of individuals subject to the remove these arbitrary distinctions other work-authorized individuals most draconian immigration con- from the bill. Unfortunately, that vote being denied work as a result of errors sequences and apply some of these failed, and I believe we must accept or discrimination, a result that none of changes retroactively; and that require this compromise as the only way to us want. The new version of title III that civil immigration violators be put move forward with comprehensive im- contains important privacy, due proc- in the central criminal database used migration reform this year. ess, and labor protections to ensure by local, State and Federal agencies I am pleased that efforts to gut the that implementation of this system is around the country. Eroding due proc- guest worker program were not suc- as fair and accurate as possible. That ess rights for people in this country cessful and that the Senate added addi- said, this system is a dramatic expan- will not make us safer, nor is it in tional measures to strengthen labor sion of an existing pilot program that keeping with our Nation’s values of protections for U.S. workers. We need a has faced a variety of serious problems, fairness and justice. It will be impor- guest worker program that allows em- and I have concerns about expanding it tant that we work to improve some of ployers to turn to foreign labor as a to a nationwide mandatory scheme. Its these provisions in the conference proc- last resort when they genuinely cannot implementation will require robust ess. find American workers to do the job. congressional oversight to ensure that I was very pleased, however, that the But it is important that any guest citizens and work-authorized immi- Senate voted in favor of an amendment worker program contain strong labor grants are not turned down for jobs be- that I offered on the floor to strike a protections, as the program outlined in cause of mistaken results. provision in title II that could have the legislation does. These protections Although the border security meas- had devastating consequences for asy- will help ensure that the program does ures and the core reforms to our immi- lum seekers. The provision would have not adversely affect wages and working gration system that are in this bill are made it harder for asylum seekers, vic- conditions for U.S. workers, and that very important, I do have concerns tims of trafficking, and other immi- we do not create a second-class of about some aspects of this bill, includ- grants to get a temporary stay of re- workers, who are subject to lower ing some changes that were made to moval while they pursue their appeal wages and fewer workplace protections. this bill during the amendment process than it would be to win on the merits. Furthermore, by permitting these on the Senate floor. This absurd result has been rejected by workers to enter the country legally, One successful floor amendment seven courts of appeals, and the Senate we can try to avoid a future flow of un- would require the Government to build is now on record as well. Although documented workers who would other- 370 miles of fence along the southern there are many other problems with wise create a new underground econ- border. Every Member of this body rec- title II of the bill, this was a signifi- omy. ognizes that border security is critical cant improvement and reinstates a New border security measures are, of to our Nation’s security, but I opposed critical due process protection. course, an absolutely critical element the border fencing amendment because of any immigration reform bill. This I cannot justify pouring Federal dollars An amendment offered by Senator bill contains important provisions to into efforts that have questionable ef- ENSIGN relating to Social Security ben- increase and improve the personnel, fectiveness. Border fencing costs be- efits, which was tabled, has been the equipment, infrastructure, and other tween $1 million and $3 million per subject of a great deal of misinforma- resources our country needs to protect mile. And yet we will be committing tion. Under current law, undocumented the border, and I strongly support vast resources to an initiative that I immigrants are not entitled to Social those measures. But border security have serious doubts will even work. Security benefits, and there is nothing alone is not enough. According to a re- While fencing can be effective in urban in the underlying bill that would cent Cato Institute report, the prob- areas, adding hundreds of miles of fenc- change this. Under the Ensign Social ability of catching an illegal immi- ing in rural sections of the border will Security amendment, immigrants who grant has fallen over the past two dec- not stem the flow of people who are paid into Social Security and later ades from 33 percent to 5 percent, de- willing to risk their lives to come to earned legal status would have been spite the fact that we have tripled the this country. prevented from having their earnings number of border agents and increased I was also disappointed that the Sen- that they already paid into the system the enforcement budget tenfold. We ate approved the amendment making count toward their retirement benefits. also must create realistic legal chan- English the national language of the The amendment, which I opposed, nels for immigrants to come to the United States. Instead of considering would have limited the Social Security United State and that allow undocu- divisive English-only amendments that benefits only of U.S. citizens and those

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.046 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5335 in the country legally. This amend- ing for college manageable for many proposal to instead provide tax cuts for ment would have harmed elderly or dis- families who also struggle to save for this country’s most fortunate few. This abled individuals who would be impov- their own retirement and may live lack of regard for the historic obliga- erished despite having paid into the So- from paycheck to paycheck. Federal tions of the Federal Government to cial Security system for many years programs can defray some of the costs, rural counties severs a vitally impor- and would deny innocent American but this alone cannot pay the bills. Tax tant funding lifeline to communities children who are born to these workers relief passed in 2001 permitted States throughout the country. survivor benefits, regardless of how to implement their own plans, creating I will hold this nominee—and many long their mother or father worked and a tax benefit for those families who nominees coming after him, if need paid taxes in the United States. In ad- chose to invest in them. Since 1998, be—until the administration finds an dition, the Ensign amendment would 12,539 qualified tuition program ac- acceptable way to fund county pay- have forced taxpayers to pay more for counts total more than $146 million in ments. the means-tested welfare programs to Montana alone. f which these impoverished individuals Without congressional action, the DO THE WRITE THING CHALLENGE would have had to turn. For these rea- tax benefits of these plans will expire 2006 sons, I opposed the Ensign amendment, in 2010. Withdrawals made after 2010 and I am pleased that the majority of will be subjected to taxation that Mr. LEVIN. Mr. President, the Do the my colleagues did as well. means in just a little over 3 years from Write Thing Challenge, or DtWT, is a Mr. President, the end result of sev- now, parents who invested in these 529 national program that gives middle eral weeks of hard work is bipartisan, plans for the tax benefits will face an school students the opportunity to re- compromise legislation that will bring unanticipated tax liability. This sunset flect on and express themselves about meaningful reforms to a system that provision casts serious doubt on the youth violence in their communities. has long been broken. The bill is far likelihood a family would set up a 529 DtWT combines classroom discussion from perfect, but on balance, I believe plan given such uncertainty. S. 1112 with a writing contest that focuses on it is a victory for supporters of com- would make the tax provisions of these personal responsibility in solving prehensive reform. But as the saying important plans permanent, providing youth violence problems. Since it was goes, it ain’t over ’til it’s over. In order much-needed certainty to parents and created in 1994, more than 350,000 mid- for this legislation to become law, we their children heading off to college in dle school students have participated need our colleagues in the House to the future. in DtWT activities, and the program work with the Senate during the con- f has grown to include participants from ference committee process and to 28 different jurisdictions, including De- HOLD ON NOMINATION OF DAVID adopt a comprehensive approach to troit, MI. BERNHARDT this issue. And we need the President, In 2005, more than 32,000 students who has come out in favor of com- Mr. WYDEN. Mr. President, I rise participated in the DtWT writing con- prehensive reform, to stay invested in today to attempt, once again, to raise test. To participate, students are asked this process. He has spoken, but now he awareness of the plight of countless to write an essay, poem, play, or song must act. We will need his help in con- rural communities due to the impend- that addresses the impact of violence vincing members of the House to aban- ing expiration of the Secure Rural on their life, the causes of youth vio- don ill-conceived notions like criminal- Schools and County Self-Determina- lence, and the things that they can do izing undocumented people and those tion Act. I regret that the lack of con- to prevent youth violence around who provide humanitarian support to cern at the White House and the iner- them. As part of their participation in them, and chiseling away at due proc- tia in Congress forces me to put a hold the contest, students are also asked to ess rights. The President’s leadership, on David Bernhardt, the administra- make a personal commitment that and the willingness of House leaders to tion’s nominee for Interior Solicitor. It they will put their thoughts into ac- work with the Senate, will be crucial is time for everyone to focus their at- tion by working to help stop youth vio- in order to retain the important reform tention on the needs of the more than lence in their daily lives. provisions contained in this bill during 700 rural counties in over 40 States that Each year, a DtWT Committee made the conference process. are depending on the reauthorization of up of community, business, and govern- This is a defining moment for Amer- this county payments legislation. mental leaders from each participating ica, and I am hopeful that the Senate, Thus far, the administration’s solu- jurisdiction reviews the writing sub- the House, and the President will work tion to funding county payments is un- missions of the students and picks two together so that we can build on this acceptable. The county payments law, national finalists, one boy and one girl, success and enact a comprehensive re- which provides a stable revenue source from their area. I am pleased to recog- form bill by the end of this Congress. for education, roads, and other county nize this year’s national finalists from services in rural areas, is due to expire f Detroit, Demetrius Adams and Tiffini at the end of this year. In early 2005, I Baldwin, for their outstanding work COSPONSORSHIP OF S. 1112 coauthored a bipartisan bill, S. 267, to and dedication to the prevention of Mr. BURNS. Mr. President, I would reauthorize county payments for an- youth violence. like to lend my support to S. 1112, the other 7 years. The bill has 26 Senate co- Both Demetrius and Tiffini wrote College 529 InvEST Act of 2005, which I sponsors. In February, the administra- about the serious effect that guns, cosponsored today. A college education tion proposed reauthorizing the law for gangs, and drugs can have on the lives is more important today then it has only 5 years while cutting funding by of teenagers. Their writings dem- ever been before. As the intrinsic value 60 percent and funding that reduced onstrate a deep understanding of the of a college education has increased, so portion with a controversial Federal impact that a single act of violence can too has the financial costs associated land sale scheme. In response, Senator have on an entire community. I am im- with it. In the last 10 years, the cost of BAUCUS proposed a sensible, alternative pressed by the maturity they have a 4-year college education at a public funding source for county payments, a shown in their work and congratulate institution increased 59 percent, while proposal which I was pleased to cospon- them on being selected as national fi- in public institutions it has grown by sor. Our legislation fully funds county nalists. 42 percent. This increased cost dra- payments by ensuring that a portion of In July, Demetrius and Tiffini will matically outpaces average family in- Federal taxes are withheld from pay- join the other DtWT national finalists come growth during the same time pe- ments by the Federal Government to in Washington, DC, for National Rec- riod. government contractors. The Federal ognition Week. During the week’s ac- It is not surprising that Montanans Government currently does not with- tivities, the national finalists will at- have expressed concerns about how hold taxes when it pays government tend a recognition ceremony and have they will pay such a hefty pricetag for contractors. Recently, however, over their work permanently placed in the their children’s futures. It is our re- my objections, Congress approved a Library of Congress. In addition, they sponsibility in the Senate to make sav- major tax bill that uses the Baucus will have the opportunity to share

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.049 S26MYPT1 ycherry on PROD1PC64 with SENATE S5336 CONGRESSIONAL RECORD — SENATE May 26, 2006 their thoughts on youth violence with Mr. President, Vermonters were for- Bill Coffin was an accomplished, amazing Members of Congress and other policy- tunate to have Bill Coffin as a resident and fascinating man, and many Upper Valley makers. In the past, students have had of our unique State. Vermonters have a residents feel blessed not just to have bene- the opportunity to meet with the Sec- long history of independent thought, of fited from his wisdom but for the opportunity of seeing him in action. retary of Education, the Attorney Gen- standing up for what is right, and Bill eral, and other representatives from Coffin set a standard for all of us. I was [From Yale Daily News, Apr. 14, 2006] the Department of Justice. privileged to know him personally and COFFIN’S PASSION TOPPED IDEOLOGY I know my colleagues join me in cele- to be able to call him a friend. I know (By William F. Buckley, Jr.) brating the work of all of the DtWT his other friends and neighbors felt the participants from around the country. It was the routine, when Charles Seymour same way. We were all made better, was president of Yale, that the chairman (as I would also like to thank the DtWT and felt better about ourselves, when we were then designated) of the News should organizers for their commitment to en- we were in the company of Bill Coffin. visit with President Seymour for a half hour gaging with and educating children I ask unanimous consent that a col- every week, mutual conduits for information about nonviolence. Their important ef- umn by William F. Buckley and an edi- in both directions. We became friends and he forts help to increase awareness of the torial in the Valley News be printed in told me at one meeting with some enthu- issue and facilitate the development of the CONGRESSIONAL RECORD so that siasm that the student speaker at the annual local solutions to the youth violence other Senators may have a further ap- Alumni Day lunch at the Freshman Com- problem in our Nation. mons the day before ‘‘gave the single most preciation of this great and good man. eloquent talk I have ever heard from an un- While it is important that we recog- There being no objection, the mate- nize the hard work of the DtWT par- dergraduate.’’ I thought hard about that rial was ordered to be printed in the comment one year later when I was selected ticipants and organizers, it is also im- RECORD, as follows: to give the annual talk to the alumni, which portant that we support their efforts [From the Valley News, April 14, 2006] speech moved nobody at all because the day through our actions in the Senate. I WILLIAM S. COFFIN before, the text having been examined by urge my colleagues to join me in sup- The Upper Valley has its share of accom- public relations director Richard Lee, I was porting legislation that would help pre- plished and prominent residents, but we can asked to be so kind as to withdraw; and I did. vent youth violence by increasing the think of few whose presence seemed such a (What I did with the speech was stick it into number of police officers on our gift as did that of The Rev. William Sloane the appendix of ‘‘God and Man at Yale’’). streets, by increasing resources for Coffin, who lived here full time from the late I didn’t meet William Sloane Coffin ’49 DIV 1980s until his death Wednesday at his home ’56 until some while later, when of course I school and community violence preven- congratulated him on electing the correct tion programs, and by making it more in Strafford. The Upper Valley phase of Coffin’s life political extremity in the controversies of difficult for children and criminals to showcased the same devotion to social jus- the day. He was never slow to catch an irony, acquire dangerous firearms. tice as his earlier chapters as pastor of Riv- and his wink brought on a trans-ideological f erside Church in New York City and chaplain friendship that induced great pleasure. The friendship was publicly confirmed by REVEREND WILLIAM SLOANE of Yale University. His focus shifted somewhat—the Vietnam War and black Ameri- Coffin with an extraordinary gesture. Garry COFFIN cans’ civil rights while he worked in New Trudeau ’70 ART ’73 was lining up speakers Mr. LEAHY. Mr. President, I rise Haven, Conn., and New York City; nuclear for an event celebrating the reunion of his today to remember my friend Rev. Wil- disarmament, gay Americans’ civil rights class. His reunion coincided with a reunion and the environment while in Vermont—but of my own class, and he came to me and liam Sloane Coffin who passed away in asked if I would consent to debate with Bill Vermont on April 12, 2006, at his home the larger theme remained constant. He was committed to speaking truth to power, and Coffin as I had done for Trudeau’s class in in Strafford. freshman year. Bill Coffin was an extraordinary man he did that by talking about the issues of the day with striking clarity and wisdom. Well, I said, okay, though I knew that who leaves behind a legacy of inspired One of the last op-eds he wrote for the Val- Charles Seymour’s estimate of successful service for social justice that few ley News appeared just a few weeks after the speakers would certainly prevail yet again. Americans have matched. He dedicated Sept. 11 attacks, and reviewing it now, more But there was a remarkable feature of that his life to speaking out on behalf of than four years later, makes us wish it had afternoon. I climbed the steps at the Yale those who would otherwise be forgot- had more of an impact in guiding this na- Law School Auditorium to extend a hand to ten, to improving the lives of the un- tion’s leaders about the topic at hand—how Bill Coffin—who brushed it aside and embraced me with both arms. This was a dra- derprivileged, and to calling for justice to best respond to terrorism. ‘‘What Americans do realize now,’’ Coffin matic act. It was testimony not only to Cof- for victims of discrimination in our so- wrote, ‘‘is that life can change on a dime. On fin’s wide Christian gateway to the unfaith- ciety. Sept. 11, we lost, and lost forever, our sense ful, but also to his extraordinary histrionic As chaplain of Yale University, Bill of invulnerability and invincibility. Hard as skills. I’d have lost the argument anyway. I used that pulpit like none before him, that may be, let us not grieve their passing; have defended my political faith as often as to serve not only the Yale community they were illusions. Coffin did his own, but you cannot, in the but to inspire the entire Nation. While ‘‘Today it is the Devil’s strategy to per- end, win an argument against someone who many Senators may remember him suade Americans to let go of the good to is offering free health care and an end to nu- best for his moral leadership and cou- fight evil. I hope we will resist. I hope that clear bombs. But there was never any hope for survival after his public embrace. rageous activism during the Vietnam first we will present to the world conclusive evidence of whom these hijackers were, from We were always, however lightly, in touch. War, Bill also established himself as a whence they came, and who knowingly har- ‘‘Sweet William,’’ he addressed me in June dedicated leader for racial and social bored them. 2003, enclosing a copy of a speech he had de- justice. He was a member of the Free- ‘‘Then I hope we shall try to build inter- livered at Yale the week before. ‘‘The en- dom Riders who rode interstate buses national consensus for appropriate measures, closed speech to the Class of ’68, you will be in the South to challenge segregation both to halt the violence and the cir- sorry to hear, was received with tumultuous laws. He was a visionary and powerful cumstances that gave rise to it.’’ applause. Don’t worry, however, you, alas, leader in pointing out the hypocrisy of Here in the Upper Valley, though, we had represent the ruling view. I hope you feel the opportunity not only to appreciate the religious and sexual discrimination with Saint Paul, ‘Though our outer nature is power of Coffin’s message but also to witness wasted away our inner nature is being re- Mr. Gary Trudeau, creator of the car- the force of his personality. Whether at a newed each day.’ Affectionately as always, toon ‘‘Doonesbury’’ and fellow Yale dining room table, behind a church pulpit, at Bill.’’ graduate, may have immortalized Bill a piano or on a stage at a political rally, Cof- I replied ‘‘Wm, I am not surprised your Coffin in his Reverend Sloan character. fin commanded, enjoyed and rewarded atten- speech was greeted by tumultuous applause. But that was only one chapter of a life- tion. The message was difficult to separate That is what demagogy is designed to do, time of using his ministry to fight in- from the virtuoso performance of high-spir- dear William.’’ He replied some months justice. After his long service at Yale, itedness, humor and insight. Not even a fail- later, enclosing a copy of a page from the Bill became pastor of Riverside Church ing body, including the slurred speech left in Boston Globe in which both of us were the wake of a stroke, blunted the force of his in New York City where he continued quoted. ‘‘Dear Wm, Could it be that in this personality. Strafford Selectwoman Kay time and our old age that we might be on the to advocate for the downtrodden all Campbell had it just right when she noted same page? Do let me know, affectionately, over the world. Bill continued to be a that Coffin, despite his national stature, had Bill.’’ forceful presence for good long after he a knack for ‘‘treating us like we were all spe- I replied that I had seen his new book Let- left Riverside. cial.’’ ters to a Young Doubter. ‘‘... I think of you

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.028 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5337 often, and did so most directly when I pub- Allows the Attorney General to dele- sands of warrant requests, and has lished, a fortnight ago, the obituary I did on gate his authority to approve applica- never had a significant leak. After the William F. Rickenbacker. He is the only tions going to the FISA Court to two PATRIOT Act was passed in October other fleeted spirit I ever addressed as Dear Wm, which he always reciprocated with let- other Senate-confirmed Justice De- 2001, for example, the Justice Depart- ters address to me as Dear Wm—both of us partment officials; ment stated that FISA has worked effi- signing off as . . . Wm. As I am now, anxious Takes FISA’s current allowance for ciently and well. to get a note off to you, especially since you 15 days of warrantless electronic sur- In the past 28 years, technology has have taken to writing books again, instead veillance following a declaration of war changed, as have our enemies. And of reproachful letters to, your pal—‘Wm.’’’ and extend it to the 15 days: from time to time, when requested by Our disagreements were heated, and it is 1. Following a Congressional author- various administrations, we have made through the exercise of much restraint that ization to use military force, or technical changes to FISA. I forebear doing more than merely to record 2. A major terrorist attack against that they were heated; on my way, heatedly, But the need to protect privacy to record that Bill Coffin was a bird of para- our nation for the same period of time. rights by requiring individual warrants dise, and to extend my sympathy to all who, Authorizes additional personnel at from a FISA judge, and the exclusivity however thoughtlessly, lament his failure to the NSA, the FBI, the Department of of FISA, have remained constant. bring the world around to his views. Justice, and the FISA Court, to reduce The domestic electronic surveillance Mrs. FEINSTEIN. Mr. President. I the time it takes to initiate, review, that has been conducted since October am pleased today to introduce legisla- and file a FISA application. 2001 operates, for the most part, out- tion with Senator SPECTER to reaffirm Allows for additional judges to the side of the law. In addition, the way the exclusivity of the Foreign Surveil- FISA Court as needed to manage the the administration has moved forward lance Intelligence Act of 1978, FISA, caseload; with this program has brought us to and streamline the process by which it Facilitates a review of the FISA ap- the brink of a constitutional con- works. plication process, culminating in a re- frontation. This measure brings the so-called port designed to eliminate any unnec- The legislation that Senator SPECTER Terrorist Surveillance Program being essary delay in the filings; and and I are introducing today brings the conducted by the National Security Mandates the creation of a secure, surveillance program under appro- Agency under the process required by classified document management sys- priate supervision and restores the FISA. The bill will enhance our na- tem to facilitate electronic filing. checks and balances between the In addition to reaffirming FISA’s ex- tional security and provide constitu- branches of government. clusivity, as I mentioned before, the tional protections against government As one who has been briefed on the legislation: intrusion into the privacy of ordinary details of the NSA surveillance pro- Americans. Prohibits the use of Federal funds for any future electronic surveillance of gram, I have come to believe that this Specifically, the bill that we intro- surveillance can be done, without sac- duce today would: U.S. Persons that does not fully comply with the law; and rifice to our national security, through Restate, in no uncertain terms, that court-issued individualized warrants FISA is the exclusive means by which Requires that the full Intelligence Committees be briefed on all electronic for all content collection of U.S. per- our Government can conduct electronic sons under the FISA process. surveillance of U.S. persons on U.S. surveillance, and related, programs. We are in a war against terrorists, Further, testimony and letters from soil for foreign intelligence purposes; the Attorney General, former Director Expressly state that there is no such who seek to attack us in unpredictable of the NSA General Hayden, and other thing as an ‘‘implied’’ repeal of our and asymmetric ways. administration officials have provided FISA laws. No future bill can be inter- Intelligence is the key to our defense; no reason, other than that of timeli- preted as authorizing an exception we must know about the terrorists’ in- ness, why the NSA program couldn’t from FISA unless it expressly makes tentions and capabilities to do us harm proceed under the FISA regime. such exception; if we are to stop them. Increase flexibility under FISA by Electronic surveillance, including This legislation would help transform extending the period of emergency surveillance conducted within the the FISA process into one agile enough electronic surveillance from 72 hours to United States on U.S. persons, is part to meet the administration’s need for 7 days, which should cover all contin- of our defense. The men and women at timely action, while also preserving ju- gent needs; and the NSA and the FBI who do this work dicial oversight and our important con- Authorize designated supervisors at are careful, dedicated officials. stitutional privacy protections. the NSA and the FBI to initiate emer- But even in this war on terror, we In an April 6 hearing before the gency electronic surveillance, provided should not sacrifice basic protections House Judiciary Committee, Attorney that the surveillance is reported to the enshrined in the Constitution, includ- General Gonzales openly suggested Attorney General within 24 hours, and ing the fourth amendment protections that warrants might have been obtain- approved by the AG within 3 days and against unreasonable search and sei- able for everything that the NSA is the FISA Court within 7 days. The pur- zures. doing, and then testified that the main pose of this is to prevent bureaucratic The FISA Court was created in 1978, ‘‘problem’’ he saw with FISA was one delay in an emergency circumstance. following the Church Committee’s in- of ‘‘timing.’’ In addition to these major provisions, vestigation of some of our Govern- After the Attorney General’s testi- the legislation we introduce today ment’s worst civil rights violations—J. mony, I wrote to him asking him why makes several additional changes to Edgar Hoover’s spying on Martin Lu- these timing problems could not be ad- reinforce FISA’s exclusivity and adapt ther King, Jr., and Vietnam-era ‘‘en- dressed directly, so that we could re- existing FISA authorities and proce- emies lists,’’ for example. These abuses turn to the FISA process followed by dures. were the result of domestic spying— all Presidents since Jimmy Carter. These changes are designed to allow electronic surveillance—under the The Justice Department’s response applications to move faster from the guise of foreign intelligence. does not provide a reason why FISA’s field to the FISA Court, and to allow In response, Congress, working with timing problems are incapable of being that Court to handle any increased both the Ford and Carter administra- fixed. All it demonstrates is that this caseload that will result from bringing tions, drafted and later enacted FISA administration is not interested in try- the current NSA program into the in 1978 to be the exclusive means to ing to fix them. FISA regime. conduct electronic surveillance of U.S. This bill addresses all of the concerns These additional authorities, stream- persons. It created a special court—op- noted in the Attorney General’s letter. lined procedures, and additional re- erating in secret—that has to approve The primary concern raised was that sources respond directly to needs de- a warrant for every domestic wiretap, current law requires the Attorney Gen- scribed by the Attorney General, cur- and provides for careful congressional eral to determine that FISA’s factual rent and former FISA Court judges, oversight. predicates have been met before au- and outside experts. Specifically, the Over the years, this FISA court has thorizing the surveillance to begin. In bill: rejected only a small handful of thou- other words, he suggests that there is

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.051 S26MYPT1 ycherry on PROD1PC64 with SENATE S5338 CONGRESSIONAL RECORD — SENATE May 26, 2006 important surveillance he might delay, order the surveillance, regardless of that does not include content. It is my or even avoid, if he must determine in statutory prohibitions. This is a ques- strong belief that any and all metadata advance that a court will grant ap- tion for the courts to decide. collection programs should be approved proval. But this bill eliminates the re- It is highly debatable whether the by FISA on a program basis. I would quirement for Attorney General ap- President has plenary article II con- hope to add such a provision to this bill proval before surveillance begins. stitutional power, but even if he does, at a later time or to introduce a new Under this bill, if the circumstances he clearly does not have plenary au- bill to cover this subject. warrant, an Attorney General-des- thority to decide which of his powers ignated supervisor of the NSA or FBI are plenary. If he did, any Executive f can begin emergency surveillance im- Branch official could open mail, or mediately. The designated officer enter homes at any time without a ADDITIONAL STATEMENTS would have to notify the Attorney Gen- warrant in the name of national secu- eral’s office within 24 hours of starting, rity, and the doctrine of separation of and then get approval from the AG powers as we know it would end. NATIONAL MIDDLE SCHOOL within 72 hours. The Department of Secondly, the administration argues TEACHER OF THE YEAR Justice would then need to obtain an that the NSA electronic surveillance ∑ emergency warrant from the FISA program is subject to numerous re- Mr. AKAKA. Mr. President, I rise court within 7 days of the initiation of views and safeguards at both the De- today to congratulate Gregg Agena of surveillance. partment of Justice and the National Mililani Middle School for being recog- The Attorney General’s role would Security Agency, thus making outside nized as the national middle school simply be to decide whether to stop the oversight unnecessary. teacher of the year by the National As- surveillance—not authorize it on the This argument flies in the face of our sociation for Sports and Physical Edu- front end. And even on this decision to system of government. We have three cation. stop surveillance, the bill allows him separate branches of government, each Initially, Gregg was honored by being to delegate that decision to two other with checks and balances on the other named the Southwest District Middle Department of Justice officials. If the two. The framers of the Constitution School Physical Educator of the Year. Court does not issue a warrant, the in- did not vest the Executive Branch with The Southwest District of the National formation cannot be used in any legal the right to oversee itself; that is the Association for Sport and Physical proceeding. responsibility of the Congress and the Education, NASPE, is a six-State re- This provision is respectful of the ad- Courts. gion, which includes Hawaii. There ministration’s needs. The 7-day emer- We have also recently seen how this were four other finalists for the na- gency window in this bill more than arrangement of internal reviews, even tional recognition, and it is with es- doubles the existing 3-day period that if it were acceptable, simply does not teemed pride that I recognize and con- exists for emergencies now. It also ex- work. Within the Department of Jus- gratulate Gregg for receiving the na- tends substantial additional resources tice, the Office of Professional Respon- tional honor. to the Department of Justice and the sibility was recently asked to review The award, which was announced at intelligence agencies. And as I say, our the legality of the activities of those the NASPE national convention in Salt bill expressly authorizes a designated involved in the surveillance program Lake City, UT, is a recognition of out- agent to go ahead with necessary sur- outside of FISA, but we have learned standing teaching at the middle school veillance right away. level and for motivating students to The Attorney General’s letter also that OPR was denied the security clearances needed to do their work. participate in physical activity asserts that FISA is unworkable be- throughout their entire lives. As a cause prompt action increases the Finally, as I noted before, the Execu- tive Branch says that outside review former educator and principal, I know chance that the target of surveillance firsthand of the countless hours that may ultimately be notified if the FISA by the Congress and the courts would hamstring their ability to prevent ter- go into creating curricula, and it Court later turns down the warrant. makes me proud to see outstanding The risk here is no different than the rorist attacks. I do not believe that is teachers receive recognition for their risk every prior Administration has true, based on the briefings I have re- hard work. faced. And it is also infinitesimal, ceived, but even if it were, the answer Gregg, who received both his under- since only a small handful of FISA ap- is to amend FISA, not to throw it out. graduate and graduate degrees from plications—only 4 out of 18,747 from The FISA law has been changed since the University of Hawaii at Manoa, my 1979–2005, according to press reports— September 11 through the PATRIOT alma mater, has also been recognized have ever been refused by the FISA Act and the renewal of the PATRIOT as the Nike Teacher of the Year, Ha- Court. Act. It can be done again. In short, if Even in the extremely rare case of the President sees problems with an ex- waii Middle School Physical Education where a FISA Court denies an emer- isting law, the simple answer is that he Teacher of the Year, and the recipient gency warrant, and therefore directs should ask to change it—not refuse to of the Ola Pono, which is Hawaii’s notification of the target of surveil- follow the law. Drug Free Award. lance, the FISA law has a provision This war on terror will be a long war, I would also like to recognize Kay that exempts the Attorney General and it will be mostly fought in the Bicoy of Pearl City High School, who from notifying the target if he certifies shadows. was named the Southwest District that doing so would imperil national It is thus especially important that High School Physical Educator of the security. the Congress and the American people Year by NASPE. This was the first Despite the remote chances of na- be assured that we are waging that war time that a public school teacher from tional security being compromised, the in a way that upholds our principles the state of Hawaii was selected as a legislation gives the Attorney General and follows the Constitution. district award recipient, and it is with the benefit of the doubt, and provides I believe that our national security immense pride that I recognize not that if the Attorney General or his des- and core privacy interests can both be only one, but two teachers from my ignees stops the NSA or FBI surveil- protected, given the right tools and au- home State for such an accomplish- lance within 72 hours, the target of sur- thorities, if each branch of government ment. veillance will not be notified. will work together to fulfill their re- The dedication of Gregg and Kay to Beyond the Attorney’s General let- spective roles and obligations. their field and to the children of Ha- ter, the White House, the Department Congress was able to do that more waii are undeniable. I congratulate of Justice, and intelligence officials than 25 years ago when it first enacted them both not only for these out- say that court review of the surveil- FISA, and I am confident we can do it standing recognitions, but especially lance is not necessary for three rea- again today. for their dedication to educating the sons: I have been waiting for the NSA to youth from the state of Hawaii, and I First, they argue that the President submit views regarding metadata—that wish them the very best in their future has the constitutional authority to is, information about communications endeavors.∑

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.030 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5339 ALLAN W. MCWILLIAMS at the University of Washington Hos- serve as the Scientific Advisor for the ∑ Mr. ALLEN. Mr. President, I am pital in Seattle. In 1966, he began his Simons Foundation, a New York-based pleased today to recognize Mr. Allan lifelong dedication to research and edu- foundation dedicated to advancing the W. McWilliams of Berryville, VA, who cation at the NIH. Before coming to basic and clinical frontiers of autism has served on the town council for 24 Columbia, Dean Fischbach held Chair- research. manships at both Harvard University years. Mr. McWilliams served as ward There will be more time to spend and Washington University in St. representative from 1982 until 1991 and with his wife Ruth, a noted bioethicist, Louis, and was Director of the NINDS assumed his current role as the town’s their children and grandchildren at recorder in 1991. at NIH. Throughout his career, Dean their home in Wood’s Hole, and I sus- Mr. McWilliams, who is affection- Fischbach has studied the formation pect there may be a few more rounds of ately known as ‘‘Bugs,’’ has made nu- and maintenance of synapses, the junc- golf in his future. Gerry Fischbach will merous contributions as one of the tions between nerve cells and their tar- continue to do what he has devoted his town’s leaders. During his tenure on gets through which information is life to: expanding, creating, and dis- the town council, Mr. McWilliams has transferred. His work has focused on seminating knowledge of the brain and worked to promote fiscal responsi- the neuromuscular junction, where he working on developing means to treat bility, lower taxes and responsible pioneered using cultured neurons and disease. He will also continue to be ac- planned growth. He has overseen the muscle cells to characterize the bio- tive on health and science policy issues development of a professional commu- chemical, cellular, and electrophys- like stem cell research and it would nity police force and has helped to im- iological mechanisms underlying the not surprise me, once absolved from plement a long-range capital planning development and function of this junc- the day-to-day responsibilities of Dean, project. As a resident of Berryville for tion. Beginning in the 1970s, Dean if he is not more visible on Capitol Hill. more than 50 years and an owner of a Fischbach began to study the mecha- business in downtown Berryville for Dean Fischbach is leaving Columbia nism by which motor neurons regulate the past 27 years, Mr. McWilliams is University Medical Center in good the number of acetylcholine receptors truly committed to the growth and hands. Dr. Lee Goldman will assume on muscle cells. In 1993, this work cul- success of this town. the executive vice president and dean minated with the purification and Mr. McWilliams, who is married to position in late June. A distinguished cloning of the acetylcholine receptor- Barbara and is the father to Jeffery cardiologist, Dr. Goldman comes to Co- inducing activity, ARIA, protein, and Michelle, has brought an innova- lumbia from the University of Cali- which stimulates skeletal muscle cells tive spirit and common-sense, prin- fornia San Francisco where he is Chair to synthesize acetylcholine receptors. cipled leadership to the Town of of the Department of Medicine. I want Dean Fischbach’s work was key in Berryville. I am grateful for his service to welcome Dr. Goldman to New York demonstrating that synaptic develop- to the Commonwealth of Virginia and and look forward to working with him. ment relies on biochemical mecha- am pleased to join his colleagues, nisms. I ask that my colleagues join me in friends and family members in hon- While at Columbia, Dean Fischbach recognizing this great New Yorker, Dr. ∑ oring him upon his retirement. initiated and implemented a strategic Gerald D. Fischbach. Congratulations f planning process and oversaw the com- Gerry and best to you and Ruth.∑ pletion and dedication of the new Ir- CONGRATULATING GERRY ving Cancer Research Center. No f FISCHBACH stranger to Congress from his days at ∑ Mrs. CLINTON. Mr. President, I rise NINDS, he has been active in the effort ANNUAL NEW JERSEY LAW EN- today to recognize Dr. Gerald D. to expand eligibility for federal funding FORCEMENT MEMORIAL SERVICE Fischbach for his service as the Execu- for stem cell research, and has lec- tive Vice President for Health and Bio- tured, written, and testified before ∑ Mr. LAUTENBERG. Mr. President, I medical Sciences and Dean of the Fac- Congress numerous times on the sub- commemorate the 21st annual New Jer- ulties of Medicine and Health Sciences ject. During his tenure, he created the sey Law Enforcement Memorial Serv- at Columbia University in New York. Columbia Center for Neuroscience Ini- ice held this week in Ocean Grove, NJ. Gerry Fischbach is a highly respected tiatives and the CUMC Stem Cell Con- This ceremony, which is hosted by the neuroscientist and educator. I have sortium, both to promote better under- New Jersey State Association of Chiefs known Dean Fischbach since 1998 when standing of the human brain and de- of Police, NJSACP, honors the sacrifice he served as Director of the National velop treatments for diseases that af- made by law enforcement officers who Institute of Neurological Disorders and fect millions of Americans. have given their lives in the line of Stroke, NINDS, at the National Insti- New York is blessed with an abun- duty. Its participants represent the en- tutes of Health, NIH, during the Clin- dance of top research institutions and tire New Jersey law enforcement com- ton administration. teaching hospitals, New York’s jewels, munity, including State and local po- As executive vice president and dean, as my predecessor Senator Moynihan lice agencies as well as prosecutors and Gerry Fischbach was charged with run- used to call them, and there is no federal agents based in New Jersey. ning the Columbia University Medical doubt that Columbia’s medical center Events such as the New Jersey Law Center, CUMC, in northern Manhattan. is one of the finest in the country. Co- Enforcement Memorial Service and The CUMC comprises the College of lumbia receives more NIH funding than last week’s commemoration of Na- Physicians and Surgeons, the Graduate any other New York institution, and tional Police Week are the least we can School of Arts and Sciences, the School two out of the past five Nobel Prize do to express our gratitude to the of Nursing, the College of Dental Medi- winners for Physiology and Medicine brave men and women who risk their cine, and the Mailman School of Public have been Columbia faculty. I have be- lives every day in service to our com- Health. Dean Fischbach worked tire- come very familiar with the out- munities, States, and Nation. Our Na- lessly to advance the Medical Center’s standing clinical care provided by tion lost 155 law enforcement officers three primary missions, providing high CUMC and the New York Presbyterian in 2005. Their ultimate sacrifice and quality patient care, conducting inno- Hospital. Dr. Craig Smith, the surgeon the important work they did every day vative biomedical research, and edu- who operated on my husband, is a Co- must never be forgotten. cating generations of doctors, sci- lumbia faculty member. entists, nurses, dentists, and public My colleagues may have noticed that I am proud that my State of New Jer- health professionals. the one word I have not used in my re- sey honors these heroes in the oldest Gerry Fischbach is a native of Mount marks is ‘‘retire.’’ Although Gerry statewide law enforcement memorial Vernon, New York and graduated from Fishbach may be stepping down from service in the country, and I ask that Colgate University. After graduating his current position, he is not retiring. the Senate join me in commending the from Cornell Medical School in New He will remain an active CUMC faculty NJSACP for hosting this important York City, he completed his internship member and researcher. He also will event.∑

VerDate Aug 31 2005 03:24 May 27, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.032 S26MYPT1 ycherry on PROD1PC64 with SENATE S5340 CONGRESSIONAL RECORD — SENATE May 26, 2006 IN RECOGNITION OF THE UNITED naw for her 62 years of service on the CORRECTED MESSAGE FROM THE STATES COAST GUARD CUTTER Great Lakes. And I thank the current HOUSE—MAY 25, 2006 ICEBREAKER ‘‘MACKINAW’’ AND and former crew of this great ship for The Speaker appointment in the Mes- HER CREW their service and commitment. The sage from the House on May 25, 2006, ∑ Mr. LEVIN. Mr. President, it is with Mackinaw will be long remembered for did not appear in the RECORD. The ap- great pride that I pay tribute to the a job well done.∑ pointment is as follows: United States Coast Guard Cutter Ice- f The Speaker appoints the following breaker Mackinaw on her 62 years of IN RECOGNITION OF THE UNITED Member of the House of Representa- exceptional service on the Great Lakes. STATES COAST GUARD CUTTER tives to the Board of Visitors to the The Coast Guard’s largest cutter as- ‘‘ACACIA’’ AND HER CREW United States Coast Guard Academy: signed to the Great Lakes, the Macki- ∑ Mr. LEVIN. Mr. President, it is with Mr. TAYLOR of Mississippi. naw will be decommissioned on Satur- great pride that I pay tribute to the f day, June 10, 2006. The power and maj- United States Coast Guard Cutter Aca- esty of the Mackinaw have made her a cia on her 62 years of exceptional serv- unique and awe-inspiring cutter, set- MEASURES PLACED ON THE ice on the Great Lakes. The ‘‘Ace of CALENDAR ting a high standard by which other the Great Lakes’’ will be remembered icebreakers are measured. The following bill was read the sec- Construction of the Mackinaw began for her strength, integrity, and rich maritime history. The Acacia is the ond time, and placed on the calendar: on March 20, 1943, by the Toledo Ship- S. 3064. A bill to express the policy of the building Company of Ohio. With the last of the Coast Guard’s classic World War II era 180 foot buoy tenders, and United States regarding the United States Great Lakes serving as a vital link for relationship with native Hawaiians and to industry and commerce, the Coast when she is decommissioned on provide a process for the recognition by the Guard needed a vessel that could ac- Wednesday, June 7, 2006, it will be the United States of the Native Hawaiian gov- complish in one pass what took smaller end of an era. erning entity. The Acacia, constructed during World icebreakers three or four passes to ac- War II by the Zenith Dredge Company f complish. Out of this need was born the of Duluth, Minnesota, was launched on legendary ‘‘Mighty Mac.’’ At a length September 1, 1944. She was named after MEASURES READ THE FIRST TIME of 290 feet, a beam of 74 feet, a displace- the U.S. Lighthouse Service Acacia, the ment of 5,252 tons, and a maximum The following bills were read the first only Lighthouse Service vessel sunk speed of 16 knots, the Mackinaw was time: during World War II. In the years since the most powerful icebreaker in the H.R. 5253. An act to prohibit price gouging her commissioning, the Acacia has world when she was commissioned on in the sale of gasoline, diesel fuel, crude oil, served proudly on the Great Lakes, and home heating oil, and for other purposes. December 20, 1944. calling Charlevoix, Michigan, home H.R. 5311. An act to establish the Upper In the years since then, the Macki- Housatonic Valley National Heritage Area. naw has served proudly on the Great port for the last 16 years. Affectionately known as ‘‘The Big H.R. 5403. An act to improve protections Lakes, with Cheboygan, Michigan, as for children and to hold States accountable her home port. In addition to her mis- A,’’ the Acacia’s primary duties have for the safe and timely placement of children sion of breaking ice in the fall and been the maintenance of more than 210 across State lines, and for other purposes. spring, the Mackinaw has been called buoys, lighthouses and other naviga- H.R. 5429. An act to direct the Secretary of the Interior to establish and implement a upon to serve as a buoy tender, carry tional aids in the Great Lakes. Serv- icing these aids to navigation has re- competitive oil and gas leasing program that fuel and supplies to light stations, will result in an environmentally sound pro- serve as a training vessel and assist quired travel from as far south as Cal- umet Harbor to as far north as Little gram for the exploration, development, and vessels in distress when necessary. The production of the oil and gas resources of the Mackinaw has completed all of these Bay De Noc. The Acacia’s icebreaking Coastal Plain of Alaska, and for other pur- duties with distinction. capabilities were also vital to main- poses. Along the way, the Mackinaw has taining the safe passage of coal ships in S. 3274. A bill to create a fair and efficient captured the imagination of the people the channels between Toledo, Ohio and system to resolve claims of victims for bod- of the Great Lakes, and they call her Detroit, Michigan every winter ily injury caused by asbestos exposure, and for other purposes. by many names: ‘‘The Mighty Mac,’’ through her participation in Operation Coal Shovel. ‘‘Big Mac,’’ ‘‘Ice Cream Machine,’’ f ‘‘Great White Mother,’’ ‘‘Mack At- In addition, the Acacia has assisted in icebreaking and search and rescue op- tack,’’ ‘‘Guardian of the Eighth Sea,’’ EXECUTIVE AND OTHER erations on the Great Lakes and and ‘‘Grand Lady of the Great Lakes.’’ COMMUNICATIONS The great success of the Mackinaw is throughout the world. Internationally, due, not only to the capabilities of the the Acacia and her crew took part in The following communications were vessel herself, but also to her crew. operation Uphold Democracy in 1994, laid before the Senate, together with Over the last 62 years, more then 3,000 supporting the Department of Defense accompanying papers, reports, and doc- men and women have served this coun- in patrolling the coastline of Haiti. uments, and were referred as indicated: try aboard the Mackinaw. These men Whether working on the Great Lakes EC–6962. A communication from the Direc- and women should be saluted for their or in international waters, the Acacia tor, Office of Personnel Management, trans- and her crew have completed all of mitting the report of proposed legislation to dedication, hard work, and tireless ef- allow the Governmentwide Service Benefit forts in protecting and securing the their missions with class and integrity. Plan in the Federal Employees Health Bene- safe passage of vessels on the Great As we pay tribute to the Acacia, I fits (FEHB) Program to offer more than two Lakes. want to recognize the contributions of levels of benefits; to the Committee on The crew of the Mackinaw is also to her crew to her great success. The Homeland Security and Governmental Af- be commended for their volunteer ef- proud men and women who have served fairs. forts. Since 2000, the Mackinaw has this country aboard the Acacia over the EC–6963. A communication from the Archi- taken on the special mission of acting last 62 years are to be saluted for their vist of the United States, National Archives commitment, hard work, and impres- and Records Administration, transmitting, as Chicago’s Christmas Ship. Each De- pursuant to law, the Administration’s cal- cember, the crew makes the 350 mile sive skill in protecting and securing endar year 2005 report on category rating; to trip from Cheboygan, Michigan to Chi- the safe passage of vessels on the Great the Committee on Homeland Security and cago, Illinois, bringing Christmas trees Lakes. Governmental Affairs. to be distributed to disadvantaged fam- On the eve of her decommissioning, I EC–6964. A communication from the Chair- ilies in Chicago. Since its inception, would like to praise the United States man, National Endowment for the Arts, this program has provided more than Coast Guard Cutter Acacia for her serv- transmitting, pursuant to law, the National ice on the Great Lakes. And I thank Endowment for the Arts’ updated Strategic 6,000 trees to families in need during Plan for fiscal years 2006–2011; to the Com- the holiday season. the current and former crew of this mittee on Homeland Security and Govern- On the eve of her decommissioning, I great ship for their service and com- mental Affairs. would like to praise the United States mitment. The Acacia will be long re- EC–6965. A communication from the Dep- Coast Guard Cutter Icebreaker Macki- membered for a job well done.∑ uty Director, Office of Administration and

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.036 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5341 Information Management, Office of Govern- By Mr. ALEXANDER (for himself and S. 3270. A bill to extend duty suspension on ment Ethics, transmitting, pursuant to law, Mr. FRIST): MUB 738 INT; to the Committee on Finance. (2) reports relative to vacancy announce- S. 3253. A bill to extend the temporary sus- By Mr. FRIST (for Mrs. DOLE): ments within the Agency, received on May pension of duty on DMSIP; to the Committee S. 3271. A bill to extend the suspension of 24, 2006; to the Committee on Homeland Se- on Finance. duty on 5-amino-N-(2-hydroxyethyl)-2,3- curity and Governmental Affairs. By Mr. ALEXANDER (for himself and xylenesulfonamide; to the Committee on Fi- EC–6966. A communication from the Chair- Mr. FRIST): nance. man, Parole Commission, Department of S. 3254. A bill to suspend temporarily the By Mr. FRIST (for Mrs. DOLE): Justice, transmitting, pursuant to law, the duty on parts for use in the manufacture of S. 3272. A bill to suspend temporarily the Commission’s annual report for the year certain high-performance loudspeakers; to duty on mixtures of 1,3,5-Triazine-2,4,6-tri- 2005; to the Committee on Homeland Secu- the Committee on Finance. amine,N,N″′-[1,2-ethane-diyl-bis [[[4,6- rity and Governmental Affairs. By Mrs. CLINTON (for herself and Ms. bis[butyl(1,2,2,6,6-pentamethyl-4- EC–6967. A communication from the Chief MIKULSKI): piperidinyl)amino]-1,3,5-triazine-2-yl] imino]- Justice, Supreme Court of the United States, S. 3255. A bill to provide student borrowers 3,1-propanediyl]] bis[N′,N″-dibutyl-N′,N″- transmitting, pursuant to law, the Report of with basic rights, including the right to bis(1,2,2,6,6-pentamethyl-4-piperidinyl)- and the Proceedings of the Judicial Conference of timely information about their loans and the Butanedioic acid, dimethylester polymer the United States, September 20, 2005; to the right to make fair and reasonable loan pay- with 4-hydroxy-2,2,6 ,6-tetramethyl-1- Committee on the Judiciary. ments, and for other purposes; to the Com- piperdine ethanol; to the Committee on Fi- EC–6968. A communication from the Direc- mittee on Health, Education, Labor, and nance. tor, Regulations Management, Office of Reg- Pensions. By Mr. ALEXANDER (for himself and ulation Policy and Management, Depart- By Mr. FRIST (for Mrs. DOLE): Mr. FRIST): ment of Veterans Affairs, transmitting, pur- S. 3256. A bill to suspend temporarily the S. 3273. A bill to reduce temporarily the suant to law, the report of a rule entitled duty on ground fault circuit interrupter re- duty on PHBA; to the Committee on Fi- ‘‘Amended Delegation of Authority—Prop- ceptacles of 15 amps or less; to the Com- nance. erty Management Contractor’’ (RIN2900– mittee on Finance. By Mr. SPECTER (for himself and Mr. AM38) received on May 24, 2006; to the Com- By Mr. FRIST (for Mrs. DOLE): LEAHY): mittee on Veterans’ Affairs. S. 3257. A bill to suspend temporarily the S. 3274. A bill to create a fair and efficient f duty on ground fault circuit interrupter re- system to resolve claims of victims for bod- ceptacles of greater than 15 amps; to the INTRODUCTION OF BILLS AND ily injury caused by asbestos exposure, and Committee on Finance. for other purposes; read the first time. JOINT RESOLUTIONS By Mr. FRIST (for Mrs. DOLE): By Mr. ALLEN (for himself, Mr. NEL- The following bills and joint resolu- S. 3258. A bill to suspend temporarily the SON of Nebraska, Mr. CRAIG, Mr. tions were introduced, read the first duty on in line ground fault circuit inter- INHOFE, Mr. LOTT, Mrs. DOLE, Mr. and second times by unanimous con- rupters; to the Committee on Finance. VITTER, Mr. ENSIGN, Mr. MARTINEZ, sent, and referred as indicated: By Mr. FRIST (for Mrs. DOLE): Mr. BURR, Mr. CRAPO, Mr. SUNUNU, S. 3259. A bill to suspend temporarily the and Mr. THUNE): By Mrs. FEINSTEIN: duty on high current ground fault circuit in- S. 3275. A bill to amend title 18, United S. 3241. A bill to suspend temporarily the terrupters; to the Committee on Finance. States code, to provide a national standard duty on certain backpacks with a removable By Mr. FRIST (for Mrs. DOLE): in accordance with which nonresidents of a separate backpack or daypack; to the Com- S. 3260. A bill to suspend temporarily the State may carry concealed firearms in the mittee on Finance. duty on plastic lamp-holder housings con- State; to the Committee on the Judiciary. By Mrs. FEINSTEIN: taining sockets; to the Committee on Fi- By Mr. NELSON of Nebraska (for him- S. 3242. A bill to suspend temporarily the nance. self and Mr. JOHNSON): duty on certain backpacks; to the Com- By Mr. FRIST (for Mrs. DOLE): S. 3276. A bill to amend title 38, United mittee on Finance. S. 3261. A bill to suspend temporarily the States Code, to eliminate the deductible and By Mr. OBAMA: duty on porcelain lamp-holder housings con- change the method of determining the mile- S. 3243. A bill to suspend temporarily the taining sockets; to the Committee on Fi- age reimbursement rate under the bene- duty on metsulfuron-methyl; to the Com- nance. ficiary travel program administered by the mittee on Finance. By Mr. FRIST (for Mrs. DOLE): Secretary of Veterans Affairs, and for other By Mr. OBAMA: S. 3262. A bill to suspend temporarily the S. 3244. A bill to suspend temporarily the purposes; to the Committee on Veterans’ Af- duty on aluminum lamp-holder housings duty on dichlorprop-p acid, dichlorprop-p di- fairs. containing sockets; to the Committee on Fi- methylamine salt, and dichlorprop-p 2- By Mrs. FEINSTEIN: nance. ethylhexyl ester; to the Committee on Fi- S. 3277. A bill to suspend temporarily the By Mr. FRIST (for Mrs. DOLE): nance. duty on wide-range high sensitivity color S. 3263. A bill to suspend temporarily the zoom digital security camera; to the Com- By Mr. OBAMA: duty on brass lamp-holder housings con- S. 3245. A bill to suspend temporarily the mittee on Finance. taining sockets; to the Committee on Fi- duty on 2,4-DB Acid and 2,4-DB Dimethyl- By Mrs. FEINSTEIN: nance. amine Salt; to the Committee on Finance. S. 3278. A bill to suspend temporarily the By Mr. FRIST (for Mrs. DOLE): By Mr. FRIST (for Mrs. DOLE): duty on mini DVD camcorder; to the Com- S. 3246. A bill to suspend temporarily the S. 3264. A bill to suspend temporarily the mittee on Finance. duty on Tetraconazole; to the Committee on duty on staple fibers of viscose rayon, not By Mrs. FEINSTEIN: Finance. carded, combed, or otherwise processed for S. 3279. A bill to suspend temporarily the spinning; to the Committee on Finance. By Mr. FRIST (for Mrs. DOLE): duty on mini DVD camcorder with 8G HDD; S. 3247. A bill to reduce temporarily the By Mr. FRIST (for Mrs. DOLE): to the Committee on Finance. duty on M-Alcohol; to the Committee on Fi- S. 3265. A bill to suspend temporarily the By Mrs. FEINSTEIN: nance. duty on staple fibers of viscose rayon, not S. 3280. A bill to suspend temporarily the By Mr. FRIST (for Mrs. DOLE): carded; to the Committee on Finance. duty on mini DVD camcorder with 680K pixel S. 3248. A bill to suspend temporarily the By Mr. FRIST (for Mrs. DOLE): CCD; to the Committee on Finance. duty on right angle ground fault circuit in- S. 3266. A bill to suspend temporarily the By Mrs. FEINSTEIN: terrupters; to the Committee on Finance. duty on staple fibers of rayon, carded, S. 3281. A bill to suspend temporarily the By Mr. OBAMA: combed, or otherwise processed; to the Com- duty on mini DVD camcorder with 20G HDD; S. 3249. A bill to suspend temporarily the mittee on Finance. to the Committee on Finance. duty on metsulfuron-methyl; to the Com- By Mr. FRIST (for Mrs. DOLE): By Mrs. FEINSTEIN: mittee on Finance. S. 3267. A bill to suspend temporarily the S. 3282. A bill to suspend temporarily the By Mr. OBAMA: duty on Butralin; to the Committee on Fi- duty on metal halide lamp; to the Com- S. 3250. A bill to suspend temporarily the nance. mittee on Finance. duty on 2, 4-DB Acid and 2,4-DB Dimethyl- By Mr. FRIST (for Mrs. DOLE): By Mrs. FEINSTEIN: amine Salt; to the Committee on Finance. S. 3268. A bill to suspend temporarily the S. 3283. A bill to suspend temporarily the By Mr. OBAMA: duty on Butanedioic acid, dimethyl ester, duty on pressure sensitive film; to the Com- S. 3251. A bill to suspend temporarily the polymer with 4-hydroxy-2,2,6,6,-tetramethyl- mittee on Finance. duty on dichlorprop-p acid, dichlorprop-p di- 1-piperidineethanol; to the Committee on Fi- By Mrs. FEINSTEIN: methylamine salt, and dichlorprop-p 2- nance. S. 3284. A bill to suspend temporarily the ethylhexyl ester; to the Committee on Fi- By Mr. FRIST (for Mrs. DOLE): duty on pressure sensitive film with adhesive nance. S. 3269. A bill to extend temporarily the based on styrene-ethylene-butylene copoly- By Mr. FRIST (for Mrs. DOLE): suspension of duty on 3-amino-2′(sulfato- mer; to the Committee on Finance. S. 3252. A bill to suspend temporarily the ethyl sulfonyl) ethyl benzamide; to the Com- By Mrs. FEINSTEIN: duty on filament fiber tow of rayon; to the mittee on Finance. S. 3285. A bill to suspend temporarily the Committee on Finance. By Mr. FRIST (for Mrs. DOLE): duty on wide-range high sensitivity color

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.061 S26MYPT1 ycherry on PROD1PC64 with SENATE S5342 CONGRESSIONAL RECORD — SENATE May 26, 2006 zoom digital security camera with optical By Mr. LAUTENBERG: S. 3321. A bill to suspend temporarily the lens zoom power 23x magnification; to the S. 3304. A bill to suspend temporarily the duty on stoppers, lids, and other closures; to Committee on Finance. duty on Dimethyl Malonate; to the Com- the Committee on Finance. By Mrs. FEINSTEIN: mittee on Finance. By Mr. LUGAR (for himself, Mr. BIDEN, S. 3286. A bill to suspend temporarily the By Mr. LAUTENBERG: Mr. HAGEL, Mr. ALEXANDER, and Mr. duty on wide-range high sensitivity color S. 3305. A bill to suspend temporarily the WARNER): zoom digital security camera with optical duty on 1-chloro-1, 1-difluoroethane; to the S. 3322. A bill to build operational readi- lens zoom power 22x magnification; to the Committee on Finance. ness in civilian agencies, and for other pur- Committee on Finance. By Mr. SCHUMER (for himself and poses; considered and passed. By Mrs. FEINSTEIN: Mrs. CLINTON): By Mr. MENENDEZ: S. 3287. A bill to suspend temporarily the S. 3306. A bill to suspend temporarily the S. 3323. A bill to suspend temporarily the duty on wide-range high sensitivity color duty on lightweight wide angle digital cam- duty on Propylene Glycol Alginates (PGA) zoom digital security cameras; to the Com- era lenses; to the Committee on Finance. be eliminated; to the Committee on Finance. mittee on Finance. By Mr. SCHUMER (for himself and By Mr. LAUTENBERG: By Mr. ALLEN: Mrs. CLINTON): S. 3324. A bill to provide for the liquidation S. 3307. A bill to suspend temporarily the S. 3288. A bill to suspend temporarily the or reliquidation of certain entries of Granu- duty on digital zoom camera lenses not ex- duty on handheld electronic can openers; to lated polytetrafluoroethylene resin from ceeding 20 ounces in weight; to the Com- the Committee on Finance. Italy; to the Committee on Finance. mittee on Finance. By Mr. ALLEN: By Mr. BUNNING (for himself, Mr. By Mr. SCHUMER (for himself and S. 3289. A bill to suspend temporarily the OBAMA, Mr. LUGAR, Mr. BURNS, and Mrs. CLINTON): Mr. PRYOR): duty on electric knives; to the Committee on S. 3308. A bill to suspend temporarily the Finance. S. 3325. A bill to promote coal-to-liquid duty on lightweight digital camera lenses; to fuel activities; to the Committee on Finance. By Mr. ALLEN: the Committee on Finance. S. 3290. A bill to suspend temporarily the By Mr. SPECTER: By Mr. SCHUMER (for himself and S. 3326. A bill to provide for the liquidation duty on toaster ovens with single-slot tradi- Mrs. CLINTON): tional toaster opening on top of oven; to the or reliquidation of certain entries relating to S. 3309. A bill to suspend temporarily the fiberboard entered between August 2001 and Committee on Finance. duty on digital zoom camera lenses; to the By Mr. ALLEN: February 2003; to the Committee on Finance. Committee on Finance. By Mr. SPECTER: S. 3291. A bill to suspend temporarily the By Mr. SCHUMER (for himself and duty on ice shavers; to the Committee on Fi- S. 3327. A bill to provide for the liquidation Mrs. CLINTON): or reliquidation of certain entries relating to nance. S. 3310. A bill to suspend temporarily the fiberboard entered in September through De- By Mr. ALLEN: duty on digital camera lenses; to the Com- cember, 2005; to the Committee on Finance. S. 3292. A bill to suspend temporarily the mittee on Finance. duty on dual-press sandwich makers with By Mr. SPECTER: By Mr. SCHUMER (for himself and S. 3328. A bill to provide for the liquidation floating upper lid and lock; to the Com- Mrs. CLINTON): or reliquidation of certain entries of fiber- mittee on Finance. S. 3311. A bill to suspend temporarily the board entered in 2001, 2002, and 2006; to the By Mr. ALLEN: duty on certain electrical transformers; to Committee on Finance. S. 3293. A bill to suspend temporarily the the Committee on Finance. By Mr. SPECTER: duty on electric drink mixers with tilt mix- By Mr. SCHUMER (for himself and S. 3329. A bill to provide for the liquidation ing heads and two-speed motors; to the Com- Mrs. CLINTON): or reliquidation of certain entries relating to mittee on Finance. S. 3312. A bill to suspend temporarily the fiberboard entered in February through May, By Mr. ALLEN: duty on certain color flat panel screen mon- 2005; to the Committee on Finance. S. 3294. A bill to suspend temporarily the itors; to the Committee on Finance. By Mr. SPECTER: By Mr. SCHUMER (for himself and duty on electric juice extractors greater S. 3330. A bill to provide for the liquidation than 300 watts but less than 400 watts; to the Mrs. CLINTON): S. 3313. A bill to suspend temporarily the or reliquidation of certain entries relating to Committee on Finance. fiberboard entered in August through De- By Mr. ALLEN: duty on certain color monitors video with a display diagonal of 35.56 cm or greater; to cember, 2004; to the Committee on Finance. S. 3295. A bill to suspend temporarily the By Mr. SPECTER: duty on electric juice extractors not less the Committee on Finance. By Mr. SCHUMER (for himself and S. 3331. A bill to provide for the liquidation than 800 watts; to the Committee on Fi- or reliquidation of certain entries relating to Mrs. CLINTON): nance. fiberboard entered in June through August, By Mr. ALLEN: S. 3314. A bill to suspend temporarily the duty on certain color monitors; to the Com- 2004; to the Committee on Finance. S. 3296. A bill to suspend temporarily the By Mr. SPECTER: duty on open-top electric indoor grills; to mittee on Finance. By Mr. SCHUMER (for himself and S. 3332. A bill to provide for the liquidation the Committee on Finance. or reliquidation of certain entries relating to By Mr. ALLEN: Mrs. CLINTON): S. 3315. A bill to suspend temporarily the fiberboard entered in April through June, S. 3297. A bill to suspend temporarily the 2004; to the Committee on Finance. duty on electric coffee grinders; to the Com- duty on certain black and white monitors; to the Committee on Finance. By Mr. SPECTER: mittee on Finance. S. 3333. A bill to provide for the liquidation By Mr. ALLEN: By Mr. SCHUMER (for himself and Mrs. CLINTON): or reliquidation of certain entries relating to S. 3298. A bill to suspend temporarily the S. 3316. A bill to suspend temporarily the fiberboard entered in February through duty on electric percolators; to the Com- duty on 6 V lead-acid storage batteries; to April, 2004; to the Committee on Finance. mittee on Finance. the Committee on Finance. By Mr. SPECTER: By Mr. ALLEN: By Mr. SCHUMER (for himself and S. 3334. A bill to provide for the liquidation S. 3299. A bill to suspend temporarily the Mrs. CLINTON): or reliquidation of certain entries relating to duty on automatic drip coffeemakers other S. 3317. A bill to suspend temporarily the fiberboard; to the Committee on Finance. than those with clocks; to the Committee on duty on cosmetic bags with a flexible outer By Mr. SPECTER: Finance. surface of reinforced or laminated polyvinyl S. 3335. A bill to provide for the liquidation By Mr. ALLEN: chloride (PVC); to the Committee on Fi- or reliquidation of certain entries relating to S. 3300. A bill to suspend temporarily the nance. fiberboard entered between May 2005 and duty on automatic drip coffeemakers with By Mr. SCHUMER (for himself and September 2005; to the Committee on Fi- electronic clocks; to the Committee on Fi- Mrs. CLINTON): nance. nance. S. 3318. A bill to extend and amend the By Mr. SPECTER: By Mr. ALLEN: duty on 2 Hydroxypropyl methylcellulose; to S. 3336. A bill to provide for the liquidation S. 3301. A bill to suspend temporarily the the Committee on Finance. or reliquidation of certain entries relating to duty on electronic under-the-cabinet mount- By Mr. SCHUMER (for himself and fiberboard entered in April through August, ing electric can openers; to the Committee Mrs. CLINTON): 2001; to the Committee on Finance. on Finance. S. 3319. A bill to suspend temporarily the By Mr. SPECTER: By Mr. SPECTER: duty on Zirconyl Chloride; to the Committee S. 3337. A bill to provide for the liquidation S. 3302. A bill to reduce temporarily the on Finance. or reliquidation of certain entries relating to duty on Nitrocellulose; to the Committee on By Mr. SCHUMER (for himself and fiberboard entered between December 2002 Finance. Mrs. CLINTON): and April 2003; to the Committee on Finance. By Mr. ALLEN: S. 3320. A bill to suspend temporarily the By Mr. SPECTER: S. 3303. A bill to suspend temporarily the duty on low expansion laboratory glass; to S. 3338. A bill to suspend temporarily the duty on food slicers and shredders with top- the Committee on Finance. duty on polyethylene glycol branched- mounted motors and replaceable mixing By Mr. SCHUMER (for himself and nonylphenyl ether phosphate; to the Com- bowls; to the Committee on Finance. Mrs. CLINTON): mittee on Finance.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.069 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5343 By Mr. SPECTER: S. Res. 496. A resolution commending the MENENDEZ) was added as a cosponsor of S. 3339. A bill to provide for the liquidation Kansas City Kansas Community College De- S. 1479, a bill to provide for the expan- or reliquidation of certain entries relating to bate Team for their National Championship sion of Federal efforts concerning the fiberboard entered in November 2003 through victories; considered and agreed to. prevention, education, treatment, and February 2004; to the Committee on Finance. By Mr. SPECTER (for himself, Mr. By Mr. SPECTER: LEAHY, and Mr. HATCH): research activities related to Lyme and S. 3340. A bill to provide for the liquidation S. Res. 497. A resolution relative to the other tick-borne diseases, including or reliquidation of certain entries relating to death of Edward Roy Becker, Chief Judge of the establishment of a Tick-Borne Dis- fiberboard entered between December 2005 the Court of Appeals for the 3rd Circuit; con- eases Advisory Committee. sidered and agreed to. and April 2006; to the Committee on Finance. S. 1575 By Mr. SPECTER: By Mr. VITTER (for himself, Ms. At the request of Mr. BINGAMAN, the S. 3341. A bill to provide for the liquidation LANDRIEU, Mr. SHELBY, and Mr. or reliquidation of certain entries relating to LOTT): names of the Senator from Hawaii (Mr. fiberboard entered between August 2001 and S. Res. 498. A resolution designating the AKAKA) and the Senator from Colorado February 2003; to the Committee on Finance. week beginning May 21, 2006, as ‘‘National (Mr. SALAZAR) were added as cospon- By Mr. SPECTER: Hurricane Preparedness Week’’; to the Com- sors of S. 1575, a bill to amend the Pub- S. 3342. A bill to provide for the liquidation mittee on the Judiciary. lic Health Service Act to authorize a or reliquidation of certain entries relating to f demonstration program to increase the fiberboard entered between March 2003 and ADDITIONAL COSPONSORS number of doctorally-prepared nurse August 2003; to the Committee on Finance. faculty. By Mr. SPECTER: S. 520 S. 1998 S. 3343. A bill to provide for the liquidation At the request of Mr. SHELBY, the or reliquidation of certain entries relating to name of the Senator from Louisiana At the request of Mrs. LINCOLN, her fiberboard entered between October 2001 and (Mr. VITTER) was added as a cosponsor name was added as a cosponsor of S. September 2004; to the Committee on Fi- of S. 520, a bill to limit the jurisdiction 1998, a bill to amend title 18, United nance. of Federal courts in certain cases and States Code, to enhance protections re- By Mr. SPECTER: promote federalism. lating to the reputation and meaning S. 3344. A bill to provide temporary duty of the Medal of Honor and other mili- reduction for certain cotton fabrics, and for S. 559 other purposes; to the Committee on Fi- At the request of Mr. BIDEN, the tary decorations and awards, and for nance. name of the Senator from Massachu- other purposes. By Mr. SPECTER: setts (Mr. KERRY) was added as a co- S. 2202 S. 3345. A bill to extend the temporary sus- sponsor of S. 559, a bill to make the At the request of Mr. LEAHY, the pension of duty on Acetamiprid Technical; to protection of vulnerable populations, name of the Senator from California the Committee on Finance. especially women and children, who are (Mrs. FEINSTEIN) was added as a co- By Mr. SPECTER: S. 3346. A bill to suspend temporarily the affected by a humanitarian emergency sponsor of S. 2202, a bill to provide for duty on ester gums; to the Committee on Fi- a priority of the United States Govern- ethics reform of the Federal judiciary nance. ment, and for other purposes. and to instill greater public confidence By Mr. SPECTER: S. 604 in the Federal courts. S. 3347. A bill to suspend temporarily the At the request of Mr. BINGAMAN, the S. 2250 duty on polymerized rosin acids; to the Com- name of the Senator from North Da- At the request of Mr. GRASSLEY, the mittee on Finance. kota (Mr. DORGAN) was added as a co- name of the Senator from Wyoming By Mr. SPECTER: sponsor of S. 604, a bill to amend title S. 3348. A bill to suspend temporarily the (Mr. THOMAS) was added as a cosponsor duty on ester gums; to the Committee on Fi- XVIII of the Social Security Act to au- of S. 2250, a bill to award a congres- nance. thorize expansion of medicare coverage sional gold medal to Dr. Norman E. By Mr. SHELBY: of medical nutrition therapy services. Borlaug. S 707 S. 3349. A bill to extend temporarily the . S. 2292 suspension of duty on certain At the request of Mr. ALEXANDER, the At the request of Mr. AKAKA, his fluoropolymers; to the Committee on Fi- name of the Senator from North Da- nance. name was added as a cosponsor of S. kota (Mr. CONRAD) was added as a co- 2292, a bill to provide relief for the Fed- By Mr. MCCONNELL (for himself, Mrs. sponsor of S. 707, a bill to reduce FEINSTEIN, Mr. MCCAIN, Mr. FRIST, eral judiciary from excessive rent preterm labor and delivery and the risk Mr. REID, Mr. ALEXANDER, Mr. AL- charges. of pregnancy-related deaths and com- LARD, Mr. ALLEN, Mr. BENNETT, Mr. S. 2401 BIDEN, Mr. BINGAMAN, Mrs. BOXER, plications due to pregnancy, and to re- At the request of Mr. BAUCUS, the Mr. BROWNBACK, Mr. BUNNING, Mr. duce infant mortality caused by pre- BURNS, Mr. BURR, Mr. CHAFEE, Mr. maturity. name of the Senator from Nebraska ELSON CHAMBLISS, Mrs. CLINTON, Mr. COCH- S. 1112 (Mr. N ) was added as a cosponsor RAN, Ms. COLLINS, Mr. DEWINE, Mrs. At the request of Mr. GRASSLEY, the of S. 2401, a bill to amend the Internal DOLE, Mr. DOMENICI, Mr. DURBIN, Mr. name of the Senator from Montana Revenue Code of 1986 to extend certain ENSIGN, Mr. FEINGOLD, Mr. HAGEL, (Mr. BURNS) was added as a cosponsor energy tax incentives, and for other Mr. HARKIN, Mr. KENNEDY, Mr. purposes. KERRY, Mr. KOHL, Mr. KYL, Mr. of S. 1112, a bill to make permanent the S. 2794 LEAHY, Mr. LIEBERMAN, Mr. LUGAR, enhanced educational savings provi- Mr. MARTINEZ, Mr. MENENDEZ, Ms. sions for qualified tuition programs en- At the request of Mrs. MURRAY, her MIKULSKI, Ms. MURKOWSKI, Mr. acted as part of the Economic Growth name was added as a cosponsor of S. OBAMA, Mr. SALAZAR, Mr. SANTORUM, and Tax Relief Reconciliation Act of 2794, a bill to ensure the equitable pro- Mr. SARBANES, Mr. SMITH, Ms. 2001. vision of pension and medical benefits STABENOW, Mr. SUNUNU, Mr. S. 1217 to Department of Energy contractor VOINOVICH, and Mr. WYDEN): employees. S.J. Res. 38. A joint resolution approving At the request of Mr. BINGAMAN, the the renewal of import restrictions contained name of the Senator from Arkansas S. 2810 in the Burmese Freedom and Democracy Act (Mr. PRYOR) was added as a cosponsor At the request of Mr. GRASSLEY, the of 2003, and for other purposes; to the Com- of S. 1217, a bill to amend title II of the name of the Senator from Texas (Mrs. mittee on Finance. Social Security Act to phase out the HUTCHISON) was added as a cosponsor of f 24-month waiting period for disabled S. 2810, a bill to amend title XVIII of individuals to become eligible for medi- the Social Security Act to eliminate SUBMISSION OF CONCURRENT AND care benefits, to eliminate the waiting months in 2006 from the calculation of SENATE RESOLUTIONS period for individuals with life-threat- any late enrollment penalty under the The following concurrent resolutions ening conditions, and for other pur- Medicare part D prescription drug pro- and Senate resolutions were read, and poses. gram and to provide for additional referred (or acted upon), as indicated: S. 1479 funding for State health insurance By Mr. BROWNBACK (for himself and At the request of Mr. DODD, the name counseling program and area agencies Mr. ROBERTS): of the Senator from New Jersey (Mr. on aging, and for other purposes.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.072 S26MYPT1 ycherry on PROD1PC64 with SENATE S5344 CONGRESSIONAL RECORD — SENATE May 26, 2006 S. 2970 on the front or first page of the policy a over the past decade, after accounting At the request of Mr. KERRY, the ‘‘Noncoverage Disclosure’’ box restating in for inflation. And too many borrowers names of the Senator from New Jersey plain English, in bold font twice the size of are overly burdened as they repay stu- the text in the body of the policy, all condi- (Mr. MENENDEZ) and the Senator from dent loans. When I travel in New York, tions, exclusions, and other limitations per- New Mexico (Mr. BINGAMAN) were taining to coverage under that policy, re- I meet young people all the time who added as cosponsors of S. 2970, a bill to gardless of the underlying insurance product say to me, ‘‘You know, Senator, I’d require the Secretary of Veterans Af- in question. like to go to nursing school or I’d like fairs to provide free credit monitoring SEC. 3. ENFORCEMENT. to be a teacher or I’d like to go into and credit reports for veterans and oth- (a) IN GENERAL.—Any violation of this Act law enforcement, but I’ve got so much ers affected by the theft of veterans’ shall be treated as a violation of a regulation debt that I can’t afford to do that.’’ We personal data, to ensure that such per- under section 18(a)(1)(B) of the Federal Trade need to make sure that student loans sons are appropriately notified of such Commission Act (15 U.S.C. 57a(a)(1)(B)) re- do not stand in people’s way and pre- thefts, and for other purposes. garding unfair or deceptive acts or practices. vent them from following their dreams. (b) REGULATIONS.—The Federal Trade Com- S. 2990 mission (referred to in this Act as the ‘‘Com- The burden of student loan debt can At the request of Mr. VITTER, the mission’’) shall promulgate regulations to put people in economic handcuffs, forc- name of the Senator from Georgia (Mr. carry out this Act. ing them out of important but low-pay- ISAKSON) was added as a cosponsor of S. SEC. 4. POWERS OF COMMISSION. ing professions or forcing them to 2990, a bill to amend title XVIII of the (a) IN GENERAL.—The Commission, acting delay the purchase of a home. Today 54 Social Security Act to restore finan- through the Division of Financial Practices percent of former students wish they cial stability to Medicare anesthesi- in the Bureau of Consumer Protection, shall had borrowed less for college, up from ology teaching programs for resident prevent any person from violating this Act, 31 percent in 1991. Student loan debt and any regulation promulgated thereunder, physicians. in the same manner, by the same means, and may even prevent borrowers from pur- S. 3064 with the same jurisdiction, powers and du- suing a higher degree. According to the At the request of Mr. AKAKA, the ties as though all applicable terms and provi- Nellie Mae Corporation, 40 percent of name of the Senator from Hawaii (Mr. sions of the Federal Trade Commission Act college graduates who do not go to INOUYE) was added as a cosponsor of S. (15 U.S.C. 41 et seq.) were incorporated into graduate school blame student loan 3064, a bill to express the policy of the and made a part of this Act. debt. Most disturbingly, the prospect (b) PENALTIES.—Any person who violates United States regarding the United that student loans will be burdensome regulations promulgated under this Act shall may prevent successful high school States relationship with native Hawai- be subject to the penalties and entitled to ians and to provide a process for the the privileges and immunities provided in students from going to college. Twenty recognition by the United States of the the Federal Trade Commission Act as though percent of low-income high school Native Hawaiian governing entity. all applicable terms and provisions of the graduates who are qualified for college S. 3172 Federal Trade Commission Act were incor- do not go to college. porated into and made part of this Act. At the request of Mrs. CLINTON, the The Student Borrower Bill of Rights (c) AUTHORITY PRESERVED.—Nothing in name of the Senator from Illinois (Mr. this Act shall be construed to limit the au- will make it easier for students to DURBIN) was added as a cosponsor of S. thority of the Commission under any other repay and give them rights that are en- 3172, a bill to establish an Office of provision of law. forceable. The bill will give students Emergency Communications, and for the right to shop for loans in a free other purposes. By Mrs. CLINTON (for herself marketplace. It will give students ac- S. 3176 and Ms. MIKULSKI): cess to better information about their At the request of Mr. JEFFORDS, his S. 3255. A bill to provide student bor- loans. The bill will give student bor- name was added as a cosponsor of S. rowers with basic rights, including the rowers the right to make fair, monthly 3176, a bill to protect the privacy of right to timely information about their payments that do not exceed a percent- veterans and spouses of veterans af- loans and the right to make fair and age of their incomes and fair interest fected by the security breach at the reasonable loan payments, and for rates and fees. The bill would also give Department of Veterans Affairs on May other purposes; to the Committee on students the right to borrow without 3, 2006, and for other purposes. Health, Education, Labor, and Pen- exploitation. sions. f We need this bill now to help stu- Mrs. CLINTON. Mr. President. I rise dents struggling to go to college. For STATEMENTS ON INTRODUCED today to introduce legislation to pro- the average family it now takes more BILLS AND JOINT RESOLUTIONS tect the rights of student borrowers income to pay for a child to go to col- By Mr. DAYTON (for himself and trying to repay their loans. Students lege than it did, as a percentage, 25 Mr. LOTT): are borrowing now more than ever to years ago. S. 3239. A bill to require full disclo- pay for higher education. Need-based So we need to do everything we can sure of insurance coverage and noncov- grant aid has stagnated while college to ensure all students can afford col- erage by insurance companies and pro- costs have grown. The result is more lege. It is in their best interest and it vide for Federal Trade Commission en- students borrowing and higher levels of is in the Nation’s best interest. forcement; to the Committee on Com- borrowing. In 1993, less than one-half of merce, Science, and Transportation. students graduating from 4-year col- I urge my colleagues to join me in Mr. DAYTON. Mr. President, I ask leges and universities had student supporting the Student Borrower Bill unanimous consent that the text of S. loans. Now two-thirds do. of Rights. 3239, the Honesty Is the Best Insurance Unlike other debt, you take out stu- Policy Act of 2006, be printed in the dent loans to invest in yourself. For By Mr. SPECTER (for himself RECORD. most people, that is a wise investment. and Mr. LEAHY): There being no objection, the bill was In the long run student loans help peo- S. 3274. A bill to create a fair and effi- ordered to be printed in the RECORD, as ple earn more money and have more cient system to resolve claims of vic- follows: choices in their careers. Student bor- tims for bodily injury caused by asbes- S. 3239 rowers must also take their respon- tos exposure, and for other purposes; sibilities seriously, so future genera- Be it enacted by the Senate and House of Rep- read the first time. tions of students can also benefit from resentatives of the United States of America in Mr. SPECTER. Mr. President, I am Congress assembled, the chance to borrow money—so they do not have to burden their families. introducing a revised bill on asbestos SECTION 1. SHORT TITLE. reform, with the sponsorship of Sen- This Act may be cited as the ‘‘Honesty is But today it is harder to pay back ator LEAHY. the Best Insurance Policy Act of 2006’’. loans than when I left school or when SEC. 2. UNLAWFUL ACT. most of the Members of this Chamber This is a subject which the Senate Each individual policy written by a State- did. The average debt burden for col- had considered earlier this year, and it registered insurance company shall include lege graduates has increased 58 percent is one which I hope we will return to.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.062 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5345 To give impetus to that, I am intro- ingly (98–1) to invoke cloture on the Asbestos leaves many victims in its ducing an amended version of the as- motion to proceed. While we pursued wake. First and foremost, those who bestos trust bill which makes very sub- substantive debate, opponents of the are sick and their families have suf- stantial improvements to satisfy inter- bill raised a non-substantive and never- fered greatly and do not receive fair ests and concerns raised by a number before used procedural obstacle that compensation in the tort system. As- of Senators. blocked the Senate from further con- bestos victims filing claims receive The bill provides for a more prompt sidering the legislation. This obstacle, only about 42 cents for every dollar recovery for the sickest claimants; a budgetary point of order, lacked any spent on asbestos litigation. The other stronger medical criteria; preserves the merit because the proposed asbestos 58 cents are consumed by the ex- ability of the bankruptcy trusts to con- trust fund simply does not collect or tremely high costs of litigation where tinue paying impaired claims; has an spend a single penny from the Amer- 31 cents of every dollar go to defense improved allocation formula for well- ican taxpayer. And let me make clear costs, and 27 go to plaintiffs’ attorneys insured and financially strapped de- that the commitment to using private, and other related costs. fendant companies; and it has a tighter non-taxpayer funds is iron-clad. The The flawed asbestos litigation system control on so-called leakage. trust fund considered back in February not only hurts the sick and their Last Friday, we lost a great Amer- and introduced again here today is cap- chances of receiving fair compensation, ican judge, Judge Edward R. Becker, italized exclusively by defendant com- but also claims other victims. These who made such an enormous contribu- panies, insurers and existing bank- include employees, retirees and share- tion to the structuring of this asbestos ruptcy trusts that have known asbestos holders of affected companies whose reform legislation. He gave his own liabilities. The bill expressly provides jobs, savings and retirement plans are time, came to Washington at his own that ‘‘[r]epayment of moneys borrowed jeopardized by the tidal wave of asbes- cost to preside over many meetings by the administrator . . . is limited tos lawsuits. With asbestos litigation with the so-called stakeholders, the solely to amounts available in the affecting so many companies, this also manufacturers, the trial lawyers, the [Fund].’’ It also states that ‘‘Nothing impacts the overall economy, including AFL–CIO representing labor, and the in this Act shall be construed to create jobs, pensions, stock prices, tax reve- insurance companies. He was working any obligation of funding from the nues and insurance costs. Indeed, ac- on this bill making calls to Senators United States Government, including cording to a 2002 study by Nobel lau- right up until the time that prostate any borrowing authorized . . .’’ With reate Joseph Stiglitz, asbestos bank- cancer took him a week ago today. these explicit statements throughout ruptcies have cost nearly 60,000 work- When I gave him a report of our the bill, it is abundantly clear that this ers their jobs and $200 million in lost progress when it was obvious that the legislation would not be a burden on wages. To make matters worse, em- end was very near, he said, ‘‘Win one the U.S. Treasury. In fact, the Congres- ployees’ retirement funds have shrunk for the Gipper.’’ And we want to win sional Budget Office confirmed these by 25 percent. one for the Gipper, for Judge Becker. statements in a letter dated February Even this country’s highest court has We want to win this one for America. 13, 2006, concluding that ‘‘the legisla- practically begged the Congress to fix I ask unanimous consent that the tion would be deficit-neutral over the this national asbestos litigation prob- full text of my prepared statement and life of the fund.’’ Therefore, it is time lem. In 1997—the first of several times the text of the bill be printed in the for the Senate to set aside these ob- it has commented on the growing as- RECORD. structionist tactics and move forward bestos problem—the Supreme Court ob- There being no objection, the mate- with this important legislation on its served: rial was ordered to be printed in the merits. The most objectionable aspects of this as- RECORD, as follows: The bill that I am introducing today bestos litigation can be briefly summarized: dockets in both federal and state courts con- Mr. SPECTER. I have sought recognition will provide substantial assurances of tinue to grow; long delays are routine; trials to comment about the status of on-going de- acceptable compensation to asbestos are too long; the same issues are litigated velopments on asbestos reform and am victims and substantial assurances to over and over; transaction costs exceed the pleased to introduce an amended version of manufacturers and insurers to resolve victims’ recovery by nearly two to one; ex- S.852, the Fairness in Asbestos Injury Reso- asbestos claims with finality. Over the haustion of assets threatens and distorts the lution Act of 2006, The ‘‘FAIR Act’’. In intro- past three decades, a solution to the process; and future claimants may lose alto- ducing this legislation today, I remind the asbestos crisis has eluded Congress and gether.... Senate of important unfinished business that it is duty-bound to complete for the sake of the courts. Some 77 companies have To the extent anyone argues that to- thousands of victims dying from asbestos-re- gone bankrupt, thousands of individ- day’s bill should proceed through reg- lated disease who are unable to secure com- uals who have been exposed to asbestos ular order, I would suggest that they pensation in today’s broken tort system. have deadly diseases—mesothelioma take a hard look at the extensive con- Judge Edward R. Becker and I worked for and other such ailments—and are not sideration and analysis given to this nearly three years on ways to improve S. 852, being compensated or, because of the bill beginning in early 2003 when then even after the bill was side-tracked on the unfairness of the current system, see Chairman Hatch first introduced S. Senate floor on February 14, 2006. Sadly, Judge Becker passed away on May 19, 2006. little of the awards they do win. A May 1125. Since that time, the Judiciary Judge Becker—a federal Judge for 34 years— 10, 2005 report released by the RAND Committee has held over 10 markups, 7 stands today as one of the greatest citizens Institute for Civil Justice estimates hearings, and, of course, countless in the history of the city of Philadelphia, that nonmalignants make up about 90 stakeholder meetings that were mod- one of the greatest judges in the history of percent of the litigation and most are erated by the late Judge Becker. I the United States, and one of my most dear unimpaired. According-to RAND, the can’t think of any other bill where and trusted friends. His contributions and number of claims continues to rise, more time, more effort, and more man- tireless work on this legislation helped bring with over 730,000 claims filed already hours have been committed to thor- the bill to its current point, and his commitment to solving the asbestos crisis in this and some 200,000 pending. The number oughly understand and address all the country should be remembered as the Senate of asbestos defendants also has risen complex issues in this bill. To assert moves forward on this bill. This new bill is a sharply, from about 300 in the 1980s, to that the legislation was not carefully product of our continued efforts to develop more than 8,400 today. Most of these drafted is one argument that has no the most fair and rationale system to replace defendants were users of the product, basis in reality. As a result of this the broken asbestos tort system. not asbestos manufacturers. These process, we now have before us a care- More than three months have past companies account for 85 percent of the fully analyzed and well thought since the Senate was prematurely di- U.S. economy and represent nearly through bill that tries to anticipate verted in its consideration of this im- every U.S. industry; including auto- every turn, every problem and every portant legislation. To remind my I makers, shipbuilders, textile mills, re- contingency that could occur down the colleagues, the majority leader brought tailers, insurers, shipbuilders, electric road if this Fund becomes law. the committee-reported asbestos bill to utilities and virtually every company The legislation being introduced the floor on February 6 and the fol- involved in manufacturing or construc- today builds on prior iterations of the lowing day this body voted overwhelm- tion in the last thirty years. trust fund concept. Under the proposal,

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.020 S26MYPT1 ycherry on PROD1PC64 with SENATE S5346 CONGRESSIONAL RECORD — SENATE May 26, 2006 the Department of Labor would house a should come as no surprise to anyone Claims: The new bill allows existing national no-fault asbestos trust fund because it essentially embodies the bankruptcy trusts to retain at least 10 privately financed and guaranteed by substitute bill that was pending on the percent of their assets to continue pay- defendant companies and insurers with floor months ago during the Senate’s ing pending impaired claims during the proven asbestos liabilities. The bill to- full consideration of asbestos reform Fund start-up period. This measure en- tally exempts small business from pay- last February. The trust fund bill being sures that impaired claimants receive ing into the Fund and provides a litany introduced today also includes specific compensation to pay medical bills of safeguards to ensure that defendant floor amendments filed by Members while preventing such claimants from companies do not encounter insolven- from both sides of the aisle and a hand- ‘‘double-dipping’’ by recovering more cies or inequities because of their con- ful of additional new changes that we than they would receive under the tributions. believe respond directly to concerns FAIR Act. Asbestos victims would submit their raised during the asbestos floor debate. Improved Allocation Formula for claims to the fund under specific and The floor amendments incorporated in Well-Insured and Financially Strapped detailed procedures and receive fair this bill include, among others, the Kyl Defendant Companies: Due to the in- compensation for their asbestos inju- 1.67 percent hardship amendment, herent financial pressures that con- ries they can meet certain medical cri- Landrieu amendment on gulf coast tributions to the trust fund could im- teria. These criteria are designed to hurricanes and World Trade Center vic- pose on manufacturers, the new bill prioritize monetary compensation for tims, and Coburn amendment regard- would provide for a much improved al- those with an actual impairment from ing B-readers. location formula for defendant compa- asbestos disease while providing med- Other changes made include meas- nies who contribute to the Fund. It in- ical monitoring to those who are not ures that address the well-insured de- corporates the Kyl 1.67 percent hard- fendant problem, and limitation on so sick or unimpaired. Most important, ship amendment which allows compa- called ‘‘dormant claims’’ that are the bill caps attorneys fees at 5 percent nies to contribute annually 1.67 percent barred from recovery through the for any monetary compensation that a of their gross revenues in lieu of the victim receives through the Fund. Fund. For the benefit of my colleagues tiering formula set forth in the bill. The national trust fund would oper- and their staff, we will circulate a de- This measure is particularly helpful to ate as a surrogate for the tort system tailed section by section summary of which would by and large cease to op- the bill early next week during the re- those smaller to medium size compa- erate upon enactment. Claimants with cess and an index of key changes from nies that are assigned to the higher individualized cases at trial or beyond the substitute. But for now, I would contribution tiers because of their sig- would be permitted to pursue that like to highlight some of the additional nificant asbestos liabilities. The bill claim in the tort system. But such features that I believe respond to con- also incorporates a provision that ad- cases would be few and far between cerns raised by Members on both sides dresses the often-heard problem involv- when measured against the massive of the aisle: ing well insured defendants who cur- amount of unimpaired consolidated Prompter Recovery for the Sickest rently pay little to no out-of-pocket lawsuits that are the prime culprit to Claimants: The new bill establishes costs in the tort system. Similar to the today’s litigation mess. safeguards to protect ‘‘gaming’’ of the Kyl hardship provision, this proposal The bill provides for a well thought start-up process so that those claim- would allow certain smaller to medium out start up process that ensures swift ants that are the sickest receive size companies to contribute to the compensation to terminal asbestos vic- prompt compensation. The bill also au- Fund based on 5 percent of their ad- tims and mandates a reversion to a thorizes the Administrator to begin re- justed cash flows rather than the modified tort system in the event the ceiving, reviewing and deciding claims amount specified in their assigned tier. trust fund cannot pay claims or ex- immediately following enactment of Tighter Control on So-Called ‘‘Leak- hausts the entire $140 billion. This lat- the FAIR Act. To ensure that claims age’’: The new bill further addresses ter point is especially important to processing begins immediately, the Ad- the ‘‘leakage’’ issue by improving the note given repeated concerns that I ministrator also is authorized to con- start-up process to ensure that exigent have heard from many members about tract with entities experienced in claims proceed through the trust fund the taxpayer being on the hook. Unlike claims processing on an expedited rather than the tort system. The new the Black Lung Program or other fed- basis. bill also closes significant loopholes to eral compensation program for that Stronger Medical Criteria: The new ensure that preempted claims are not matter, the asbestos trust fund will af- bill strengthens the medical criteria by revived and prevents so-called ‘‘dor- firmatively sunset once the $140 billion adopting numerous amendments and mant claims’’ (e.g., inactive claims in is used or if the Fund cannot pay suggestions offered by Dr. Coburn that the tort system that are still listed on claims. The sunset enables victims to would authorize random audits of affi- court dockets) from being filed with pursue their claims in court but in a davits, clarify that a claimant’s diag- the Fund. more equitable tort environment that nosis be made by a ‘‘treating’’ rather The new bill remains both integrated prohibits forum shopping and use of than ‘‘examining physician’’, require and comprehensive and reflective of a junk science to prove an asbestos claimants to provide detailed, specific remarkable will to enact legislation. claim. and credible affidavits as proof of sig- This has become evident to me based Every single time a concern has been nificant asbestos exposure, and dis- on over a hundred meetings that I have raised, Judge Becker and I have studied qualify certain plaintiffs’ friendly B- personally had with Members and staff the issue extensively. A case in point readers from participating in claims on the asbestos problem. The Senate was in September 2005, when the anal- administration. The current tort sys- plainly wants a more rational asbestos ysis by the Bates White firm alleged tem is riddled with fraud, stemming claims system, and I believe that this that the proposed fund would face largely from the ‘‘financially-moti- new legislation offers a realistic pros- claims of over $140 billion, I called for vated’’ relationship between plaintiffs’ pect of accomplishing that result. a hearing on this issue. The hearing, attorneys and many of the doctors con- If this amended bill is rejected, I do which was held by the Judiciary Com- ducting medical tests and screening. not see the agenda of the Senate Judi- mittee on November 17, 2005, we heard While S. 852 contained provisions which ciary Committee revisiting this issue. I testimony on both sides of the issue. addressed this issue (e.g., specified cannot conceive of a more strenuous ef- The Bates White study proved to be fa- criminal penalties for falsified claims, fort being directed to this subject that tally flawed. In fact, in December 2005, 5 percent limit on attorneys’ fees), has been done over the past three CBO confirmed its original cost esti- these added measures provide increased years. Let me make clear that this is mate, reaffirming that $140 billion protection against fraudulent practices the last best chance. would be sufficient to cover claims in determining the eligibility of a This said, I remain confident that filed for compensation under the trust claimant for compensation under the during debate on the Senate floor, we fund. trust fund. can forge and enact a bill that is fair to The asbestos trust fund bill that I am Preserves the Ability of Bankruptcy the claimants and to business and that introducing today with Senator LEAHY Trusts to Continue Paving Impaired will put an end once and for all to this

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.090 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5347 nightmare chapter in American legal, Sec. 205. Stepdowns and funding holidays. recognizing the national proportions of the economic and social history. If we can Sec. 206. Accounting treatment. problem . . . and creating a national asbestos summon the legislative will in a bipar- Subtitle B—Asbestos Insurers Commission dispute resolution scheme . . .’’. The Court found in 1997 in Amchem Products Inc. v. Sec. 210. Definition. tisan spirit, it can be done. Anything Windsor, 521 U.S. 591, 595 (1997), that ‘‘[t]he Sec. 211. Establishment of Asbestos Insurers less, would preserve the injustices of a argument is sensibly made that a nationwide Commission. system that even the highest court of administrative claims processing regime Sec. 212. Duties of Asbestos Insurers Com- this country has called upon the Con- would provide the most secure, fair, and effi- mission. cient means of compensating victims of as- gress to fix. Sec. 213. Powers of Asbestos Insurers Com- bestos exposure’’. In 1999, the Court in Ortiz Over the coming weeks, I plan on mission. v. Fibreboard Corp., 527 U.S. 819, 821 (1999), moving ahead with this bill and will do Sec. 214. Personnel matters. found that the ‘‘elephantine mass of asbestos everything in my power to see that the Sec. 215. Termination of Asbestos Insurers cases . . . defies customary judicial adminis- Commission. Senate finishes its business on asbestos tration and calls for national legislation’’. Sec. 216. Expenses and costs of Commission. reform. The Judiciary Committee has That finding was again recognized in 2003 by worked too hard and too long on this Subtitle C—Asbestos Injury Claims the Court in Norfolk & Western Railway Co. bill to see it all go to waste over a pro- Resolution Fund v. Ayers, 123 S. Ct. 1210 (2003). cedural and technical nuance. I urge Sec. 221. Establishment of Asbestos Injury (7) This crisis, and its significant effect on the Leader to schedule time for this Claims Resolution Fund. the health and welfare of the people of the important legislation in the coming Sec. 222. Management of the Fund. United States, on interstate and foreign Sec. 223. Enforcement of payment obliga- commerce, and on the bankruptcy system, months, and by introducing this bill tions. compels Congress to exercise its power to today I am hopeful that we make a Sec. 224. Interest on underpayment or non- regulate interstate commerce and create first big stride in that direction. The payment. this legislative solution in the form of a na- time is now for asbestos reform and Sec. 225. Education, consultation, screening, tional asbestos injury claims resolution pro- any further delay by this body will and monitoring. gram to supersede all existing methods to only prolong the suffering of asbestos Sec. 226. National Mesothelioma Research compensate those injured by asbestos, except victims, companies and their employ- and Treatment Program. as specified in this Act. TITLE III—JUDICIAL REVIEW (8) This crisis has also imposed a delete- ees. I yield the floor. rious burden upon the United States bank- Sec. 301. Judicial review of rules and regula- ruptcy courts, which have assumed a heavy S. 3274 tions. burden of administering complicated and Be it enacted by the Senate and House of Rep- Sec. 302. Judicial review of award decisions. protracted bankruptcies with limited per- resentatives of the United States of America in Sec. 303. Judicial review of participants’ as- sonnel. Congress assembled, sessments. (9) This crisis has devastated many com- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 304. Other judicial challenges. munities across the country, but hardest hit Sec. 305. Stays, exclusivity, and constitu- (a) SHORT TITLE.—This Act may be cited as has been Libby, Montana, where tremolite tional review. the ‘‘Fairness in Asbestos Injury Resolution asbestos, 1 of the most deadly forms of asbes- Act of 2006’’ or the ‘‘FAIR Act of 2006’’. TITLE IV—MISCELLANEOUS PROVISIONS tos, was contained in the vermiculite ore (b) TABLE OF CONTENTS.—The table of con- Sec. 401. False information. mined from the area and despite ongoing tents of this Act is as follows: Sec. 402. Effect on bankruptcy laws. cleanup by the Environmental Protection Sec. 1. Short title; table of contents. Sec. 403. Effect on other laws and existing Agency, many still suffer from the deadly Sec. 2. Findings and purpose. claims. dust. Sec. 3. Definitions. Sec. 404. Effect on insurance and reinsur- (10) The asbestos found in Libby, Montana, ance contracts. tremolite asbestos, has demonstrated an un- TITLE I—ASBESTOS CLAIMS usually high level of toxicity, as compared to RESOLUTION Sec. 405. Annual report of the Administrator and sunset of the Act. chrysotile asbestos. Diseases contracted Subtitle A—Office of Asbestos Disease Sec. 406. Rules of construction relating to li- from this tremolite asbestos are unique and Compensation ability of the United States highly progressive. These diseases typically Sec. 101. Establishment of Office of Asbestos Government. manifest in a characteristic pleural disease Disease Compensation. Sec. 407. Rules of construction. pattern, and often result in severe impair- Sec. 102. Advisory Committee on Asbestos Sec. 408. Violations of environmental health ment or death without radiographic intersti- Disease Compensation. and safety requirements. tial disease or typical chrysotile markers of Sec. 103. Medical Advisory Committee. Sec. 409. Nondiscrimination of health insur- radiographic severity. According to the Sec. 104. Claimant assistance. ance. Agency for Toxic Substances and Disease Registry previous studies by the National In- Sec. 105. Physicians Panels. TITLE V—ASBESTOS BAN Sec. 106. Program startup. stitutes of Occupational Safety and Health Sec. 107. Authority of the Administrator. Sec. 501. Prohibition on asbestos containing document significantly increased rates of products. Subtitle B—Asbestos Disease Compensation pulmonary abnormalities and disease (asbes- Sec. 502. Naturally occurring asbestos. Procedures tosis and lung cancer) among former work- SEC. 2. FINDINGS AND PURPOSE. ers. Sec. 111. Essential elements of eligible (a) FINDINGS.—Congress finds the fol- (11) Environmental Protection Agency sup- claim. lowing: ported studies have determined that the raw Sec. 112. General rule concerning no-fault (1) Millions of Americans have been ex- vermiculite ore mined and milled in Libby, compensation. posed to forms of asbestos that can have dev- Montana contained 21 to 26 percent asbestos, Sec. 113. Filing of claims. astating health effects. by weight. The milled ore, resulting from the Sec. 114. Eligibility determinations and (2) Various injuries can be caused by expo- processing in Libby, which was shipped out claim awards. Sec. 115. Auditing procedures. sure to some forms of asbestos, including of Libby contained markedly reduced per- pleural disease and some forms of cancer. centages of asbestos. A 1982 Environmental Subtitle C—Medical Criteria (3) The injuries caused by asbestos can Protection Agency-supported study con- Sec. 121. Medical criteria requirements. have latency periods of up to 40 years, and cluded that ore shipped out of Libby con- Subtitle D—Awards even limited exposure to some forms of as- tained 0.3 to 7 percent asbestos, by weight. Sec. 131. Amount. bestos may result in injury in some cases. (12) In Libby, Montana, exposure pathways Sec. 132. Medical monitoring. (4) Asbestos litigation has had a significant are and were not limited to the workplace, Sec. 133. Payment. detrimental effect on the country’s economy, rather, for decades there has been an unprec- Sec. 134. Setoffs for collateral source com- driving companies into bankruptcy, divert- edented 24 hour per day contamination of the pensation and prior awards. ing resources from those who are truly sick, community’s homes, playgrounds, gardens, Sec. 135. Certain claims not affected by pay- and endangering jobs and pensions. and community air, such that the entire ment of awards. (5) The scope of the asbestos litigation cri- community of Libby, Montana, has been des- sis cuts across every State and virtually ignated a Superfund site and is listed on the TITLE II—ASBESTOS INJURY CLAIMS every industry. Environmental Protection Agency’s Na- RESOLUTION FUND (6) The United States Supreme Court has tional Priorities List. Subtitle A—Asbestos Defendants Funding recognized that Congress must act to create (13) These multiple exposure pathways Allocation a more rational asbestos claims system. In have caused severe asbestos disease and Sec. 201. Definitions. 1991, a Judicial Conference Ad Hoc Com- death not only in former workers at the Sec. 202. Authority and tiers. mittee on Asbestos Litigation, appointed by mine and milling facilities, but also in the Sec. 203. Subtiers. Chief Justice William Rehnquist, found that workers’ spouses and children, and in com- Sec. 204. Assessment administration. the ‘‘ultimate solution should be legislation munity members who had no direct contact

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with the mine. According to the Environ- and future claimants of asbestos exposure as (4) ASBESTOS CLAIMANT.—The term ‘‘asbes- mental Protection Agency, some potentially provided in this Act; tos claimant’’ means an individual who files important alternative pathways for past as- (2) provide compensation to those present a claim under section 113. bestos exposure include elevated concentra- and future victims based on the severity of (5) CIVIL ACTION.—The term ‘‘civil action’’ tions of asbestos in ambient air and rec- their injuries, while establishing a system means all suits of a civil nature in State or reational exposures from children playing in flexible enough to accommodate individuals Federal court, whether cognizable as cases at piles of vermiculite. Furthermore, the Envi- whose conditions worsens; law or in equity or in admiralty, but does ronmental Protection Agency has deter- (3) relieve the Federal and State courts of not include an action relating to any work- mined that current potential pathways of ex- the burden of the asbestos litigation; and ers’ compensation law, or a proceeding for posure include vermiculite placed in walls (4) increase economic stability by resolv- benefits under any veterans’ benefits pro- and attics as thermal insulation, vermiculite ing the asbestos litigation crisis that has gram. or ore used as road bed material, ore used as bankrupted companies with asbestos liabil- (6) COLLATERAL SOURCE COMPENSATION.— ornamental landscaping, and vermiculite or ity, diverted resources from the truly sick, The term ‘‘collateral source compensation’’ concentrated ore used as a soil and garden and endangered jobs and pensions. means the compensation that the claimant amendment or aggregate in driveways. SEC. 3. DEFINITIONS. received, or is entitled to receive, from a de- (14) The Environmental Protection Agency In this Act, the following definitions shall fendant or an insurer of that defendant, or also concluded, ‘‘Asbestos contamination ex- apply: compensation trust as a result of a final ists in a number of potential source mate- (1) ADMINISTRATOR.—The term ‘‘Adminis- judgment or settlement for an asbestos-re- rials at multiple locations in and around the trator’’ means the Administrator of the Of- lated injury that is the subject of a claim residential and commercial area of Libby. . . fice of Asbestos Disease Compensation ap- filed under section 113. While data are not yet sufficient to perform pointed under section 101(b). (7) ELIGIBLE DISEASE OR CONDITION.—The reliable human-health risk evaluations for (2) ASBESTOS.—The term ‘‘asbestos’’ in- term ‘‘eligible disease or condition’’ means all sources and all types of disturbance, it is cludes— the extent that an illness meets the medical apparent that releases of fiber concentra- (A) chrysotile; criteria requirements established under sub- tions higher than Occupational Safety and (B) amosite; title C of title I. Health Administration standards may occur (C) crocidolite; (8) EMPLOYERS’ LIABILITY ACT.—The term in some cases . . . and that screening-level (D) tremolite asbestos; ‘‘Act of April 22, 1908 (45 U.S.C. 51 et seq.), estimates of lifetime excess cancer risk can (E) winchite asbestos; commonly known as the Employer’s Liabil- exceed the upper-bound risk range of 1E–04 (F) richterite asbestos; ity Act’’ shall, for all purposes of this Act, usually used by the Environmental Protec- (G) anthophyllite asbestos; include the Act of June 5, 1920 (46 U.S.C. App. tion Agency for residents under a variety of (H) actinolite asbestos; 688), commonly known as the Jones Act, and exposure scenarios. The occurrence of non- (I) asbestiform amphibole minerals; the related phrase ‘‘operations as a common occupational asbestos-related disease that (J) any of the minerals listed under sub- carrier by railroad’’ shall include operations has been observed among Libby residents is paragraphs (A) through (I) that has been as an employer of seamen. extremely unusual, and has not been associ- chemically treated or altered, and any (9) FUND.—The term ‘‘Fund’’ means the As- ated with asbestos mines elsewhere, sug- asbestiform variety, type, or component bestos Injury Claims Resolution Fund estab- gesting either very high and prolonged envi- thereof; and lished under section 221. ronmental exposures and/or increased tox- (K) asbestos-containing material, such as (10) INSURANCE RECEIVERSHIP PROCEEDING.— icity of this form of amphibole asbestos.’’. asbestos-containing products, automotive or The term ‘‘insurance receivership pro- (15) According to a November 2003 article industrial parts or components, equipment, ceeding’’ means any State proceeding with from the Journal Environmental Health Per- improvements to real property, and any respect to a financially impaired or insol- spectives titled, Radiographic Abnormalities other material that contains asbestos in any vent insurer or reinsurer including the liq- and Exposure to Asbestos-Contaminated physical or chemical form. uidation, rehabilitation, conservation, super- Vermiculite in the Community of Libby, (3) ASBESTOS CLAIM.— vision, or ancillary receivership of an insurer Montana, USA, Libby residents who have (A) IN GENERAL.—The term ‘‘asbestos under State law. evidence of ‘‘no apparent exposure’’, i.e., did claim’’ means any claim, premised on any (11) LAW.—The term ‘‘law’’ includes all not work with asbestos, were not a family theory, allegation, or cause of action for law, judicial or administrative decisions, member of a former worker, etc., had a damages or other relief presented in a civil rules, regulations, or any other principle or greater rate of pleural abnormalities (6.7 per- action or bankruptcy proceeding, directly, action having the effect of law. cent) than did those in control groups or indirectly, or derivatively arising out of, (12) PARTICIPANT.— general populations found in other studies based on, or related to, in whole or part, the (A) IN GENERAL.—The term ‘‘participant’’ from other states (which ranged from 0.2 per- health effects of exposure to asbestos, in- means any person subject to the funding recent to 4.6 percent). ‘‘Given the ubiquitous cluding loss of consortium, wrongful death, quirements of title II, including— nature of vermiculite contamination in and any derivative claim made by, or on be- (i) any defendant participant subject to li- Libby, along with historical evidence of ele- half of, any exposed person or any represent- ability for payments under subtitle A of that vated asbestos concentrations in the air, it ative, spouse, parent, child, or other relative title; would be difficult to find participants who of any exposed person. (ii) any insurer participant subject to a could be characterized as unexposed.’’. (B) EXCLUSION.—The term does not in- payment under subtitle B of that title; and (16) Nothing in this Act is intended to include— (iii) any successor in interest of a partici- crease the Federal deficit or impose any bur- (i) claims alleging damage or injury to tan- pant. den on the taxpayer. The Office of Asbestos gible property; (B) EXCEPTION.— Disease Compensation established under this (ii) claims for benefits under a workers’ (i) IN GENERAL.—A defendant participant Act shall be privately funded by annual pay- compensation law or veterans’ benefits pro- shall not include any person protected from ments from defendant participants that have gram; any asbestos claim by reason of an injunc- been subject to asbestos liability and their (iii) claims arising under any govern- tion entered in connection with a plan of reinsurers. Section 406(b) of this Act expressly mental or private health, welfare, disability, organization under chapter 11 of title 11, provides that nothing in this Act shall be death or compensation policy, program or United States Code, that has been confirmed construed to create any obligation of funding plan; by a duly entered order or judgment of a from the United States or to require the (iv) claims arising under any employment court that is no longer subject to any appeal United States to satisfy any claims if the contract or collective bargaining agreement; or judicial review, and the substantial con- amounts in the Fund are inadequate. Any (v) claims arising out of medical mal- summation, as such term is defined in sec- borrowing by the Fund is limited to monies practice; or tion 1101(2) of title 11, United States Code, of expected to be paid into the Fund, and the (vi) any claim arising under— such plan of reorganization has occurred. Administrator shall have no fiscal authority (I) the Americans with Disabilities Act of (ii) APPLICABILITY.—Clause (i) shall not beyond the amount of private money coming 1990 (42 U.S.C. 12101 et seq.); apply to a person who may be liable under into the Fund. This Act provides the Admin- (II) title VII of the Civil Rights Act of 1964 subtitle A of title II based on prior asbestos istrator with broad enforcement authority to (42 U.S.C. 2000e et seq.); expenditures related to asbestos claims that pursue debts to the Fund owed by defendant (III) the Age Discrimination in Employ- are not covered by an injunction described participants or insurer participants and ment Act of 1967 (29 U.S.C. 621 et seq.); under clause (i). their successors in interest. (IV) the Equal Pay Act of 1963 (29 U.S.C. (13) PERSON.—The term ‘‘person’’— (b) PURPOSE.—The purpose of this Act is 206); (A) means an individual, trust, firm, joint to— (V) the Family and Medical Leave Act of stock company, partnership, association, in- (1) create a privately funded, publicly ad- 1993 (29 U.S.C. 2601 et seq.); surance company, reinsurance company, or ministered fund to provide the necessary re- (VI) section 1979 of the Revised Statutes of corporation; and sources for a fair and efficient system to re- the United States (42 U.S.C. 1983); or (B) does not include the United States, any solve asbestos injury claims that will pro- (VII) the Rehabilitation Act of 1973 (29 State or local government, or subdivision vide compensation for legitimate present U.S.C. 701 et seq.). thereof, including school districts and any

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.077 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5349 general or special function governmental diately preceding that date, irrespective of (A) processing claims for compensation for unit established under State law. whether the debtor’s case under that title asbestos-related injuries and paying com- (14) STATE.—The term ‘‘State’’ means any has been dismissed; and pensation to eligible claimants under the State of the United States and also includes (ii) all of the direct or indirect majority- criteria and procedures established under the District of Columbia, Commonwealth of owned subsidiaries of a person described title I; Puerto Rico, the Northern Mariana Islands, under clause (i), regardless of whether any (B) determining, levying, and collecting as- the Virgin Islands, Guam, American Samoa, such majority-owned subsidiary has a case sessments on participants under title II; and any other territory or possession of the pending under title 11, United States Code; (C) appointing or contracting for the serv- United States or any political subdivision of and ices of such personnel, making such expendi- any of the entities under this paragraph. (B) shall not include an entity— tures, and taking any other actions as may (15) SUBSTANTIALLY CONTINUES.—The term (i) subject to chapter 7 of title 11, United be necessary and appropriate to carry out ‘‘substantially continues’’ means that the States Code, if a final decree closing the es- the responsibilities of the Office, including business operations have not been signifi- tate shall have been entered before the date entering into cooperative agreements with cantly modified by the change in ownership. of enactment of this Act; or other Federal agencies or State agencies and (16) SUCCESSOR IN INTEREST.—The term (ii) subject to chapter 11 of title 11, United entering into contracts with nongovern- ‘‘successor in interest’’ means any person States Code, if a plan of reorganization for mental entities; that, in 1 or a series of transactions, acquires such entity shall have been confirmed by a (D) conducting such audits and additional all or substantially all of the assets and duly entered order or judgment of a court oversight as necessary to assure the integ- properties (including, without limitation, that is no longer subject to any appeal or ju- rity of the program; under section 363(b) or 1123(b)(4) of title 11, dicial review, and the substantial con- (E) managing the Asbestos Injury Claims United States Code), and substantially consummation, as such term is defined in sec- Resolution Fund established under section tinues the business operations, of a partici- tion 1101(2) of title 11, United States Code, of 221, including— pant. The factors to be considered in deter- such plan of reorganization has occurred. (i) administering, in a fiduciary capacity, mining whether a person is a successor in in- (21) TRUST.—The term ‘‘trust’’ means any the assets of the Fund for the primary pur- terest include— trust, as described in sections 524(g)(2)(B)(i) pose of providing benefits to asbestos claim- (A) retention of the same facilities or loca- or 524(h) of title 11, United States Code, or ants and their beneficiaries; tion; established in conjunction with an order (ii) defraying the reasonable expenses of (B) retention of the same employees; issued under section 105 of title 11, United administering the Fund; (C) maintaining the same job under the States Code, established or formed under the (iii) investing the assets of the Fund in ac- same working conditions; terms of a chapter 11 plan of reorganization, cordance with section 222(b); (D) retention of the same supervisory per- which in whole or in part provides compensa- (iv) retaining advisers, managers, and sonnel; tion for asbestos claims. custodians who possess the necessary facili- (E) continuity of assets; ties and expertise to provide for the skilled (F) production of the same product or offer TITLE I—ASBESTOS CLAIMS RESOLUTION and prudent management of the Fund, to as- of the same service; Subtitle A—Office of Asbestos Disease sist in the development, implementation and (G) retention of the same name; Compensation maintenance of the Fund’s investment poli- (H) maintenance of the same customer SEC. 101. ESTABLISHMENT OF OFFICE OF ASBES- cies and investment activities, and to pro- base; TOS DISEASE COMPENSATION. vide for the safekeeping and delivery of the (I) identity of stocks, stockholders, and di- (a) IN GENERAL.— Fund’s assets; and rectors between the asset seller and the pur- (1) ESTABLISHMENT.—There is established (v) borrowing amounts authorized by sec- chaser; or within the Department of Labor the Office of tion 221(b) on appropriate terms and condi- (J) whether the successor holds itself out Asbestos Disease Compensation (hereinafter tions, including pledging the assets of or as continuation of previous enterprise, but referred to in this Act as the ‘‘Office’’), payments to the Fund as collateral; expressly does not include whether the per- which shall be headed by an Administrator. (F) promulgating such rules, regulations, son actually knew of the liability of the par- (2) PURPOSE.—The purpose of the Office is and procedures as may be necessary and ap- ticipant under this Act. to provide timely, fair compensation, in the propriate to implement the provisions of this (17) VETERANS’ BENEFITS PROGRAM.—The amounts and under the terms specified in Act; term ‘‘veterans’ benefits program’’ means this Act, on a no-fault basis and in a non- (G) making such expenditures as may be any program for benefits in connection with adversarial manner, to individuals whose necessary and appropriate in the administra- military service administered by the Vet- health has been adversely affected by expo- tion of this Act; erans’ Administration under title 38, United sure to asbestos. (H) excluding evidence and disqualifying or States Code. (3) TERMINATION OF THE OFFICE.—The Office debarring any attorney, physician, provider (18) WORKERS’ COMPENSATION LAW.—The of Asbestos Disease Compensation shall ter- of medical or diagnostic services, including term ‘‘workers’ compensation law’’— minate effective not later than 12 months laboratories and others who provide evidence (A) means a law respecting a program ad- following certification by the Administrator in support of a claimant’s application for ministered by a State or the United States that the Fund has neither paid a claim in the compensation where the Administrator de- to provide benefits, funded by a responsible previous 12 months nor has debt obligations termines that materially false, fraudulent, employer or its insurance carrier, for occu- remaining to pay. or fictitious statements or practices have pational diseases or injuries or for disability (4) EXPENSES.—There shall be available been submitted or engaged in by such indi- or death caused by occupational diseases or from the Fund to the Administrator such viduals or entities; and injuries; sums as are necessary for any and all ex- (I) having all other powers incidental, nec- (B) includes the Longshore and Harbor penses associated with the Office of Asbestos essary, or appropriate to carrying out the Workers’ Compensation Act (33 U.S.C. 901 et Disease Compensation and necessary to functions of the Office. seq.) and chapter 81 of title 5, United States carry out the purposes of this Act. Expenses (2) CERTAIN ENFORCEMENTS.—For each in- Code; and covered should include— fraction relating to paragraph (1)(H), the Ad- (C) does not include the Act of April 22, (A) management of the Fund; ministrator also may impose a civil penalty 1908 (45 U.S.C. 51 et seq.), commonly known (B) personnel salaries and expenses, includ- not to exceed $10,000 on any person or entity as the Employers’ Liability Act, or damages ing retirement and similar benefits; found to have submitted or engaged in a ma- recovered by any employee in a liability ac- (C) the sums necessary for conducting the terially false, fraudulent, or fictitious state- tion against an employer. studies required under this Act; ment or practice under this Act. The Admin- (19) CLASS ACTION TRUST.—The term ‘‘class (D) all administrative and legal expenses; istrator shall prescribe appropriate regula- action trust’’ means a trust or similar entity and tions to implement paragraph (1)(H). established to hold assets for the payment of (E) any other sum that could be attrib- (3) SELECTION OF DEPUTY ADMINISTRA- asbestos claims asserted against a debtor or utable to the Fund. TORS.—The Administrator shall select a Dep- participating defendant, under a settlement (b) APPOINTMENT OF ADMINISTRATOR.— uty Administrator for Claims Administra- that— (1) IN GENERAL.—The Administrator of the tion to carry out the Administrator’s respon- (A) is a settlement of class action claims Office of Asbestos Disease Compensation sibilities under this title and a Deputy Ad- under rule 23 of the Federal Rules of Civil shall be appointed by the President, by and ministrator for Fund Management to carry Procedure; and with the advice and consent of the Senate. out the Administrator’s responsibilities (B) has been approved by a final judgment The Administrator shall serve for a term of under title II of this Act. The Deputy Admin- of a United States district court before the 5 years. istrators shall report directly to the Admin- date of enactment of this Act. (2) REPORTING.—The Administrator shall istrator and shall be in the Senior Executive (20) DEBTOR.—The term ‘‘debtor’’— report directly to the Assistant Secretary of Service. (A) means— Labor for the Employment Standards Ad- (d) EXPEDITIOUS DETERMINATIONS.—The Ad- (i) a person that is subject to a case pend- ministration. ministrator shall prescribe rules to expedite ing under a chapter of title 11, United States (c) DUTIES OF ADMINISTRATOR.— claims for asbestos claimants with terminal Code, on the date of enactment of this Act or (1) IN GENERAL.—The Administrator shall circumstances in order to expedite the pay- at any time during the 1-year period imme- be responsible for— ment of such claims as soon as possible after

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.077 S26MYPT1 ycherry on PROD1PC64 with SENATE S5350 CONGRESSIONAL RECORD — SENATE May 26, 2006 startup of the Fund. The Administrator shall tise or experience relevant to the asbestos by section 5703 of title 5, United States Code, contract out the processing of such claims. compensation program, including experience for individuals in the Government serving (e) AUDIT AND PERSONNEL REVIEW PROCE- or expertise in diagnosing asbestos-related without pay. DURES.—The Administrator shall establish diseases and conditions, assessing asbestos SEC. 103. MEDICAL ADVISORY COMMITTEE. audit and personnel review procedures for exposure and health risks, filing asbestos (a) IN GENERAL.—The Administrator shall evaluating the accuracy of eligibility rec- claims, administering a compensation or in- establish a Medical Advisory Committee to ommendations of agency and contract per- surance program, or as actuaries, auditors, provide expert advice regarding medical sonnel. or investment managers. None of the mem- issues arising under the statute. (f) APPLICATION OF FOIA.— bers described in paragraph (2)(B) shall be in- (b) QUALIFICATIONS.—None of the members (1) IN GENERAL.—Section 552 of title 5, dividuals who, for each of the 5 years before of the Medical Advisory Committee shall be United States Code (commonly referred to as their appointments, earned more than 15 per- individuals who, for each of the 5 years be- the Freedom of Information Act) shall apply cent of their income by serving in matters fore their appointments, earned more than 15 to the Office of Asbestos Disease Compensa- related to asbestos litigation as consultants percent of their income by serving in mat- tion and the Asbestos Insurers Commission. or expert witnesses. ters related to asbestos litigation as consult- (2) CONFIDENTIALITY OF FINANCIAL (b) DUTIES.—The Advisory Committee shall ants or expert witnesses. RECORDS.— advise the Administrator on— SEC. 104. CLAIMANT ASSISTANCE. (A) IN GENERAL.—Any person may label (1) claims filing and claims processing pro- (a) ESTABLISHMENT.—Not later than 120 any record submitted under this section as a cedures; days after the enactment of this Act, the Ad- confidential commercial or financial record (2) claimant assistance programs; ministrator shall establish a comprehensive for the purpose of requesting exemption from (3) audit procedures and programs to en- asbestos claimant assistance program to— disclosure under section 552(b)(4) of title 5, sure the quality and integrity of the com- (1) publicize and provide information to po- United States Code. pensation program; tential claimants about the availability of (B) DUTIES OF ADMINISTRATOR AND CHAIR- (4) the development of a list of industries, benefits for eligible claimants under this MAN OF THE ASBESTOS INSURERS COMMISSION.— occupations and time periods for which there Act, and the procedures for filing claims and The Administrator and Chairman of the As- is a presumption of substantial occupational for obtaining assistance in filing claims; bestos Insurers Commission— exposure to asbestos; (2) provide assistance to potential claim- (i) shall adopt procedures for— (5) recommended analyses or research that ants in preparing and submitting claims, in- (I) handling submitted records marked should be conducted to evaluate past claims cluding assistance in obtaining the docu- confidential; and and to project future claims under the pro- mentation necessary to support a claim and (II) protecting from disclosure records they gram; any other appropriate paralegal assistance; determine to be confidential commercial or (6) the annual report required to be sub- (3) respond to inquiries from claimants and financial information exempt under section mitted to Congress under section 405; and potential claimants; 552(b)(4) of title 5, United States Code; and (7) such other matters related to the imple- (4) provide training with respect to the ap- (ii) may establish a pre-submission deter- mentation of this Act as the Administrator plicable procedures for the preparation and mination process to protect from disclosure considers appropriate. filing of claims to persons who provide as- records on reserves and asbestos-related li- (c) OPERATION OF THE COMMITTEE.— sistance or representation to claimants; and abilities submitted by any defendant partici- (1) Each member of the Advisory Com- (5) provide for the establishment of a pant that is exempt under section 552(b)(4) of mittee shall be appointed for a term of 3 website where claimants may access all rel- title 5, United States Code. years, except that, of the members first ap- evant forms and information. (C) REVIEW OF COMPLAINTS.—Nothing in pointed— (b) RESOURCE CENTERS.—The claimant as- this section shall supersede or preempt the (A) 6 shall be appointed for a term of 1 sistance program shall provide for the estab- de novo review of complaints filed under sec- year; lishment of resource centers in areas where tion 552(b)(4) of title 5, United States Code. (B) 7 shall be appointed for a term of 2 there are determined to be large concentra- (3) CONFIDENTIALITY OF MEDICAL RECORDS.— years; and tions of potential claimants. These centers Any claimant may designate any record sub- (C) 7 shall be appointed for a term of 3 shall be located, to the extent feasible, in fa- mitted under this section as a confidential years, as determined by the Administrator cilities of the Department of Labor or other personnel or medical file for purposes of sec- at the time of appointment. Federal agencies. tion 552 of title 5, United States Code. The (2) Any member appointed to fill a vacancy (c) CONTRACTS.—The claimant assistance Administrator and the Chairman of the As- occurring before the expiration of the term program may be carried out in part through bestos Insurers Commission shall adopt pro- shall be appointed only for the remainder of contracts with labor organizations, commu- cedures for designating such records as con- such term. nity-based organizations, and other entities fidential. (3) The Administrator shall designate a which represent or provide services to poten- SEC. 102. ADVISORY COMMITTEE ON ASBESTOS Chairperson and Vice Chairperson from tial claimants, except that such organiza- DISEASE COMPENSATION. among members of the Advisory Committee tions may not have a financial interest in (a) ESTABLISHMENT.— appointed under subsection (a)(2)(B). the outcome of claims filed with the Office. (1) IN GENERAL.—Not later than 120 days (4) The Advisory Committee shall meet at (d) LEGAL ASSISTANCE.— after the date of enactment of this Act, the the call of the Chairperson or the majority of (1) IN GENERAL.—As part of the program es- Administrator shall establish an Advisory its members, and at a minimum shall meet tablished under subsection (a), the Adminis- Committee on Asbestos Disease Compensa- at least 4 times per year during the first 5 trator shall establish a legal assistance pro- tion (hereinafter the ‘‘Advisory Com- years of the asbestos compensation program, gram to provide assistance to asbestos mittee’’). and at least 2 times per year thereafter. claimants concerning legal representation (2) COMPOSITION AND APPOINTMENT.—The (5) The Administrator shall provide to the issues. Advisory Committee shall be composed of 20 Committee such information as is necessary (2) LIST OF QUALIFIED ATTORNEYS.—As part members, appointed as follows— and appropriate for the Committee to carry of the program, the Administrator shall (A) The Majority and Minority Leaders of out its responsibilities under this section. maintain a roster of qualified attorneys who the Senate, the Speaker of the House, and The Administrator may, upon request of the have agreed to provide pro bono services to the Minority Leader of the House shall each Advisory Committee, secure directly from asbestos claimants under rules established appoint 4 members. Of the 4— any Federal, State, or local department or by the Administrator. The claimants shall (i) 2 shall be selected to represent the in- agency such information as may be nec- not be required to use the attorneys listed on terests of claimants, at least 1 of whom shall essary and appropriate to enable the Advi- such roster. be selected from among individuals rec- sory Committee to carry out its duties under (3) NOTICE.— ommended by recognized national labor fed- this section. Upon request of the Adminis- (A) NOTICE BY ADMINISTRATOR.—The Ad- erations; and trator, the head of such department or agen- ministrator shall provide asbestos claimants (ii) 2 shall be selected to represent the in- cy shall furnish such information to the Ad- with notice of, and information relating to— terests of participants, 1 of whom shall be se- visory Committee. (i) pro bono services for legal assistance lected to represent the interests of the in- (6) The Administrator shall provide the Ad- available to those claimants; and surer participants and 1 of whom shall be se- visory Committee with such administrative (ii) any limitations on attorneys fees for lected to represent the interests of the de- support as is reasonably necessary to enable claims filed under this title. fendant participants. it to perform its functions. (B) NOTICE BY ATTORNEYS.—Before a person (B) The Administrator shall appoint 4 (d) EXPENSES.—Members of the Advisory becomes a client of an attorney with respect members, who shall be individuals with Committee, other than full-time employees to an asbestos claim, that attorney shall qualifications and expertise in occupational of the United States, while attending meet- provide notice to that person of pro bono or pulmonary medicine, occupational health, ings of the Advisory Committee or while oth- services for legal assistance available for workers’ compensation programs, financial erwise serving at the request of the Adminis- that claim. administration, investment of funds, pro- trator, and while serving away from their (e) ATTORNEY’S FEES.— gram auditing, or other relevant fields. homes or regular places of business, shall be (1) LIMITATION.— (3) QUALIFICATIONS.—All of the members allowed travel and meal expenses, including (A) IN GENERAL.—Notwithstanding any described in paragraph (2) shall have exper- per diem in lieu of subsistence, as authorized contract, the representative of an individual

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may not receive, for services rendered in (1) a physician licensed in any State; (2) ELIGIBLE TERMINAL HEALTH CLAIMS.—A connection with the claim of an individual (2) board-certified in pulmonary medicine, claim shall qualify for treatment as a ter- under the Fund, more than 5 percent of a occupational medicine, internal medicine, minal health claim if— final monetary award made (whether by the oncology, or pathology; and (A) the claimant is living and provides a Administrator initially or as a result of ad- (3) an individual who, for each of the 5 diagnosis of mesothelioma meeting the re- ministrative review) under the Fund on such years before and during his or her appoint- quirements of section 121(d)(9); claim. ment to a Physicians Panel, has earned not (B) the claimant is living and provides a (B) REVIEW OF PROPOSED DECISION.— more than 15 percent of his or her income as credible declaration or affidavit, from a diag- (i) REASONABLE FEE.—If an individual seeks an employee of a participating defendant or nosing physician who has examined the a review of a proposed decision in accordance insurer or a law firm representing any party claimant within 120 days before the date of with section 114(d) and is awarded compensa- in asbestos litigation or as a consultant or such declaration or affidavit, that the physi- tion, the representative of such individual expert witness in matters related to asbestos cian has diagnosed the claimant as being ter- may, in lieu of seeking payment for services litigation. minally ill from an asbestos-related illness rendered subject to the limitation described (d) DUTIES.—Members of a Physicians and having a life expectancy of less than 1 under subparagraph (A), obtain a reasonable Panel shall— year due to such asbestos-related illness; or attorney’s fee to be paid from any compensa- (1) make such medical determinations as (C) the claimant is the spouse or child of tion recovered by the individual. are required to be made by Physicians Pan- an eligible terminal health claimant who— (ii) CALCULATION OF REASONABLE FEE.—Any els under section 121; and (i) was living when the claim was filed with fee obtained under clause (i) shall be cal- (2) perform such other functions as re- the Fund, or if before the implementation of culated by multiplying a reasonable hourly quired under this Act. interim regulations for the filing of claims rate by the number of hours reasonably ex- (e) COMPENSATION.—Notwithstanding any with the Fund, on the date of enactment of pended on the claim of the individual. limitation otherwise established under sec- this Act; (iii) REQUIREMENTS FOR COMPENSATION.—A tion 3109 of title 5, United States Code, the (ii) has since died from a malignant disease representative of an individual shall not be Administrator shall be authorized to pay or condition; and eligible to receive a fee under clause (i), un- members of a Physician Panel such com- (iii) has not received compensation from less— pensation as is reasonably necessary to ob- the Fund for the disease or condition for (I) such representative submits to the Ad- tain their services. which the claim was filed. ministrator detailed contemporaneous bill- (f) FEDERAL ADVISORY COMMITTEE ACT.—A (3) ADDITIONAL TERMINAL HEALTH CLAIMS.— ing records for any work actually performed Physicians Panel established under this sec- The Administrator may, in final regulations in the course of representation of an indi- tion shall not be subject to the Federal Advi- promulgated under section 101(c), designate vidual; sory Committee Act (5 U.S.C. App. 2). additional categories of claims that qualify (II) the Administrator finds, based on bill- as terminal health claims under this sub- ing records submitted by the representative SEC. 106. PROGRAM STARTUP. (a) IMMEDIATE STARTUP.— section except that exceptional medical under subclause (I), that the work for which claims may not proceed. compensation is sought was reasonably per- (1) IN GENERAL.—Subject to section 101(d), the Administrator may— (4) CLAIMS FACILITY.—To facilitate the formed, and that the requested hourly fee is prompt payment of terminal health claims reasonable; and (A) start receiving, reviewing, and deciding claims immediately upon the date of enact- prior to the Fund being certified as oper- (III) the claimant seeking a review of a ational, the Administrator shall contract proposed decision has been awarded mone- ment of this Act; and (B) reimburse the Department of Labor with a claims facility, which applying the tary compensation by the Administrator. medical criteria of section 121, shall process (iv) NO FEE FOR NO COMPENSATION.—If the from the Fund for any expense incurred— (i) before that date of enactment in prepa- and pay claims in accordance with section claimant is denied any compensation after 106(f)(2). The processing and payment of review of the claim, the claimant’s rep- ration for carrying out any of the responsibilities of the Administrator under this claims shall be subject to regulations pro- resentative may not receive a fee from either mulgated under this Act. the claimant or the Fund. Act; and (5) AUTHORIZATION FOR CONTRACTS WITH (2) PENALTY.—Any representative of an as- (ii) during the 60-day period following that date of enactment to carry out such respon- CLAIMS FACILITIES.—The Administrator may bestos claimant who violates this subsection enter into contracts with a claims facility shall be fined not more than the greater of— sibilities. (2) INTERIM REGULATIONS.—Not later than for the processing of claims (except for ex- (A) $5,000; or ceptional medical claims) in accordance with (B) twice the amount received by the rep- 90 days after the date of enactment of this Act, the Administrator shall promulgate in- this title. resentative for services rendered in connec- (d) PRIORITIZATION OF CLAIMS.—The Admin- tion with each such violation. terim regulations and procedures for the processing of claims under this title and the istrator shall, in final regulations promul- SEC. 105. PHYSICIANS PANELS. operation of the Fund under title II, includ- gated under section 101(c), designate cat- (a) APPOINTMENT.—The Administrator ing procedures for the expediting of terminal egories of claims to be handled on an expe- shall, in accordance with section 3109 of title dited basis. The Administrator shall health claims, and processing of claims 5, United States Code, appoint physicians prioritize the processing and payment of through the claims facility. with experience and competency in diag- health claims involving claimants with the (b) INTERIM PERSONNEL AND CONTRACTING.— nosing asbestos-related diseases to be avail- most serious health claims. The Adminis- The Secretary of Labor and the Assistant able to serve on Physicians Panels, as nec- trator shall also prioritize claims from Secretary of Labor for the Employment essary to carry out this Act. claimants who face extreme financial hard- (b) FORMATION OF PANELS.— Standards Administration shall make avail- ship. (1) IN GENERAL.—The Administrator shall able to the Administrator on a temporary (e) INTERIM ADMINISTRATOR.—Until an Ad- periodically determine— basis such personnel and other resources as ministrator is appointed and confirmed (A) the number of Physicians Panels nec- may be necessary to facilitate the expedi- under section 101(b), the responsibilities of essary for the efficient conduct of the med- tious startup of the program. The Adminis- the Administrator under this Act shall be ical review process under section 121; trator may in addition contract with individ- performed by the Assistant Secretary of (B) the number of Physicians Panels nec- uals or entities having relevant experience Labor for the Employment Standards Ad- essary for the efficient conduct of the excep- to assist in the expeditious startup of the ministration, who shall have all the author- tional medical claims process under section program including entering into contracts ity conferred by this Act on the Adminis- 121; and on an expedited or sole source basis during trator and who shall be deemed to be the Ad- (C) the particular expertise necessary for the startup period for the purpose of proc- ministrator for purposes of this Act. Before each panel. essing claims or providing financial analysis final regulations being promulgated relating (2) EXPERTISE.—Each Physicians Panel or assistance. Such relevant experience shall to claims processing, the Interim Adminis- shall be composed of members having the include, but not be limited to, experience trator may prioritize claims processing, particular expertise determined necessary by with the review of workers’ compensation, without regard to the time requirements pre- the Administrator, randomly selected from occupational disease, or similar claims and scribed in subtitle B of this title, based on among the physicians appointed under sub- with financial matters relevant to the oper- severity of illness and likelihood that expo- section (a) having such expertise. ation of the program. sure to asbestos was a substantial contrib- (3) PANEL MEMBERS.—Except as provided (c) TERMINAL HEALTH CLAIMS.— uting factor for the illness in question. under subparagraph (B), each Physicians (1) IN GENERAL.—The Administrator shall (f) STAY OF CLAIMS; RETURN TO TORT SYS- Panel shall consist of 3 physicians, 2 of develop procedures, as provided in section TEM.— whom shall be designated to participate in 106(f), to provide for an expedited process to (1) STAY OF CLAIMS.—Notwithstanding any each case submitted to the Physicians Panel, categorize, evaluate, and pay terminal other provision of this Act, any asbestos and the third of whom shall be consulted in health claims. Such procedures, as provided claim pending on the date of enactment of the event of disagreement. in section 106(f), shall include, pending pro- this Act, other than a claim to which section (c) QUALIFICATIONS.—To be eligible to serve mulgation of final regulations, adoption of 403(d)(2) applies or as otherwise provided in on a Physicians Panel under subsection (a), a interim regulations as needed for processing section 402(f), stayed. person shall be— of terminal health claims. (2) TERMINAL HEALTH CLAIMS.—

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(A) PROCEDURES FOR SETTLEMENT OF TER- (bb) the name of such claimant; and been provided under this clause on the MINAL HEALTH CLAIMS.— (cc) if applicable— website established under clause (v). (i) IN GENERAL.—Any person that has filed (AA) the name of the court where such (ix) SETTLEMENT OFFER.—Any participant a terminal health claim, as provided under claim was filed; or participants may, within 30 days after re- subsection (c)(2), seeking a judgment or (BB) the case or docket number of such ceipt of such notice as provided under clause order for monetary damages in any Federal claim; and (vii) or (viii), file and serve on all parties and or State court before the date of the enact- (CC) the date such claim was filed. the Administrator a good faith settlement ment of this Act, shall seek a settlement in (III) PROHIBITIONS.—The website estab- offer in an aggregate amount not to exceed accordance with this paragraph. Any person lished under subclause (I) shall not contain the total amount to which the claimant with a terminal health claim, as provided specific health or medical information or so- would receive under section 131. If the aggre- under subsection (c)(2), that arises after such cial security numbers. gate amount offered by all participants ex- date of enactment shall seek a settlement in (IV) PARTICIPANT ACCESS.—A participant’s ceeds the award determined by the Adminis- accordance with this paragraph. access to the website established under sub- trator, all offers shall be deemed reduced pro (ii) FILING.— clause (I) shall be limited on a need to know rata until the aggregate amount equals the (I) IN GENERAL.—At any time before the basis, and participants shall not disclose or award amount. An acceptance of such settle- Fund or claims facility is certified as oper- sell data, or retain data for purposes other ment offer for claims pending before the date ational and paying terminal health claims at than paying an asbestos claim. of enactment of this Act shall be subject to a reasonable rate, any person with a ter- (V) VIOLATIONS.—Any person or other enti- approval by the trial judge or authorized minal health claim as described under clause ty that violates any provision of this clause, magistrate in the court where the claim is (i) shall file a notice of their intent to seek including by breaching any data posted on pending. The court shall approve any such a settlement or shall file their exigent the website, shall be subject to an injunc- accepted offer within 20 days after a request, health claim with the Administrator or tion, or civil penalties, or both. unless there is evidence of bad faith or fraud. claims facility. Filing of an exigent health (vi) ADMINISTRATOR OR CLAIMS FACILITY No court approval is necessary if the ter- claim with the Administrator or claims fa- CERTIFICATION OF SETTLEMENT.— minal health claim was certified by the Ad- cility may serve as notice of intent to seek (I) DETERMINATION.—Within 60 days after ministrator or claims facility under clause a settlement. the information under clause (iii) is pro- (vi). (II) EXCEPTION.—Any person who seeks vided, the Administrator or claims facility (x) ACCEPTANCE OR REJECTION.—Within 20 compensation for an exigent health claim shall determine whether or not the claim days after receipt of the settlement offer, or from a trust in accordance with section 402(f) meets the requirements of a terminal health the amended settlement offer, the claimant shall not be eligible to seek a settlement or claim. shall either accept or reject such offer in settlement offer under this paragraph. (II) REQUIREMENTS MET.—If the Adminis- writing. If the amount of the settlement (iii) TERMINAL HEALTH CLAIM INFORMA- trator or claims facility determines that the offer made by the Administrator, claims fa- TION.—To file a terminal health claim, each claim meets the requirements of a terminal cility, or participants equals 100 percent of individual shall provide all of the following health claim, the Administrator or claims what the claimant would receive under the information: facility shall immediately— Fund, the claimant shall accept such settle- (I) The amount received or entitled to be (aa) issue and serve on all parties a certifi- ment in writing. received as a result of all collateral source cation of eligibility of such claim; (xi) OPPORTUNITY TO CURE.—If the settle- compensation under section 134, and copies (bb) determine the value of such claim ment offer is rejected for being less than of all settlement agreements and related under the Fund by subtracting from the what the claimant would receive under the documents sufficient to show the accuracy of amount in section 131 the total amount of Fund, the participants shall have 10 business that amount. collateral source compensation received by days to make an amended offer. If the (II) A description of any claims for com- the claimant; and amended offer equals 100 percent of what the pensation for an asbestos related injury or (cc) pay the award of compensation to the claimant would receive under the Fund, the disease filed by the claimant with any trust claimant under clause (xiii). claimant shall accept such settlement offer or class action trust, and the status or dis- (III) REQUIREMENTS NOT MET.—If the rein writing. If the settlement offer is again re- position or any such claims. quirements under clause (iii) are not met, jected as less than what the claimant would (III) All information that the claimant the claimant shall have 30 days to perfect receive under the Fund or if participants fail would be required to provide to the Adminis- the claim. If the claimant fails to perfect the to make an amended offer, the claimant trator in support of a claim under sections claim within that 30-day period or the Ad- shall recover 150 percent of what the claim- 113(c) and 121. ministrator or claims facility determines ant would receive under the Fund. If the (IV) A certification by the claimant that that the claim does not meet the require- amount of the amended settlement offer the information provided is true and comments of a terminal health claim, the claim made by the Administrator, claims facility, plete. The certification provided under this shall not be eligible to proceed under this or participants equals 150 percent of what subclause shall be subject to the same pen- paragraph. A claimant may appeal any deci- the claimant would receive under the Fund, alties for false or misleading statements that sion issued by a claims facility with the Ad- the claimant shall accept such settlement in would be applicable with regard to informa- ministrator in accordance with section 114. writing. tion provided to the Administrator or claims (vii) FAILURE TO CERTIFY.—If the Adminis- (xii) PAYMENT SCHEDULE.— facility in support of a claim. trator or claims facility is unable to process (I) MESOTHELIOMA CLAIMANTS.—For meso- (V) For terminal health claims arising the claim and does not make a determina- thelioma claimants— after the date of enactment of this Act, the tion regarding the certification of the claim (aa) an initial payment of 50 percent shall claimant shall identify each defendant that as required under clause (vi), the Adminis- be made within 30 days after the date the would be an appropriate defendant in a civil trator or claims facility shall within 10 days settlement is accepted and the second and action seeking damages for the asbestos after the end of the 60-day period referred to final payment shall be made 6 months after claim of the claimant. Identification of all under clause (vi)(I) provide notice of the fail- date the settlement is accepted; or potential participants shall be made in good ure to act to the claimant and the defend- (bb) if the Administrator determines that faith by the claimant. ants in the pending Federal or State court the payment schedule would impose a severe (iv) TIMING.—A claimant who has filed a action or the defendants identified under financial hardship on the Fund, or if the notice of their intent to seek a settlement clause (iii)(IV). If the Administrator or court determines that the settlement offer under clause (ii) shall within 60 days after claims facility fails to provide such notice would impose a severe financial hardship on filing notice provide to the Administrator or within 10 days, the claimant may elect to the participant, the payments may be ex- claims facility the information required provide the notice to the affected defendants tended 50 percent in 6 months and 50 percent under clause (iii). If a claimant has filed an to prompt a settlement offer. The Adminis- 11 months after the date the settlement offer exigent health claim under clause (ii) the trator or claims facility shall list all ter- is accepted. Administrator shall provide all affected de- minal health claims for which notice has (II) OTHER TERMINAL CLAIMANTS.—For fendants the information required under been provided under this clause on the other terminal claimants, as defined under clause (iii). website established under clause (v). section 106(c)(2)(B) and (C)— (v) WEBSITE.— (viii) FAILURE TO PAY.—If the Adminis- (aa) the initial payment of 50 percent shall (I) POSTING.—The Administrator or claims trator or claims facility does not pay the be made within 6 months after the date the facility shall post the information described award as required under clause (xiii), the Ad- settlement is accepted and the second and in subclause (II) to a secure website, acces- ministrator shall refer the certified claim final payment shall be made 12 months after sible on a passcode-protected basis to par- within 10 days as a certified terminal health date the settlement is accepted; or ticipants. claim to the defendants in the pending Fed- (bb) if the Administrator determines that (II) REQUIRED INFORMATION.—The website eral and State court action or to the poten- the payment schedule would impose a severe established under subclause (I) shall contain tial defendants identified under clause financial hardship on the Fund, or if the a listing of— (iii)(IV) for terminal claims arising after the court determines that the settlement offer (aa) each claimant that has filed a notice date of enactment of this Act. The Adminis- would impose a severe financial hardship on of intent to seek a settlement or claim under trator or claims facility shall list all ter- the participants, the payments may be ex- this clause; minal health claims for which notice has tended 50 percent within 1 year after the

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date the settlement offer is accepted and 50 the payment made by such participant to the (v) NONOPERATIONAL FUND.—Notwith- percent in 2 years after date the settlement terminal health claimant. standing any other provision of this Act, if offer is accepted. (3) PURSUAL OF NONTERMINAL ASBESTOS the Administrator subsequently issues a (III) RELEASE.—Once a claimant has re- CLAIMS IN FEDERAL OR STATE COURT.— nonoperational certification and notifies ceived final payment of the accepted settle- (A) IN GENERAL.— Congress that the Fund is unable to become ment offer, and penalty payment if applica- (i) PURSUAL OF CLAIMS.—Notwithstanding operational and pay all valid asbestos claims ble, the claimant shall release any out- any other provision of this Act, if not later at a reasonable rate, all asbestos claims have standing asbestos claims. than 24 months after the date of enactment been stayed or not filed may be filed or rein- (xiii) RECOVERY OF COSTS.— of this Act, the Administrator cannot certify stated in the appropriate Federal or State (I) IN GENERAL.—Any participant whose to Congress that the Fund is operational and court. settlement offer is accepted may recover the paying all valid claims at a reasonable rate, (4) RESERVATION OF RIGHTS.—Except as oth- cost of such settlement by deducting from any person with a nonterminal asbestos erwise provided in this Act, participation in the participant’s next and subsequent con- claim stayed, except for any person whose the offer and settlement process under this tributions to the Fund the full amount of the claim does not exceed a Level I claim, may subsection shall not affect or prejudice any payment made by such participant to the pursue that claim in the Federal district rights or defenses a party might have in any terminal health claimant, unless the Admin- court (if the claim is otherwise within the litigation. istrator finds, on the basis of clear and con- jurisdiction of the court) or State court lo- SEC. 107. AUTHORITY OF THE ADMINISTRATOR. vincing evidence, that the participant’s offer cated within— The Administrator, on any matter within is not in good faith. Any such payment shall (I) the State of residence of the claimant; the jurisdiction of the Administrator under be considered a payment to the Fund for pur- or this Act, may— poses of section 404(e)(1) and in response to (II) the State in which the asbestos expo- (1) issue subpoenas for and compel the at- the payment obligations imposed on partici- sure occurred. tendance of witnesses within a radius of 200 pants in title II. (ii) RULE OF CONSTRUCTION.—This subpara- miles; (II) REIMBURSEMENT.—Notwithstanding graph shall not be construed as creating a (2) administer oaths; subclause (I), if the deductions from the par- new Federal cause of action. (3) examine witnesses; ticipant’s next and subsequent contributions (B) DEFENDANTS NOT FOUND.—If any defend- (4) require the production of books, papers, to the Fund do not fully recover the cost of ant cannot be found in the State described documents, and other evidence; and such payments on or before its third annual under subparagraph (A) (i) or (ii), the claim (5) request assistance from other Federal contribution to the Fund, the Fund shall re- may be pursued in the Federal district court agencies with the performance of the duties imburse such participant for such remaining or State court located within any State in of the Administrator under this Act. cost not later than 6 months after the date of which the defendant may be found. the third scheduled Fund contribution. (C) DETERMINATION OF MOST APPROPRIATE Subtitle B—Asbestos Disease Compensation (xiv) FAILURE TO MAKE OFFER.—If partici- FORUM.—If a person alleges that the asbestos Procedures pants fail to make a settlement offer within exposure occurred in more than 1 county (or SEC. 111. ESSENTIAL ELEMENTS OF ELIGIBLE the 30-day period described under clause (ix) Federal district), the trial court shall deter- CLAIM. or make amended offers within the 10 busi- mine which State and county (or Federal dis- To be eligible for an award under this Act ness day cure period described under clause trict) is the most appropriate forum for the for an asbestos-related disease or injury, an (xi), the claimant shall be entitled to recover claim. If the court determines that another individual shall— 150 percent of what the claimant would re- forum would be the most appropriate forum (1) file a claim in a timely manner in ac- ceive under the Fund before the stay being for a claim, the court shall dismiss the cordance with sections 106(f)(2) and 113; and lifted under subparagraph (B). claim. Any otherwise applicable statute of (2) prove, by a preponderance of the evi- (xv) FAILURE TO PAY.—If a participant fails limitations shall be tolled beginning on the dence, that the claimant suffers from an eli- to pay an accepted settlement offer within date the claim was filed and ending on the gible disease or condition, as demonstrated the payment schedule under clause (xii), the date the claim is dismissed under this sub- by evidence that meets the requirements es- claimant shall be entitled to recover 150 per- paragraph. tablished under subtitle C. cent of what the claimant would receive (D) STATE VENUE REQUIREMENTS.—Nothing SEC. 112. GENERAL RULE CONCERNING NO- under the Fund before the stay being lifted in this paragraph shall preempt or supersede FAULT COMPENSATION. under subparagraph (B). If the stay is lifted any State law relating to venue require- An asbestos claimant shall not be required under subparagraph (B) the claimant may ments within that State which are more re- to demonstrate that the asbestos-related in- seek a judgment or order for monetary dam- strictive. jury for which the claim is being made re- ages from the court where the case is cur- (E) CREDIT OF CLAIM AND EFFECT OF OPER- sulted from the negligence or other fault of rently pending or the appropriate Federal or ATIONAL OR NONOPERATIONAL FUND.— any other person. State court for claims arising after the date (i) CREDIT OF CLAIM.—If an asbestos claim SEC. 113. FILING OF CLAIMS. of enactment of this Act. is pursued in Federal or State court in ac- (a) WHO MAY SUBMIT.— (B) STAY TERMINATED AND REVERSION TO cordance with this paragraph, any recovery (1) IN GENERAL.—Any individual who has COURT.—If 9 months after a terminal health by the claimant shall be a collateral source suffered from a disease or condition that is claim has been filed under subparagraph (A), compensation for purposes of section 134. believed to meet the requirements estab- a claimant has not received a settlement (ii) OPERATIONAL CERTIFICATION.—Oper- lished under subtitle C (or the personal rep- under subparagraph (A)(xii) and the Admin- ational certification shall be a filing in the resentative of the individual, if the indi- istrator has not certified to Congress that Federal Register confirming that the Fund is vidual is deceased or incompetent) may file a the Fund or claims facility is operational capable of operating and paying all valid as- claim with the Office for an award with re- and paying terminal health claims at a rea- bestos claims at a reasonable rate. spect to such injury. sonable rate, the stay of claim provided (iii) OPERATIONAL PRECONDITIONS.— (2) DEFINITION.—In this Act, the term ‘‘per- under paragraph (1) shall be lifted and such (I) The Administrator may not issue a sonal representative’’ shall have the same terminal health claimant, may immediately operational certification until— meaning as that term is defined in section seek a judgment or order for monetary dam- (aa) 60 days after the funding allocation in- 104.4 of title 28 of the Code of Federal Regu- ages from the court where the case is cur- formation required under section 221(e) has lations, as in effect on December 31, 2004. rently pending or the appropriate Federal or been published in the Federal Register; and (3) LIMITATION.—A claim may not be filed State court for claims arising after the date (bb) insurers subject to section 212(a)(3) by any person seeking contribution or in- of enactment of this Act. If a claimant has submit their names and information to the demnity. failed to file a claim or notice of intent to Administrator within 30 days after the date (4) EFFECT OF MULTIPLE INJURIES.— seek a settlement, as required under sub- of enactment of this Act and 60 days after (A) IN GENERAL.—A claimant who receives paragraph (A)(ii), the provisions of this sub- the Administrator publishes such informa- an award for an eligible disease or condition paragraph shall not apply. tion in the Federal Register. shall not be precluded from submitting (C) CREDIT OF CLAIM AND EFFECT OF OPER- (iv) OPERATIONAL FUND.—If the Adminis- claims for and receiving additional awards ATIONAL FUND.— trator issues an operational certification and under this title for any higher disease level (i) COLLATERAL SOURCE.—If an asbestos notifies Congress that the Fund has become for which the claimant becomes eligible, sub- claim is pursued in Federal or State court in operational and paying all valid asbestos ject to appropriate setoffs as provided under accordance with this paragraph, any recov- claims at a reasonable rate, any nonterminal section 134. ery by the claimant shall be a collateral asbestos claim in a civil action in Federal or (B) LIBBY, MONTANA CLAIMS.— source compensation for purposes of section State court that is not on trial before a jury (i) IN GENERAL.—Notwithstanding subpara- 134. which has been impaneled and presentation graph (A), if a Libby, Montana claimant (ii) RECOVERY OF COSTS.—Any participant of evidence has commenced, but before its worsens in condition, as measured by pul- may recover the cost of any claim continued deliberation, or before a judge and is at the monary function tests, such that a claimant in court for up to the amount the claimant presentation of evidence shall be deemed a qualifies for a higher nonmalignant level, would receive under the Fund by deducting reinstated claim against the Fund and the the claimant shall be eligible for an addi- from the participant’s next and subsequent civil action before the Federal or State court tional award, at the appropriate level, offset contributions to the Fund for that amount of shall be null and void. by any award previously paid under this Act,

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.078 S26MYPT1 ycherry on PROD1PC64 with SENATE S5354 CONGRESSIONAL RECORD — SENATE May 26, 2006 such that a claimant would qualify for Level tion of the trust’s funding adequacy or pro- as the claimant submits the information IV if the claimant satisfies section 121(f)(8), jected claims experience. necessary to complete the claim. If such in- and would qualify for Level V if the claimant (D) DORMANT CLAIMS.—A claimant shall formation is not received within 1 year after provides— have the benefit of the special limitations the date of such notification, the claim shall (I) a diagnosis of bilateral asbestos related period under subparagraph (A) only if the be dismissed. nonmalignant disease; claimant provides documentation that the SEC. 114. ELIGIBILITY DETERMINATIONS AND (II) evidence of TLC or FVC less than 60 claimant has filed a pleading, served a dis- CLAIM AWARDS. percent; and covery response or request for discovery, or (a) IN GENERAL.— (III) supporting medical documentation es- taken other action to prosecute the pending (1) REVIEW OF CLAIMS.—The Administrator tablishing asbestos exposure as a substantial asbestos claim within the 3-year period end- shall, in accordance with this section, deter- contributing factor in causing the pul- ing May 25, 2006, except that the failure to mine whether each claim filed under the monary condition in question, and excluding take such action to prosecute the pending Fund or claims facility satisfies the require- more likely causes of that pulmonary condi- asbestos claim shall not preclude the appli- ments for eligibility for an award under this tion. cation of the special limitations period Act and, if so, the value of the award. In (ii) SUBSEQUENT MALIGNANT DISEASE.—If a under subparagraph (A) if the claimant making such determinations, the Adminis- Libby, Montana, claimant develops malig- shows either— trator shall consider the claim presented by nant disease, such that the claimant quali- (i) that prosecution of the claim was the claimant, the factual and medical evi- fies for Level VI, VII, VIII, or IX, subpara- stayed during all or part of the 3-year period dence submitted by the claimant in support graph (A) shall apply. ending May 25, 2006, by court order or oper- of the claim, the medical determinations of (b) STATUTE OF LIMITATIONS.— ation of law; or any Physicians Panel to which a claim is re- (1) IN GENERAL.—If a claim is not filed with (ii) that the claimant has taken reasonable ferred under section 121, and the results of the Office within the limitations period spec- steps to prosecute the claim within the 3- such investigation as the Administrator may ified in this subsection for that category of year period ending May 25, 2006, and that the deem necessary to determine whether the claim, such claim shall be extinguished, and period of inactivity is the result of the ordi- any recovery thereon shall be prohibited. claim satisfies the criteria for eligibility es- nary, generally applicable procedures or tablished by this Act. (2) INITIAL CLAIMS.—An initial claim for an practices of the court in which such asbestos award under this Act shall be filed within 5 (2) ADDITIONAL EVIDENCE.—The Adminis- claim was pending. trator may request the submission of med- years after the date on which the claimant (c) REQUIRED INFORMATION.—A claim filed first received a medical diagnosis and medical evidence in addition to the minimum re- under subsection (a) shall be in such form, quirements of section 113(c) if necessary or ical test results sufficient to satisfy the cri- and contain such information in such detail, teria for the disease level for which the appropriate to make a determination of eli- as the Administrator shall by regulation pre- gibility for an award, in which case the cost claimant is seeking compensation. scribe. At a minimum, a claim shall in- (3) CLAIMS FOR ADDITIONAL AWARDS.— of obtaining such additional information or clude— testing shall be borne by the Office. (A) NONMALIGNANT DISEASES.—If a claim- (1) the name, social security number, gen- ant has previously filed a timely initial (b) PROPOSED DECISIONS.—Not later than 90 der, date of birth, and, if applicable, date of days after the filing of a claim, the Adminis- claim for compensation for any nonmalig- death of the claimant; nant disease level, there shall be no limita- trator shall provide to the claimant (and the (2) information relating to the identity of claimant’s representative) a proposed deci- tions period applicable to the filing of claims dependents and beneficiaries of the claimant; by the claimant for additional awards for sion accepting or rejecting the claim in (3) an employment history sufficient to es- whole or in part and specifying the amount higher disease levels based on the progres- tablish required asbestos exposure, accom- sion of the nonmalignant disease. of the proposed award, if any. The proposed panied by social security or other payment decision shall be in writing, shall contain (B) MALIGNANT DISEASES.—Regardless of records or a signed release permitting access whether the claimant has previously filed a findings of fact and conclusions of law, and to such records; shall contain an explanation of the proce- claim for compensation for any other disease (4) a description of the asbestos exposure of level, a claim for compensation for a malig- dure for obtaining review of the proposed de- the claimant, including, to the extent cision. nant disease level shall be filed within 5 known, information on the site, or location years after the claimant first obtained a (c) PAYMENTS IF NO TIMELY PROPOSED DE- of exposure, and duration and intensity of medical diagnosis and medical test results CISION.—If the Administrator has received a exposure; sufficient to satisfy the criteria for the ma- complete claim and, after the Fund has been (5) a description of the tobacco product use lignant disease level for which the claimant certified subject to section 106(f)(3)(E) has history of the claimant, including frequency is seeking compensation. not provided a proposed decision to the and duration; (4) EFFECT ON PENDING CLAIMS.— claimant under subsection (b) within 180 (6) an identification and description of the (A) IN GENERAL.—Subject to subparagraphs days after the filing of the claim, the claim asbestos-related diseases or conditions of the (C) and (D), if an asbestos claim that was shall be deemed accepted and the claimant claimant, accompanied by a written report timely filed within 10 years before the date shall be entitled to payment under section by the claimant’s physician with medical di- of enactment of this Act is pending as of 133(a)(2). If the Administrator subsequently agnoses and x-ray films, and other test re- that date and is preempted under section rejects the claim the claimant shall receive sults necessary to establish eligibility for an 403(e), a claim under this Act for the same no further payments under section 133. If the award under this Act; disease or condition may be filed with the Administrator subsequently rejects the (7) a description of any prior or pending Office under this section not later than 5 claim in part, the Administrator shall adjust civil action or other claim brought by the years after such date of enactment. future payments due the claimant under sec- claimant for asbestos-related injury or any (B) VETERANS.—For purposes of subpara- tion 133 accordingly. In no event may the other pulmonary, parenchymal, or pleural graph (A), any person with a timely filed as- Administrator recover amounts properly injury, including an identification of any re- bestos claim shall include any person who— paid under this section from a claimant. covery of compensation or damages through (i) is a veteran, as that term is defined (d) REVIEW OF PROPOSED DECISIONS.— settlement, judgment, or otherwise; and under section 101(2) of title 38, United States (1) RIGHT TO HEARING.— (8) for any claimant who asserts that he or Code; and (A) IN GENERAL.—Any claimant not satis- she is a nonsmoker or an ex-smoker, as de- (ii) on the date of enactment of this Act— fied with a proposed decision of the Adminis- fined in section 131, for purposes of an award (I) is receiving benefits for disability, trator under subsection (b) shall be entitled, under Malignant Level VI, Malignant Level caused by exposure to asbestos, under sec- on written request made within 90 days after VII, or Malignant Level VIII, evidence to tions 1110 (wartime disability), 1131 (peace- the date of the issuance of the decision, to a support the assertion of nonsmoking or ex- time disability), or 3102 (training and reha- hearing on the claim of that claimant before smoking, including relevant medical records. bilitation) of title 38, United States Code; or a representative of the Administrator. At (d) DATE OF FILING.—A claim shall be con- (II) has submitted an application for such sidered to be filed on the date that the the hearing, the claimant shall be entitled to benefits to the Department of Veterans Af- claimant mails the claim to the Office, as de- present oral evidence and written testimony fairs that is pending or is on administrative termined by postmark, or on the date that in further support of that claim. or judicial appeal. the claim is received by the Office, which- (B) CONDUCT OF HEARING.—When prac- (C) SPECIAL RULE.—For purposes of this ever is the earliest determinable date. ticable, the hearing will be set at a time and paragraph, a claim shall not be treated as (e) INCOMPLETE CLAIMS.—If a claim filed place convenient for the claimant. In con- pending with a trust established under title under subsection (a) is incomplete, the Ad- ducting the hearing, the representative of 11, United States Code, solely because a ministrator shall notify the claimant of the the Administrator shall not be bound by claimant whose claim was previously com- information necessary to complete the claim common law or statutory rules of evidence, pensated by the trust has or alleges— and inform the claimant of such services as by technical or formal rules of procedure, or (i) a noncontingent right to the payment of may be available through the Claimant As- by section 554 of title 5, United States Code, future installments of a fixed award; or sistance Program established under section except as provided by this Act, but shall con- (ii) a contingent right to recover some ad- 104 to assist the claimant in completing the duct the hearing in such manner as to best ditional amount from the trust on the occur- claim. Any time periods for the processing of ascertain the rights of the claimant. For this rence of a future event, such as the reevalua- the claim shall be suspended until such time purpose, the representative shall receive

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such relevant evidence as the claimant ad- ance with the methods developed under para- (A) IN GENERAL.—The Administrator may duces and such other evidence as the rep- graph (1) demonstrates that the medical evi- require the performance of blood tests or any resentative determines necessary or useful in dence submitted by a specific physician or other appropriate medical test, where claim- evaluating the claim. medical facility is not consistent with pre- ants assert they are nonsmokers or ex-smok- (C) REQUEST FOR SUBPOENAS.— vailing medical practices or the applicable ers for purposes of an award under Malignant (i) IN GENERAL.—A claimant may request a requirements of this Act, any medical evi- Level VI, VII, or VIII, or as an exceptional subpoena but the decision to grant or deny dence from such physician or facility shall medical claim, the cost of which shall be such a request is within the discretion of the be unacceptable for purposes of establishing paid by the Fund. representative of the Administrator. The eligibility for an award under this Act. (B) SERUM COTININE SCREENING.—The Ad- representative may issue subpoenas for the (B) NOTIFICATION.—Upon a determination ministrator shall require the performance of attendance and testimony of witnesses, and by the Administrator under subparagraph serum cotinine screening on all claimants for the production of books, records, cor- (A), the Administrator shall notify the phy- who assert they are nonsmokers or ex-smok- respondence, papers, or other relevant docu- sician or medical facility involved of the re- ers for purposes of an award under Malignant ments. Subpoenas are issued for documents sults of the audit. Such physician or facility Level VI, VII, or VIII, or as an exceptional only if such documents are relevant and can- shall have a right to appeal such determina- medical claim, the cost of which shall be not be obtained by other means, and for wit- tion under procedures issued by the Adminis- paid by the Fund. nesses only where oral testimony is the best trator. (4) PENALTY FOR FALSE STATEMENTS.—Any way to ascertain the facts. (C) SUBMISSION OF VALID EVIDENCE.—Claim- false information submitted under this sub- (ii) REQUEST.—A claimant may request a ants shall be allowed to submit valid evi- section shall be subject to criminal prosecu- subpoena only as part of the hearing process. dence if prior evidence is found unacceptable tion or civil penalties as provided under sec- To request a subpoena, the requester shall— for purposes of establishing eligibility for an tion 1348 of title 18, United States Code (as (I) submit the request in writing and send award under this Act. added by this Act) and section 101(c)(2). it to the representative as early as possible, (b) REVIEW OF CERTIFIED B-READERS.— (d) PULMONARY FUNCTION TESTING.—The but no later than 30 days after the date of (1) IN GENERAL.—The Administrator shall Administrator shall develop auditing proce- the original hearing request; and prescribe procedures to randomly evaluate dures for pulmonary function test results (II) explain why the testimony or evidence the x-rays submitted in support of a statis- submitted as part of a claim, to ensure that is directly relevant to the issues at hand, tically significant number of claims by inde- such tests are conducted in accordance with and a subpoena is the best method or oppor- pendent certified B-readers, the cost of American Thoracic Society Criteria, as de- tunity to obtain such evidence because there which shall be paid by the Fund. fined under section 121(a)(13). are no other means by which the documents (2) DISAGREEMENT.—If an independent cer- Subtitle C—Medical Criteria or testimony could have been obtained. tified B-reader assigned under paragraph (1) SEC. 121. MEDICAL CRITERIA REQUIREMENTS. (iii) FEES AND MILEAGE.—Any person re- disagrees with the quality grading or ILO quired by such subpoena to attend as a wit- (a) DEFINITIONS.—In this section, the fol- level assigned to an x-ray submitted in sup- ness shall be allowed and paid the same fees lowing definitions shall apply: port of a claim, the Administrator shall re- and mileage as are paid witnesses in the dis- (1) ASBESTOSIS DETERMINED BY PATHOL- trict courts of the United States. Such fees quire a review of such x-rays by a second OGY.—The term ‘‘asbestosis determined by and mileage shall be paid from the Fund. independent certified B-reader. pathology’’ means indications of asbestosis (3) EFFECT ON CLAIM.—If neither certified (2) REVIEW OF WRITTEN RECORD.—In lieu of based on the pathological grading system for a hearing under paragraph (1), any claimant B-reader under paragraph (2) agrees with the asbestosis described in the Special Issues of not satisfied with a proposed decision of the quality grading and the ILO grade level as- the Archives of Pathology and Laboratory Administrator shall have the option, on signed to an x-ray as part of the claim, the Medicine, ‘‘Asbestos-associated Diseases’’, written request made within 90 days after Administrator shall take into account the Vol. 106, No. 11, App. 3 (October 8, 1982). the date of the issuance of the decision, of findings of the 2 independent B readers in (2) BILATERAL ASBESTOS-RELATED NON- obtaining a review of the written record by a making the determination on such claim. MALIGNANT DISEASE.—The term ‘‘bilateral as- representative of the Administrator. If such (4) CERTIFIED B-READERS.—The Adminis- bestos-related nonmalignant disease’’ means review is requested, the claimant shall be af- trator shall maintain a list of a minimum of a diagnosis of bilateral asbestos-related non- forded an opportunity to submit any written 50 certified B-readers eligible to participate malignant disease based on— evidence or argument which the claimant be- in the independent reviews, chosen from all (A) an x-ray reading of 1/0 or higher based lieves relevant. certified B-readers. When an x-ray is sent for on the ILO grade scale; (e) FINAL DECISIONS.— independent review, the Administrator shall (B) bilateral pleural plaques; (1) IN GENERAL.—If the period of time for choose the certified B-reader at random from (C) bilateral pleural thickening; or requesting review of the proposed decision that list. (D) bilateral pleural calcification. expires and no request has been filed, or if (5) DISQUALIFICATION.—Any certified B- (3) BILATERAL PLEURAL DISEASE OF B2.—The the claimant waives any objections to the reader who has received compensation before term ‘‘bilateral pleural disease of B2’’ means proposed decision, the Administrator shall the date of enactment of this Act for assign- a chest wall pleural thickening or plaque issue a final decision. If such decision mate- ing an ILO grade level to an x-ray, where the with a maximum width of at least 5 millime- rially differs from the proposed decision, the amount of compensation depended on the as- ters and a total length of at least 1⁄4 of the claimant shall be entitled to review of the signed ILO grade level, is disqualified from projection of the lateral chest wall. decision under subsection (d). inclusion on the Administrator’s list. (4) CERTIFIED B-READER.—The term ‘‘cer- (2) TIME AND CONTENT.—If the claimant re- (c) SMOKING ASSESSMENT.— tified B-reader’’ means an individual who is quests review of all or part of the proposed (1) IN GENERAL.— certified by the National Institute of Occu- decision the Administrator shall issue a final (A) RECORDS AND DOCUMENTS.—To aid in pational Safety and Health and whose cer- decision on the claim not later than 180 days the assessment of the accuracy of claimant tification by the National Institute of Occu- after the request for review is received, if the representations as to their smoking status pational Safety and Health is up to date. claimant requests a hearing, or not later for purposes of determining eligibility and (5) DIFFUSE PLEURAL THICKENING.—The than 90 days after the request for review is amount of award under Malignant Level VI, term ‘‘diffuse pleural thickening’’ means received, if the claimant requests review of Malignant Level VII, or Malignant Level blunting of either costophrenic angle and bi- the written record. Such decision shall be in VIII, and exceptional medical claims, the lateral pleural plaque or bilateral pleural writing and contain findings of fact and con- Administrator shall have the authority to thickening. clusions of law. obtain relevant records and documents, in- (6) DLCO.—The term ‘‘DLCO’’ means the (f) REPRESENTATION.—A claimant may au- cluding— single-breath diffusing capacity of the lung thorize an attorney or other individual to (i) records of past medical treatment and (carbon monoxide) technique used to meas- represent him or her in any proceeding under evaluation; ure the volume of carbon monoxide trans- this Act. (ii) affidavits of appropriate individuals; ferred from the alveoli to blood in the pul- SEC. 115. AUDITING PROCEDURES. (iii) applications for insurance and sup- monary capillaries for each unit of driving (a) IN GENERAL.— porting materials; and pressure of the carbon monoxide. (1) DEVELOPMENT.—The Administrator (iv) employer records of medical examina- (7) FEV1.—The term ‘‘FEV1’’ means forced shall develop methods for auditing and eval- tions. expiratory volume (1 second), which is the uating the medical and exposure evidence (B) CONSENT.—The claimant shall provide maximal volume of air expelled in 1 second submitted as part of the claims process. The consent for the Administrator to obtain such during performance of the spirometric test Administrator may develop additional meth- records and documents where required. for forced vital capacity. ods for auditing and evaluating other types (2) REVIEW.—The frequency of review of (8) FVC.—The term ‘‘FVC’’ means forced of evidence or information received by the records and documents submitted under vital capacity, which is the maximal volume Administrator. paragraph (1)(A) shall be at the discretion of of air expired with a maximally forced effort (2) REFUSAL TO CONSIDER CERTAIN EVI- the Administrator, but shall address at least from a position of maximal inspiration. DENCE.— 5 percent of the claimants asserting status (9) ILO GRADE.—The term ‘‘ILO grade’’ (A) IN GENERAL.—If the Administrator de- as nonsmokers or ex-smokers. means the radiological ratings for the pres- termines that an audit conducted in accord- (3) CONSENT.— ence of lung changes as determined from a

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.078 S26MYPT1 ycherry on PROD1PC64 with SENATE S5356 CONGRESSIONAL RECORD — SENATE May 26, 2006 chest x-ray, all as established from time to son was exposed on a regular basis to asbes- (A) x-rays or computerized tomography; time by the International Labor Organiza- tos fibers, shall count as 4 years of substan- (B) detailed results of pulmonary function tion. tial occupational exposure. tests; (10) LOWER LIMITS OF NORMAL.—The term (E) DATES OF EXPOSURE.—Each year of ex- (C) laboratory tests; ‘‘lower limits of normal’’ means the fifth posure calculated under subparagraphs (B), (D) tissue samples; percentile of healthy populations as defined (C), and (D) that occurred before 1976 shall be (E) results of medical examinations; in the American Thoracic Society statement counted at its full value. Each year from 1976 (F) reviews of other medical evidence; and on lung function testing (Amer. Rev. Resp. to 1986 shall be counted as 1⁄2 of its value. (G) medical evidence that complies with Disease 1991, 144:1202–1218) and any future re- Each year after 1986 shall be counted as 1⁄10 of recognized medical standards regarding vision of the same statement. its value. equipment, testing methods, and procedure (11) NONSMOKER.—The term ‘‘nonsmoker’’ (F) OTHER CLAIMS.—Individuals who do not to ensure the reliability of such evidence as means a claimant who— meet the provisions of subparagraphs (A) may be submitted. (A) never smoked; or through (E) and believe their post-1976 or (B) has smoked fewer than 100 cigarettes or post-1986 exposures exceeded the Occupa- (c) EXPOSURE EVIDENCE.— the equivalent amount of other tobacco tional Safety and Health Administration (1) IN GENERAL.—To qualify for any disease products during the claimant’s lifetime. standard may submit evidence, documenta- level, the claimant shall demonstrate— (A) a minimum exposure to asbestos or as- (12) PO2.—The term ‘‘PO2’’ means the par- tion, work history, or other information to tial pressure (tension) of oxygen, which substantiate noncompliance with the Occu- bestos-containing products; measures the amount of dissolved oxygen in pational Safety and Health Administration (B) the exposure occurred in the United the blood. standard (such as lack of engineering or States, its territories or possessions, or (13) PULMONARY FUNCTION TESTING.—The work practice controls, or protective equip- while a United States citizen, while an em- term ‘‘pulmonary function testing’’ means ment) such that exposures would be equiva- ployee of an entity organized under any Fed- spirometry testing that is in material com- lent to exposures before 1976 or 1986, or to eral or State law regardless of location, or pliance with the quality criteria established documented exposures in similar jobs or oc- while a United States citizen while serving by the American Thoracic Society and is cupations where control measures had not on any United States flagged or owned ship, performed on equipment which is in material been implemented. Claims under this sub- provided the exposure results from such em- compliance with the standards of the Amer- paragraph shall be evaluated on an indi- ployment or service; and ican Thoracic Society for technical quality vidual basis by a Physicians Panel. (C) any additional asbestos exposure re- and calibration. (b) MEDICAL EVIDENCE.— quirement under this section. (14) SUBSTANTIAL OCCUPATIONAL EXPOSURE (1) LATENCY.—Unless otherwise specified, (2) PROOF OF EXPOSURE.— TO ASBESTOS.— all diagnoses of an asbestos-related disease (A) AFFIDAVITS.—Exposure to asbestos suf- (A) IN GENERAL.—The term ‘‘substantial for a level under this section shall be accom- ficient to satisfy the exposure requirements occupational exposure’’ means employment panied by— for any disease level may be established by a in an industry and an occupation where for a (A) a statement by the physician providing detailed and specific affidavit that— substantial portion of a normal work year the diagnosis that at least 10 years have (i) is filed by— for that occupation, the claimant— elapsed between the date of first exposure to (I) the claimant; or (i) handled raw asbestos fibers; asbestos or asbestos-containing products and (II) if the claimant is deceased, a coworker (ii) fabricated asbestos-containing prod- the diagnosis; or or a family member of the claimant; and ucts so that the claimant in the fabrication (B) a history of the claimant’s exposure (ii) is found in proceedings under this title process was exposed to raw asbestos fibers; that is sufficient to establish a 10-year la- to be— tency period between the date of first expo- (iii) altered, repaired, or otherwise worked (I) reasonably reliable, attesting to the sure to asbestos or asbestos-containing prod- with an asbestos-containing product such claimant’s exposure; and ucts and the diagnosis. that the claimant was exposed on a regular (II) credible and not contradicted by other basis to asbestos fibers; or (2) DIAGNOSTIC GUIDELINES.—All diagnoses evidence. (iv) worked in close proximity to other of asbestos-related diseases shall be based (B) OTHER PROOF.—Exposure to asbestos workers engaged in the activities described upon— may alternatively be established by invoices, under clause (i), (ii), or (iii), such that the (A) for disease Levels I through V, in the construction or other similar records, or any claimant was exposed on a regular basis to case of a claimant who was living at the other reasonably reliable and credible evi- asbestos fibers. time the claim was filed— dence. (B) REGULAR BASIS.—In this paragraph, the (i) a physical examination of the claimant term ‘‘on a regular basis’’ means on a fre- by the physician providing the diagnosis; (C) ADDITIONAL EVIDENCE.—The Adminis- quent or recurring basis. (ii) an evaluation of smoking history and trator may require submission of other or (15) TLC.—The term ‘‘TLC’’ means total exposure history before making a diagnosis; additional evidence of exposure, if available, lung capacity, which is the total volume of (iii) an x-ray reading by a certified B-read- for a particular claim when determined nec- air in the lung after maximal inspiration. er; and essary, as part of the minimum information (16) WEIGHTED OCCUPATIONAL EXPOSURE.— (iv) pulmonary function testing in the case required under section 113(c). (A) IN GENERAL.—The term ‘‘weighted oc- of disease Levels III, IV, and V; (D) EVALUATION.—The Administrator shall cupational exposure’’ means exposure for a (B) for disease Levels I through V, in the prescribe procedures to randomly evaluate period of years calculated according to the case of a claimant who was deceased at the the affidavits submitted to satisfy the expo- exposure weighting formula under subpara- time the claim was filed, a report from a sure requirements for any disease level. graphs (B) through (E). physician based upon a review of the claim- (3) TAKE HOME EXPOSURE.— (B) MODERATE EXPOSURE.—Subject to sub- ant’s medical records which shall include— (A) IN GENERAL.—A claimant may alter- paragraph (E), each year that a claimant’s (i) pathological evidence of the nonmalig- natively satisfy the medical criteria require- primary occupation, during a substantial nant asbestos-related disease; or ments of this section where a claim is filed portion of a normal work year for that occu- (ii) an x-ray reading by a certified B-read- by a person who alleges their exposure to as- pation, involved working in areas immediate er; bestos was the result of living with a person to where asbestos-containing products were (C) for disease Levels VI through IX, in the who, if the claim had been filed by that per- being installed, repaired, or removed under case of a claimant who was living at the son, would have met the exposure criteria for circumstances that involved regular air- time the claim was filed— the given disease level, and the claimant borne emissions of asbestos fibers, shall (i) a physical examination by the claim- lived with such person for the time period count as 1 year of substantial occupational ant’s physician providing the diagnosis; or necessary to satisfy the exposure require- exposure. (ii) a diagnosis of such a malignant asbes- ment, for the claimed disease level. (C) HEAVY EXPOSURE.—Subject to subpara- tos-related disease, as described in this sec- (B) REVIEW.—Except for claims for disease graph (E), each year that a claimant’s pri- tion, by a board-certified pathologist; and Level IX (mesothelioma), all claims alleging mary occupation, during a substantial por- (D) for disease Levels VI through IX, in the take home exposure shall be submitted as an tion of a normal work year for that occupa- case of a claimant who was deceased at the exceptional medical claim under section tion, involved the direct installation, repair, time the claim was filed— 121(g) for review by a Physicians Panel. or removal of asbestos-containing products (i) a diagnosis of such a malignant asbes- (4) WAIVER FOR WORKERS AND RESIDENTS OF such that the person was exposed on a reg- tos-related disease, as described in this sec- LIBBY, MONTANA.—Because of the unique na- ular basis to asbestos fibers, shall count as 2 tion, by a board-certified pathologist; and ture of the asbestos exposure related to the years of substantial occupational exposure. (ii) a report from a physician based upon a vermiculite mining and milling operations in (D) VERY HEAVY EXPOSURE.—Subject to review of the claimant’s medical records. Libby, Montana, the Administrator shall subparagraph (E), each year that a claim- (3) CREDIBILITY OF MEDICAL EVIDENCE.—To waive the exposure requirements under this ant’s primary occupation, during a substan- ensure the medical evidence provided in sup- subtitle for individuals who worked at the tial portion of a normal work year for that port of a claim is credible and consistent vermiculite mining and milling facility in occupation, was in primary asbestos manu- with recognized medical standards, a claim- Libby, Montana, or lived or worked within a facturing, a World War II shipyard, or the as- ant under this title may be required to sub- 20-mile radius of Libby, Montana, for at least bestos insulation trades, such that the permit— 12 consecutive months before December 31,

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Claimants under this section shall pro- tablishing asbestos exposure as a substantial (i) establishing asbestos exposure as a sub- vide such supporting documentation as the contributing factor in causing the pul- stantial contributing factor in causing the Administrator shall require. monary condition in question. pulmonary condition in question; and (5) EXPOSURE PRESUMPTIONS.— (3) NONMALIGNANT LEVEL III.—To receive (ii) excluding other more likely causes, (A) IN GENERAL.—The Administrator shall Level III compensation a claimant shall pro- other than silica, of that pulmonary condi- prescribe rules identifying specific indus- vide— tion. tries, occupations within such industries, (A) a diagnosis of bilateral asbestos-related (6) MALIGNANT LEVEL VI.— and time periods in which workers employed nonmalignant disease with ILO grade of 1/0 (A) IN GENERAL.—To receive Level VI comin those industries and occupations typically or greater and showing small irregular opac- pensation a claimant shall provide— had substantial occupational exposure to as- ities of shape or size, either ss, st, or tt, and (i) a diagnosis of a primary colorectal, la- bestos as defined under section 121(a). Until present in both lower lung zones, or asbes- ryngeal, esophageal, pharyngeal, or stomach 5 years after the Administrator certifies that tosis determined by pathology, or diffuse cancer on the basis of findings by a board- the Fund is paying claims at a reasonable pleural thickening, or bilateral pleural dis- certified pathologist; rate, the industries, occupations and time ease of B2 or greater; (ii) evidence of a bilateral asbestos-related periods identified by the Administrator shall (B) evidence of TLC less than 80 percent; nonmalignant disease; at a minimum include those identified in the FVC less than the lower limits of normal and 2002 Trust Distribution Process of the Man- FEV1/FVC ratio greater than or equal to 65 (iii) evidence of 15 or more weighted years ville Personal Injury Settlement Trust as of percent; or evidence of a decline in FVC of 20 of substantial occupational exposure to as- January 1, 2005, as industries, occupations, percent or greater, after allowing for the ex- bestos; and including proximity, and time periods in pected decrease due to aging, and an FEV1/ (iv) supporting medical documentation, which workers were presumed to have had FVC ratio greater than or equal to 65 percent such as a written opinion by the examining significant occupational exposure to asbes- documented with a second spirometry; or diagnosing physician, according to the di- tos. Thereafter, the Administrator may by (C) evidence of 5 or more weighted years of agnostic guidelines in section 121(b)(2), es- rule modify or eliminate those exposure pre- substantial occupational exposure to asbes- tablishing asbestos exposure as a substantial sumptions required to be adopted from the tos; and contributing factor in causing the cancer in Manville Personal Injury Settlement Trust, (D) supporting medical documentation, question. if there is evidence that demonstrates that such as a written opinion by the examining (B) REFERRAL TO PHYSICIANS PANEL.—All the typical exposure for workers in such in- or diagnosing physician, according to the di- claims filed with respect to Level VI under dustries and occupations during such time agnostic guidelines in section 121(b)(2)— this paragraph shall be referred to a Physi- periods did not constitute substantial occu- (i) establishing asbestos exposure as a sub- cians Panel for a determination that it is pational exposure in asbestos. stantial contributing factor in causing the more probable than not that asbestos expo- (B) CLAIMANTS ENTITLED TO PRESUMP- pulmonary condition in question; and sure was a substantial contributing factor in TIONS.—Any claimant who demonstrates (ii) excluding other more likely causes, causing the other cancer in question. If the through meaningful and credible evidence other than silica, of that pulmonary condi- claimant meets the requirements of subpara- that such claimant was employed during rel- tion. graph (A), there shall be a presumption of evant time periods in industries and occupa- (4) NONMALIGNANT LEVEL IV.—To receive eligibility for the scheduled value of com- tions identified under subparagraph (A) shall Level IV compensation a claimant shall pro- pensation unless there is evidence deter- be entitled to a presumption that the claim- vide— mined by the Physicians Panel that rebuts ant had substantial occupational exposure to (A) diagnosis of bilateral asbestos-related that presumption. In making its determina- asbestos during those time periods. That pre- nonmalignant disease with ILO grade of 1/1 tion under this subparagraph, the Physicians sumption shall not be conclusive, and the or greater and showing small irregular opac- Panel shall consider the intensity and dura- Administrator may find that the claimant ities of shape or size, either ss, st, or tt, and tion of exposure, smoking history, and the does not have substantial occupational expo- present in both lower lung zones, or asbes- quality of evidence relating to exposure and sure if other information demonstrates that tosis determined by pathology, or diffuse smoking. Claimants shall bear the burden of the claimant did not in fact have substantial pleural thickening, or bilateral pleural dis- producing meaningful and credible evidence occupational exposure during any part of the ease of B2 or greater; of their smoking history as part of their relevant time periods. (B) evidence of TLC less than 60 percent or claim submission. (C) CRITERIA REQUIREMENTS.—Nothing in FVC less than 60 percent, and FEV1/FVC (7) MALIGNANT LEVEL VII.— subparagraph (A) or (B) shall negate the ex- ratio greater than or equal to 65 percent; (A) IN GENERAL.—To receive Level VII com- posure or medical criteria requirements in (C) evidence of 5 or more weighted years of pensation, a claimant shall provide— section 121, for the purpose of receiving com- substantial occupational exposure to asbes- (i) a diagnosis of a primary lung cancer dis- pensation from the Fund. tos before diagnosis; and ease on the basis of findings by a board-cer- (6) PENALTY FOR FALSE STATEMENT.—Any (D) supporting medical documentation, tified pathologist; false information submitted under this sub- such as a written opinion by the examining (ii) evidence of bilateral pleural plaques or section shall be subject to section 1348 of or diagnosing physician, according to the di- bilateral pleural thickening or bilateral title 18, United States Code (as added by this agnostic guidelines in section 121(b)(2)— pleural calcification by chest x-ray or such Act). (i) establishing asbestos exposure as a sub- diagnostic methodology supported by the (d) ASBESTOS DISEASE LEVELS.— stantial contributing factor in causing the findings of the Institute of Medicine under (1) NONMALIGNANT LEVEL I.—To receive pulmonary condition in question; and Level I compensation, a claimant shall pro- (ii) excluding other more likely causes, subsection (f); vide— other than silica, of that pulmonary condi- (iii) evidence of 12 or more weighted years (A) a diagnosis of bilateral asbestos-related tion. of substantial occupational exposure to as- nonmalignant disease; and (5) NONMALIGNANT LEVEL V.—To receive bestos; and (B) evidence of 5 years cumulative occupa- Level V compensation a claimant shall pro- (iv) supporting medical documentation, tional exposure to asbestos. vide— such as a written opinion by the examining (2) NONMALIGNANT LEVEL II.—To receive (A) diagnosis of bilateral asbestos-related or diagnosing physician, according to the di- Level II compensation, a claimant shall pro- nonmalignant disease with ILO grade of 1/1 agnostic guidelines in section 121(b)(2), es- vide— or greater and showing small irregular opac- tablishing asbestos exposure as a substantial (A) a diagnosis of bilateral asbestos-related ities of shape or size, either ss, st, or tt, and contributing factor in causing the lung can- nonmalignant disease with ILO grade of 1/1 present in both lower lung zones, or asbes- cer in question. or greater, and showing small irregular opac- tosis determined by pathology, or diffuse (B) PHYSICIANS PANEL.—A claimant filing a ities of shape or size, either ss, st, or tt, and pleural thickening, or bilateral pleural disclaim relating to Level VII under this para- present in both lower lung zones, or asbes- ease of B2 or greater; graph may request that the claim be referred tosis determined by pathology, or blunting (B)(i) evidence of TLC less than 50 percent to a Physicians Panel for a determination of of either costophrenic angle and bilateral or FVC less than 50 percent, and FEV1/FVC whether the claimant qualifies for the dis- pleural plaque or bilateral pleural thick- ratio greater than or equal to 65 percent; ease category and relevant smoking status. ening of at least grade B2 or greater, or bi- (ii) DLCO less than 40 percent of predicted, In making its determination under this sub- lateral pleural disease of grade B2 or greater; plus a FEV1/FVC ratio not less than 65 per- paragraph, the Physicians Panel shall con- (B) evidence of TLC less than 80 percent or cent; or sider the intensity and duration of exposure, FVC less than the lower limits of normal, (iii) PO2 less than 55 mm/Hg, plus a FEV1/ smoking history, and the quality of evidence and FEV1/FVC ratio less than 65 percent; FVC ratio not less than 65 percent; relating to exposure and smoking. Claimants (C) evidence of 5 or more weighted years of (C) evidence of 5 or more weighted years of shall bear the burden of producing meaning- substantial occupational exposure to asbes- substantial occupational exposure to asbes- ful and credible evidence of their smoking tos; and tos; and history as part of their claim submission. (D) supporting medical documentation, (D) supporting medical documentation, (8) MALIGNANT LEVEL VIII.— such as a written opinion by the examining such as a written opinion by the examining (A) IN GENERAL.—To receive Level VIII or diagnosing physician, according to the di- or diagnosing physician, according to the di- compensation, a claimant shall provide a diagnostic guidelines in section 121(b)(2), es- agnostic guidelines in section 121(b)(2)— agnosis—

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If asbestos is the claimant, for reasons beyond the control irregular opacities of shape or size, either ss, not a substantial contributing factor to the of the claimant, cannot satisfy the require- st, or tt, and present in both lower lung particular cancerous disease under sub- ments under this section, but is able, zones; and section (d)(6), subsection (d)(6) shall not through comparably reliable evidence that (bb) 10 or more weighted years of substan- apply with respect to that disease and no meets the standards under this section, to tial occupational exposure to asbestos; claim may be filed with, or award paid from, show that the claimant has an asbestos-re- (II) of— the Fund with respect to that disease under lated condition that is substantially com- (aa) asbestosis based on a chest x-ray of at malignant Level VI. parable to that of a medical condition that least 1/1 on the ILO scale and showing small (f) INSTITUTE OF MEDICINE STUDY ON CT would satisfy the requirements of a category irregular opacities of shape or size, either ss, SCANS.— under this section. st, or tt, and present in both lower lung (1) IN GENERAL.—Not later than April 1, (C) ADDITIONAL INFORMATION.—A Physi- zones; and 2006, the Institute of Medicine of the Na- cians Panel may request additional reason- (bb) 8 or more weighted years of substan- tional Academy of Sciences shall complete a able testing to support the claimant’s appli- tial occupational exposure to asbestos; study contracted with the National Insti- cation. (III) asbestosis determined by pathology tutes of Health of the use of CT scans as a di- (D) CT SCAN.—A claimant may submit a CT and 10 or more weighted years of substantial agnostic tool for bilateral pleural plaques, Scan in addition to an x-ray. occupational exposure to asbestos; or bilateral pleural thickening, or bilateral (E) MESOTHELIOMA CASES.— (IV) asbestosis as determined by CT Scan, pleural calcification. (i) IN GENERAL.—The Physicals Panel shall the cost of which shall not be borne by the (2) FINDINGS.—The Institute of Medicine grant priority status to— Fund. The CT Scan must be interpreted by a shall make and issue findings based on the (I) all Level IX claims with other identifi- board-certified radiologist and confirmed by study required under paragraph (1) on wheth- able asbestos exposure as provided under a board-certified radiologist; and er— paragraph (9)(B)(iv); and (iii) supporting medical documentation, (A) CT scans are generally accepted in the (II) all Level IX claims that are filed as ex- such as a written opinion by the examining medical profession to detect bilateral pleural ceptional medical claims. or diagnosing physician, according to the di- plaques, bilateral pleural thickening, or bi- (ii) PHYSICIAN PANEL.—If the Physicians agnostic guidelines in section 121(b)(2), es- lateral pleural calcification; and Panel issues a certificate of medical eligi- tablishing asbestos exposure as a substantial (B) professional standards of practice exist bility, the claimant shall be deemed to qual- contributing factor in causing the lung can- to allow for the Administrator’s reasonable ify for Level IX compensation. If the Physi- cer in question; and 10 or more weighted reliance on such as evidence of bilateral cians Panel rejects the claim, and the Ad- years of substantial occupational exposure pleural plaques, bilateral pleural thickening, ministrator deems it rejected, the claimant to asbestos. or bilateral pleural calcification under the may immediately seek judicial review under Fund. (B) PHYSICIANS PANEL.—A claimant filing a section 302. claim with respect to Level VIII under this (3) REPORT.—The Institute of Medicine (5) APPROVAL.— paragraph may request that the claim be re- shall issue a report on the findings required (A) IN GENERAL.—If the Physicians Panel ferred to a Physicians Panel for a determina- under paragraph (2), which shall be trans- determines that the medical evidence is suf- tion of whether the claimant qualifies for mitted to Congress, the Administrator, the ficient to show a comparable asbestos-re- the disease category and relevant smoking Advisory Committee on Asbestos Disease lated condition, it shall issue a certificate of status. In making its determination under Compensation or the Medical Advisory Com- medical eligibility designating the category this subparagraph, the Physicians Panel mittee, and the Physicians Panels. of asbestos-related injury under this section shall consider the intensity and duration of (4) REPORT BINDING ON THE ADMINIS- for which the claimant shall be eligible to exposure, smoking history, and the quality TRATOR.—The Institute of Medicine report seek compensation. of evidence relating to exposure and smok- required under paragraph (3) shall be binding (B) REFERRAL.—Upon the issuance of a cer- ing. Claimants shall bear the burden of pro- on the Administrator and the Physicians tificate under subparagraph (A), the Physi- ducing meaningful and credible evidence of Panels for purposes of determining reliable cians Panel shall submit the claim to the their smoking history as part of their claim and acceptable evidence that may be sub- Administrator, who shall give due consider- submission. mitted for a Level VII claim under sub- ation to the recommendation of the Physi- section (d)(7). (9) MALIGNANT LEVEL IX.—To receive Level cians Panel in determining whether the (g) EXCEPTIONAL MEDICAL CLAIMS.— IX compensation, a claimant shall provide— claimant meets the requirements for com- (1) IN GENERAL.—A claimant who does not (A) a diagnosis of malignant mesothelioma pensation under this Act. meet the medical criteria requirements disease on the basis of findings by a board- (6) RESUBMISSION.—Any claimant whose ap- under this section may apply for designation certified pathologist; and plication for designation as an exceptional of the claim as an exceptional medical claim. (B) credible evidence of identifiable expo- medical claim is rejected may resubmit an (2) APPLICATION.—When submitting an ap- application if new evidence becomes avail- sure to asbestos resulting from— plication for review of an exceptional med- able. The application shall identify any prior (i) occupational exposure to asbestos; ical claim, the claimant shall— applications and state the new evidence that (ii) exposure to asbestos fibers brought (A) state that the claim does not meet the forms the basis of the resubmission. into the home of the claimant by a worker medical criteria requirements under this sec- (7) RULES.—The Administrator shall pro- occupationally exposed to asbestos; tion; or mulgate rules governing the procedures for (iii) exposure to asbestos fibers resulting (B) seek designation as an exceptional seeking designation of a claim as an excep- from living or working in the proximate vi- medical claim within 60 days after a deter- tional medical claim. cinity of a factory, shipyard, building demo- mination that the claim is ineligible solely (8) LIBBY, MONTANA.— lition site, or other operation that regularly for failure to meet the medical criteria re- (A) IN GENERAL.—A Libby, Montana claim- released asbestos fibers into the air due to , quirements under subsection (d). ant may elect to have the claimant’s claims operations involving asbestos at that site; or (3) REPORT OF PHYSICIAN.— designated as exceptional medical claims (iv) other identifiable exposure to asbestos (A) IN GENERAL.—Any claimant applying and referred to a Physicians Panel for re- fibers, in which case the claim shall be re- for designation of a claim as an exceptional view. In reviewing the medical evidence sub- viewed by a Physicians Panel under sub- medical claim shall support an application mitted by a Libby, Montana claimant in sup- section (g) for a determination of eligibility. filed under paragraph (1) with a report from port of that claim, the Physicians Panel (e) INSTITUTE OF MEDICINE STUDY.—Not later than April 1, 2006, the Institute of Med- a physician meeting the requirements of this shall take into consideration the unique and icine of the National Academy of Sciences section. serious nature of asbestos exposure in Libby, shall complete a study contracted with the (B) CONTENTS.—A report filed under sub- Montana, including the nature of the pleural National Institutes of Health to determine paragraph (A) shall include— disease related to asbestos exposure in whether there is a causal link between asbes- (i) a complete review of the claimant’s Libby, Montana. tos exposure and other cancers, including medical history and current condition; (B) CLAIMS.—For all claims for Levels II colorectal, laryngeal, esophageal, pharyn- (ii) such additional material by way of through IV filed by Libby, Montana claim- geal, and stomach cancers, except for meso- analysis and documentation as shall be pre- ants, as described under subsection (c)(4), thelioma and lung cancers. The Institute of scribed by rule of the Administrator; and once the Administrator or the Physicians Medicine shall issue a report on its findings (iii) a detailed explanation as to why the Panel issues a certificate of medical eligi- on causation, which shall be transmitted to claim meets the requirements of paragraph bility to a Libby, Montana claimant, and Congress, the Administrator, the Advisory (4)(B). notwithstanding the disease category des- Committee on Asbestos Disease Compensa- (4) REVIEW.— ignated in the certificate or the eligible dis- tion or the Medical Advisory Committee, and (A) IN GENERAL.—The Administrator shall ease or condition established in accordance the Physicians Panels. The Institute of Med- refer all applications and supporting docu- with this section, or the value of the award

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determined in accordance with section 114, (10) NATURALLY OCCURRING ASBESTOS.—A of the 12-year period preceding the diagnosis the Libby, Montana claimant shall be enti- claimant who has been exposed to naturally of lung cancer. tled to an award that is not less than that occurring asbestos may file an exceptional (3) LEVEL IX ADJUSTMENTS.— awarded to claimants who suffer from asbes- medical claim with the Fund. (A) IN GENERAL.—The Administrator may tosis, Level IV. For all malignant claims (11) ASBESTOS EXPOSURE AS THE RESULT OF increase awards for Level IX claimants who filed by Libby, Montana claimants, the A NATURAL OR OTHER DISASTER.— have dependent children so long as the in- Libby, Montana claimant shall be entitled to (A) IN GENERAL.—A claimant may file an crease under this paragraph is cost neutral. an award that corresponds to the malignant exceptional medical claim with the Fund if Such increased awards shall be paid for by disease category designated by the Adminis- such claimant has been exposed to asbestos decreasing awards for claimants other than trator or the Physicians Panel. in any area that is subject to a declaration Level IX, so long as no award levels are de- (C) EVALUATION OF CLAIMS.—For purposes by the President of a major disaster, as decreased more than 10 percent. of evaluating exceptional medical claims fined under section 102 of the Robert T. Staf- (B) IMPLEMENTATION.—Before making ad- from Libby, Montana, a claimant shall be ford Disaster Relief and Emergency Assist- justments under this paragraph, the Admin- deemed to have a comparable asbestos-re- ance Act (42 U.S.C. 5122), as the result of— istrator shall publish in the Federal Register lated condition to an asbestos disease cat- (i) the attack on the World Trade Center in notice of, and a plan for, making such ad- egory Level IV, and shall be deemed to qual- New York, New York on September 11, 2001; justments. ify for compensation at Level IV, if the or (4) SPECIAL ADJUSTMENT FOR FELA CASES.— claimant provides— (ii) Hurricane Katrina or Hurricane Rita of (A) IN GENERAL.—A claimant who would be (i) a diagnosis of bilateral asbestos related 2005 in the Gulf Region of the United States. eligible to bring a claim under the Act of nonmalignant disease; (B) REVIEW OF EVIDENCE.—In reviewing April 22, 1908 (45 U.S.C. 51 et seq.), commonly (ii) evidence of TLC or FVC less than 80 medical evidence submitted by a claimant known as the Employers’ Liability Act, but percent; and under subparagraph (A)(i) or (ii), the Physi- for section 403 of this Act, shall be eligible (iii) supporting medical documentation es- cians Panel shall take into consideration the for a special adjustment under this para- tablishing asbestos exposure as a substantial unique nature of these disasters and the po- graph. contributing factor in causing the pul- tential for asbestos exposure resulting from (B) REGULATIONS.— monary condition in question, and excluding these disasters. (i) IN GENERAL.—Not later than 90 days more likely causes of that pulmonary condi- (h) GUIDELINES FOR CT SCANS.—The Ad- after the date of enactment of this Act, the tion. ministrator shall commission the American Administrator shall promulgate regulations (9) STUDY OF VERMICULITE PROCESSING FA- College of Radiology to develop, in consulta- relating to special adjustments under this CILITIES.— tion with the American Thoracic Society, paragraph. (A) IN GENERAL.—As part of the ongoing American College of Chest Physicians, and (ii) JOINT PROPOSAL.—Not later than 45 National Asbestos Exposure Review (in this Institute of Medicine, guidelines and a meth- section referred to as ‘‘NAER’’) being con- odology for the use of CT scans as a diag- days after the date of enactment of this Act, ducted by the Agency for Toxic Substances nostic tool for bilateral pleural plaques, bi- representatives of railroad management and and Disease Registry (in this section referred lateral pleural thickening, or bilateral pleu- representatives of railroad labor shall sub- to as ‘‘ATSDR’’) of facilities that received ral calcification under the Fund. After devel- mit to the Administrator a joint proposal for vermiculite ore from Libby, Montana, the opment, such guidelines and methodology regulations describing the eligibility for and ATSDR shall conduct a study of all Phase 1 shall be used for diagnostic purposes under amount of special adjustments under this sites where— the Fund. paragraph. If a joint proposal is submitted, (i) the Environmental Protection Agency Subtitle D—Awards the Administrator shall promulgate regula- has mandated further action at the site on SEC. 131. AMOUNT. tions that reflect the joint proposal. the basis of current contamination; or (a) IN GENERAL.—An asbestos claimant who (iii) ABSENCE OF JOINT PROPOSAL.—If rail- (ii) the site was an exfoliation facility that meets the requirements of section 111 shall road management and railroad labor are un- processed roughly 100,000 tons or more of be entitled to an award in an amount deter- able to agree on a joint proposal within 45 vermiculite from the Libby mine. mined by reference to the benefit table and days after the date of enactment of this Act, (B) STUDY BY ATSDR.—The study by the the matrices developed under subsection (b). the benefits prescribed in subparagraph (E) ATSDR shall evaluate the facilities identi- (b) BENEFIT TABLE.— shall be the benefits available to claimants, fied under subparagraph (A) and compare— (1) IN GENERAL.—An asbestos claimant with and the Administrator shall promulgate reg- (i) the levels of asbestos emissions from an eligible disease or condition established ulations containing such benefits. such facilities; in accordance with section 121 shall be eligi- (iv) REVIEW.—The parties participating in (ii) the resulting asbestos contamination ble for an award as determined under this the arbitration may file in the United States in areas surrounding such facilities; subsection. The award for all asbestos claim- District Court for the District of Columbia a (iii) the levels of exposure to residents liv- ants with an eligible disease or condition es- petition for review of the Administrator’s ing in the vicinity of such facilities; tablished in accordance with section 121 order. The court shall have jurisdiction to (iv) the risks of asbestos-related disease to shall be according to the following schedule: affirm the order of the Administrator, or to the residents living in the vicinity of such Level Scheduled Condi- Scheduled Value set it aside, in whole or in part, or it may re- facilities; and tion or Disease mand the proceedings to the Administrator (v) the risk of asbestos-related mortality I ...... Asbestosis/Pleural Medical Moni- for such further action as it may direct. On to residents living in the vicinity of such fa- Disease A toring such review, the findings and order of the II ...... Mixed Disease $25,000 Administrator shall be conclusive on the cilities, With Impair- to the emissions, contamination, exposures, ment parties, except that the order of the Admin- and risks resulting from the mining of III ...... Asbestosis/Pleural $100,000 istrator may be set aside, in whole or in vermiculite ore in Libby, Montana. Disease B parts or remanded to the Administrator, for IV ...... Severe Asbestosis $400,000 (C) RESULTS OF STUDY.—The results of the failure of the Administrator to comply with V ...... Disabling Asbes- $850,000 study required under this paragraph shall be the requirements of this section, for failure tosis of the order to conform, or confine itself, to transmitted to the Administrator. If the VI ...... Other Cancer $200,000 ATSDR finds as a result of such study that, VII ...... Lung Cancer With smokers, $300,000; matters within the scope of the Administra- for any particular facility, the levels of Pleural Disease ex-smokers, tor’s jurisdiction, or for fraud or corruption. emissions from, the resulting contamination $725,000; (C) ELIGIBILITY.—An individual eligible to caused by, the levels of exposure to nearby nonsmokers, file a claim under the Act of April 22, 1908 (45 residents from, and the risks of asbestos-re- $800,000 U.S.C. 51 et seq.), commonly known as the VIII ..... Lung Cancer With smokers, $600,000; Employers’ Liability Act, shall be eligible lated disease and asbestos-related mortality Asbestosis ex-smokers, to nearby residents from such facility are $975,000; for a special adjustment under this para- substantially equivalent to those of Libby, nonsmokers, graph if such individual meets the criteria Montana, then the Administrator shall treat $1,100,000 set forth in subparagraph (F). claims from residents surrounding such fa- IX ...... Mesothelioma $1,100,000 (D) AMOUNT.— (i) IN GENERAL.—The amount of the special cilities the same as claims of residents of (2) DEFINITIONS.—In this section— Libby, Montana, and such residents shall (A) the term ‘‘nonsmoker’’ means a claim- adjustment shall be based on the type and have all the rights of residents of Libby, ant who— severity of asbestos disease, and shall be 110 Montana, under this Act. As part of the re- (i) never smoked; or percent of the average amount an injured in- sults of its study, the ATSDR shall prescribe (ii) has smoked fewer than 100 cigarettes or dividual with a disease caused by asbestos, for any such facility the relevant geographic the equivalent of other tobacco products dur- as described in section 121(d) of this Act, and temporal criteria under which the expo- ing the claimant’s lifetime; and would have received, during the 5-year period sures and risks to the surrounding residents (B) the term ‘‘ex-smoker’’ means a claim- before the enactment of this Act, adjusted are substantially equivalent to those of resi- ant who has not smoked during any portion for inflation. This adjustment shall be in ad- dents of Libby, Montana, and therefore qual- dition to any other award for which the ify for treatment under this paragraph. claimant is eligible under this Act. The

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.079 S26MYPT1 ycherry on PROD1PC64 with SENATE S5360 CONGRESSIONAL RECORD — SENATE May 26, 2006 amount of the special adjustment shall be re- any calendar year is the average of the con- of the Fund would be severely harmed by the duced by an amount reasonably calculated to sumer price index as of the close of the 12- timing of the payments required under sub- take into account all expenses of litigation month period ending on August 31 of such paragraph (B), the time for such payments normally borne by plaintiffs, including at- calendar year. may be extended to the shorter of— torney’s fees. (ii) DEFINITION.—For purposes of clause (i), (i) not later than 6 months after the date (ii) LIMITATION.—The amount under clause the term ‘‘consumer price index’’ means the the claim is approved by the Administrator; (i) may not exceed the amount the claimant consumer price index published by the De- or is eligible to receive before applying the spe- partment of Labor. The consumer price index (ii) not later than 11 months after the date cial adjustment under that clause. series to be used for award escalations shall the claim is filed. (E) ARBITRATED BENEFITS.—If railroad include the consumer price index used for (5) EXPEDITED PAYMENTS.— management and railroad labor are unable to all-urban consumers, with an area coverage (A) IN GENERAL.—The Administrator shall agree on a joint proposal within 45 days after of the United States city average, for all develop guidelines to provide for expedited the date of enactment of this Act, the Ad- items, based on the 1982–1984 index based pe- payments to asbestos claimants in cases of ministrator shall appoint an arbitrator to riod, as published by the Department of terminal health claims as described under determine the benefits under subparagraph Labor. section 106(c)(2)(B) and (C). (D). The Administrator shall appoint an arbi- SEC. 132. MEDICAL MONITORING. (B) TIMING OF PAYMENTS.—Total payments trator who shall be acceptable to both rail- (a) RELATION TO STATUTE OF LIMITATIONS.— shall be made within the shorter of— road management and railroad labor. Rail- The filing of a claim under this Act that (i) not later than 6 months after the date road management and railroad labor shall seeks reimbursement for medical monitoring the claim is approved by the Administrator; each designate their representatives to par- shall not be considered as evidence that the or ticipate in the arbitration. The arbitrator claimant has discovered facts that would (ii) not later than 1 year after the date the shall submit the benefits levels to the Ad- otherwise commence the period applicable claim is filed. ministrator not later than 30 days after ap- for purposes of the statute of limitations (C) TIMING OF PAYMENTS TO BE ADJUSTED pointment and such benefits levels shall be under section 113(b). WITH RESPECT TO SOLVENCY OF THE FUND.—If based on information provided by rail labor (b) COSTS.—Reimbursable medical moni- the Administrator determines that solvency and rail management. The information sub- toring costs shall include the costs of a of the Fund would be severely harmed by the mitted to the arbitrator by railroad manage- claimant not covered by health insurance for timing of the payments required under sub- ment and railroad labor shall be considered an examination by the claimant’s physician, paragraph (B), the time for such payments confidential and shall be disclosed to the x-ray tests, and pulmonary function tests may be extended to the shorter of— other party upon execution of an appropriate every 3 years. (i) not later than 1 year after the date the confidentiality agreement. Unless the sub- (c) REGULATIONS.—The Administrator shall claim is approved by the Administrator; or mitting party provides written consent, nei- promulgate regulations that establish— (ii) not later than 2 years after the date ther the arbitrator nor either party to the (1) the reasonable costs for medical moni- the claim is filed. arbitration shall divulge to any third party toring that is reimbursable; and (D) PRIORITIZATION OF CLAIMS.—The Ad- any information or data, in any form, sub- (2) the procedures applicable to asbestos ministrator shall, in final regulations pro- mitted to the arbitrator under this section. claimants. mulgated under section 101(c), designate cat- Nor shall either party use such information egories of claims to be handled on an expe- or data for any purpose other than participa- SEC. 133. PAYMENT. dited basis. The Administrator shall tion in the arbitration proceeding, and each (a) STRUCTURED PAYMENTS.— prioritize the processing and payment of party shall return to the other any informa- (1) IN GENERAL.—An asbestos claimant who health claims involving claimants with the tion it has received from the other party as is entitled to an award should receive the most serious health risks. The Adminis- soon the arbitration is concluded. Informa- amount of the award through structured trator shall also prioritize claims from tion submitted to the arbitrator may not be payments from the Fund, made over a period claimants who face extreme financial hard- admitted into evidence, nor discovered, in of 3 years, and in no event more than 4 years ship. any civil litigation in Federal or State court. after the date of final adjudication of the (6) ANNUITY.—An asbestos claimant may The nature of the information submitted to claim. the arbitrator shall be within the sole discre- (2) PAYMENT PERIOD AND AMOUNT.—There elect to receive any payments to which that tion of the submitting party, and the arbi- shall be a presumption that any award paid claimant is entitled under this title in the trator may not require a party to submit any under this subsection shall provide for pay- form of an annuity. (b) LIMITATION ON TRANSFERABILITY.—A particular information, including informa- ment of— claim filed under this Act shall not be as- tion subject to a prior confidentiality agree- (A) 40 percent of the total amount in year signable or otherwise transferable under this ment. 1; Act. (F) DEMONSTRATION OF ELIGIBILITY.— (B) 30 percent of the total amount in year (c) CREDITORS.—An award under this title 2; and (i) IN GENERAL.—A claimant under this shall be exempt from all claims of creditors (C) 30 percent of the total amount in year paragraph shall be required to demonstrate— and from levy, execution, and attachment or (I) employment of the claimant in the rail- 3. other remedy for recovery or collection of a road industry; (3) EXTENSION OF PAYMENT PERIOD.— debt, and such exemption may not be waived. (A) IN GENERAL.—The Administrator shall (II) exposure of the claimant to asbestos as (d) MEDICARE AS SECONDARY PAYER.—No part of that employment; and develop guidelines to provide for the pay- award under this title shall be deemed a pay- (III) the nature and severity of the asbes- ment period of an award under subsection (a) ment for purposes of section 1862 of the So- tos-related injury. to be extended to a 4-year period if such ac- cial Security Act (42 U.S.C. 1395y). (ii) MEDICAL CRITERIA.—In order to be eligi- tion is warranted in order to preserve the (e) EXEMPT PROPERTY IN ASBESTOS CLAIM- ble for a special adjustment a claimant shall overall solvency of the Fund. Such guide- ANT’S BANKRUPTCY CASE.—If an asbestos meet the criteria set forth in section 121 that lines shall include reference to the number claimant files a petition for relief under sec- would qualify a claimant for a payment of claims made to the Fund and the awards tion 301 of title 11, United States Code, no under Level II or greater. made and scheduled to be paid from the Fund award granted under this Act shall be treat- (5) MEDICAL MONITORING.—An asbestos as provided under section 405. ed as property of the bankruptcy estate of claimant with asymptomatic exposure, based (B) LIMITATIONS.—In no event shall less the asbestos claimant in accordance with on the criteria under section 121(d)(1), shall than 50 percent of an award be paid in the section 541(b)(6) of title 11, United States only be eligible for medical monitoring reim- first 2 years of the payment period under Code. bursement as provided under section 132. this subsection. (f) EFFECT OF PAYMENT.—The full payment (6) COST-OF-LIVING ADJUSTMENT.— (4) LUMP-SUM PAYMENTS.— of an asbestos claim under this section shall (A) IN GENERAL.—Beginning January 1, (A) In general.—The Administrator shall be in full satisfaction of such claim and shall 2007, award amounts under paragraph (1) develop guidelines to provide for 1 lump-sum be deemed to operate as a release to such shall be annually increased by an amount payment to asbestos claimants who are claim. No claimant with an asbestos claim equal to such dollar amount multiplied by mesothelioma victims and who are alive on that has been fully paid under this section the cost-of-living adjustment, rounded to the the date on which the Administrator re- may proceed in the tort system with respect nearest $1,000 increment. ceives notice of the eligibility of the claim- to such claim. (B) CALCULATION OF COST-OF-LIVING ADJUST- ant. SEC. 134. SETOFFS FOR COLLATERAL SOURCE MENT.—For the purposes of subparagraph (A), (B) TIMING OF PAYMENTS.—Lump-sum pay- COMPENSATION AND PRIOR the cost-of-living adjustment for any cal- ments shall be made within the shorter of— AWARDS. endar year shall be the percentage, if any, by (i) not later than 30 days after the date the (a) IN GENERAL.—The amount of an award which the consumer price index for the suc- claim is approved by the Administrator; or otherwise available to an asbestos claimant ceeding calendar year exceeds the consumer (ii) not later than 6 months after the date under this title shall be reduced by the price index for calendar year 2005. the claim is filed. amount of any collateral source compensa- (C) CONSUMER PRICE INDEX.— (C) TIMING OF PAYMENTS TO BE ADJUSTED tion and by any amounts paid or to be paid (i) IN GENERAL.—For the purposes of sub- WITH RESPECT TO SOLVENCY OF THE FUND.—If to the claimant for a prior award under this paragraph (B), the consumer price index for the Administrator determines that solvency Act.

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(b) EXCLUSIONS.— agreement at any time before December 31, ments required of the defendant participants (1) COLLATERAL SOURCE COMPENSATION.—In 2002, a sum in settlement, judgment, defense, among the tiers as provided in this title. no case shall statutory benefits under work- or indemnity to or on behalf of any person (3) ABILITY TO ENTER REORGANIZATION.— ers’ compensation laws, special adjustments defending against an asbestos claim, in con- Notwithstanding any other provision of this made under section 131(b)(3), occupational or nection with an alleged duty with respect to Act, all debtors that, together with all of total disability benefits under the Railroad the defense or indemnification of such per- their direct or indirect majority-owned sub- Retirement Act (45 U.S.C. 201 et seq.), sick- son concerning that asbestos claim, except sidiaries, have prior asbestos expenditures ness benefits under the Railroad Unemploy- that payments by an insurer or reinsurer less than $1,000,000 may proceed with the fil- ment Insurance Act (45 U.S.C. 351 et seq.), under a contract of insurance or reinsurance ing, solicitation, and confirmation of a plan and veterans’ benefits programs be deemed shall not make the insurer or reinsurer an of reorganization that does not comply with as collateral source compensation for pur- indemnitor for purposes of this subtitle. the requirements of this Act, including a poses of this section. (5) PRIOR ASBESTOS EXPENDITURES.—The trust and channeling injunction under sec- (2) PRIOR AWARD PAYMENTS.—Any amounts term ‘‘prior asbestos expenditures’’— tion 524(g) of title 11, United States Code. paid or to be paid for a prior claim for a non- (A) means the gross total amount paid by Any asbestos claim made in conjunction malignant disease (Levels I through V) filed or on behalf of a person at any time before with a plan of reorganization allowable against the Fund shall not be deducted as a December 31, 2002, in settlement, judgment, under the preceding sentence shall be subject setoff against amounts payable for the sec- defense, or indemnity costs related to all as- to section 403(d) of this Act. ond injury claims for a malignant disease bestos claims against that person; (b) TIER I.—Tier I shall include all debtors (Levels VI through IX), unless the malig- (B) includes payments made by insurance that, together with all of their direct or indi- nancy was diagnosed before the date on carriers to or for the benefit of such person rect majority-owned subsidiaries, have prior which the nonmalignancy claim was com- or on such person’s behalf with respect to asbestos expenditures greater than $1,000,000. pensated. such asbestos claims, except as provided in (c) TREATMENT OF TIER I BUSINESS ENTITIES SEC. 135. CERTAIN CLAIMS NOT AFFECTED BY section 204(g); IN BANKRUPTCY.— PAYMENT OF AWARDS. (C) shall not include any payment made by (1) DEFINITION.— (a) IN GENERAL.—The payment of an award a person in connection with or as a result of (A) IN GENERAL.—In this subsection, the under section 106 or 133 shall not be consid- changes in insurance reserves required by term ‘‘bankrupt business entity’’ means a ered a form of compensation or reimburse- contract or any activity or dispute related to person that is not a natural person that— ment for a loss for purposes of imposing li- insurance coverage matters for asbestos-re- (i) filed a petition for relief under chapter ability on any asbestos claimant receiving lated liabilities; and 11, of title 11, United States Code, before such payment to repay any— (D) shall not include any payment made by January 1, 2003; (1) insurance carrier for insurance pay- or on behalf of persons who are or were com- (ii) has not substantially consummated, as ments; or mon carriers by railroad for asbestos claims such term is defined under section 1101(2) of (2) person or governmental entity on ac- brought under the Act of April 22, 1908 (45 title 11, United States Code, a plan of reorga- count of worker’s compensation, health care, U.S.C. 51 et seq.), commonly known as the nization as of the date of enactment of this or disability payments. Employers’ Liability Act, as a result of oper- Act; and (b) NO EFFECT ON CLAIMS.— ations as a common carrier by railroad, in- (iii) the bankruptcy court presiding over (1) IN GENERAL.—The payment of an award cluding settlement, judgment, defense, or in- the business entity’s case determines, after to an asbestos claimant under section 106 or demnity costs associated with these claims. notice and a hearing upon motion filed by 133 shall not affect any claim of an asbestos (6) ULTIMATE PARENT.—The term ‘‘ultimate the entity within 30 days after the date of claimant against— parent’’ means a person— enactment of this Act, that asbestos liability (A) an insurance carrier with respect to in- (A) that owned, as of December 31, 2002, the was not the sole or precipitating cause of the surance; or entire beneficial interest, directly or indi- entity’s chapter 11 filing. (B) against any person or governmental en- rectly, of at least 1 other person; and (B) MOTION AND RELATED MATTERS.—A mo- tity with respect to worker’s compensation, (B) whose entire beneficial interest was not tion under subparagraph (A)(iii) shall be sup- healthcare, or disability. owned, on December 31, 2002, directly or indi- ported by— (2) RULE OF CONSTRUCTION.—Nothing in this rectly, by any other single person (other (i) an affidavit or declaration of the chief subsection shall be construed to authorize than a natural person). executive officer, chief financial officer, or the pursuit of a claim that is preempted (7) ASBESTOS PREMISES CLAIM.—The term chief legal officer of the business entity; and under section 403. ‘‘asbestos premises claim’’— (ii) copies of the entity’s public statements TITLE II—ASBESTOS INJURY CLAIMS (A) means an asbestos claim against a cur- and securities filings made in connection RESOLUTION FUND rent or former premises owner or landowner, with the entity’s filing for chapter 11 protec- Subtitle A—Asbestos Defendants Funding or person controlling or possessing premises tion. Allocation or land, alleging injury or death caused by Notice of such motion shall be as directed by SEC. 201. DEFINITIONS. exposure to asbestos on such premises or the bankruptcy court, and the hearing shall In this subtitle, the following definitions land or by exposure to asbestos carried off be limited to consideration of the question of shall apply: such premises or land on the clothing or be- whether or not asbestos liability was the (1) AFFILIATED GROUP.—The term ‘‘affili- longings of another person; and sole or precipitating cause of the entity’s ated group’’— (B) includes any such asbestos claim chapter 11 filing. The bankruptcy court shall (A) means a defendant participant that is against a current or former employer alleg- hold a hearing and make its determination an ultimate parent and any person whose ening injury or death caused by exposure to as- with respect to the motion within 30 days tire beneficial interest is directly or indi- bestos on premises or land owned, controlled after the date the motion is filed. In making rectly owned by that ultimate parent on the or possessed by the employer, if such claim its determination, the bankruptcy court date of enactment of this Act; and is not a claim for benefits under a workers’ shall take into account the affidavits, public (B) shall not include any person that is a compensation law or veterans’ benefits pro- statements, and securities filings, and other debtor or any direct or indirect majority- gram. information, if any, submitted by the entity owned subsidiary of a debtor. (8) ASBESTOS PREMISES DEFENDANT PARTICI- and all other facts and circumstances pre- (2) INDEMNIFIABLE COST.—The term PANT.—The term ‘‘asbestos premises defend- sented by an objecting party. Any review of ‘‘indemnifiable cost’’ means a cost, expense, ant participant’’ means any defendant par- this determination shall be an expedited ap- debt, judgment, or settlement incurred with ticipant for which 95 percent or more of its peal and limited to whether the decision was respect to an asbestos claim that, at any prior asbestos expenditures relate to asbes- against the weight of the evidence. Any ap- time before December 31, 2002, was or could tos premises claims against that defendant peal of a determination shall be an expedited have been subject to indemnification, con- participant. review to the United States Circuit Court of tribution, surety, or guaranty. SEC. 202. AUTHORITY AND TIERS. Appeals for the circuit in which the bank- (3) INDEMNITEE.—The term ‘‘indemnitee’’ (a) LIABILITY FOR PAYMENTS TO THE ruptcy is filed. means a person against whom any asbestos FUND.— (2) PROCEEDING WITH REORGANIZATION claim has been asserted before December 31, (1) IN GENERAL.—Defendant participants PLAN.—A bankrupt business entity may pro- 2002, who has received from any other per- shall be liable for payments to the Fund in ceed with the filing, solicitation, confirma- son, or on whose behalf a sum has been paid accordance with this section based on tiers tion, and consummation of a plan of reorga- by such other person to any third person, in and subtiers assigned to defendant partici- nization that does not comply with the re- settlement, judgment, defense, or indemnity pants. quirements of this Act, including a trust and in connection with an alleged duty with re- (2) AGGREGATE PAYMENT OBLIGATIONS channeling injunction described in section spect to the defense or indemnification of LEVEL.—The total payments required of all 524(g) of title 11, United States Code, not- such person concerning that asbestos claim, defendant participants over the life of the withstanding any other provisions of this other than under a policy of insurance or re- Fund shall not exceed a sum equal to Act, if the bankruptcy court makes a favor- insurance. $90,000,000,000 less any bankruptcy trust cred- able determination under paragraph (1)(B), (4) INDEMNITOR.—The term ‘‘indemnitor’’ its under section 222(d). The Administrator unless the bankruptcy court’s determination means a person who has paid under a written shall have the authority to allocate the pay- is overruled on appeal and all appeals are

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.079 S26MYPT1 ycherry on PROD1PC64 with SENATE S5362 CONGRESSIONAL RECORD — SENATE May 26, 2006 final. Such a bankrupt business entity may fendant participants to their original tier, on principles, consistently applied, using the continue to so proceed, if— a yearly basis, if the Administrator deter- amount reported as revenues in the annual (A) on request of a party in interest or on mines that the additional revenues that report filed with the Securities and Ex- a motion of the court, and after a notice and would be collected are needed to preserve the change Commission in accordance with the a hearing, the bankruptcy court presiding solvency of the Fund. Securities Exchange Act of 1934 (15 U.S.C. 78a over the chapter 11 case of the bankrupt (e) TIER PLACEMENT AND COSTS.— et seq.) for the most recent fiscal year end- business entity determines that such con- (1) PERMANENT TIER PLACEMENT.—After a ing on or before December 31, 2002. If the de- firmation is required to avoid the liquidation defendant participant or affiliated group is fendant participant or affiliated group does or the need for further financial reorganiza- assigned to a tier and subtier under section not file reports with the Securities and Ex- tion of that entity; and 204(i)(6), the participant or affiliated group change Commission, revenues shall be the (B) an order confirming the plan of reorga- shall remain in that tier and subtier amount that the defendant participant or af- nization is entered by the bankruptcy court throughout the life of the Fund, regardless of filiated group would have reported as reve- within 9 months after the date of enactment subsequent events, including— nues under the rules of the Securities and of this Act or such longer period of time ap- (A) the filing of a petition under a chapter Exchange Commission in the event that it proved by the bankruptcy court for cause of title 11, United States Code; had been required to file. shown. (B) a discharge of debt in bankruptcy; (B) INSURANCE PREMIUMS.—Any portion of (3) APPLICABILITY.—If the bankruptcy (C) the confirmation of a plan of reorga- revenues of a defendant participant that is court does not make the determination re- nization; or derived from insurance premiums shall not quired under paragraph (2), or if an order (D) the sale or transfer of assets to any be used to calculate the payment obligation confirming the plan is not entered within 9 other person or affiliated group, unless the of that defendant participant under this sub- months after the date of enactment of this Administrator finds that the information title. Act or such longer period of time approved submitted by the participant or affiliated (C) DEBTORS.—Each debtor’s revenues shall by the bankruptcy court for cause shown, group to support its inclusion in that tier include the revenues of the debtor and all of the provisions of this Act shall apply to the was inaccurate. the direct or indirect majority-owned sub- bankrupt business entity notwithstanding (2) COSTS.—Payments to the Fund by all sidiaries of that debtor, except that the pro the certification. Any timely appeal under persons that are the subject of a case under forma revenues of a person that is included title 11, United States Code, from a con- a chapter of title 11, United States Code, in Subtier 2 of Tier I shall not be included in firmation order entered during the applica- after the date of enactment of this Act— calculating the revenues of any debtor that ble time period shall automatically extend (A) shall constitute costs and expenses of is a direct or indirect majority owner of such the time during which this Act is inappli- administration of the case under section 503 Subtier 2 person. If a debtor or affiliated cable to the bankrupt business entity, until of title 11, United States Code, and shall be group includes a person in respect of whose the appeal is fully and finally resolved. payable in accordance with the payment pro- liabilities for asbestos claims a class action (4) OFFSETS.— visions under this subtitle notwithstanding trust has been established, there shall be ex- (A) PAYMENTS BY INSURERS.—To the extent the pendency of the case under that title 11; cluded from the 2002 revenues of such debtor that a bankrupt business entity or debtor (B) shall not be stayed or affected as to en- or affiliated group— successfully confirms a plan of reorganiza- forcement or collection by any stay or in- (i) all revenues of the person in respect of tion, including a trust, and channeling injunction power of any court; and whose liabilities for asbestos claims the junction that involves payments by insurers (C) shall not be impaired or discharged in class action trust was established; and who are otherwise subject to this Act as de- any current or future case under title 11, (ii) all revenues of the debtor and affiliated scribed under section 524(g) of title 11, United States Code. group attributable to the historical business United States Code, an insurer who makes (f) SUPERSEDING PROVISIONS.— operations or assets of such person, regard- payments to the trust shall obtain a dollar- (1) IN GENERAL.—All of the following shall less of whether such business operations or for-dollar reduction in the amount otherwise be superseded in their entireties by this Act: assets were owned or conducted during the payable by that insurer under this Act to the (A) The treatment of any asbestos claim in year 2002 by such person or by any other per- Fund. any plan of reorganization with respect to son included within such debtor and affili- (B) CONTRIBUTIONS TO FUND.—Any cash any debtor included in Tier I. ated group. payments by a bankrupt business entity, if (B) Any asbestos claim against any debtor any, to a trust described under section 524(g) (b) TIER I SUBTIERS.— included in Tier I. of title 11, United States Code, may be (1) IN GENERAL.—Each debtor in Tier I shall (C) Any agreement, understanding, or un- counted as a contribution to the Fund. be included in subtiers and shall pay dertaking by any such debtor or any third (d) TIERS II THROUGH VI.—Except as pro- amounts to the Fund as provided under this vided in section 204 and subsection (b) of this party with respect to the treatment of any section. section, persons or affiliated groups are in- asbestos claim filed in a debtor’s bankruptcy (2) SUBTIER 1.— cluded in Tier II, III, IV, V, or VI, according case or with respect to a debtor before the (A) IN GENERAL.—All persons that are debt- to the prior asbestos expenditures paid by date of enactment of this Act, whenever such ors with prior asbestos expenditures of such persons or affiliated groups as follows: debtor’s case is either still pending, if such $1,000,000 or greater, shall be included in (1) Tier II: $75,000,000 or greater. case is pending under a chapter other than Subtier 1. (2) Tier III: $50,000,000 or greater, but less chapter 11 of title 11, United States Code, or (B) PAYMENT.—Each debtor included in than $75,000,000. subject to confirmation or substantial con- Subtier 1 shall pay on an annual basis 1.67024 (3) Tier IV: $10,000,000 or greater, but less summation of a plan of reorganization under percent of the debtor’s 2002 revenues. than $50,000,000. chapter 11 of title 11, United States Code. (C) OTHER ASSETS.—The Administrator, at (4) Tier V: $5,000,000 or greater, but less (2) PRIOR AGREEMENTS OF NO EFFECT.—Not- the sole discretion of the Administrator, than $10,000,000. withstanding section 403(c)(3), any plan of re- may allow a Subtier 1 debtor to satisfy its (5) Tier VI: $1,000,000 or greater, but less organization, agreement, understanding, or funding obligation under this paragraph with than $5,000,000. undertaking by any debtor (including any assets other than cash if the Administrator (6) ASBESTOS PREMISES DEFENDANT PARTICI- pre-petition agreement, understanding, or determines that requiring an all-cash pay- PANTS.— undertaking that requires future perform- ment of the debtor’s funding obligation (A) IN GENERAL.—Asbestos premises de- ance) or any third party under paragraph (1), would render the debtor’s reorganization in- fendant participants that would be included and any agreement, understanding, or under- feasible. in Tier II, III, IV or V according to their taking entered into in anticipation, con- (D) LIABILITY.— prior asbestos expenditures shall, after 5 templation, or furtherance of a plan of reor- (i) IN GENERAL.—If a person who is subject years of the Fund being operational, instead ganization, to the extent it relates to any as- to a case pending under a chapter of title 11, be assigned to the immediately lower tier, bestos claim, shall be of no force or effect, United States Code, as defined in section such that— and no person shall have any right or claim 201(3)(A)(i), does not pay when due any pay- (i) an asbestos premises defendant partici- with respect to any such agreement, under- ment obligation for the debtor, the Adminis- pant that would be assigned to Tier II shall standing, or undertaking. trator shall have the right to seek payment instead be assigned to Tier III; SEC. 203. SUBTIERS. of all or any portion of the entire amount (ii) an asbestos premises defendant partici- (a) IN GENERAL.— due (as well as any other amount for which pant that would be assigned to Tier III shall (1) SUBTIER LIABILITY.—Except as other- the debtor may be liable under sections 223 instead be assigned to Tier IV; wise provided under subsections (b), (d), and and 224) from any of the direct or indirect (iii) an asbestos premises defendant partic- (l) of section 204, persons or affiliated groups majority-owned subsidiaries under section ipant that would be assigned to Tier IV shall shall be included within Tiers I through VII 201(3)(A)(ii). instead be assigned to Tier V; and and shall pay amounts to the Fund in ac- (ii) CAUSE OF ACTION.—Notwithstanding (iv) an asbestos premises defendant partici- cordance with this section. section 221(e), this Act shall not preclude ac- pant that would be assigned to Tier V shall (2) REVENUES.— tions among persons within a debtor under instead be assigned to Tier VI. (A) IN GENERAL.—For purposes of this sec- section 201(3)(A) (i) and (ii) with respect to (B) RETURN TO ORIGINAL TIER.—The Admin- tion, revenues shall be determined in accord- the payment obligations under this Act. istrator may return asbestos premises de- ance with generally accepted accounting (iii) RIGHT OF CONTRIBUTION.—

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(I) IN GENERAL.—Notwithstanding any 5 subtiers of Tier II, based on the person’s or (A) Subtier 1: $1,000,000. other provision of this Act, if a direct or in- affiliated group’s revenues. Such subtiers (B) Subtier 2: $500,000. direct majority-owned foreign subsidiary of shall each contain as close to an equal num- (C) Subtier 3: $200,000. a debtor participant (with such relationship ber of total persons and affiliated groups as (g) TIER VI SUBTIERS.— to the debtor participant as determined on possible, with— (1) IN GENERAL.—Each person or affiliated the date of enactment of this Act) is or be- (A) those persons or affiliated groups with group in Tier VI shall be included in 1 of the comes subject to any foreign insolvency pro- the highest revenues included in Subtier 1; 3 subtiers of Tier VI, based on the person’s or ceedings, and such foreign direct or indirect- (B) those persons or affiliated groups with affiliated group’s revenues. Such subtiers majority owned subsidiary is liquidated in the next highest revenues included in shall each contain as close to an equal num- connection with such foreign insolvency pro- Subtier 2; ber of total persons and affiliated groups as ceedings (or if the debtor participant’s inter- (C) those persons or affiliated groups with possible, with those persons or affiliated est in such foreign subsidiary is otherwise the lowest revenues included in Subtier 5; groups with the highest revenues in Subtier canceled or terminated in connection with (D) those persons or affiliated groups with 1, those with the lowest revenues in Subtier such foreign insolvency proceedings), the the next lowest revenues included in Subtier 3, and those remaining in Subtier 2. debtor participant shall have a claim against 4; and (2) PAYMENT.—Each person or affiliated such foreign subsidiary or the estate of such (E) those persons or affiliated groups re- group within each subtier shall pay, on an foreign subsidiary in an amount equal to the maining included in Subtier 3. annual basis, the following: greater of— (2) PAYMENTS.—Each person or affiliated (A) Subtier 1: $500,000. (aa) the estimated amount of all current group within each subtier shall pay, on an (B) Subtier 2: $250,000. and future asbestos liabilities against such annual basis, the following: (C) Subtier 3: $100,000. foreign subsidiary; or (A) Subtier 1: $27,500,000. (3) OTHER PAYMENT FOR CERTAIN PERSONS (bb) the foreign subsidiary’s allocable (B) Subtier 2: $24,750,000. AND AFFILIATED GROUPS.— share of the debtor participant’s funding ob- (C) Subtier 3: $22,000,000. (A) IN GENERAL.—Notwithstanding any ligations to the Fund as determined by such (D) Subtier 4: $19,250,000. other provision of this subsection, and if an foreign subsidiary’s allocable share of the (E) Subtier 5: $16,500,000. adjustment authorized by this subsection debtor participant’s 2002 gross revenue. (d) TIER III SUBTIERS.— does not impair the overall solvency of the (II) DETERMINATION OF CLAIM AMOUNT.—The (1) IN GENERAL.—Each person or affiliated Fund, any person or affiliated group within claim amount under subclause (I) (aa) or (bb) group in Tier III shall be included in 1 of the Tier VI whose required subtier payment in shall be determined by a court of competent 5 subtiers of Tier III, based on the person’s or any given year would exceed such person’s or jurisdiction in the United States. affiliated group’s revenues. Such subtiers group’s average annual expenditure on set- (III) EFFECT ON PAYMENT OBLIGATION.—The shall each contain as close to an equal num- tlements, and judgments of asbestos disease- right to, or recovery under, any such claim ber of total persons and affiliated groups as related claims over the 8 years before the shall not reduce, limit, delay, or otherwise possible, with— date of enactment of this Act shall make the affect the debtor participant’s payment obli- (A) those persons or affiliated groups with payment required of the immediately lower gations under this Act. the highest revenues included in Subtier 1; subtier or, if the person’s or group’s average (3) SUBTIER 2.— (B) those persons or affiliated groups with annual expenditures on settlements and (A) IN GENERAL.—Notwithstanding para- the next highest revenues included in judgments over the 8 years before the date of graph (2), all persons that are debtors that Subtier 2; enactment of this Act is less than $100,000, have no material continuing business oper- (C) those persons or affiliated groups with shall not be required to make a payment ations, other than class action trusts under the lowest revenues included in Subtier 5; under this Act. paragraph (6), but hold cash or other assets (D) those persons or affiliated groups with (B) NO FURTHER ADJUSTMENT.—Any person that have been allocated or earmarked for the next lowest revenues included in Subtier or affiliated group that receives an adjust- the settlement of asbestos claims shall be in- 4; and ment under this paragraph shall not be eligi- cluded in Subtier 2. (E) those persons or affiliated groups re- ble to receive any further adjustment under (B) ASSIGNMENT OF ASSETS.—Not later than maining included in Subtier 3. section 204(d). 90 days after the date of enactment of this (2) PAYMENTS.—Each person or affiliated (h) TIER VII.— Act, each person included in Subtier 2 shall group within each subtier shall pay, on an (1) IN GENERAL.—Notwithstanding prior as- assign all of its unencumbered assets to the annual basis, the following: bestos expenditures that might qualify a per- Fund. (A) Subtier 1: $16,500,000. son or affiliated group to be included in Tiers (4) SUBTIER 3.— (B) Subtier 2: $13,750,000. II, III, IV, V, or VI, a person or affiliated (A) IN GENERAL.—Notwithstanding para- (C) Subtier 3: $11,000,000. group shall also be included in Tier VII, if graph (2), all persons that are debtors other (D) Subtier 4: $8,250,000. the person or affiliated group— than those included in Subtier 2, which have (E) Subtier 5: $5,500,000. (A) is or has at any time been subject to no material continuing business operations (e) TIER IV SUBTIERS.— asbestos claims brought under the Act of and no cash or other assets allocated or ear- (1) IN GENERAL.—Each person or affiliated April 22, 1908 (45 U.S.C. 51 et seq.), commonly marked for the settlement of any asbestos group in Tier IV shall be included in 1 of the known as the Employers’ Liability Act, as a claim, shall be included in Subtier 3. 4 subtiers of Tier IV, based on the person’s or result of operations as a common carrier by (B) ASSIGNMENT OF UNENCUMBERED AS- affiliated group’s revenues. Such subtiers railroad; and SETS.—Not later than 90 days after the date shall each contain as close to an equal num- (B) has paid (including any payments made of enactment of this Act, each person in- ber of total persons and affiliated groups as by others on behalf of such person or affili- cluded in Subtier 3 shall contribute an possible, with those persons or affiliated ated group) not less than $5,000,000 in settle- amount equal to 50 percent of its total groups with the highest revenues in Subtier ment, judgment, defense, or indemnity costs unencumbered assets. 1, those with the lowest revenues in Subtier relating to such claims, and such settlement, (5) CALCULATION OF UNENCUMBERED AS- 4. Those persons or affiliated groups with the judgment, defense, or indemnity costs con- SETS.—Unencumbered assets shall be cal- highest revenues among those remaining will stitute 75 percent or more of the total prior culated as the Subtier 2 or 3 person’s total be included in Subtier 2 and the rest in asbestos expenditures by the person or affili- assets, excluding insurance-related assets, Subtier 3. ated group. jointly held, in trust or otherwise, with a de- (2) PAYMENT.—Each person or affiliated (2) ADDITIONAL AMOUNT.—The payment re- fendant participant, less— group within each subtier shall pay, on an quirement for persons or affiliated groups in- (A) all allowable administrative expenses; annual basis, the following: cluded in Tier VII shall be in addition to any (B) allowable priority claims under section (A) Subtier 1: $3,850,000. payment requirement applicable to such per- 507 of title 11, United States Code; and (B) Subtier 2: $2,475,000. son or affiliated group under Tiers II through (C) allowable secured claims. (C) Subtier 3: $1,650,000. VI. (6) CLASS ACTION TRUST.—The assets of any (D) Subtier 4: $550,000. (3) SUBTIER 1.—Each person or affiliated class action trust that has been established (f) TIER V SUBTIERS.— group in Tier VII with revenues of in respect of the liabilities for asbestos (1) IN GENERAL.—Each person or affiliated $6,000,000,000 or more is included in Subtier 1 claims of any person included within a debt- group in Tier V shall be included in 1 of the and shall make annual payments of or and affiliated group that has been in- 3 subtiers of Tier V, based on the person’s or $11,000,000 to the Fund. cluded in Tier I (exclusive of any assets affiliated group’s revenues. Such subtiers (4) SUBTIER 2.—Each person or affiliated needed to pay previously incurred expenses shall each contain as close to an equal num- group in Tier VII with revenues of less than and asbestos claims within the meaning of ber of total persons and affiliated groups as $6,000,000,000, but not less than $4,000,000,000 section 403(d)(1), before the date of enact- possible, with those persons or affiliated is included in Subtier 2 and shall make an- ment of this Act) shall be transferred to the groups with the highest revenues in Subtier nual payments of $5,500,000 to the Fund. Fund not later than 60 days after the date of 1, those with the lowest revenues in Subtier (5) SUBTIER 3.—Each person or affiliated enactment of this Act. 3, and those remaining in Subtier 2. group in Tier VII with revenues of less than (c) TIER II SUBTIERS.— (2) PAYMENT.—Each person or affiliated $4,000,000,000, but not less than $500,000,000 is (1) IN GENERAL.—Each person or affiliated group within each subtier shall pay, on an included in Subtier 3 and shall make annual group in Tier II shall be included in 1 of the annual basis, the following: payments of $550,000 to the Fund.

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(6) JOINT VENTURE REVENUES AND LIABIL- business concern (as defined under section 3 defendant participant or its affiliated group ITY.— of the Small Business Act (15 U.S.C. 632)), on to the Fund; (A) REVENUES.—For purposes of this sub- December 31, 2002, is exempt from any pay- (vi) the defendant participant’s ability to section, the revenues of a joint venture shall ment requirement under this subtitle and delay discretionary capital spending; and be included on a pro rata basis reflecting rel- shall not be included in the subtier alloca- (vii) any other factor that the Adminis- ative joint ownership to calculate the reve- tions under section 203. trator considers relevant. nues of the parents of that joint venture. The (c) PROCEDURES.—The Administrator shall (C) TERM.—A financial hardship adjust- joint venture shall not be responsible for a prescribe procedures on how amounts payment under this paragraph shall have a term contribution amount under this subsection. able under this subtitle are to be paid, in- of 5 years unless the Administrator deter- (B) LIABILITY.—For purposes of this sub- cluding, to the extent the Administrator de- mines at the time the adjustment is made termines appropriate, procedures relating to section, the liability under the Act of April that a shorter or longer period is appropriate payment in installments. 22, 1908 (45 U.S.C. 51 et seq.), commonly in the light of the financial condition of the (d) ADJUSTMENTS.— known as the Employers’ Liability Act, shall defendant participant and its affiliated (1) IN GENERAL.—Under expedited proce- be attributed to the parent owners of the dures established by the Administrator, a de- group and other relevant factors, provided joint venture on a pro rata basis, reflecting fendant participant may seek adjustment of that a financial hardship adjustment under their relative share of ownership. The joint the amount of its payment obligation based this paragraph shall terminate automati- venture shall not be responsible for a pay- on severe financial hardship or demonstrated cally in the event that the defendant partici- ment amount under this provision. inequity. The Administrator may determine pant holding the adjustment files a petition SEC. 204. ASSESSMENT ADMINISTRATION. whether to grant an adjustment and the size under title 11, United States Code. (a) IN GENERAL.— of any such adjustment, in accordance with (D) RENEWAL.—A defendant participant (1) PAYMENT.—Each defendant participant this subsection. A defendant participant has may renew a hardship adjustment upon expi- or affiliated group shall pay to the Fund in a right to obtain a rehearing of the Adminis- ration by demonstrating that it remains jus- the amounts provided under this subtitle as trator’s determination under this subsection tified. Such renewed hardship adjustments appropriate for its tier and subtier each year under the procedures prescribed in sub- shall have a term of 5 years unless the Ad- until the earlier to occur of the following: section (i)(10). The Administrator may adjust ministrator determines at the time of the re- (A) The participant or affiliated group has a defendant participant’s payment obliga- newed adjustment that a shorter or longer satisfied its obligations under this subtitle tions under this subsection, either by for- period is appropriate in light of the financial during the 30 annual payment cycles of the giving the relevant portion of the otherwise condition of the defendant participant and operation of the Fund. applicable payment obligation or by pro- its affiliated group and other relevant fac- (B) The amount received by the Fund from viding relevant rebates from the defendant tors. A renewed financial hardship adjust- defendant participants, excluding any hardship and inequity adjustment account ment under this paragraph shall terminate amounts rebated to defendant participants created under subsection (j) after payment of automatically in the event that the defend- under subsections (d) and (m), equals the the otherwise applicable payment obligation, ant participant holding the adjustment files maximum aggregate payment obligation of at the discretion of the Administrator. a petition under title 11, United States Code. section 202(a)(2). (2) FINANCIAL HARDSHIP ADJUSTMENTS.— (E) PROCEDURE.— (2) LIMITATION.— (A) IN GENERAL.—Any defendant partici- (i) IN GENERAL.—The Administrator shall (A) DEFINITION.—In this paragraph, the pant in any tier may apply for an adjust- prescribe the information to be submitted in term ‘‘affiliated group’’ shall include any de- ment under this paragraph at any time dur- applications for adjustments under this para- fendant participant that is an ultimate par- ing the period in which a payment obligation graph. ent. to the Fund remains outstanding and may (ii) FINANCIAL INFORMATION.—All audited (B) IN GENERAL.—For any affiliated group, qualify for such an adjustment by dem- financial information required under this the total payment in any year, including any onstrating to the satisfaction of the Admin- paragraph shall be as reported by the defend- guaranteed payment surcharge under sub- istrator that the amount of its payment obli- ant participant in its annual report filed section (l) and any bankruptcy trust guar- gation would materially and adversely affect with the Securities and Exchange Commis- antee surcharge under section 222(c), shall the defendant participant’s ability to con- sion in accordance with the Securities Ex- not exceed the lesser of $16,702,400 or 1.67024 tinue its business and to pay or satisfy its change Act of 1934 (15 U.S.C. 78a et seq.). Any percent of the revenues of the affiliated debts generally as and when they come due. defendant participant that does not file re- group for the most recent fiscal year ending Such an adjustment shall be in an amount ports with the Securities and Exchange Com- on or before December 31, 2002, or for the that in the judgment of the Administrator is mission or which does not have audited fi- most recent 12-month fiscal year as of the reasonably necessary to prevent such mate- nancial statements shall submit financial date the limitation is applied, whichever is rial and adverse effect on the defendant par- statements prepared in accordance with gen- greater. ticipant’s ability to continue its business erally accepted accounting principles. The (C) EXCEPTION.—The limitation in this and to pay or satisfy its debts generally as chairman, chief executive officer, and chief paragraph shall not apply to defendant par- and when they come due. financial officer of the defendant participant ticipants in Tier I or to any affiliated group (B) FACTORS TO CONSIDER.—In determining shall certify under penalty of law the com- whose revenues for the most recent fiscal whether to make an adjustment under sub- pleteness and accuracy of the financial state- year ending on or before December 31, 2002, paragraph (A) and the amount thereof, the ments provided under this subparagraph. or for the most recent 12-month fiscal year Administrator shall consider— (iii) CERTIFICATION.—The chairman, chief as of the date the limitation applied, which- (i) the financial situation of the defendant executive officer, and chief financial officer ever is greater, exceeds $1,000,000,000. participant and its affiliated group as shown of the defendant participant shall certify (D) DETERMINATIONS.—The revenues of the in historical audited financial statements, that any projected information and analyses affiliated group shall be determined in ac- including income statement, balance sheet, submitted to the Administrator were made cordance with section 203(a)(2), except for and statement of cash flow, for the 3 fiscal in good faith and are reasonable and attain- the applicable date. An affiliated group that years ending immediately before the applica- able. claims a reduction in its payment in any tion and projected financial statements for (3) INEQUITY ADJUSTMENTS.— year shall file with the Administrator, in ac- the 3 fiscal years following the application; (A) IN GENERAL.—A defendant participant— cordance with procedures prescribed by the (ii) an analysis of capital spending and (i) may qualify for an adjustment based on Administrator, sufficient information to fixed charge coverage on a historical basis inequity by demonstrating that the amount allow the Administrator to determine the for the 3 fiscal years immediately preceding of its payment obligation under the statu- amount of any such reduction in that year. If a defendant participant’s application and for tory allocation is exceptionally inequi- as a result of the application of the limita- the 3 fiscal years following the application; table— tion provided in this paragraph an affiliated (iii) any payments or transfers of property (I) when measured against the amount of group is exempt from paying all or part of a made, or obligations incurred, within the the likely cost to the defendant participant guaranteed payment surcharge or bank- preceding 6 years by the defendant partici- net of insurance of its future liability in the ruptcy trust surcharge, then the reduction in pant to or for the benefit of any insider as tort system in the absence of the Fund; the affiliated group’s payment obligation defined under section 101(31) of title 11, (II) when measured against the likely cost due to the limitation in this subsection shall United States Code, or any affiliate as de- of past and potential future claims in the ab- be redistributed in accordance with sub- fined under section 101(2) of title 11, United sence of this Act; section (l). States Code; (III) when compared to the median pay- (E) RULE OF CONSTRUCTION.—Nothing in (iv) any prior extraordinary transactions ment rate for all defendant participants in this paragraph shall be construed as reduc- within the preceding 6 years involving the the same tier; or ing the minimum aggregate annual payment defendant participant, including payments of (IV) when measured against the percentage obligation of defendant participants as pro- extraordinary salaries, bonuses, or dividends; of the prior asbestos expenditures of the de- vided under subsection (h). (v) the defendant participant’s ability to fendant that were incurred with respect to (b) SMALL BUSINESS EXEMPTION.—Notwith- satisfy its payment obligation to the Fund claims that neither resulted in an adverse standing any other provision of this subtitle, by borrowing or financing with equity cap- judgment against the defendant, nor were a person or affiliated group that is a small ital, or through issuance of securities of the the subject of a settlement that required a

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Based on this determination, gation, taking into consideration the limita- a party that occurred at least 30 years before the Administrator may, consistent with the tion under subsection (a)(2), of any defendant the date of enactment of this Act, and that policies and legislative intent underlying participant that elects the adjustment under such prior asbestos expenditures exceed the this Act, reinstate any or all of the payment this paragraph shall be adjusted so as not to inflation-adjusted value of the assets of the obligations of the defendant participant as if exceed the greater of $500,000 or 5 percent of company from which such liability was de- the inequity adjustment had not been grant- that defendant participant’s adjusted cash rived in such merger, and upon such dem- ed for that 3-year period. flow from operating activities for the most onstration the Administrator shall grant (ii) TERMS AND CONDITIONS.—In the event of recent fiscal year ending on or before Decem- such adjustment for the life of the Fund and a reinstatement under clause (i), the Admin- ber 31, 2002, or for the most recent fiscal amounts paid by such defendant participant istrator may require the defendant partici- year. prior to such adjustment in excess of its ad- pant to pay any part or all of amounts not (D) LIMITATION.—The aggregate total of adjusted payment obligation under this clause paid due to the inequity adjustment on such justments under this paragraph in any year shall be credited against next succeeding re- terms and conditions as established by the may not exceed $100,000,000. If the aggregate quired payment obligations; and Administrator. amount of adjustments authorized under this (iv) may, subject to the discretion of the (4) TIER II ADJUSTMENTS FOR WELL-INSURED paragraph exceeds $100,000,000, the adjust- Administrator, be exempt from any payment DEFENDANT PARTICIPANTS.— ment to which each defendant participant obligation if such defendant participant es- (A) DEFINITIONS.—In this paragraph— electing such an adjustment shall be reduced tablishes with the Administrator that— (i) the term ‘‘adjusted cash flow from oper- pro rata until the aggregate of all adjust- (I) such participant has satisfied all past ating activities’’ means audited cash flows ments equals $100,000,000. claims; and from operating activities as set forth in the (E) SURCHARGES.—Defendant participants (II) there is no reasonable likelihood in the Financial Accounting Standards Board receiving an adjustment under this para- absence of this Act of any future claims with Statement of Financial Accounting Stand- graph shall also be subject to the guaranteed costs for which the defendant participant ards No. 95 in effect on the date of enactment payment surcharge under subsection (m) and might be responsible. of this Act, adjusted for amounts— the bankruptcy trust surcharge under sec- (B) GUIDELINES.— (I) increased by cash paid for interest and tion 222(c). Such surcharges shall be based on (i) IN GENERAL.—In determining which de- taxes to the extent that such amounts are the full amount of any adjustment to which fendant participants may receive inequity included in cash flows from operating activi- the defendant participant would be entitled adjustments, the Administrator shall give ties; under subparagraph (C) without regard to preference in the following order: (II) increased by payments made for asbes- the limitation under subparagraph (D). (I) Defendant participants that have sig- tos indemnity, defense costs, and any pay- (5) LIMITATION ON ADJUSTMENTS.—The ag- nificant insurance coverage applicable to as- ments required under this Act, to the extent gregate total of inequity adjustments under bestos claims, such that on the date of en- that such amounts are included in cash flows paragraph (3) in effect in any given year actment of this Act, 80 percent or more of from operating activities; shall not exceed $200,000,000, except to the ex- their available primary insurance limits for (III) increased by nonrecurring and un- tent that additional monies are available for asbestos claims remains available. usual cash charges, including restructuring such adjustments as a result of carryover of (II) Defendant participants for which, charges and other non-operating costs, to prior years’ funds under subsection (j)(3) or under the guidance in section 404(a)(2)(E), 75 the extent that such amounts are included in as a result of monies being made available in percent of the prior asbestos expenditures of cash flows from operating activities; that year under subsection (k)(1)(A). such defendant participants were caused by (IV) decreased by cash distributions to mi- (6) RULEMAKING AND ADVISORY PANELS.— or arose from premise liability claims. nority interests to the extent that such (A) APPOINTMENT.—The Administrator may (III) Defendant participants that can dem- amounts are included in cash flows from in- appoint a Financial Hardship Adjustment onstrate that their prior asbestos expendi- vesting activities and cash flows from fi- Panel and an Inequity Adjustment Panel to tures are inflated due to an unusually large, nancing activities; advise the Administrator in carrying out anomalous verdict and that such verdict has (V) increased by cash proceeds on sales of this subsection. caused such defendants to be in a higher tier. assets net of related secured debt, affiliates, (B) MEMBERSHIP.—The membership of the (IV) Any other factor determined reason- subsidiaries, and investments to the extent panels appointed under subparagraph (A) able by the Administrator to have caused a that such amounts are included in cash flows may overlap. serious inequity. from investing and cash flows from financing (C) COORDINATION.—The panels appointed (ii) CONSIDERATION.—In determining wheth- activities; under subparagraph (A) shall coordinate er a defendant participant has significant in- (VI) increased by cash distributions from their deliberations and advice. surance coverage applicable to asbestos nonconsolidated affiliates and investments (D) RULES.—The Administrator may adopt claims such that on the date of enactment of to the extent that such amounts are included rules consistent with this Act to make the this Act, 80 percent or more of their avail- in cash flows from investing activities and determination of hardship and inequity ad- able primary insurance limits for asbestos cash flows from financing activities; justments more efficient and predictable. claims remains available, the Administrator (VII) increased by net cash flow used by, (e) LIMITATION ON LIABILITY.—The liability shall inquire and consider— and decreased by net cash flow gained from, of each defendant participant to pay to the (I) the defendant participant’s expected fu- working capital items to the extent such Fund shall be limited to the payment obliga- ture liability in the tort system and the ade- amounts are not already adjusted under this tions under this Act, and, except as provided

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in subsection (f) and section 203(b)(2)(D), no (B) the indemnitor has either, with respect (B) RELIEF.— defendant participant shall have any liabil- to such asbestos claim or any similar asbes- (i) IN GENERAL.—The Administrator shall ity for the payment obligations of any other tos claim, paid or reimbursed to its establish procedures to grant a defendant defendant participant. indemnitee any indemnifiable cost or paid to participant relief from its initial payment (f) CONSOLIDATION OF PAYMENTS.— any third party on behalf of or for the ben- obligation if the participant shows that— (1) IN GENERAL.—For purposes of deter- efit of the indemnitee any indemnifiable (I) the participant is likely to qualify for a mining the payment levels of defendant par- cost. financial hardship adjustment; and ticipants, any affiliated group including 1 or (4) TREATMENT OF CERTAIN EXPENDITURES.— (II) failure to provide interim relief would more defendant participants may irrev- Notwithstanding any other provision of this cause severe irreparable harm. ocably elect, as part of the submissions to be Act, where— (ii) JUDICIAL RELIEF.—The Administrator’s made under paragraphs (1) and (3) of sub- (A) an indemnitor entered into a stock pur- refusal to grant relief under clause (i) is subsection (i), to report on a consolidated basis chase agreement in 1988 that involved the ject to immediate judicial review under sec- all of the information necessary to deter- sale of the stock of businesses that produced tion 303. mine the payment level under this subtitle friction and other products; and (2) INITIAL YEAR: TIER I.—Not later than 60 and pay to the Fund on a consolidated basis. (B) the stock purchase agreement provided days after enactment of this Act, each debt- (2) ELECTION.—If an affiliated group elects that the indemnitor indemnified the or shall file with the Administrator— consolidation as provided in this sub- indemnitee and its affiliates for losses aris- (A) a statement identifying the bank- section— ing from various matters, including asbestos ruptcy case(s) associated with the debtor; (A) for purposes of this Act other than this claims— (B) a statement whether its prior asbestos subsection, the affiliated group shall be (i) asserted before the date of the agree- treated as if it were a single participant, in- expenditures exceed $1,000,000; ment; and (C) a statement whether it has material cluding with respect to the assessment of a (ii) filed after the date of the agreement single annual payment under this subtitle continuing business operations and, if not, and prior to the 10-year anniversary of the whether it holds cash or other assets that for the entire affiliated group; stock sale, (B) the ultimate parent of the affiliated have been allocated or earmarked for asbes- group shall prepare and submit each submis- then the prior asbestos expenditures arising tos settlements; sion to be made under subsection (i) on be- from the asbestos claims described in clauses (D) in the case of debtors falling within half of the entire affiliated group and shall (i) and (ii) shall not be for the account of ei- Subtier 1 of Tier I— be solely liable, as between the Adminis- ther the indemnitor or indemnitee. (i) a statement of the debtor’s 2002 reve- trator and the affiliated group only, for the (h) MINIMUM ANNUAL PAYMENTS.— nues, determined in accordance with section payment of the annual amount due from the (1) IN GENERAL.—The aggregate annual 203(a)(2); and affiliated group under this subtitle, except payments of defendant participants to the (ii) a payment under section 203(b)(2)(B); that, if the ultimate parent does not pay Fund shall be at least $3,000,000,000 for each (E) in the case of debtors falling within when due any payment obligation for the af- calendar year in the first 30 years of the Subtier 2 of Tier I, an assignment of its as- filiated group, the Administrator shall have Fund, or until such shorter time as the con- sets under section 203(b)(3)(B); the right to seek payment of all or any por- dition set forth in subsection (a)(2) is at- (F) in the case of debtors falling within tion of the entire amount due (as well as any tained. Subtier 3 of Tier I, a payment under section other amount for which the affiliated group (2) GUARANTEED PAYMENT ACCOUNT.—To the 203(b)(4)(B), and a statement of how such may be liable under sections 223 and 224) extent payments in accordance with sections payment was calculated; and from any member of the affiliated group; 202 and 203 (as modified by subsections (b), (G) a signature page personally verifying (C) all members of the affiliated group (d), (f), (g), and (m) of this section) fail in the truth of the statements and estimates shall be identified in the submission under any year to raise at least $3,000,000,000, after described under this paragraph, as required subsection (i) and shall certify compliance applicable reductions or adjustments have under section 404 of the Sarbanes-Oxley Act with this subsection and the Administrator’s been taken according to subsections (d) and of 2002 (15 U.S.C. 7201 et seq.). regulations implementing this subsection; (m), the balance needed to meet this re- (3) INITIAL YEAR: TIER VII.—Not later than and quired minimum aggregate annual payment 90 days after enactment of this Act, each de- (D) the obligations under this subtitle shall be obtained from the defendant guaran- fendant participant in Tier VII shall file shall not change even if, after the date of en- teed payment account established under sub- with the Administrator— actment of this Act, the beneficial ownership section (k). (A) a good faith estimate of all payments interest between any members of the affili- (3) GUARANTEED PAYMENT SURCHARGE.—To of the type described in section 203(h)(1) (as ated group shall change. the extent the procedure set forth in para- modified by section 203(h)(6)); (3) CAUSE OF ACTION.—Notwithstanding sec- graph (2) is insufficient to satisfy the re- (B) a statement of revenues calculated in tion 221(e), this Act shall not preclude ac- quired minimum aggregate annual payment, accordance with sections 203(a)(2) and 203(h); tions among persons within an affiliated after applicable reductions or adjustments and group with respect to the payment obliga- have been taken according to subsections (d) (C) payment in the amount specified in tions under this Act. and (m), the Administrator shall unless the section 203(h). (g) DETERMINATION OF PRIOR ASBESTOS EX- Administrator implements a funding holiday (4) NOTICE TO PARTICIPANTS.—Not later PENDITURES.— under section 205(b), assess a guaranteed than 240 days after enactment of this Act, (1) IN GENERAL.—For purposes of deter- payment surcharge under subsection (l). the Administrator shall— mining a defendant participant’s prior asbes- (i) PROCEDURES FOR MAKING PAYMENTS.— (A) directly notify all reasonably identifi- tos expenditures, the Administrator shall (1) INITIAL YEAR: TIERS II–VI.— able defendant participants of the require- prescribe such rules as may be necessary or (A) IN GENERAL.—Not later than 90 days ment to submit information necessary to appropriate to assure that payments by after enactment of this Act, each defendant calculate the amount of any required pay- indemnitors before December 31, 2002, shall participant that is included in Tiers II, III, ment to the Fund; and be counted as part of the indemnitor’s prior IV, V, or VI shall file with the Adminis- (B) publish in the Federal Register a no- asbestos expenditures, rather than the trator— tice— indemnitee’s prior asbestos expenditures, in (i) a statement of whether the defendant (i) setting forth the criteria in this Act, accordance with this subsection. participant irrevocably elects to report on a and as prescribed by the Administrator in (2) INDEMNIFIABLE COSTS.—If an indemnitor consolidated basis under subsection (f); accordance with this Act, for paying under has paid or reimbursed to an indemnitee any (ii) a good-faith estimate of its prior asbes- this subtitle as a defendant participant and indemnifiable cost or otherwise made a pay- tos expenditures; requiring any person who may be a defend- ment on behalf of or for the benefit of an (iii) a statement of its 2002 revenues, deter- ant participant to submit such information; indemnitee to a third party for an mined in accordance with section 203(a)(2); and indemnifiable cost before December 31, 2002, (iv) payment in the amount specified in (ii) that includes a list of all defendant par- the amount of such indemnifiable cost shall section 203 for the lowest subtier of the tier ticipants notified by the Administrator be solely for the account of the indemnitor within which the defendant participant falls, under subparagraph (A), and provides for 30 for purposes under this Act. except that if the defendant participant, or days for the submission by the public of com- (3) INSURANCE PAYMENTS.—When computing the affiliated group including the defendant ments or information regarding the com- the prior asbestos expenditures with respect participant, had 2002 revenues exceeding pleteness and accuracy of the list of identi- to an asbestos claim, any amount paid or re- $3,000,000,000, it or its affiliated group shall fied defendant participants. imbursed by insurance shall be solely for the pay the amount specified for Subtier 3 of (5) RESPONSE REQUIRED.— account of the indemnitor, even if the Tiers II, III, or IV or Subtier 2 of Tiers V or (A) IN GENERAL.—Any person who receives indemnitor would have no direct right to the VI, depending on the applicable Tier; and notice under paragraph (4)(A), and any other benefit of the insurance, if— (v) a signature page personally verifying person meeting the criteria specified in the (A) such insurance has been paid or reim- the truth of the statements and estimates notice published under paragraph (4)(B), bursed to the indemnitor or the indemnitee, described under this subparagraph, as re- shall provide the Administrator with an ad- or paid on behalf of or for the benefit of the quired under section 404 of the Sarbanes- dress to send any notice from the Adminis- indemnitee; and Oxley Act of 2002 (15 U.S.C. 7201 et seq.). trator in accordance with this Act and all

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the information required by the Adminis- (B) ADDITIONAL PARTICIPANT.—If the Ad- imum aggregate of $50,000,000 in such year; trator in accordance with this subsection no ministrator, at any time, receives informa- and later than the earlier of— tion that an additional person may qualify (B) to the extent not used under subpara- (i) 30 days after the receipt of direct notice; as a defendant participant, the Adminis- graph (A), shall be placed in a defendant or trator shall require such person to submit guaranteed payment account established (ii) 30 days after the publication of notice information necessary to determine whether within the Fund by the Administrator. in the Federal Register. that person is required to make payments, (2) USE OF ACCOUNT MONIES.—Monies from (B) CERTIFICATION.—The response sub- and in what amount, under this subtitle and the defendant guaranteed payment account mitted under subparagraph (A) shall be shall make any determination or take any shall be preserved and administered like the signed by a responsible corporate officer, other act consistent with this Act based on remainder of the Fund, but shall be reserved general partner, proprietor, or individual of such information or any other information and may be used only— similar authority, who shall certify under available to the Administrator with respect (A) to ensure the minimum aggregate an- penalty of law the completeness and accu- to such person. nual payment required under subsection (h), racy of the information submitted. (9) SUBPOENAS.—The Administrator may after applicable reductions or adjustments (C) CONSENT TO AUDIT AUTHORITY.—The re- request the Attorney General to subpoena have been taken according to subsections (d) sponse submitted under subparagraph (A) persons to compel testimony, records, and and (m) is reached each year; and shall include, on behalf of the defendant par- other information relevant to its responsibil- (B) if the condition set forth in subsection ticipant or affiliated group, a consent to the ities under this section. The Attorney Gen- (a)(2) is met, for any purpose that the Fund may serve under this Act. Administrator’s audit authority under sec- eral may enforce such subpoena in appro- (l) GUARANTEED PAYMENT SURCHARGE.— tion 221(d). priate proceedings in the United States district court for the district in which the per- (1) IN GENERAL.—To the extent there are (6) NOTICE OF INITIAL DETERMINATION.— insufficient monies in the defendant guaran- (A) IN GENERAL.— son to whom the subpoena was addressed resides, was served, or transacts business. teed payment account established in sub- (i) NOTICE TO INDIVIDUAL.—Not later than section (k) to attain the minimum aggregate 60 days after receiving a response under (10) REHEARING.—A defendant participant has a right to obtain rehearing of the Admin- annual payment required under subsection paragraph (5), the Administrator shall send (h) in any given year, the Administrator the person a notice of initial determination istrator’s determination under this subsection of the applicable tier or subtier of shall, unless the Administrator implements identifying the tier and subtier, if any, into a funding holiday under section 205(b), im- which the person falls and the annual pay- the Administrator’s determination under subsection (d) of a financial hardship or in- pose on each defendant participant a sur- ment obligation, if any, to the Fund, which charge as necessary to raise the balance re- equity adjustment, and of the Administra- determination shall be based on the informa- quired to attain the minimum aggregate an- tor’s determination under subsection (m) of tion received from the person under this sub- nual payment required under subsection (h) a distributor’s adjustment, if the request for section and any other pertinent information as provided in this subsection. Any such sur- rehearing is filed within 30 days after the de- available to the Administrator and identified charge shall be imposed on a pro rata basis, fendant participant’s receipt of notice from to the defendant participant. in accordance with each defendant partici- the Administrator of the determination. A (ii) PUBLIC NOTICE.—Not later than 7 days pant’s relative annual liability under sec- defendant participant may not file an action after sending the notification of initial de- tions 202 and 203 (as modified by subsections under section 303 unless the defendant par- termination to defendant participants, the (b), (d), (f), (g), and (m) of this section). ticipant requests a rehearing under this Administrator shall publish in the Federal (2) LIMITATION.— paragraph. The Administrator shall publish Register a notice listing the defendant par- (A) DEFINITION.—In this paragraph, the ticipants that have been sent such notifica- a notice in the Federal Register of any term ‘‘economically distressed industry’’ tion, and the initial determination identi- change in a defendant participant’s tier or means an industry, defined by a primary 5- fying the tier and subtier assignment and an- subtier assignment or payment obligation as digit NAICS code, wherein 2 or more defend- nual payment obligation of each identified a result of a rehearing. ant participants are in Subtier 1 of Tier II participant. (j) DEFENDANT INEQUITY ADJUSTMENT AC- under sections 202 and 203, and at least 2⁄3 of (B) NO RESPONSE; INCOMPLETE RESPONSE.— COUNT.— such Tier II defendant participants suffered If no response in accordance with paragraph (1) IN GENERAL.—To the extent the total net operating losses in their United States (5) is received from a defendant participant, payments by defendant participants in any manufacturing business in 2005. or if the response is incomplete, the initial given year exceed the minimum aggregate (B) IN GENERAL.—In no case shall the Ad- determination shall be based on the best in- annual payments required under subsection ministrator— formation available to the Administrator. (h), excess monies up to a maximum of (i) impose a surcharge under this sub- (C) PAYMENTS.—Within 30 days of receiving $200,000,000 in any such year shall be placed section on any defendant participant in- a notice of initial determination requiring in a defendant inequity adjustment account cluded in Subtier 3 of Tier V or VI as de- payment, the defendant participant shall pay established within the Fund by the Adminis- scribed under section 203; or the Administrator the amount required by trator. (ii) notwithstanding paragraph (1), impose the notice, after deducting any previous pay- (2) USE OF ACCOUNT MONIES.—Monies from in any year a surcharge under this sub- ment made by the participant under this the defendant inequity adjustment account section on any defendant participant in an subsection. If the amount that the defendant shall be preserved and administered like the economically distressed industry in excess of participant is required to pay is less than remainder of the Fund, but shall be reserved 15 percent of the amount set forth for any previous payment made by the partici- and may be used only— Subtier 1 of Tier II defendant participants pant under this subsection, the Adminis- (A) to make up for any relief granted to a under section 203(c)(2)(A). trator shall credit any excess payment defendant participant for demonstrated in- (C) REALLOCATION.—Any amount not im- against the future payment obligations of equity under subsection (d) or to reimburse posed under subparagraph (B) shall be reallo- that defendant participant. The pendency of any defendant participant granted such re- cated on a pro rata basis, in accordance with a petition for rehearing under paragraph (10) lief after its payment of the amount other- each defendant participant’s (other than a shall not stay the obligation of the partici- wise due; and defendant participant described under sub- pant to make the payment specified in the (B) if the condition set forth in subsection paragraph (B) relative annual liability under Administrator’s notice. (a)(2) is met, for any purpose that the Fund sections 202 and 203 (as modified by sub- (7) EXEMPTIONS FOR INFORMATION RE- may serve under this Act. sections (b), (d), (f), and (g) of this section). QUIRED.— (3) CARRYOVER OF UNUSED FUNDS.—To the (3) CERTIFICATION.— (A) PRIOR ASBESTOS EXPENDITURES.—In lieu extent the Administrator does not, in any (A) IN GENERAL.—Before imposing a guar- of submitting information related to prior given year, use all of the funds allocated to anteed payment surcharge under this sub- asbestos expenditures as may be required for the account under paragraph (1) for adjust- section, the Administrator shall certify that purposes of this subtitle, a nondebtor defend- ments granted under subsection (d), remain- he or she has used all reasonable efforts to ant participant may consent to be assigned ing funds in the account shall be carried for- collect mandatory payments for all defend- to Tier II. ward for use by the Administrator for adjust- ant participants, including by using the au- (B) REVENUES.—In lieu of submitting infor- ments in subsequent years. thority in subsection (i)(9) of this section mation related to revenues as may be re- (k) DEFENDANT GUARANTEED PAYMENT AC- and section 223. quired for purposes of this subtitle, a non- COUNT.— (B) NOTICE AND COMMENT.—Before making a debtor defendant participant may consent to (1) IN GENERAL.—Subject to subsections (h) final certification under subparagraph (C), be assigned to Subtier 1 of the defendant par- and (j), if there are excess monies paid by de- the Administrator shall publish a notice in ticipant’s applicable tier. fendant participants in any given year, in- the Federal Register of a proposed certifi- (8) NEW INFORMATION.— cluding any bankruptcy trust credits that cation and provide in such notice for a public (A) EXISTING PARTICIPANT.—The Adminis- may be due under section 222(d), such mon- comment period of 30 days. trator shall adopt procedures for requiring ies— (C) FINAL CERTIFICATION.— additional payment, or refunding amounts (A) at the discretion of the Administrator, (i) IN GENERAL.—The Administrator shall already paid, based on new information re- may be used to provide additional adjust- publish a notice of the final certification in ceived. ments under subsection (d), up to a max- the Federal Register after consideration of

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STEPDOWNS AND FUNDING HOLIDAYS. participants in Subtiers 2 and 3 of Tier I and (1) DEFINITION.—In this subsection, the (a) STEPDOWNS.— class action trusts, for that year. term ‘‘distributor’’ means a person— (1) IN GENERAL.— (B) CALCULATION.—The reductions or waiv- (A) whose prior asbestos expenditures arise (A) REDUCTION.—Subject to paragraph (2), ers provided under this subsection shall not exclusively from the sale of products manu- the minimum aggregate annual funding obli- apply to defendant participants in Tier I, factured by others; gation under section 204(h) shall be reduced Subtiers 2 and 3, and class action trusts. For (B) who did not prior to December 31, 2002, by 10 percent of the initial minimum aggre- defendant participants whose payment obli- sell raw asbestos or a product containing gate funding obligation at the end of the gation has been limited under section more than 95 percent asbestos by weight; 10th, 15th, 20th, and 25th years after the date 204(a)(2) or who have received a financial (C) whose prior asbestos expenditures did of enactment of this Act. Except as provided hardship adjustment under section 204(d)(2), not arise out of— under subparagraph (B), the reductions aggregate potential reductions under this (i) the manufacture, installation, repair, under this paragraph shall be applied on an subsection shall be calculated on the basis of reconditioning, maintaining, servicing, con- equal pro rata basis to the funding obliga- the defendant participant’s tier and subtier structing, or remanufacturing of any prod- tions of all defendant participants. without regard to such limitation or adjust- uct; (B) CALCULATION.—The reductions under ment. If the aggregate potential reductions (ii) the control of the design, specification, this subsection shall not apply to defendant or waivers under this subsection exceed the or manufacture of any product; or participants in Tier I, Subtiers 2 and 3, and reduction in the defendant participant’s pay- (iii) the sale or resale of any product class action trusts. For defendant partici- ment obligation due to the limitation under under, as part of, or under the auspices of, its pants whose payment obligation has been section 204(a)(2) and the financial hardship own brand, trademark, or service mark; and limited under section 204(a)(2) or who have adjustment under section 204(d)(2), then the (D) who is not subject to assignment under received a financial hardship adjustment defendant participant’s payment obligation section 202 to Tier I, II, III or VII. under section 204(d)(2), aggregate potential shall be further reduced by the difference be- (2) TIER REASSIGNMENT FOR DISTRIBUTORS.— reductions under this subsection shall be cal- tween the potential reductions or waivers (A) IN GENERAL.—Notwithstanding section culated on the basis of the defendant partici- provided under this subsection and the re- 202, the Administrator shall assign a dis- pant’s tier and subtier without regard to ductions that the defendant participant has tributor to a Tier for purposes of this title such limitation or adjustment. If the aggre- already received due to the application of under the procedures set forth in this para- gate potential reduction under this sub- the limitation provided in section 204(a)(2) graph. section exceeds the reduction in the defend- and the financial hardship adjustment pro- (B) DESIGNATION.—After a final determina- ant participant’s payment obligation due to tion by the Administrator under section vided under section 204(d)(2). If the reduction the limitation under section 204(a)(2) and the in the defendant participant’s payment obli- 204(i), any person who is, or any affiliated financial hardship adjustment under section group in which every member is, a dis- gation due to the limitation provided in sec- 204(d)(2), then the defendant participant’s tion 204(a)(2) and any of the financial hard- tributor may apply to the Administrator for payment obligation shall be further reduced ship adjustment provided under section adjustment of its Tier assignment under this by the difference between the potential re- 204(d)(2) exceeds the amount of the reduc- subsection. Such application shall be pre- duction provided under this subsection and tions or waivers provided in this subsection, pared in accordance with such procedures as the reductions that the defendant partici- then the defendant participant’s payment the Administrator shall promulgate by rule. pant has already received due to the applica- obligation shall not be further reduced under Once the Administrator designates a person tion of the limitation provided in section this paragraph. or affiliated group as a distributor under this 204(a)(2) and the financial hardship adjust- (4) NEW INFORMATION.—If at any time the subsection, such designation and the adjustment provided under section 204(d)(2). If the Administrator determines that a reduction ment of tier assignment under this sub- reduction in the defendant participant’s pay- or waiver under this section may cause the section are final. ment obligation due to the limitation pro- assets of the Fund and expected future pay- (C) PAYMENTS.—Any person or affiliated vided in section 204(a)(2) and any financial group that seeks adjustment of its Tier as- hardship adjustment provided under section ments to decrease to a level at which the signment under this subsection shall pay all 204(d)(2) exceeds the amount of the reduction Fund may not be able to satisfy all of its an- amounts required of it under this title until provided in this subsection, then the defend- ticipated obligations, the Administrator a final determination by the Administrator ant participant’s payment obligation shall shall revoke all or any part of such reduction is made under this subsection. Such pay- not be further reduced under this paragraph. or waiver to the extent necessary to ensure ments may not be stayed pending any ap- (2) LIMITATION.—The Administrator shall that the Fund’s obligations are met. Such peal. The Administrator shall grant any per- suspend, cancel, reduce, or delay any reduc- revocations shall be applied on an equal pro son or affiliated group a refund or credit of tion under paragraph (1) if at any time the rata basis to the funding obligations of all any payments made if such adjustment re- Administrator finds, in accordance with sub- defendant participants, except defendant sults in a lower payment obligation. section (c), that such action is necessary and participants in Subtiers 2 and 3 of Tier I and (D) ADJUSTMENT.—Subject to paragraph appropriate to ensure that the assets of the class action trusts, for that year. (3), any person or affiliated group that the Fund and expected future payments remain (c) CERTIFICATION.— Administrator has designated as a dis- sufficient to satisfy the Fund’s anticipated (1) IN GENERAL.—Before suspending, can- tributor under this subsection shall be given obligations. celing, reducing, or delaying any reduction an adjustment of Tier assignment as follows: (b) FUNDING HOLIDAYS.— under subsection (a) or granting or revoking (i) A distributor that but for this sub- (1) IN GENERAL.—If the Administrator de- a reduction or waiver under subsection (b), section would be assigned to Tier IV shall be termines, at any time after 10 years fol- the Administrator shall certify that the re- deemed assigned to Tier V. lowing the date of enactment of this Act, quirements of this section are satisfied. (ii) A distributor that but for this sub- that the assets of the Fund at the time of (2) NOTICE AND COMMENT.—Before making a section would be assigned to Tier V shall be such determination and expected future pay- final certification under this subsection, the deemed assigned to Tier VI. ments, taking into consideration any reduc- Administrator shall publish a notice in the (iii) A distributor that but for this sub- tions under subsection (a), are sufficient to Federal Register of a proposed certification section would be assigned to Tier VI shall be satisfy the Fund’s anticipated obligations and a statement of the basis therefor and deemed assigned to no Tier and shall have no without the need for all, or any portion of, provide in such notice for a public comment obligation to make any payment to the Fund that year’s payment otherwise required period of 30 days. under this Act. under this subtitle, the Administrator shall (3) FINAL CERTIFICATION.— (E) EXCLUSIVE TO INEQUITY ADJUSTMENT.— reduce or waive all or any part of the pay- (A) IN GENERAL.—The Administrator shall Any person or affiliated group designated by ments required from defendant participants publish a notice of the final certification in the Administrator as a distributor under this for that year. the Federal Register after consideration of subsection shall not be eligible for an in- (2) ANNUAL REVIEW.—The Administrator all comments submitted under paragraph (2). equity adjustment under subsection 204(d). shall undertake the review required by this (B) WRITTEN NOTICE.—Not later than 30 (3) LIMITATION ON ADJUSTMENTS.—The ag- subsection and make the necessary deter- days after publishing any final certification gregate total of distributor adjustments mination under paragraph (1) every year. under subparagraph (A), the Administrator under this subsection in effect in any given (3) LIMITATIONS ON FUNDING HOLIDAYS.— shall provide each defendant participant year shall not exceed $50,000,000. If the aggre- (A) IN GENERAL.—Except as provided under with written notice of that defendant’s fund- gate total of distributors adjustments under subparagraph (B), any reduction or waiver of ing obligation for that year.

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SEC. 206. ACCOUNTING TREATMENT. pation of a majority of the members of the (iv) RULE OF CONSTRUCTION.—Nothing in Defendant participants payment obliga- Commission. this subparagraph shall affect the initial tions to the Fund shall be subject to dis- payment requirement in section 212(e)(1). SEC. 212. DUTIES OF ASBESTOS INSURERS COM- counting under the applicable accounting (C) SCOPE.—Every insurer, reinsurer, and MISSION. guidelines for generally accepted accounting runoff entity with asbestos-related obliga- purposes and statutory accounting purposes (a) DETERMINATION OF INSURER PAYMENT tions in the United States shall be subject to for each defendant participant. This section OBLIGATIONS.— the Commission’s and Administrator’s au- shall in no way reduce the amount of mone- (1) IN GENERAL.— thority under this Act, including allocation tary payments to the Fund by defendant par- (A) DEFINITIONS.—For the purposes of this determinations, and shall be required to ful- ticipants as required under section 202(a)(2). Act, the terms ‘‘insurer’’ and ‘‘insurer par- fill its payment obligation without regard as Subtitle B—Asbestos Insurers Commission ticipant’’ shall, unless stated otherwise, in- to whether it is licensed in the United States. Every insurer participant not li- SEC. 210. DEFINITION. clude direct insurers and reinsurers, as well censed or domiciled in the United States In this subtitle, the term ‘‘captive insur- as any run-off entity established, in whole or shall, upon the first payment to the Fund, ance company’’ means a company— in part, to review and pay asbestos claims. submit a written consent to the Commis- (1) whose entire beneficial interest is (B) PROCEDURES FOR DETERMINING INSURER PAYMENTS.— sion’s and Administrator’s authority under owned on the date of enactment of this Act, this Act, and to the jurisdiction of the courts (i) AMOUNT OF PAYMENTS.—The Commis- directly or indirectly, by a defendant partici- of the United States for purposes of enforc- pant or by the ultimate parent or the affili- sion shall determine the amount that each insurer participant shall be required to pay ing this Act, in a form determined by the Ad- ated group of a defendant participant; ministrator. Any insurer participant refus- into the Fund under the procedures described (2) whose primary commercial business ing to provide a written consent shall be sub- in this section. The Commission shall make during the period from calendar years 1940 ject to fines and penalties as provided in sec- the determination by first promulgating a through 1986 was to provide insurance to its tion 223. rule establishing a methodology for alloca- ultimate parent or affiliated group, or any (D) ISSUERS OF FINITE RISK POLICIES.— tion of payments among insurer participants portion of the affiliated group or a combina- (i) IN GENERAL.—The issuer of any policy of and then applying such methodology to de- tion thereof; and retrospective reinsurance purchased by an (3) that was incorporated or operating no termine the individual payment for each in- insurer participant or its affiliate after 1990 later than December 31, 2003. surer participant. The methodology shall be that provides for a risk or loss transfer to in- SEC. 211. ESTABLISHMENT OF ASBESTOS INSUR- uniform for all insurer participants. sure for asbestos losses and other losses ERS COMMISSION. (ii) RESERVE STUDY REQUIRED.—The Com- (both known and unknown), including those (a) ESTABLISHMENT.—There is established mission shall conduct a reserve study (the policies commonly referred to as ‘‘finite the Asbestos Insurers Commission (referred ‘‘Reserve Study’’) to determine the appro- risk’’, ‘‘aggregate stop loss’’, ‘‘aggregate ex- to in this subtitle as the ‘‘Commission’’) to priate reserve allocation of each insurer par- cess of loss’’, or ‘‘loss portfolio transfer’’ carry out the duties described in section 212. ticipant and may request information from policies, shall be obligated to make pay- (b) MEMBERSHIP.— each insurer participant, defendant partici- ments required under this Act directly to the (1) APPOINTMENT.—The Commission shall pant, the Securities and Exchange Commis- Fund on behalf of the insurer participant be composed of 5 members who shall be ap- sion or any State regulatory agency for the who is the beneficiary of such policy, subject pointed by the President, by and with the ad- purpose of conducting the Reserve Study. to the underlying retention and the limits of vice and consent of the Senate. The Reserve Study shall calculate each in- liability applicable to such policy. (2) QUALIFICATIONS.— surer’s exposure to current and future asbes- (ii) PAYMENTS.—Payments to the Fund re- (A) EXPERTISE.—Members of the Commis- tos claims in the asbestos litigation environ- quired under this Act shall be treated as loss sion shall have sufficient expertise to fulfill ment before the date of enactment of this payments for asbestos bodily injury (as if their responsibilities under this subtitle. Act. Such calculation shall be derived from such payments were incurred as liabilities (B) CONFLICT OF INTEREST.— the following elements: imposed in the tort system) and shall not be (i) IN GENERAL.—No member of the Com- (I) An estimation of each defendant par- subject to exclusion under policies described mission appointed under paragraph (1) may ticipant’s current and future exposure to ex- under clause (i) as a liability with respect to be an employee or immediate family member pense and loss costs in the asbestos litiga- tax or assessment. Within 90 days after the of an employee of an insurer participant. No tion environment before the date of enact- scheduled date to make an annual payment member of the Commission shall be a share- ment of this Act (‘‘Ultimate Expense and to the Fund, the insurer participant shall, at holder of any insurer participant. No mem- Loss’’). its discretion, direct the reinsurer issuing ber of the Commission shall be a former offi- (II) The application of a uniform set of as- such policy to pay all or a portion of the an- cer or director, or a former employee or sumptions regarding the application of in- nual payment directly to the Fund up to the former shareholder of any insurer partici- surance and reinsurance to Ultimate Ex- full applicable limits of liability under the pant who was such an employee, shareholder, pense and Loss and an analysis of each in- policy. The reinsurer issuing such policy officer, or director at any time during the 2- surer participant’s unresolved or shall be obligated to make such payments di- year period ending on the date of the ap- unexhausted insurance or reinsurance cov- rectly to the Fund and shall be subject to pointment, unless that is fully disclosed be- erage applicable to such Ultimate Expense the enforcement provisions under section fore consideration in the Senate of the nomi- and Loss for each defendant participant; 223. The insurer participant shall remain ob- nation for appointment to the Commission. (III) A projection of each insurer’s expo- ligated to make payment to the Fund of that (ii) DEFINITION.—In clause (i), the term sure to claims by entities that had not yet portion of the annual payment not directed ‘‘shareholder’’ shall not include a broadly become defendants as of the date of enact- to the issuer of such reinsurance policy. based mutual fund that includes the stocks ment of this Act, but might reasonably have (2) AMOUNT OF PAYMENTS.— of insurer participants as a portion of its been anticipated to become defendants in the (A) AGGREGATE PAYMENT OBLIGATION.—The overall holdings. future if the asbestos litigation environment total payment required of all insurer partici- (C) FEDERAL EMPLOYMENT.—A member of before the date of enactment of this Act had pants over the life of the Fund shall be equal the Commission may not be an officer or em- continued. Not later than 60 days after the to $46,025,000,000, less any bankruptcy trust ployee of the Federal Government, except by initial meeting of the Commission, the Com- credits under section 222(d). reason of membership on the Commission. mission shall commence a rulemaking pro- (B) ACCOUNTING STANDARDS.—In deter- (3) PERIOD OF APPOINTMENT.—Members ceeding under section 213(a) to propose and mining the payment obligations of partici- shall be appointed for the life of the Commis- adopt a methodology for conducting the Re- pants that are not licensed or domiciled in sion. serve Study and allocating payments among the United States or that are runoff entities, (4) VACANCIES.—Any vacancy in the Com- insurer participants on the basis of the Re- the Commission shall use accounting stand- mission shall be filled in the same manner as serve Study. Such methodology shall be con- ards required for United States licensed di- the original appointment. sistent with this subparagraph. rect insurers. (5) CHAIRMAN.—The President shall select a (iii) PERMITTED EXTRAPOLATION OF ULTI- (C) CAPTIVE INSURANCE COMPANIES.—No Chairman from among the members of the MATE EXPENSE AND LOSS FOR PERIPHERAL DE- payment to the Fund shall be required from Commission. FENDANT PARTICIPANTS.—The Commission a captive insurance company, unless and (c) MEETINGS.— may establish an appropriate methodology only to the extent a captive insurance com- (1) INITIAL MEETING.—Not later than 30 to extrapolate Ultimate Expense and Loss pany, on the date of enactment of this Act, days after the date on which all members of for Tier VI defendant participants for the insures the asbestos liability, directly or in- the Commission have been appointed, the purposes of the Reserve Study. Consider- directly, of (and that arises out of the manu- Commission shall hold its first meeting. ations for such methodology shall include facture, sale, distribution or installation of (2) SUBSEQUENT MEETINGS.—The Commis- the nature of that Tier VI defendant partici- materials or products by, or other conduct sion shall meet at the call of the Chairman, pant’s asbestos liability, the number of pend- of) a person or persons other than and unaf- as necessary to accomplish the duties under ing and historic asbestos claims against the filiated with its ultimate parent or affiliated section 212. Tier VI defendant participant, and the juris- group or pool in which the ultimate parent (3) QUORUM.—No business may be con- dictions in which such Tier VI defendant par- participates or participated, or unaffiliated ducted or hearings held without the partici- ticipant had been sued for asbestos liability. with a person that was its ultimate parent or

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a member of its affiliated group or pool at been transferred, directly or indirectly, to (b) PROCEDURE FOR NOTIFYING INSURER the time the relevant insurance or reinsur- the runoff entity and on whose behalf the PARTICIPANTS OF INDIVIDUAL PAYMENT OBLI- ance was issued by the captive insurance runoff entity handles or adjusts and, where GATIONS.— company. appropriate, pays asbestos claims. (1) NOTICE TO PARTICIPANTS.—Not later (D) SEVERAL LIABILITY.—Unless otherwise (E) FINANCIAL HARDSHIP AND EXCEPTIONAL than 30 days after promulgation of the final provided under this Act, each insurer partici- CIRCUMSTANCE ADJUSTMENTS.— rule establishing an allocation methodology pant’s obligation to make payments to the (i) IN GENERAL.—Under the procedures es- under subsection (a)(1), the Commission Fund is several. Unless otherwise provided tablished in subsection (b), an insurer partic- shall— under this Act, there is no joint liability, ipant may seek adjustment of the amount of (A) directly notify all reasonably identifi- and the future insolvency by any insurer its payments based on exceptional cir- able insurer participants of the requirement participant shall not affect the payment re- cumstances or severe financial hardship. to submit information necessary to calculate quired of any other insurer participant. (ii) FINANCIAL ADJUSTMENTS.—An insurer the amount of any required payment to the (3) PAYMENT OF CRITERIA.— participant may qualify for an adjustment Fund under the allocation methodology; and (A) INCLUSION IN INSURER PARTICIPANT CAT- based on severe financial hardship by dem- (B) publish in the Federal Register a no- EGORY.— onstrating that payment of the amounts re- tice— (i) IN GENERAL.—Insurers that have paid, or quired by the Commission’s methodology (i) requiring any person who may be an in- been assessed by a legal judgment or settle- would jeopardize the solvency of such partic- surer participant (as determined by criteria ment, at least $1,000,000 in defense and in- ipant. outlined in the notice) to submit such infor- demnity costs before the date of enactment (iii) EXCEPTIONAL CIRCUMSTANCE ADJUST- mation; and of this Act in response to claims for com- MENT.—An insurer participant may qualify (ii) that includes a list of all insurer par- pensation for asbestos injuries arising from a for an adjustment based on exceptional cir- ticipants notified by the Commission under policy of liability insurance or contract of li- cumstances by demonstrating— subparagraph (A), and provides for 30 days ability reinsurance or retrocessional reinsur- (I) that the amount of its payments under for the submission of comments or informa- ance shall be insurer participants in the the Commission’s allocation methodology is tion regarding the completeness and accu- Fund. Other insurers shall be exempt from exceptionally inequitable when measured racy of the list of identified insurer partici- mandatory payments. against the amount of the likely cost to the pants. (ii) INAPPLICABILITY OF SECTION 202.—Since participant of its future liability in the tort (2) RESPONSE REQUIRED BY INDIVIDUAL IN- insurers may be subject in certain jurisdic- system in the absence of the Fund; SURER PARTICIPANTS.— tions to direct action suits, and it is not the (II) an offset credit as described in subpara- (A) IN GENERAL.—Any person who receives intent of this Act to impose upon an insurer, graphs (A) and (C) of subsection (b)(4); or notice under paragraph (1)(A), and any other due to its operation as an insurer, payment (III) other exceptional circumstances. person meeting the criteria specified in the obligations to the Fund in situations where notice published under paragraph (1)(B), the insurer is the subject of a direct action, The Commission may determine whether to shall respond by providing the Commission no insurer subject to mandatory payments grant an adjustment and the size of any such with all the information requested in the no- under this section shall also be liable for adjustment, but except as provided under tice under a schedule or by a date estab- payments to the Fund as a defendant partici- paragraph (1)(B), subsection (f)(3), and sec- lished by the Commission. pant under section 202. tion 405(f), any such adjustment shall not af- (B) CERTIFICATION.—The response sub- (B) INSURER PARTICIPANT ALLOCATION METH- fect the aggregate payment obligations of in- mitted under subparagraph (A) shall be ODOLOGY.— surer participants specified in paragraph signed by a responsible corporate officer, (i) IN GENERAL.—The Commission shall es- (2)(A) and subparagraph (C) of this para- general partner, proprietor, or individual of tablish the payment obligations of indi- graph. similar authority, who shall certify under vidual insurer participants to reflect, on an (iv) TIME PERIOD OF ADJUSTMENT.—Except penalty of law the completeness and accu- equitable basis, the relative tort system li- for adjustments for offset credits, adjust- racy of the information submitted. ability of the participating insurers in the ments granted under this subsection shall (3) NOTICE TO INSURER PARTICIPANTS OF INI- absence of this Act, considering and have a term not to exceed 3 years. An insurer TIAL PAYMENT DETERMINATION.— weighting, as appropriate (but exclusive of participant may renew its adjustment by (A) IN GENERAL.— workers’ compensation), such factors as— demonstrating to the Administrator that it (i) NOTICE TO INSURERS.—Not later than 120 (I) historic premium for lines of insurance remains justified. days after receipt of the information re- associated with asbestos exposure over rel- (F) FUNDING HOLIDAYS.— quired by paragraph (2), the Commission evant periods of time; (i) IN GENERAL.—If the Administrator de- shall send each insurer participant a notice (II) recent loss experience for asbestos li- termines, at any time after 10 years fol- of initial determination requiring payments ability; lowing the date of enactment of this Act, to the Fund, which shall be based on the in- (III) amounts reserved for asbestos liabil- that the assets of the Fund at the time of formation received from the participant in ity; such determination and expected future pay- response to the Commission’s request for in- (IV) the likely cost to each insurer partici- ments are sufficient to satisfy the Fund’s an- formation. An insurer participant’s pay- pant of its future liabilities under applicable ticipated obligations without the need for ments shall be payable over the schedule es- insurance policies; and all, or any portion of, that year’s payment tablished in subsection (a)(3)(C), in annual (V) any other factor the Commission may otherwise required under this subtitle, the amounts proportionate to the aggregate an- determine is relevant and appropriate. Administrator shall reduce or waive all or nual amount of payments for all insurer par- (ii) DETERMINATION OF RESERVES.—The any part of the payments required from in- ticipants for the applicable year. Commission may establish procedures and surer participants for that year. (ii) PUBLIC NOTICE.—Not later than 7 days standards for determination of the asbestos (ii) ANNUAL REVIEW.—The Administrator after sending the notification of initial de- reserves of insurer participants. The reserves shall undertake the review required by this termination to insurer participants, the of a United States licensed reinsurer that is subsection and make the necessary deter- Commission shall publish in the Federal wholly owned by, or under common control mination under clause (i) every year. Register a notice listing the insurer partici- of, a United States licensed direct insurer (iii) LIMITATIONS OF FUNDING HOLIDAYS.— pants that have been sent such notification, shall be included as part of the direct insur- Any reduction or waiver of the insurer par- and the initial determination on the payer’s reserves when the reinsurer’s financial ticipants’ funding obligations shall— ment obligation of each identified partici- results are included as part of the direct in- (I) be made only to the extent the Adminis- pant. surer’s United States operations, as reflected trator determines that the Fund will still be (B) NO RESPONSE; INCOMPLETE RESPONSE.— in footnote 33 of its filings with the National able to satisfy all of its anticipated obliga- If no response is received from an insurer Association of Insurance Commissioners or tions; and participant, or if the response is incomplete, in published financial statements prepared (II) be applied on an equal pro rata basis to the initial determination requiring a pay- in accordance with generally accepted ac- the funding obligations of all insurer partici- ment from the insurer participant shall be counting principles. pants for that year. based on the best information available to (C) PAYMENT SCHEDULE.—The aggregate an- (iv) NEW INFORMATION.—If at any time the the Commission. nual amount of payments by insurer partici- Administrator determines that a reduction (4) COMMISSION REVIEW, REVISION, AND FI- pants over the life of the Fund shall be as or waiver under this section may cause the NALIZATION OF INITIAL PAYMENT DETERMINA- follows: assets of the Fund and expected future pay- TIONS.— (i) For years 1 and 2, $2,700,000,000 annually. ments to decrease to a level at which the (A) COMMENTS FROM INSURER PARTICI- (ii) For years 3 through 5, $5,075,000,000 an- Fund may not be able to satisfy all of its an- PANTS.—Not later than 30 days after receiv- nually. ticipated obligations, the Administrator ing a notice of initial determination from (iii) For years 6 through 27, $1,147,000,000 shall revoke all or any part of such reduction the Commission, an insurer participant may annually. or waiver to the extent necessary to ensure provide the Commission with additional in- (iv) For year 28, $166,000,000. that the Fund’s obligations are met. Such formation to support adjustments to the re- (D) CERTAIN RUNOFF ENTITIES.—A runoff en- revocations shall be applied on an equal pro quired payments to reflect severe financial tity shall include any direct insurer or rein- rata basis to the funding obligations of all hardship or exceptional circumstances, insurer whose asbestos liability reserves have insurer participants for that year. cluding the provision of an offset credit for

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.081 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5371 an insurer participant for the amount of any location methodology governing the indi- trator shall assume all the responsibilities asbestos-related payments it made or was le- vidual payment obligations of the partici- and authority of the Commission, except gally obligated to make, including payments pants who are parties to the agreement. The that the Administrator shall not have the released from an escrow, as the result of a authority of the Commission under this sub- power to modify the allocation methodology bankruptcy judicially confirmed after May title shall, with respect to participants who established by the Commission or by cer- 22, 2003, but before the date of enactment of are parties to a certified allocation agree- tified agreement or to promulgate a rule es- this Act. ment, terminate on the day after the Com- tablishing any such methodology. (B) ADDITIONAL PARTICIPANTS.—If, before mission certifies such agreement. Under sub- (2) FINANCIAL HARDSHIP AND EXCEPTIONAL the final determination of the Commission, section (f), the Administrator shall assume CIRCUMSTANCE ADJUSTMENTS.—Upon termi- the Commission receives information that responsibility, if necessary, for calculating nation of the Commission under section 215, an additional person may qualify as an in- the individual payment obligations of par- the Administrator shall have the authority, surer participant, the Commission shall re- ticipants who are parties to the certified upon application by any insurer participant, quire such person to submit information nec- agreement. to make adjustments to annual payments essary to determine whether payments from (d) COMMISSION REPORT.— upon the same grounds as provided in sub- that person should be required, in accord- (1) RECIPIENTS.—Until the work of the section (a)(3)(D). Adjustments granted under ance with the requirements of this sub- Commission has been completed and the this subsection shall have a term not to ex- section. Commission terminated, the Commission ceed 3 years. An insurer participant may (C) REVISION PROCEDURES.—The Commis- shall submit an annual report, containing renew its adjustment by demonstrating that sion shall adopt procedures for revising ini- the information described under paragraph it remains justified. Upon the grant of any tial payments based on information received (2), to— adjustment, the Administrator shall increase under subparagraphs (A) and (B), including a (A) the Committee on the Judiciary of the the payments, consistent with subsection provision requiring an offset credit for an in- Senate; (a)(1)(B), required of all other insurer par- surer participant for the amount of any as- (B) the Committee on the Judiciary of the ticipants so that there is no reduction in the bestos-related payments it made or was le- House of Representatives; and aggregate payment required of all insurer gally obligated to make, including payments (C) the Administrator. participants for the applicable years. The in- released from an escrow, as the result of a (2) CONTENTS.—The report under paragraph crease in an insurer participant’s required bankruptcy confirmed after May 22, 2003, but (1) shall state the amount that each insurer payment shall be in proportion to such par- before the date of enactment of this Act. participant is required to pay to the Fund, ticipant’s share of the aggregate payment (5) EXAMINATIONS AND SUBPOENAS.— including the payment schedule for such obligation of all insurer participants. (A) EXAMINATIONS.—The Commission may payments. (3) CREDITS FOR SHORTFALL ASSESSMENTS.— (e) INTERIM PAYMENTS.— conduct examinations of the books and If insurer participants are required during (1) AMOUNT OF INTERIM PAYMENT.—Within records of insurer participants to determine the first 5 years of the life of the Fund to 90 days after the date of enactment of this the completeness and accuracy of informa- make up any shortfall in required insurer Act, insurer participants shall make an ag- tion submitted, or required to be submitted, payments under subsection (a)(1)(B), then, gregate payment to the Fund not to exceed to the Commission for purposes of deter- beginning in year 6, the Administrator shall 50 percent of the aggregate funding obliga- mining participant payments. grant each insurer participant a credit tion specified under subsection (a)(3)(C) for (B) SUBPOENAS.—The Commission may re- against its annual required payments during year 1. quest the Attorney General to subpoena per- the applicable years that in the aggregate (2) RESERVE INFORMATION.—Within 30 days sons to compel testimony, records, and other equal the amount of shortfall assessments after the date of enactment of this Act, each information relevant to its responsibilities paid by such insurer participant during the insurer participant shall submit to the Ad- under this section. The Attorney General first 5 years of the life of the Fund. The cred- ministrator a certified statement of its net may enforce such subpoena in appropriate it shall be prorated over the same number of held reserves for asbestos liabilities as of De- proceedings in the United States district years as the number of years during which court for the district in which the person to cember 31, 2004. the insurer participant paid a shortfall as- whom the subpoena was addressed resides, (3) ALLOCATION OF INTERIM PAYMENT.—The sessment. Insurer participants which did not was served, or transacts business. Administrator shall allocate the interim pay all required payments to the Fund dur- (6) ESCROW PAYMENTS.—Without regard to payment among the individual insurer par- ing the first 5 years of the life of the Fund an insurer participant’s payment obligation ticipants on an equitable basis using the net shall not be eligible for a credit. The Admin- under this section, any escrow or similar ac- held asbestos reserve information provided istrator shall not grant a credit for shortfall count established before the date of enact- by insurer participants under subsection assessments imposed under section 405(f). ment of this Act by an insurer participant in (a)(3)(B). Within 60 days after the date of en- (4) FINANCIAL SECURITY REQUIREMENTS.— connection with an asbestos trust fund that actment of this Act, the Administrator shall Whenever an insurer participant’s A.M. has not been judicially confirmed by final publish in the Federal Register the name of Best’s claims payment rating or Standard order by the date of enactment of this Act each insurer participant, and the amount of and Poor’s financial strength rating falls shall be the property of the insurer partici- the insurer participant’s allocated share of below A¥, and until such time as either the pant and returned to that insurer partici- the interim payment. The use of net held as- insurer participant’s A.M. Best’s Rating or pant. bestos reserves as the basis to determine an Standard and Poor’s rating is equal to or (7) NOTICE TO INSURER PARTICIPANTS OF interim allocation shall not be binding on greater than A¥, the Administrator shall FINAL PAYMENT DETERMINATIONS.—Not later the Administrator in the determination of have the authority to require that the par- than 60 days after the notice of initial deter- an appropriate final allocation methodology ticipating insurer either— mination is sent to the insurer participants, under this section. All payments required (A) pay the present value of its remaining the Commission shall send each insurer par- under this paragraph shall be credited Fund payments at a discount rate deter- ticipant a notice of final determination. against the participant’s ultimate payment mined by the Administrator; or (c) INSURER PARTICIPANTS VOLUNTARY AL- obligation to the Fund established by the (B) provide an evergreen letter of credit or LOCATION AGREEMENT.— Commission. If an interim payment exceeds financial guarantee for future payments (1) IN GENERAL.—Not later than 30 days the ultimate payment, the Fund shall pay issued by an institution with an A.M. Best’s after the Commission proposes its rule estab- interest on the amount of the overpayment claims payment rating or Standard & Poor’s lishing an allocation methodology under sub- at a rate determined by the Administrator. financial strength rating of at least A+. section (a)(1), direct insurer participants li- If the ultimate payment exceeds the interim (g) ACCOUNTING TREATMENT.—Insurer par- censed or domiciled in the United States, payment, the participant shall pay interest ticipants’ payment obligations to the Fund other direct insurer participants, reinsurer on the amount of the underpayment at the shall be subject to discounting under the ap- participants licensed or domiciled in the same rate. Any participant may seek an ex- plicable accounting guidelines for generally United States, or other reinsurer partici- emption from or reduction in any payment accepted accounting purposes and statutory pants, may submit an allocation agreement, required under this subsection under the fi- accounting purposes for each insurer partici- approved by all of the participants in the ap- nancial hardship and exceptional cir- pant. This subsection shall in no way reduce plicable group, to the Commission. cumstance standards established under sub- the amount of monetary payments to the (2) ALLOCATION AGREEMENT.—To the extent section (a)(3)(E). Fund by insurer participants as required the participants in any such applicable group (4) APPEAL OF INTERIM PAYMENT DECI- under subsection (a). voluntarily agree upon an allocation ar- SIONS.—A decision by the Administrator to (h) JUDICIAL REVIEW.—The Commission’s rangement, any such allocation agreement establish an interim payment obligation rule establishing an allocation methodology, shall only govern the allocation of payments shall be considered final agency action and its final determinations of payment obliga- within that group and shall not determine reviewable under section 303, except that the tions and other final action shall be judi- the aggregate amount due from that group. reviewing court may not stay an interim cially reviewable as provided in title III. (3) CERTIFICATION.—The Commission shall payment during the pendency of the appeal. SEC. 213. POWERS OF ASBESTOS INSURERS COM- determine whether an allocation agreement (f) TRANSFER OF AUTHORITY FROM THE COM- MISSION. submitted under subparagraph (A) meets the MISSION TO THE ADMINISTRATOR.— (a) RULEMAKING.—The Commission shall requirements of this subtitle and, if so, shall (1) IN GENERAL.—Upon termination of the promulgate such rules and regulations as certify the agreement as establishing the al- Commission under section 215, the Adminis- necessary to implement its authority under

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(2) ALLOCATION.—The Administrator shall places, take such testimony, and receive The Commission shall terminate 90 days allocate to each of the 4 accounts established such evidence as the Commission considers after the last date on which the Commission under paragraph (1) a portion of payments advisable to carry out this Act. The Commis- makes a final determination of contribution made to the Fund adequate to compensate sion shall also hold a hearing on any pro- under section 212(b) or 90 days after the last all anticipated claimants for each account. posed regulation establishing an allocation appeal of any final action by the Commission Within 60 days after the date of enactment of methodology, before the Commission’s adop- is exhausted, whichever occurs later. this Act, and periodically during the life of tion of a final regulation. SEC. 216. EXPENSES AND COSTS OF COMMISSION. the Fund, the Administrator shall determine (c) INFORMATION FROM FEDERAL AND STATE All expenses of the Commission shall be an appropriate amount to allocate to each AGENCIES.—The Commission may secure di- paid from the Fund. account after consulting appropriate epide- rectly from any Federal or State department Subtitle C—Asbestos Injury Claims miological and statistical studies. or agency such information as the Commis- Resolution Fund (d) AUDIT AUTHORITY.— sion considers necessary to carry out this SEC. 221. ESTABLISHMENT OF ASBESTOS INJURY (1) IN GENERAL.—For the purpose of Act. Upon request of the Chairman of the CLAIMS RESOLUTION FUND. ascertaining the correctness of any informa- Commission, the head of such department or (a) ESTABLISHMENT.—There is established tion provided or payments made to the Fund, agency shall furnish such information to the in the Office of Asbestos Disease Compensa- or determining whether a person who has not Commission. tion the Asbestos Injury Claims Resolution made a payment to the Fund was required to do so, or determining the liability of any (d) POSTAL SERVICES.—The Commission Fund, which shall be available to pay— may use the United States mails in the same (1) claims for awards for an eligible disease person for a payment to the Fund, or col- manner and under the same conditions as or condition determined under title I; lecting any such liability, or inquiring into other departments and agencies of the Fed- (2) claims for reimbursement for medical any offense connected with the administra- eral Government. monitoring determined under title I; tion or enforcement of this title, the Admin- istrator is authorized— (e) GIFTS.—The Commission may not ac- (3) principal and interest on borrowings (A) to examine any books, papers, records, cept, use, or dispose of gifts or donations of under subsection (b); or other data which may be relevant or ma- services or property. (4) the remaining obligations to the asbes- terial to such inquiry; (f) EXPERT ADVICE.—In carrying out its re- tos trust of a debtor and the class action (B) to summon the person liable for a pay- sponsibilities, the Commission may enter trust under section 405(g)(8); and ment under this title, or officer or employee into such contracts and agreements as the (5) administrative expenses to carry out of such person, or any person having posses- Commission determines necessary to obtain the provisions of this Act. sion, custody, or care of books of account expert advice and analysis. (b) BORROWING AUTHORITY.— (1) IN GENERAL.—The Administrator is au- containing entries relating to the business of SEC. 214. PERSONNEL MATTERS. thorized to borrow from time to time the person liable or any other person the Ad- (a) COMPENSATION OF MEMBERS.—Each amounts as set forth in this subsection, for ministrator may deem proper, to appear be- member of the Commission shall be com- purposes of enhancing liquidity available to fore the Administrator at a time and place pensated at a rate equal to the daily equiva- the Fund for carrying out the obligations of named in the summons and to produce such lent of the annual rate of basic pay pre- the Fund under this Act. The Administrator books, papers, records, or other data, and to scribed for level IV of the Executive Sched- may authorize borrowing in such form, over give such testimony, under oath, as may be ule under section 5315 of title 5, United such term, with such necessary disclosure to relevant or material to such inquiry; and States Code, for each day (including travel its lenders as will most efficiently enhance (C) to take such testimony of the person time) during which such member is engaged the Fund’s liquidity. concerned, under oath, as may be relevant or in the performance of the duties of the Com- (2) FEDERAL FINANCING BANK.—In addition material to such inquiry. mission. to the general authority in paragraph (1), the (2) FALSE, FRAUDULENT, OR FICTITIOUS (b) TRAVEL EXPENSES.—The members of Administrator may borrow from the Federal STATEMENTS OR PRACTICES.—If the Adminis- the Commission shall be allowed travel ex- Financing Bank in accordance with section 6 trator determines that materially false, penses, including per diem in lieu of subsist- of the Federal Financing Bank Act of 1973 (12 fraudulent, or fictitious statements or prac- ence, at rates authorized for employees of U.S.C. 2285), as needed for performance of the tices have been submitted or engaged in by agencies under subchapter I of chapter 57 of Administrator’s duties under this Act for the persons submitting information to the Ad- title 5, United States Code, while away from first 5 years. ministrator or to the Asbestos Insurers Com- their homes or regular places of business in (3) BORROWING CAPACITY.—The maximum mission or any other person who provides the performance of services for the Commis- amount that may be borrowed under this evidence in support of such submissions for sion. subsection at any given time is the amount purposes of determining payment obligations (c) STAFF.— that, taking into account all payment obli- under this Act, the Administrator may im- (1) IN GENERAL.—The Chairman of the Com- gations related to all previous amounts bor- pose a civil penalty not to exceed $10,000 on mission may, without regard to the civil rowed in accordance with this subsection and any person found to have submitted or en- service laws and regulations, appoint and all committed obligations of the Fund at the gaged in a materially false, fraudulent, or terminate an executive director and such time of borrowing, can be repaid in full (with fictitious statement or practice under this other additional personnel as may be nec- interest) in a timely fashion from— Act. The Administrator shall promulgate ap- essary to enable the Commission to perform (A) the available assets of the Fund as of propriate regulations to implement this its duties. The employment of an executive the time of borrowing; and paragraph. director shall be subject to confirmation by (B) all amounts expected to be paid by par- (e) IDENTITY OF CERTAIN DEFENDANT PAR- the Commission. ticipants during the subsequent 10 years. TICIPANTS; TRANSPARENCY.— (2) COMPENSATION.—The Chairman of the (4) REPAYMENT OBLIGATIONS.—Repayment (1) SUBMISSION OF INFORMATION.—Not later Commission may fix the compensation of the of monies borrowed by the Administrator than 60 days after the date of enactment of executive director and other personnel with- under this subsection shall be repaid in full this Act, any person who, acting in good out regard to chapter 51 and subchapter III of by the Fund contributors and is limited sole- faith, has knowledge that such person or chapter 53 of title 5, United States Code, rely to amounts available, present or future, in such person’s affiliated group has prior as- lating to classification of positions and Gen- the Fund. bestos expenditures of $1,000,000 or greater, eral Schedule pay rates, except that the rate (c) LOCKBOX FOR SEVERE ASBESTOS-RE- shall submit to the Administrator— of pay for the executive director and other LATED INJURY CLAIMANTS.— (A) either the name of such person, or such personnel may not exceed the rate payable (1) IN GENERAL.—Within the Fund, the Ad- person’s ultimate parent; and for level V of the Executive Schedule under ministrator shall establish the following ac- (B) the likely tier to which such person or section 5316 of such title. counts: affiliated group may be assigned under this (d) DETAIL OF GOVERNMENT EMPLOYEES.— (A) A Mesothelioma Account, which shall Act. Any Federal Government employee may be be used solely to make payments to claim- (2) PUBLICATION.—Not later than 20 days detailed to the Commission without reim- ants eligible for an award under the criteria after the end of the 60-day period referred to bursement, and such detail shall be without of Level IX. in paragraph (1), the Administrator or In- interruption or loss of civil service status or (B) A Lung Cancer Account, which shall be terim Administrator, if the Administrator is privilege. used solely to make payments to claimants not yet appointed, shall publish in the Fed- (e) PROCUREMENT OF TEMPORARY AND eligible for an award under the criteria of eral Register a list of submissions required INTERMITTENT SERVICES.—The Chairman of Level VIII. by this subsection, including the name of the Commission may procure temporary and (C) A Severe Asbestosis Account, which such persons or ultimate parents and the intermittent services under section 3109(b) of shall be used solely to make payments to likely tier to which such persons or affiliated

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groups may be assigned. After publication of (3) CERTIFICATION.— reorganization under which the bankruptcy such list, any person who, acting in good (A) IN GENERAL.—Before imposing a sur- trust was established had not been confirmed faith, has knowledge that any other person charge under this subsection, the Adminis- and substantially consummated and the pro- has prior asbestos expenditures of $1,000,000 trator shall publish a notice in the Federal ceeding under chapter 11 of title 11, United or greater may submit to the Administrator Register and provide in such notice for a States Code, that resulted in the establish- or Interim Administrator information on the public comment period of 30 days. ment of the bankruptcy trust had remained identity of that person and the person’s prior (B) CONTENTS OF NOTICE.—The notice re- pending as of the date of enactment of this asbestos expenditures. quired under subparagraph (A) shall in- Act. (f) NO PRIVATE RIGHT OF ACTION.—Except clude— (B) INSURER PARTICIPANTS.—The aggregate as provided in sections 203(b)(2)(D)(ii) and (i) information explaining the cir- amount of all credits to which insurers are 204(f)(3), there shall be no private right of ac- cumstances that make a surcharge necessary entitled to under section 202(c)(4)(A) of the tion under any Federal or State law against and a certification that the requirements Act. any participant based on a claim of compli- under paragraph (1) are met; SEC. 223. ENFORCEMENT OF PAYMENT OBLIGA- ance or noncompliance with this Act or the (ii) the amount of the declared assets from TIONS. involvement of any participant in the enact- any trust established under a plan of reorga- (a) DEFAULT.—If any participant fails to ment of this Act. nization confirmed and substantially con- make any payment in the amount of and ac- SEC. 222. MANAGEMENT OF THE FUND. summated on or before July 31, 2004, that cording to the schedule under this Act or as was not made, or is no longer, available to prescribed by the Administrator, after de- (a) IN GENERAL.—Amounts in the Fund the Fund; shall be held for the exclusive purpose of pro- mand and a 30-day opportunity to cure the (iii) the total aggregate amount of the nec- default, there shall be a lien in favor of the viding benefits to asbestos claimants and essary surcharge; and United States for the amount of the delin- their beneficiaries and to otherwise defray (iv) the surcharge amount for each tier and quent payment (including interest) upon all the reasonable expenses of administering the subtier of defendant participants and for property and rights to property, whether real Fund. each insurer participant. or personal, belonging to such participant. (b) INVESTMENTS.— (C) FINAL NOTICE.—The Administrator shall (b) BANKRUPTCY.—In the case of a bank- N GENERAL.—Amounts in the Fund (1) I publish a final notice in the Federal Register ruptcy or insolvency proceeding, the lien im- shall be administered and invested with the and provide each participant with written posed under subsection (a) shall be treated in care, skill, prudence, and diligence, under notice of that participant’s schedule of pay- the same manner as a lien for taxes due and the circumstances prevailing at the time of ments under this subsection. In no event owing to the United States for purposes of such investment, that a prudent person act- shall any required surcharge under this sub- the provisions of title 11, United States Code, ing in a like capacity and manner would use. section be due before 60 days after the Ad- or section 3713(a) of title 31, United States (2) STRATEGY.—The Administrator shall in- ministrator publishes the final notice in the Code. The United States Bankruptcy Court vest amounts in the Fund in a manner that Federal Register and provides each partici- shall have jurisdiction over any issue or con- enables the Fund to make current and future pant with written notice of its schedule of troversy regarding lien priority and lien per- distributions to or for the benefit of asbestos payments. fection arising in a bankruptcy case due to a claimants. In pursuing an investment strat- (4) MAXIMUM AMOUNT.—In no event shall lien imposed under subsection (a). egy under this subparagraph, the Adminis- the total aggregate surcharge imposed by (c) CIVIL ACTION.— trator shall consider, to the extent relevant the Administrator exceed the lesser of— (1) IN GENERAL.—In any case in which there to an investment decision or action— (A) the total aggregate amount of the de- has been a refusal or failure to pay any li- (A) the size of the Fund; clared assets of the trusts established under ability imposed under this Act, including a (B) the nature and estimated duration of a plan of reorganization confirmed and sub- refusal or failure to provide the information the Fund; stantially consummated prior to July 31, required under section 204 needed to deter- (C) the liquidity and distribution require- 2004, that are no longer available to the mine liability, the Administrator may bring ments of the Fund; Fund; or a civil action in any appropriate United (D) general economic conditions at the (B) $4,000,000,000. States District Court, or any other appro- time of the investment; (5) DECLARED ASSETS.— priate lawsuit or proceeding outside of the (E) the possible effect of inflation or defla- (A) IN GENERAL.—In this subsection, the United States— tion on Fund assets; term ‘‘declared assets’’ means— (A) to enforce the liability and any lien of (F) the role that each investment or course (i) the amount of assets transferred by any the United States imposed under this sec- of action plays with respect to the overall trust established under a plan of reorganization; assets of the Fund; tion confirmed and substantially con- (B) to subject any property of the partici- (G) the expected amount to be earned (in- summated on or before July 31, 2004, to the pant, including any property in which the cluding both income and appreciation of cap- Fund that is required to be returned to that participant has any right, title, or interest ital) through investment of amounts in the trust under the final judgment described in to the payment of such liability; Fund; and paragraph (1)(A); or (C) for temporary, preliminary, or perma- (H) the needs of asbestos claimants for cur- (ii) if no assets were transferred by the nent relief; or rent and future distributions authorized trust to the Fund, the amount of assets the (D) to enforce a subpoena issued under sec- under this Act. Administrator determines would have been tion 204(i)(9) to compel the production of (c) BANKRUPTCY TRUST GUARANTEE.— available for transfer to the Fund from that documents necessary to determine liability. (1) IN GENERAL.—Notwithstanding any trust under section 402(f). (2) ADDITIONAL PENALTIES.—In any action other provision of this Act, the Adminis- (B) DETERMINATION.—In making a deter- under paragraph (1) in which the refusal or trator shall have the authority to impose a mination under subparagraph (A)(ii), the Ad- failure to pay was willful, the Administrator pro rata surcharge on all participants under ministrator may rely on any information may seek recovery— this subsection to ensure the liquidity of the reasonably available, and may request, and (A) of punitive damages; Fund, if— use subpoena authority of the Administrator (B) of the costs of any civil action under (A) the declared assets from 1 or more if necessary to obtain, relevant information this subsection, including reasonable fees in- bankruptcy trusts established under a plan from any such trust or its trustees. curred for collection, expert witnesses, and of reorganization confirmed and substan- (d) BANKRUPTCY TRUST CREDITS.— attorney’s fees; and tially consummated on or before July 31, (1) IN GENERAL.—Notwithstanding any (C) in addition to any other penalty, of a 2004, are not available to the Fund because a other provision of this Act, but subject to fine equal to the total amount of the liabil- final judgment that has been entered by a paragraph (2) of this subsection, the Admin- ity that has not been collected. court and is no longer subject to any appeal istrator shall provide a credit toward the ag- (d) ENFORCEMENT AUTHORITY AS TO INSURER or review has enjoined the transfer of assets gregate payment obligations under sections PARTICIPANTS.— required under section 524(j)(2) of title 11, 202(a)(2) and 212(a)(2)(A) for assets received (1) IN GENERAL.—In addition to or in lieu of United States Code (as amended by section by the Fund from any bankruptcy trust es- the enforcement remedies described in sub- 402(f) of this Act); and tablished under a plan of reorganization con- section (c), the Administrator may seek to (B) borrowing is insufficient to assure the firmed and substantially consummated after recover amounts in satisfaction of a pay- Fund’s ability to meet its obligations under July 31, 2004. ment not timely paid by an insurer partici- this Act such that the required borrowed (2) ALLOCATION OF CREDITS.—The Adminis- pant under the procedures under this sub- amount is likely to increase the risk of ter- trator shall allocate, for each such bank- section. mination of this Act under section 405 based ruptcy trust, the credits for such assets be- (2) SUBROGATION.—To the extent required on reasonable claims projections. tween the defendant and insurer aggregate to establish personal jurisdiction over non- (2) ALLOCATION.—Any surcharge imposed payment obligations as follows: paying insurer participants, the Adminis- under this subsection shall be imposed over a (A) DEFENDANT PARTICIPANTS.—The aggre- trator shall be deemed to be subrogated to period of 5 years on a pro rata basis upon all gate amount that all persons other than in- the contractual rights of participants to participants, in accordance with the relative surers contributing to the bankruptcy trust seek recovery from nonpaying insuring par- aggregate funding obligations under sections would have been required to pay as Tier I de- ticipants that are domiciled outside the 202(a)(2) and 212(a)(2)(A). fendants under section 203(b) if the plan of United States under the policies of liability

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insurance or contracts of liability reinsur- (g) DEFENSE LIMITATION.—In any pro- (A) IN GENERAL.—The Administrator shall ance or retrocessional reinsurance applicable ceeding under this section, the participant determine by rule or regulation the informa- to asbestos claims, and the Administrator shall be barred from bringing any challenge tion to be included in the notice required may bring an action or an arbitration to any determination of the Administrator under this subsection, which shall include against the nonpaying insurer participants or the Asbestos Insurers Commission regard- such information as may be necessary to en- under the provisions of such policies and ing its liability under this Act, or to the con- able the Administrator to determine wheth- contracts, provided that— stitutionality of this Act or any provision er— (A) any amounts collected under this sub- thereof, if such challenge could have been (i) the person or persons to whom the as- section shall not increase the amount of made during the review provided under sec- sets, properties, or business were transferred deemed erosion allocated to any policy or tion 204(i)(10), or in a judicial review pro- in the transaction (or series of transactions) contract under section 404, or otherwise re- ceeding under section 303. should be considered to be the successor in duce coverage available to a participant; and (h) DEPOSIT OF FUNDS.— interest of the participant for purposes of (B) subrogation under this subsection shall (1) IN GENERAL.—Any funds collected under this Act; or have no effect on the validity of the insur- subsection (c)(2) (A) or (C) shall be— (ii) the transaction (or series of trans- ance policies or reinsurance, and any con- (A) deposited in the Fund; and actions) is subject to avoidance by a trustee trary State law is expressly preempted. (B) used only to pay— under section 544(b) or 548 of title 11, United (3) RECOVERABILITY OF CONTRIBUTION.—For (i) claims for awards for an eligible disease States Code, as if, but whether or not, the purposes of this subsection— or condition determined under title I; or participant is subject to a case under title 11, (A) all contributions to the Fund required (ii) claims for reimbursement for medical United States Code. of a participant shall be deemed to be sums monitoring determined under title I. (B) STATEMENTS.—The notice shall also in- legally required to be paid for bodily injury (2) NO EFFECT ON OTHER LIABILITIES.—The clude— resulting from exposure to asbestos; imposition of a fine under subsection (i) a statement by the participant as to (B) all contributions to the Fund required (c)(2)(C) shall have no effect on— whether the participant believes any person of any participant shall be deemed to be a (A) the assessment of contributions under has become a successor in interest to the single loss arising from a single occurrence subtitles A and B; or participant for purposes of this Act and, if under each contract to which the Adminis- (B) any other provision of this Act. so, the identity of that person; and (ii) a statement by the participant as to trator is subrogated; and (i) PROPERTY OF THE ESTATE.—Section (C) with respect to reinsurance contracts, 541(b) of title 11, United States Code, is whether that person has acknowledged that all contributions to the Fund required of a amended— it has become a successor in interest for pur- participant shall be deemed to be payments (1) in paragraph (4)(B)(ii), by striking ‘‘or’’ poses of this Act. to a single claimant for a single loss. at the end; (4) DEFINITION.—In this subsection, the (4) NO CREDIT OR OFFSET.—In any action (2) in paragraph (5), by striking ‘‘prohibi- term ‘‘significant portion of the assets, prop- brought under this subsection, the non- tion.’’ and inserting ‘‘prohibition; or’’; and erties, or business of a participant’’ means paying insurer or reinsurer shall be entitled (3) by inserting after paragraph (5) and be- assets (including tangible or intangible as- to no credit or offset for amounts collectible fore the last undesignated sentence the fol- sets, securities, and cash), properties or busi- or potentially collectible from any partici- lowing: ness of such participant (or its affiliated pant nor shall such defaulting participant ‘‘(6) the value of any pending claim against group, to the extent that the participant has have any right to collect any sums payable or the amount of an award granted from the elected to be part of an affiliated group under this section from any participant. Asbestos Injury Claims Resolution Fund es- under section 204(f)) that, together with any (5) COOPERATION.—Insureds and cedents tablished under the Fairness in Asbestos In- other asset, property, or business transferred shall cooperate with the Administrator’s jury Resolution Act of 2006.’’. by such participant in any of the previous completed 5 fiscal years of such participant reasonable requests for assistance in any (j) TRANSACTIONS.— (or, as appropriate, its affiliated group), and such proceeding. The positions taken or (1) NOTICE OF TRANSACTION.—Any partici- as determined in accordance with United statements made by the Administrator in pant that has engaged in any transaction or States generally accepted accounting prin- any such proceeding shall not be binding on series of transactions under which a signifi- ciples as in effect from time to time— or attributed to the insureds or cedents in cant portion of such participant’s assets, (A) generated at least 40 percent of the rev- any other proceeding. The outcome of such a properties, or business was, directly or indi- enues of such participant (or its affiliated proceeding shall not have a preclusive effect rectly, transferred by any means (including group); on the insureds or cedents in any other pro- by sale, dividend, contribution to a sub- (B) constituted at least 40 percent of the ceeding and shall not be admissible against sidiary or split-off) to 1 or more persons assets of such participant (or its affiliated any subrogee under this section. The Admin- other than the participant shall provide group); istrator shall have the authority to settle or written notice to the Administrator of such (C) generated at least 40 percent of the op- compromise any claims against a nonpaying transaction (or series of transactions). erating cash flows of such participant (or its insurer participant under this subsection. (2) TIMING OF NOTICE AND RELATED AC- affiliated group); or (e) BAR ON UNITED STATES BUSINESS.—If TIONS.— any direct insurer or reinsurer refuses to pay (D) generated at least 40 percent of the net (A) IN GENERAL.—Any notice that a partici- income or loss of such participant (or its af- any contribution required by this Act, then, pant is required to give under paragraph (1) filiated group), in addition to any other penalties imposed shall be given not later than 30 days after by this Act, the Administrator shall issue an the date of consummation of the transaction as measured during any of such 5 previous order barring such entity and its affiliates or the first transaction to occur in a pro- fiscal years. from insuring risks located within the posed series of transactions. (5) RIGHT OF ACTION.— United States or otherwise doing business (B) OTHER NOTIFICATIONS.— (A) IN GENERAL.—Notwithstanding section within the United States unless and until it 221(f), if the Administrator or any partici- complies. If any direct insurer or reinsurer (i) IN GENERAL.—Not later than the date in any year by which a participant is required pant believes that a participant has engaged, refuses to furnish any information requested directly or indirectly, in, or is the subject of, by the Administrator, the Administrator to make its contribution to the Fund, the participant shall deliver to the Adminis- a transaction (or series of transactions)— may issue an order barring such entity and (i) involving a person or persons who, as a its affiliates from insuring risks located trator a written certification stating that— (I) the participant has complied during the result of such transaction (or series of trans- within the United States or otherwise doing actions), may have or may become the suc- business within the United States unless and period since the last such certification or the cessor in interest or successors in interest of until it complies. Insurer participants or date of enactment of this Act with the notice such participant, where the status as a suc- their affiliates seeking to obtain a license requirements under this subsection; or cessor in interest has not been stated and ac- from any State to write any type of insur- (II) the participant was not required to knowledged by the participant and such per- ance shall be barred from obtaining any such provide any notice under this subsection dur- son; or license until payment of all contributions re- ing such period. (ii) that may be subject to avoidance by a quired as of the date of license application. (ii) SUMMARY.—The Administrator shall in- trustee under section 544(b) or 548 of title 11, (f) CREDIT FOR REINSURANCE.—If the Ad- clude in the annual report required to be ministrator determines that an insurer par- submitted to Congress under section 405 a United States Code, as if, but whether or not, ticipant that is a reinsurer is in default in summary of all such notices (after removing the participant is a subject to a case under paying any required contribution or other- all confidential identifying information) re- title 11, United States Code, wise not in compliance with this Act, the ceived during the most recent fiscal year. then the Administrator or such participant Administrator may issue an order barring (C) NOTICE COMPLETION.—The Adminis- may, as a deemed creditor under applicable any direct insurer participant from receiving trator shall not consider any notice given law, bring a civil action in an appropriate credit for reinsurance purchased from the de- under paragraph (1) as given until such time forum against the participant or any other faulting reinsurer after the date of the Ad- as the Administrator receives substantially person who is either a party to the trans- ministrator’s determination of default. Any all the information required by this sub- action (or series of transactions) or the re- State law governing credit for reinsurance to section. cipient of any asset, property, or business of the contrary is preempted. (3) CONTENTS OF NOTICE.— the participant.

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(B) RELIEF ALLOWED.—In any action com- (1) ESTABLISHMENT OF PROGRAM.—Not soon- dividual shall be limited to the amount that menced under this subsection, the Adminis- er than 18 months or later than 24 months would be reimbursed at the time of the fur- trator or a participant, as applicable, may after the Administrator certifies that the nishing of such services under title XVIII of seek— Fund is fully operational and processing the Social Security Act (42 U.S.C. 1395 et (i) with respect to a transaction (or series claims at a reasonable rate, the Adminis- seq.) for similar services if such services are of transactions) referenced in clause (i) of trator shall adopt guidelines establishing a covered under title XVIII of the Social Secu- subparagraph (A), a declaratory judgment re- medical screening program for individuals at rity Act (42 U.S.C. 1395 et seq.). garding whether such person has become the high risk of asbestos-related disease result- (7) FUNDING; PERIODIC REVIEW.— successor in interest of such participant; or ing from an asbestos-related disease. In pro- (A) FUNDING.—The Administrator shall (ii) with respect to a transaction (or series mulgating such guidelines, the Adminis- make such funds available from the Fund to of transactions) referenced in clause (ii) of trator shall consider the views of the Advi- implement this section, with a minimum of subparagraph (A) a temporary restraining sory Committee on Asbestos Disease Com- $20,000,000 but not more than $30,000,000 each order or a preliminary or permanent injunc- pensation, the Medical Advisory Committee, year in each of the 5 years following the ef- tion such other relief regarding such trans- and the public. fective date of the medical screening pro- action (or series of transactions) as the court (2) ELIGIBILITY CRITERIA.— gram. Notwithstanding the preceding sen- determines to be necessary to ensure that (A) IN GENERAL.—The guidelines promul- tence, the Administrator shall suspend the performance of a participant’s payment obligated under this subsection shall establish operation of the program or reduce its fund- gations under this Act is not materially im- criteria for participation in the medical ing level if necessary to preserve the sol- paired by reason of such transaction (or se- screening program. vency of the Fund and to prevent the sunset ries of transactions). (B) CONSIDERATIONS.—In promulgating eli- of the overall program under section 405(g). (C) APPLICABILITY.—If the Administrator gibility criteria the Administrator shall (B) REVIEW.—The Administrator may re- or a participant wishes to challenge a state- take into consideration all factors relevant duce the amount of funding below $20,000,000 ment made by a participant that a person to the individual’s effective cumulative ex- each year if the program is fully imple- has not become a successor in interest for posure to asbestos, including— mented. The Administrator’s first annual re- purposes of this Act, then this paragraph (i) any industry in which the individual port under section 405 following the close of shall be the exclusive means by which the worked; the 4th year of operation of the medical determination of whether such person be- (ii) the individual’s occupation and work screening program shall include an analysis came a successor in interest of the partici- setting; of the usage of the program, its cost and ef- pant shall be made. This paragraph shall not (iii) the historical period in which exposure fectiveness, its medical value, and the need preempt any other rights of any person took place; to continue that program for an additional 5- under applicable Federal or State law. (iv) the duration of the exposure; year period. The Administrator shall also (v) the intensity and duration of non- recommend to Congress any improvements (D) VENUE.—Any action under this paragraph shall be exclusively brought in any ap- occupational exposures; that may be required to make the program propriate United States district court or, to (vi) the intensity and duration of exposure more effective, efficient, and economical, the extent necessary to obtain complete re- to risk levels of naturally occurring asbestos and shall recommend a funding level for the lief, any other appropriate forum outside of as defined by the Environmental Protection program for the 5 years following the period Agency; and the United States. of initial funding referred to under subpara- (vii) any other factors that the Adminis- graph (A). (6) RULES AND REGULATIONS.—The Adminis- trator determines relevant. (d) LIMITATION.—In no event shall the total trator may promulgate regulations to effec- (3) PROTOCOLS.—The guidelines developed amount allocated to the medical screening tuate the intent of this subsection, including under this subsection shall establish proto- program established under this subsection regulations relating to the form, timing, and cols for medical screening, which shall in- over the lifetime of the Fund exceed content of notices. clude— $600,000,000. SEC. 224. INTEREST ON UNDERPAYMENT OR NON- (A) administration of a health evaluation (e) MEDICAL MONITORING PROGRAM AND PAYMENT. and work history questionnaire; PROTOCOLS.— If any amount of payment obligation under (B) an evaluation of smoking history; (1) IN GENERAL.—The Administrator shall this title is not paid on or before the last (C) a physical examination by a qualified establish procedures for a medical moni- date prescribed for payment, the liable party physician with a doctor-patient relationship toring program for persons exposed to asbes- shall pay interest on such amount at the with the individual; tos who have been approved for level I com- Federal short-term rate determined under (D) a chest x-ray read by a certified B-read- pensation under section 131. section 6621(b) of the Internal Revenue Code er as defined under section 121(a)(4); and (2) PROCEDURES.—The procedures for med- of 1986, plus 5 percentage points, for the pe- (E) pulmonary function testing as defined ical monitoring shall include— riod from such last date to the date paid. under section 121(a)(13). (A) specific medical tests to be provided to SEC. 225. EDUCATION, CONSULTATION, SCREEN- (4) FREQUENCY.—The Administrator shall eligible individuals and the periodicity of ING, AND MONITORING. establish the frequency with which medical those tests, which shall initially be provided (a) IN GENERAL.—The Administrator shall screening shall be provided or be made avail- every 3 years and include— establish a program for the education, con- able to eligible individuals, which shall be (i) administration of a health evaluation sultation, medical screening, and medical not less than every 5 years. and work history questionnaire; monitoring of persons with exposure to as- (5) PROVISION OF SERVICES.—The Adminis- (ii) physical examinations, including blood bestos. The program shall be funded by the trator shall provide medical screening to eli- pressure measurement, chest examination, Fund. gible individuals directly or by contract with and examination for clubbing; (b) OUTREACH AND EDUCATION.— another agency of the Federal Government, (iii) AP and lateral chest x-ray; and (1) IN GENERAL.—Not later than 1 year after with State or local governments, or with pri- (iv) spirometry performed according to the date of enactment of this Act, the Ad- vate providers of medical services. The Ad- ATS standards; ministrator shall establish an outreach and ministrator shall establish strict qualifica- (B) qualifications of medical providers who education program, including a website de- tions for the providers of such services, and are to provide the tests required under sub- signed to provide information about asbes- shall periodically audit the providers of serv- paragraph (A); and tos-related medical conditions to members of ices under this subsection, to ensure their in- (C) administrative provisions for reim- populations at risk of developing such condi- tegrity, high degree of competence, and com- bursement from the Fund of the costs of tions. pliance with all applicable technical and pro- monitoring eligible claimants, including the (2) INFORMATION.—The information professional standards. No provider of medical costs associated with the visits of the claim- vided under paragraph (1) shall include infor- screening services may have earned more ants to physicians in connection with med- mation about— than 15 percent of their income from the pro- ical monitoring, and with the costs of per- (A) the signs and symptoms of asbestos-revision of services of any kind in connection forming and analyzing the tests. lated medical conditions; with asbestos litigation in any of the 3 years (3) PREFERENCES.— (B) the value of appropriate medical preceding the date of enactment of this Act. (A) IN GENERAL.—In administering the screening programs; and All contracts with providers of medical monitoring program under this subsection, (C) actions that the individuals can take to screening services under this subsection preference shall be given to medical and pro- reduce their future health risks related to shall contain provisions for reimbursement gram providers with— asbestos exposure. of screening services at a reasonable rate and (i) a demonstrated capacity for identifying, (3) CONTRACTS.—Preference in any contract termination of such contracts for cause if contacting, and evaluating populations of under this subsection shall be given to pro- the Administrator determines that the serv- workers or others previously exposed to as- viders that are existing nonprofit organiza- ice provider fails to meet the qualifications bestos; and tions with a history and experience of pro- established under this subsection. (ii) experience in establishing networks of viding occupational health outreach and edu- (6) LIMITATION OF COMPENSATION FOR SERV- medical providers to conduct medical screen- cational programs for individuals exposed to ICES.—The compensation required to be paid ing and medical monitoring examinations. asbestos. to a provider of medical screening services (B) PROVISION OF LISTS.—Claimants that (c) MEDICAL SCREENING PROGRAM.— for such services furnished to an eligible in- are eligible to participate in the medical

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.082 S26MYPT1 ycherry on PROD1PC64 with SENATE S5376 CONGRESSIONAL RECORD — SENATE May 26, 2006 monitoring program shall be provided with a pathology, evaluation, treatment, outcomes, (C) demonstrate a history of program list of approved providers in their geographic and quality of life and a Tissue Bank to in- spending that is devoted specifically to the area at the time such claimants become eli- clude the pre- and post-treatment blood mission of extending the survival of current gible to receive medical monitoring. (serum and blood cells) specimens as well as and future mesothelioma patients, including (f) CONTRACTS.—The Administrator may tissue specimens from biopsies and surgery. a history of soliciting, peer reviewing enter into contracts with qualified program Not less than $500,000 of the amount made through a competitive process, and funding providers that would permit the program available under the preceding sentence in research grant applications relating to the providers to undertake large-scale medical each fiscal year shall be allocated for the detection, prevention, treatment, and cure of screening and medical monitoring programs collection and maintenance of tissue speci- mesothelioma. by means of subcontracts with a network of mens. (4) CONTRACTS FOR OVERSIGHT.—The Direc- medical providers, or other health providers. (2) REQUIREMENTS.—The Director of the tor of the National Institutes of Health may (g) REVIEW.—Not later than 5 years after National Institutes of Health, with the ad- enter into contracts with the Center for the the date of enactment of this Act, and every vice and consent of the Medical Advisory selection and oversight of the centers estab- 5 years thereafter, the Administrator shall Committee, shall conduct a competitive peer lished under subsection (b), or selection of review, and if necessary update, the proto- review process to select a site to administer the director of the Registry and the Tissue cols and procedures established under this the Registry and Tissue Bank described in Bank under subsection (c) and oversight of section. paragraph (1). The Director shall ensure that the Registry and the Tissue Bank. SEC. 226. NATIONAL MESOTHELIOMA RESEARCH the site selected under this paragraph— (e) REPORT AND RECOMMENDATIONS.—Not AND TREATMENT PROGRAM. (A) is available to all mesothelioma pa- later than September 30, 2015, The Director (a) IN GENERAL.—There is established the tients and qualifying physicians throughout of the National Institutes of Health shall, National Mesothelioma Research and Treat- the United States; after opportunity for public comment and re- ment Program (referred to in this section as (B) is subject to all applicable medical and view, publish and provide to Congress a re- the ‘‘Program’’) to investigate and advance patient privacy laws and regulations; port and recommendations on the results the detection, prevention, treatment, and (C) is carrying out activities to ensure that achieved and information gained through the cure of malignant mesothelioma. data is accessible via the Internet; and Program, including— (b) MESOTHELIOMA CENTERS.— (D) provides data and tissue samples to (1) information on the status of mesothe- (1) IN GENERAL.—The Administrator shall qualifying researchers and physicians who lioma as a national health issue, including— make available $1,500,000 from the Fund, and apply for such data in order to further the the Director of the National Institutes of (A) annual United States incidence and understanding, prevention, screening, diag- death rate information and whether such Health shall make available $1,000,000 from nosis, or treatment of malignant mesothe- amounts available to the Director, for each rates are increasing or decreasing; lioma. (B) the average prognosis; and of fiscal years 2006 through 2015, for the es- ENTER FOR MESOTHELIOMA EDU- (d) C (C) the effectiveness of treatments and tablishment of each of 10 mesothelioma dis- CATION.— means of prevention; ease research and treatment centers. (1) ESTABLISHMENT.—The Administrator (2) promising advances in mesothelioma (2) REQUIREMENTS.—The Director of the shall make available $1,000,000 from the treatment and research which could be fur- National Institutes of Health, in consulta- Fund, and the Director of the National Insti- ther developed if the Program is reauthor- tion with the Medical Advisory Committee, tutes of Health shall make available ized; and shall conduct a competitive peer review $1,000,000 from amounts available to the Di- (3) a summary of advances in mesothe- process to select sites for the centers de- rector, for each of fiscal years 2006 through lioma treatment made in the 10-year period scribed in paragraph (1). The Director shall 2015 for the establishment, with the advice ensure that sites selected under this para- and consent of the Medical Advisory Com- prior to the report and whether those ad- graph are— mittee, of a Center for Mesothelioma Edu- vances would justify continuation of the (A) geographically distributed throughout cation (referred to in this section as the Program and whether it should be reauthor- the United States with special consideration ‘‘Center’’) to— ized for an additional 10 years. EVERABILITY.—If any provision of this given to areas of high incidence of mesothe- (A) promote mesothelioma awareness and (f) S Act, or amendment made by this Act, or the lioma disease; education; application of such provision or amendment (B) closely associated with Department of (B) assist mesothelioma patients and their to any person or circumstance is held to be Veterans Affairs medical centers, in order to family members in obtaining necessary in- unconstitutional, the remainder of this Act provide research benefits and care to vet- formation; and (including this section), the amendments erans who have suffered excessively from (C) work with the centers established made by this Act, and the application of the mesothelioma; under subsection (b) in advancing mesothe- provisions of such to any person or cir- (C) engaged in exemplary laboratory and lioma research. cumstance shall not be affected thereby. clinical mesothelioma research, including (2) ACTIVITIES.—The Center shall— (g) REGULATIONS.—The Director of the Na- clinical trials, to provide mechanisms for ef- (A) educate the public about the new ini- tional Institutes of Health shall promulgate fective therapeutic treatments, as well as de- tiatives contained in this section through a regulations to provide for the implementa- tection and prevention, particularly in areas National Mesothelioma Awareness Cam- tion of this section. of palliation of disease symptoms and pain paign; management; (B) develop and maintain a Mesothelioma TITLE III—JUDICIAL REVIEW (D) participants in the National Mesothe- Educational Resource Center (referred to in SEC. 301. JUDICIAL REVIEW OF RULES AND REG- lioma Registry and Tissue Bank under sub- this section as the ‘‘MERCI’’), that is acces- ULATIONS. section (c) and the annual International sible via the Internet, to provide mesothe- (a) EXCLUSIVE JURISDICTION.—The United Mesothelioma Symposium under subsection lioma patients, family members, and front- States Court of Appeals for the District of (d)(2)(E); line physicians with comprehensive, current Columbia Circuit shall have exclusive juris- (E) with respect to research and treatment information on mesothelioma and its treat- diction over any action to review rules or efforts, coordinated with other centers and ment, as well as on the existence of, and gen- regulations promulgated by the Adminis- institutions involved in exemplary mesothe- eral claim procedures for the Asbestos Injury trator or the Asbestos Insurers Commission lioma research and treatment; Claims Resolution Fund; under this Act. (F) able to facilitate transportation and (C) through the MERCI and otherwise, edu- (b) PERIOD FOR FILING PETITION.—A peti- lodging for mesothelioma patients, so as to cate mesothelioma patients, family mem- tion for review under this section shall be enable patients to participate in the newest bers, and front-line physicians about, and en- filed not later than 60 days after the date no- developing treatment protocols, and to encourage such individuals to participate in, tice of such promulgation appears in the able the centers to recruit patients in num- the centers established under subsection (b), Federal Register. bers sufficient to conduct necessary clinical the Registry and the Tissue Bank; (c) EXPEDITED PROCEDURES.—The United trials; and (D) complement the research efforts of the States Court of Appeals for the District of (G) nonprofit hospitals, universities, or centers established under subsection (b) by Columbia shall provide for expedited proce- medical or research institutions incor- awarding competitive, peer-reviewed grants dures for reviews under this section. porated or organized in the United States. for the training of clinical specialist fellows SEC. 302. JUDICIAL REVIEW OF AWARD DECI- (c) MESOTHELIOMA REGISTRY AND TISSUE in mesothelioma, and for highly innovative, SIONS. BANK.— experimental or pre-clinical research; and (a) IN GENERAL.—Any claimant adversely (1) ESTABLISHMENT.—The Administrator (E) conduct an annual International Meso- affected or aggrieved by a final decision of shall make available $1,000,000 from the thelioma Symposium. the Administrator awarding or denying com- Fund, and the Director of the National Insti- (3) REQUIREMENTS.—The Center shall— pensation under title I may petition for judi- tutes of Health shall make available (A) be a nonprofit corporation under sec- cial review of such decision. Any petition for $1,000,000 from amounts available to the Di- tion 501(c)(3) of the Internal Revenue Code of review under this section shall be filed with- rector, for each of fiscal years 2006 through 1986; in 90 days of the issuance of a final decision 2015 for the establishment, maintenance, and (B) be a separate entity from and not an af- of the Administrator. operation of a National Mesothelioma Reg- filiate of any hospital, university, or medical (b) EXCLUSIVE JURISDICTION.—A petition istry to collect data regarding symptoms, or research institution; and for review may only be filed in the United

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.082 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5377 States Court of Appeals for the circuit in Commission for which review could have ‘‘1351. Fraud and false statements in con- which the claimant resides at the time of the been obtained under section 301, 302, or 303 nection with participation in issuance of the final order. shall not be subject to judicial review in any Asbestos Injury Claims Resolu- (c) STANDARD OF REVIEW.—The court shall other proceeding. tion Fund.’’. uphold the decision of the Administrator un- (c) CONSTITUTIONAL REVIEW.— SEC. 402. EFFECT ON BANKRUPTCY LAWS. less the court determines, upon review of the (1) IN GENERAL.—The United States Dis- (a) NO AUTOMATIC STAY.—Section 362(b) of record as a whole, that the decision is not trict Court for the District of Columbia shall title 11, United States Code, is amended— supported by substantial evidence, is con- have exclusive jurisdiction over any action (1) in paragraph (17), by striking ‘‘or’’ at trary to law, or is not in accordance with challenging the constitutionality of any pro- the end; procedure required by law. vision or application of this Act. The fol- (2) in paragraph (18), by striking the period (d) EXPEDITED PROCEDURES.—The United lowing rules shall apply: at the end and inserting ‘‘; or’’; and States Court of Appeals shall provide for ex- (A) The action shall be filed in the United (3) by inserting after paragraph (18) the fol- pedited procedures for reviews under this States District Court for the District of Co- lowing: section. lumbia and shall be heard by a 3-judge court ‘‘(19) under subsection (a) of this section of SEC. 303. JUDICIAL REVIEW OF PARTICIPANTS’ convened under section 2284 of title 28, the enforcement of any payment obligations ASSESSMENTS. United States Code. under section 204 of the Fairness in Asbestos (a) EXCLUSIVE JURISDICTION.—The United (B) A final decision in the action shall be Injury Resolution Act of 2006, against a debt- States Court of Appeals for the District of reviewable only by appeal directly to the Su- or, or the property of the estate of a debtor, Columbia Circuit shall have exclusive juris- preme Court of the United States. Such ap- that is a participant (as that term is defined diction over any action to review a final de- peal shall be taken by the filing of a notice in section 3 of that Act).’’. termination by the Administrator or the As- of appeal within 10 days, and the filing of a (b) ASSUMPTION OF EXECUTORY CONTRACT.— bestos Insurers Commission regarding the li- jurisdictional statement within 30 days, Section 365 of title 11, United States Code, is ability of any person to make a payment to after the entry of the final decision. amended by adding at the end the following: the Fund, including a notice of applicable (C) It shall be the duty of the United ‘‘(p) If a debtor is a participant (as that subtier assignment under section 204(i), a no- States District Court for the District of Co- term is defined in section 3 of the Fairness in tice of financial hardship or inequity deter- lumbia and the Supreme Court of the United Asbestos Injury Resolution Act of 2006), the mination under section 204(d), a notice of a States to advance on the docket and to expe- trustee shall be deemed to have assumed all distributor’s adjustment under section dite to the greatest possible extent the dis- executory contracts entered into by the par- 204(m), and a notice of insurer participant position of the action and appeal. ticipant under section 204 of that Act. The obligation under section 212(b). (2) REPAYMENT TO ASBESTOS TRUST AND trustee may not reject any such executory (b) PERIOD FOR FILING ACTION.—A petition CLASS ACTION TRUST.—If the transfer of the contract.’’. for review under subsection (a) shall be filed assets of any asbestos trust of a debtor or (c) ALLOWED ADMINISTRATIVE EXPENSES.— not later than 60 days after a final deter- any class action trust (or this Act as a Section 503 of title 11, United States Code, is mination by the Administrator or the Com- whole) is held to be unconstitutional or oth- amended by adding at the end the following: mission giving rise to the action. Any de- erwise unlawful, the Fund shall transfer the ‘‘(c)(1) Claims or expenses of the United fendant participant who receives a notice of remaining balance of such assets (deter- States, the Attorney General, or the Admin- its applicable subtier under section 204(i), a mined under section 405(f)(1)(A)(iii)) back to istrator (as that term is defined in section 3 notice of financial hardship or inequity de- the appropriate asbestos trust or class action of the Fairness in Asbestos Injury Resolu- termination under section 204(d), or a notice trust within 90 days after final judicial action Act of 2006) based upon the asbestos pay- of a distributor’s adjustment under section tion on the legal challenge, including the ex- ment obligations of a debtor that is a Partic- 204(m), shall commence any action within 30 haustion of all appeals. ipant (as that term is defined in section 3 of days after a decision on rehearing under sec- TITLE IV—MISCELLANEOUS PROVISIONS that Act), shall be paid as an allowed administrative expense. The debtor shall not be en- tion 204(i)(10), and any insurer participant SEC. 401. FALSE INFORMATION. titled to either notice or a hearing with re- who receives a notice of a payment obliga- (a) IN GENERAL.—Chapter 63 of title 18, tion under section 212(b) shall commence any spect to such claims. United States Code, is amended by adding at ‘‘(2) For purposes of paragraph (1), the action within 30 days after receiving such the end the following: term ‘asbestos payment obligation’ means notice. The court shall give such action ex- ‘‘§ 1351. Fraud and false statements in connec- pedited consideration. any payment obligation under title II of the tion with participation in Asbestos Injury Fairness in Asbestos Injury Resolution Act SEC. 304. OTHER JUDICIAL CHALLENGES. Claims Resolution Fund of 2006.’’. (a) EXCLUSIVE JURISDICTION.—The United ‘‘(a) FRAUD RELATING TO ASBESTOS INJURY (d) NO DISCHARGE.—Section 523 of title 11, States District Court for the District of Co- CLAIMS RESOLUTION FUND.—Whoever know- United States Code, is amended by adding at lumbia shall have exclusive jurisdiction over ingly and willfully executes, or attempts to the end the following: any action for declaratory or injunctive re- execute, a scheme or artifice to defraud the ‘‘(f) A discharge under section 727, 1141, lief challenging any provision of this Act. An Office of Asbestos Disease Compensation or 1228, or 1328 of this title does not discharge action under this section shall be filed not the Asbestos Insurers Commission under any debtor that is a participant (as that later than 60 days after the date of enact- title II of the Fairness in Asbestos Injury term is defined in section 3 of the Fairness in ment of this Act or 60 days after the final ac- Resolution Act of 2006 shall be fined under Asbestos Injury Resolution Act of 2006) of tion by the Administrator or the Commis- this title or imprisoned not more than 20 the debtor’s payment obligations assessed sion giving rise to the action, whichever is years, or both. against the participant under title II of that later. ‘‘(b) FALSE STATEMENT RELATING TO ASBES- Act.’’. (b) DIRECT APPEAL.—A final decision in the TOS INJURY CLAIMS RESOLUTION FUND.— (e) PAYMENT.—Section 524 of title 11, action shall be reviewable on appeal directly ‘‘(1) IN GENERAL.—It shall be unlawful for United States Code, is amended by adding at to the Supreme Court of the United States. any person, in any matter involving the Of- the end the following: Such appeal shall be taken by the filing of a fice of Asbestos Disease Compensation or the ‘‘(i) PARTICIPANT DEBTORS.— notice of appeal within 30 days, and the fil- Asbestos Insurers Commission, to knowingly ‘‘(1) IN GENERAL.—Paragraphs (2) and (3) ing of a jurisdictional statement within 60 and willfully— shall apply to a debtor who— days, of the entry of the final decision. ‘‘(A) falsify, conceal, or cover up by any ‘‘(A) is a participant that has made prior (c) EXPEDITED PROCEDURES.—It shall be the trick, scheme, or device a material fact; asbestos expenditures (as such terms are de- duty of the United States District Court for ‘‘(B) make any materially false, fictitious, fined in the Fairness in Asbestos Injury Res- the District of Columbia and the Supreme or fraudulent statement or representation; olution Act of 2006); and Court of the United States to advance on the or ‘‘(B) is subject to a case under this title docket and to expedite to the greatest pos- ‘‘(C) make or use any false writing or docu- that is pending— sible extent the disposition of the action and ment knowing the same to contain any ma- ‘‘(i) on the date of enactment of the Fair- appeal. terially false, fictitious, or fraudulent state- ness in Asbestos Injury Resolution Act of SEC. 305. STAYS, EXCLUSIVITY, AND CONSTITU- ment or entry, in connection with the award 2006; or TIONAL REVIEW. of a claim or the determination of a partici- ‘‘(ii) at any time during the 1-year period (a) NO STAYS.— pant’s payment obligation under title I or II preceding the date of enactment of that Act. (1) PAYMENTS.—No court may issue a stay of the Fairness in Asbestos Injury Resolu- ‘‘(2) TIER I DEBTORS.—A debtor that has of payment by any party into the Fund pend- tion Act of 2006. been assigned to Tier I under section 202 of ing its final judgment. ‘‘(2) PENALTY.—A person who violates this the Fairness in Asbestos Injury Resolution (2) LEGAL CHALLENGES.—No court may subsection shall be fined under this title or Act of 2006, shall make payments in accord- issue a stay or injunction pending final judi- imprisoned not more than 10 years, or ance with sections 202 and 203 of that Act. cial action, including the exhaustion of all both.’’. ‘‘(3) TREATMENT OF PAYMENT OBLIGA- appeals, on a legal challenge to this Act or (b) TECHNICAL AND CONFORMING AMEND- TIONS.—All payment obligations of a debtor any portion of this Act. MENT.—The table of sections for chapter 63 of under sections 202 and 203 of the Fairness in (b) EXCLUSIVITY OF REVIEW.—An action of title 18, United States Code, is amended by Asbestos Injury Resolution Act of 2006 the Administrator or the Asbestos Insurers adding at the end the following: shall—

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.083 S26MYPT1 ycherry on PROD1PC64 with SENATE S5378 CONGRESSIONAL RECORD — SENATE May 26, 2006 ‘‘(A) constitute costs and expenses of ad- shall accept any assets transferred under claimant of such claim. The notification re- ministration of a case under section 503 of clauses (ii) or (iii) and utilize them for any quired by this subclause shall be made in this title; purposes for the Fund under section 221 of such form as the Administrator shall re- ‘‘(B) notwithstanding any case pending the Fairness in Asbestos Injury Resolution quire, and not later than 15 days after the under this title, be payable in accordance Act of 2006, including the payment of claims date the determination is made. with section 202 of that Act; for awards under such Act to beneficiaries of ‘‘(VI) The trust shall not pay any claim ‘‘(C) not be stayed; the trust from which the assets were trans- without a certification by a claimant, sub- ‘‘(D) not be affected as to enforcement or ferred. ject to the penalties described in the Fair- collection by any stay or injunction of any ‘‘(v) Notwithstanding any other provision ness in Asbestos Injury Resolution Act of court; and of Federal or State law, no liability of any 2006, stating the amount of collateral source ‘‘(E) not be impaired or discharged in any kind may be imposed on a trustee of a trust compensation that such claimant has re- current or future case under this title.’’. for transferring assets to the Fund in accord- ceived, or is entitled to receive, under sec- (f) TREATMENT OF TRUSTS.—Section 524 of ance with clause (i). tion 134 of the Fairness in Asbestos Injury title 11, United States Code, as amended by ‘‘(vi) Any trust transferring assets under Resolution Act of 2006. In the event that col- this Act, is amended by adding at the end clause (ii) shall be subject to the following lateral source compensation exceeds the the following: requirements: amount that the claimant would be paid (ex- ‘‘(j) ASBESTOS TRUSTS.— ‘‘(I) The trust may continue to process as- cluding any adjustments under section 131(b) ‘‘(1) IN GENERAL.—A trust shall assign a bestos claims, make eligibility determina- (3) and (4) of the Act) for such condition portion of the corpus of the trust to the As- tions, and pay claims in a manner consistent under the Act most similar to the claimant’s bestos Injury Claims Resolution Fund (re- with this clause if a claimant— claim with the trust, such trust shall not ferred to in this subsection as the ‘Fund’) as ‘‘(aa) provides to the trust a copy of a bind- make any payment to the claimant. established under the Fairness in Asbestos ing election submitted to Administrator ‘‘(VII) Upon finding that the trust has Injury Resolution Act of 2006 if the trust waiving the right to secure compensation breached any condition or conditions of this qualifies as a ‘trust’ under section 201 of that under section 106(f)(2) of the Fairness in As- clause, the Administrator shall require the Act. bestos Injury Resolution Act of 2006, unless immediate payment of remaining trust as- ‘‘(2) TRANSFER OF TRUST ASSETS.— the claimant is permitted under section sets into the Fund in accordance with sec- ‘‘(A) IN GENERAL.— 106(f)(2)(B) of such Act to seek a judgment or tion 402(f) of the Fairness in Asbestos Injury ‘‘(i) Except as provided under clause (ii) of order for monetary damages from a Federal Resolution Act of 2006. The Administrator this subparagraph and subparagraphs (B), or State court; shall be entitled to an injunction against (C), and (E), the assets in any trust estab- ‘‘(bb) meets the requirements for com- further payments of nonliquidated claims lished to provide compensation for asbestos pensation under the distribution plan for the from the assets of the trust during the pend- claims (as defined in section 3 of the Fair- trust as of the date of enactment of the Fair- ency of any dispute regarding the findings of ness in Asbestos Injury Resolution Act of ness in Asbestos Injury Resolution Act of noncompliance by the Administrator. The 2006) shall be transferred to the Fund not 2006; court in which any action to enforce the ob- later than 90 days after the date of enact- ‘‘(cc) for any condition satisfies the med- ligations of the trust is pending shall afford ment of the Fairness in Asbestos Injury Res- ical criteria under the distribution plan for the action expedited consideration. olution Act of 2006 or 30 days following fund- the trust that is most nearly equivalent to ‘‘(B) AUTHORITY TO REFUSE ASSETS.—The ing of a trust established under a reorganiza- the medical criteria described in paragraph Administrator of the Fund may refuse to action plan subject to section 202(c) of that (2), (3), (4), (5), (7), (8), or (9) of section 121(d) cept any asset that the Administrator deter- Act. Except as provided under subparagraph of the Fairness in Asbestos Injury Resolu- mines may create liability for the Fund in (B), the Administrator of the Fund shall action Act of 2006, except that, notwith- excess of the value of the asset. cept such assets and utilize them for any standing any provision of the distribution ‘‘(C) ALLOCATION OF TRUST ASSETS.—If a purposes of the Fund under section 221 of plan of the trust to the contrary, the trust trust under subparagraph (A) has bene- such Act, including the payment of claims shall not accept the results of a DLCO test ficiaries with claims that are not asbestos for awards under such Act to beneficiaries of (as such test is defined in section 121(a) of claims, the assets transferred to the Fund the trust from which the assets were trans- the Fairness in Asbestos Injury Resolution under subparagraph (A) shall not include as- ferred. Act of 2006) for the purpose of demonstrating sets allocable to such beneficiaries. The ‘‘(ii) Notwithstanding clause (i), and except respiratory impairment; and trustees of any such trust shall determine as provided under subparagraphs (B), (C), and ‘‘(dd) for any of the cancers listed in sec- the amount of such trust assets to be re- (E), any trust established to provide com- tion 121(d)(6) of the Fairness in Asbestos In- served for the continuing operation of the pensation for asbestos claims (as defined in jury Resolution Act of 2006 does not seek, trust in processing and paying claims that section 3 of the Fairness in Asbestos Injury and the trust does not pay, any compensa- are not asbestos claims. The trustees shall Resolution Act of 2006), other than a trust tion until such time as the Institute of Medi- demonstrate to the satisfaction of the Ad- established under a reorganization plan sub- cine finds that there is a causal relationship ministrator, or by clear and convincing evi- ject to section 202(c) of that Act, shall trans- between asbestos exposure and such cancer, dence in a proceeding brought before the fer the assets in such trust to the Fund as in which case such claims may be paid if United States District Court for the District follows: such claims otherwise qualify for compensa- of Columbia in accordance with paragraph ‘‘(I) In the case of a trust established on or tion under the distribution plan of the trust (4), that the amount reserved is properly al- before December 31, 2005, such trust shall as of the date of enactment of the Fairness locable to claims other than asbestos claims. transfer 90 percent of the assets in such trust in Asbestos Injury Resolution Act of 2006. ‘‘(D) SALE OF FUND ASSETS.—The invest- to the Fund not later than 90 days after the ‘‘(II) The trust shall not accept medical ment requirements under section 222 of the date of enactment of the Fairness in Asbes- evidence from any physician, medical facil- Fairness in Asbestos Injury Resolution Act tos Injury Resolution Act of 2006. ity, or laboratory whose evidence would be of 2006 shall not be construed to require the ‘‘(II) In the case of a trust established after not be accepted as evidence— Administrator of the Fund to sell assets December 31, 2005, such trust shall transfer ‘‘(aa) under the Manville Trust as of the transferred to the Fund under subparagraph 88 percent of the assets in such trust to the date of enactment of the Fairness in Asbes- (A). Fund not later than 90 days after the date of tos Injury Resolution Act of 2006; or ‘‘(E) LIQUIDATED CLAIMS.—Except as spe- enactment of the Fairness in Asbestos Injury ‘‘(bb) by the Administrator under section cifically provided in this subparagraph, all Resolution Act of 2006. 115(a)(2) of such Act. asbestos claims against a trust are super- ‘‘(iii) Not later than 90 days after the date ‘‘(III) The trust shall not amend its sched- seded and preempted as of the date of enact- on which the Administrator of the Office of uled payment amount or payment percent- ment of the Fairness in Asbestos Injury Res- Asbestos Disease Compensation (referred to age as in effect on the date of enactment of olution Act of 2006, and a trust shall not in this section as the ‘Administrator’) cer- the Fairness in Asbestos Injury Resolution make any payment relating to asbestos tifies in accordance with section Act of 2006. claims after that date. If, in the ordinary 106(f)(3)(E)(ii) of the Fairness in Asbestos In- ‘‘(IV) The trust shall not amend its eligi- course and the normal and usual administra- jury Resolution Act of 2006 that the Fund is bility criteria after the date of enactment of tion of the trust consistent with past prac- fully operational and paying all valid asbes- the Fairness in Asbestos Injury Resolution tices, a trust had before the date of enact- tos claims at a reasonable rate, any trust Act of 2006, except to conform any criteria in ment of the Fairness in Asbestos Injury Res- transferring assets under clause (ii) shall any category under the distribution plan of olution Act of 2006, made all determinations transfer all remaining assets in such trust to the trust with related criteria in a related necessary to entitle an individual claimant the Fund. The transfer required by this category under section 121 of the Fairness in to a noncontingent cash payment from the clause shall not include any trust assets Asbestos Injury Resolution Act of 2006. trust, the trust shall (i) make any lump-sum needed to pay— ‘‘(V) The trust shall notify the Adminis- cash payment due to that claimant, and (ii) ‘‘(I) previously incurred expenses; or trator of the Fund of any claim determined make or provide for all remaining non- ‘‘(II) claims determined to be eligible for to be eligible for compensation after the date contingent payments on any award being compensation under clause (vi). of enactment of the Fairness in Asbestos In- paid or scheduled to be paid on an install- ‘‘(iv) Except as provided under subpara- jury Resolution Act of 2006, and the amount ment basis, in each case only to the same ex- graph (B), the Administrator of the Fund of any such compensation awarded to the tent that the trust would have made such

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cash payments in the ordinary course and (h) CONFIRMATION OF PLAN.—Section 1129(a) graph (A)(i)(I) or (II) and shall be accom- consistent with past practices before enact- of title 11, United States Code, is amended by panied by the information described under ment of that Act. A trust shall not make any adding at the end the following: subparagraph (B)(i) through (iv). payment in respect of any alleged contingent ‘‘(14) If the debtor is a participant (as that (B) PLEADINGS.—If the claim pleads the right to recover any greater amount than term is defined in section 3 of the Fairness in elements of paragraph (1)(A)(i)(II) and by the the trust had already paid, or had completed Asbestos Injury Resolution Act of 2006), the information described under clauses (i) all determinations necessary to pay, to a plan provides for the continuation after its through (iv) of this subparagraph if the claimant in cash in accordance with its ordi- effective date of payment of all payment ob- claim pleads the elements of paragraph nary distribution procedures in effect as of ligations under title II of that Act.’’. (1)(A)(i)(I)— June 1, 2003. (i) EFFECT ON INSURANCE RECEIVERSHIP (i) admissible evidence, including at a min- ‘‘(3) INJUNCTION.— PROCEEDINGS.— imum, a B-reader’s report, the underlying x- ‘‘(A) IN GENERAL.—Any injunction issued as (1) LIEN.—In an insurance receivership pro- ray film and such other evidence showing part of the formation of a trust described in ceeding involving a direct insurer, reinsurer that the claim may be maintained and is not paragraph (1) shall remain in full force and or runoff participant, there shall be a lien in preempted under paragraph (1); effect, except that any provision of such an favor of the Fund for the amount of any as- (ii) notice of any previous lawsuit or claim injunction channeling asbestos claims to sessment and any such lien shall be given for benefits in which the exposed person, or such a trust for resolution shall have no priority over all other claims against the another claiming on behalf of or through the force and effect. No court, Federal or State, participant in receivership, except for the injured person, asserted an injury or dismay enjoin the transfer of assets by a trust expenses of administration of the receiver- ability based wholly or in part on exposure to the Fund in accordance with this sub- ship and the perfected claims of the secured to asbestos; section pending resolution of any litigation creditors. Any State law that provides for (iii) if known by the plaintiff after reason- challenging such transfer or the validity of priorities inconsistent with this provision is able inquiry by the plaintiff or his represent- this subsection or of any provision of the preempted by this Act. ative, the history of the exposed person’s ex- Fairness in Asbestos Injury Resolution Act (2) PAYMENT OF ASSESSMENT.—Payment of posure, if any, to asbestos; and of 2006, and an interlocutory order denying any assessment required by this Act shall (iv) copies of all medical and laboratory re- such relief shall not be subject to immediate not be subject to any automatic or judicially ports pertaining to the exposed person that appeal under section 1291(a) of title 28. entered stay in any insurance receivership refer to asbestos or asbestos exposure. ‘‘(B) AVAILABILITY OF FUND ASSETS.—Not- proceeding. This Act shall preempt any (3) STATUTE OF LIMITATIONS.—In general, withstanding any other provision of law, State law requiring that payments by a di- the statute of limitations for a silica claim once such a transfer has been made, the as- rect insurer, reinsurer or runoff participant shall be governed by applicable State law, sets of the Fund shall be available to satisfy in an insurance receivership proceeding be except that in any case under this sub- any final judgment entered in such an action approved by a court, receiver or other per- section, the statute of limitations shall only and such transfer shall no longer be subject son. Payments of assessments by any direct start to run when the plaintiff becomes im- to any appeal or review— insurer or reinsurer participant under this paired. ‘‘(i) declaring that the transfer effected a Act shall not be subject to the avoidance (c) SUPERSEDING PROVISIONS.— taking of a right or property for which an in- powers of a receiver or a court in or relating (1) IN GENERAL.—Except as provided under dividual is constitutionally entitled to just to an insurance receivership proceeding. paragraph (3) and section 106(f), any agree- compensation; or (j) STANDING IN BANKRUPTCY PRO- ment, understanding, or undertaking by any ‘‘(ii) requiring the transfer back to a trust CEEDINGS.—The Administrator shall have person or affiliated group with respect to the of any or all assets transferred by that trust standing in any bankruptcy case involving a treatment of any asbestos claim, including a to the Fund. debtor participant. No bankruptcy court claim described under subsection (e)(2), that ‘‘(4) JURISDICTION.—Solely for purposes of may require the Administrator to return requires future performance by any party, implementing this subsection, personal ju- property seized to satisfy obligations to the insurer of such party, settlement adminis- risdiction over every covered trust, the Fund. trator, or escrow agent shall be superseded trustees thereof, and any other necessary SEC. 403. EFFECT ON OTHER LAWS AND EXISTING in its entirety by this Act. party, and exclusive subject matter jurisdic- CLAIMS. (2) NO FORCE OR EFFECT.—Except as pro- tion over every question arising out of or re- (a) EFFECT ON FEDERAL AND STATE LAW.— vided under paragraph (3), any such agree- lated to this subsection, shall be vested in The provisions of this Act shall supersede ment, understanding, or undertaking by any the United States District Court for the Dis- any Federal or State law insofar as such law such person or affiliated group shall be of no trict of Columbia. Notwithstanding any may relate to any asbestos claim, including force or effect, and no person shall have any other provision of law, including section 1127 any claim described under subsection (e)(2). (b) EFFECT ON SILICA CLAIMS.— rights or claims with respect to any such of this title, that court may make any order (1) IN GENERAL.— agreement, understanding, or undertaking. necessary and appropriate to facilitate (A) RULE OF CONSTRUCTION.—Nothing in (3) EXCEPTION.— prompt compliance with this subsection, in- this Act shall be construed to preempt, bar, (A) IN GENERAL.—Except as provided in sec- cluding assuming jurisdiction over and modi- or otherwise preclude any personal injury tion 202(f), nothing in this Act shall abrogate fying, to the extent necessary, any applica- claim attributable to exposure to silica as to a binding and legally enforceable written ble confirmation order or other order with which the plaintiff— settlement agreement between any defend- continuing and prospective application to a (i) pleads with particularity and estab- ant participant or its insurer and a specific covered trust. The court may also resolve lishes by a preponderance of evidence either named plaintiff with respect to the settle- any related challenge to the constitu- that— ment of an asbestos claim of the plaintiff if— tionality of this subsection or of its applica- (I) no claim has been asserted or filed by or (i) before the date of enactment of this tion to any trust, trustee, or individual with respect to the exposed person in any Act, the settlement agreement was executed claimant. The Administrator of the Fund forum for any asbestos-related condition and by— may bring an action seeking such an order or the exposed person (or another claiming on (I) the authorized legal representative act- modification, under the standards of rule behalf of or through the exposed person) is ing on behalf of the settling defendant or in- 60(b) of the Federal Rules of Civil Procedure not eligible for any monetary award under surer, the settling defendant or the settling or otherwise, and shall be entitled to inter- this Act; or insurer; and vene as of right in any action brought by any (II)(aa) the exposed person suffers or has (II)(aa) the specific individual plaintiff, or other party seeking interpretation, applica- suffered a functional impairment that was the individual’s immediate relatives; or tion, or invalidation of this subsection. Any caused by exposure to silica; and (bb) an authorized legal representative act- order denying relief that would facilitate (bb) asbestos exposure was not a substan- ing on behalf of the plaintiff where the plain- prompt compliance with the transfer provi- tial contributing factor to such functional tiff is incapacitated and the settlement sions of this subsection shall be subject to impairment; and agreement is signed by that authorized legal immediate appeal under section 304 of the (ii) satisfies the requirements of paragraph representative; Fairness in Asbestos Injury Resolution Act (2) . (ii) the settlement agreement contains an of 2006.’’. (g) NO AVOIDANCE OF TRANSFER.—Section (B) PREEMPTION.—Claims attributable to express obligation by the settling defendant 546 of title 11, United States Code, is amend- exposure to silica that fail to meet the re- or settling insurer to make a future direct ed by adding at the end the following: quirements of subparagraph (A) shall be pre- monetary payment or payments in a fixed ‘‘(h) Notwithstanding the rights and pow- empted by this Act. amount or amounts to the individual plain- ers of a trustee under sections 544, 545, 547, (2) REQUIRED EVIDENCE.— tiff; and 548, 549, and 550 of this title, if a debtor is a (A) IN GENERAL.—In any claim to which (iii) within 30 days after the date of enact- participant (as that term is defined in sec- paragraph (1) applies, the initial pleading ment of this Act, or such shorter time period tion 3 of the Fairness in Asbestos Injury Res- (or, for claims pending on the date of enact- specified in the settlement agreement, the olution Act of 2006), the trustee may not ment of this Act, an amended pleading to be plaintiff has fulfilled all conditions to pay- avoid a transfer made by the debtor under its filed within 60 days after such date, but not ment under the settlement agreement. payment obligations under section 202 or 203 later than 60 days before trial, shall plead (B) BANKRUPTCY-RELATED AGREEMENTS.— of that Act.’’. with particularity the elements of subpara- The exception set forth in this paragraph

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.083 S26MYPT1 ycherry on PROD1PC64 with SENATE S5380 CONGRESSIONAL RECORD — SENATE May 26, 2006 shall not apply to any bankruptcy-related tion, omission, or failure to detect, speak, award or medical monitoring under subtitle agreement. disclose, publish, or warn relating to the D of title I; (C) COLLATERAL SOURCE.—Any settlement presence or health effects of asbestos or the (III) the plaintiff’s claim has been resolved payment under this section is a collateral use, sale, distribution, manufacture, produc- and paid in full under section 106(f); source if the plaintiff seeks recovery from tion, development, inspection, advertising, (IV) after the Administrator certifies to the Fund. marketing, or installation of asbestos; or Congress that the Fund has become oper- (D) ABROGATION.—Nothing in subparagraph (II) asserting any conspiracy, act, conduct, ational and paying all valid asbestos claims (A) shall abrogate a settlement agreement statement, omission, or failure to detect, at a reasonable rate, the plaintiff’s claim is otherwise satisfying the requirements of disclose, or warn relating to the presence or pending in any venue other than a venue de- that subparagraph if such settlement agree- health effects of asbestos or the use, sale, scribed under section 405(h)(3); or ment expressly anticipates the enactment of distribution, manufacture, production, de- (V) before the Administrator certifies to this Act and provides for the effects of this velopment, inspection, advertising, mar- Congress that the Fund has become oper- Act. keting, or installation of asbestos, asserted ational and paying all valid asbestos claims (E) HEALTH CARE INSURANCE OR EXPENSES as or in a direct action against an insurer or at a reasonable rate, the plaintiff’s claim— SETTLEMENTS.—Nothing in this Act shall ab- reinsurer based upon any theory, statutory, (aa) is subject to section 106(f)(3); and rogate or terminate an otherwise fully en- contract, tort, or otherwise; or (bb) would not be permitted to proceed in forceable settlement agreement which was (iv) by any third party, and premised on the venue in which that claim is pending executed before the date of enactment of this any theory, allegation, or cause of action, under such paragraph. Act directly by the settling defendant or the (E) NOTICE.—A claimant shall provide no- for reimbursement of healthcare costs alleg- settling insurer and a specific named plain- tice to the Administrator of any pending ac- edly associated with the use of or exposure tiff to pay the health care insurance or tion involving an asbestos claim in any Fed- to asbestos, whether such claim is asserted health care expenses of the plaintiff. eral or State court in which such claimant is directly, indirectly or derivatively. (d) EXCLUSIVE REMEDY.— a plaintiff. The Administrator shall send no- (B) EXCEPTIONS.—Subparagraph (A) (ii) and (1) IN GENERAL.—Except as provided under tice to the appropriate Federal or State (iii) shall not apply to claims against par- paragraph (2) and section 106(f) of this Act court of any adjudication of any claim with ticipants by persons— and section 524(j)(3) of title 11, United States the Fund filed by a plaintiff in an action Code, as amended by this Act, the remedies (i) with whom the participant is in privity that has been stayed under subparagraph provided under this Act shall be the exclu- of contract; (D)(i). (ii) who have received an assignment of in- sive remedy for any asbestos claim, includ- (F) RULE OF CONSTRUCTION.—Nothing in ing any claim described in subsection (e)(2), surance rights not otherwise voided by this this paragraph shall be construed to limit under any Federal or State law. Act; or dismissal, at any time, of a claim pending in (2) CIVIL ACTIONS AT TRIAL.— (iii) who are beneficiaries covered by the Federal or State court for reasons inde- (A) IN GENERAL.—This Act shall not apply express terms of a contract with that partic- pendent of the enactment of this Act. to any asbestos claim that— ipant. (5) REMOVAL.— (i) is a civil action filed in a Federal or (3) PREEMPTION.—Any action asserting an (A) IN GENERAL.—If an action in any State State court (not including a filing in a bank- asbestos claim (including a claim described court under paragraph (3) is preempted, ruptcy court); in paragraph (2)) in any Federal or State barred, or otherwise precluded under this (ii) is not part of a consolidation of actions court is preempted by this Act, except as Act, and not dismissed, or if an order entered or a class action; and provided under subsection (d)(2) and section after the date of enactment of this Act pur- (iii) on the date of enactment of this Act— 106(f). porting to enter judgment or deny review is (I) in the case of a civil action which in- (4) DISMISSAL.— not rescinded and replaced with an order of cludes a jury trial, is before the jury after its (A) IN GENERAL.—Except as provided under dismissal within 30 days after the filing of a impaneling and commencement of presen- subsection (d)(2), no judgment other than a motion by any party to the action advising tation of evidence, but before its delibera- judgment for dismissal may be entered in the court of the provisions of this Act, any tions; any action asserting an asbestos claim (in- party may remove the case to the district (II) in the case of a civil action which including any claim described in paragraph (2)) court of the United States for the district in cludes a trial in which a judge is the trier of in any Federal or State court on or after the which such action is pending. fact, is at the presentation of evidence at date of enactment of this Act. (B) TIME LIMITS.—For actions originally trial; or (B) DISMISSAL ON MOTION.—A court may filed after the date of enactment of this Act, (III) a verdict, final order, or final judg- dismiss any action asserting an asbestos the notice of removal shall be filed within ment has been entered by a trial court. claim (including any claim described in para- the time limits specified in section 1441(b) of (B) NONAPPLICABILITY.—This Act shall not graph (2)) on— title 28, United States Code. apply to a civil action described under sub- (i) motion by any party to such action; or (C) PROCEDURES.—The procedures for re- paragraph (A) throughout the final disposi- (ii) its own motion. moval and proceedings after removal shall be tion of the action. (C) DENIAL OF MOTION.—If a court denies a in accordance with sections 1446 through 1450 (e) BAR ON ASBESTOS CLAIMS.— motion to dismiss under subparagraph (B)(i), of title 28, United States Code, except as may (1) IN GENERAL.—No asbestos claim (includ- it shall stay further proceedings in any such be necessary to accommodate removal of any ing any claim described in paragraph (2)) action until final disposition of any appeal actions pending (including on appeal) on the may be pursued, and no pending asbestos taken under this Act. date of enactment of this Act. claim may be maintained, in any Federal or (D) EXCEPTION FOR PENDING CLAIMS IN (D) REVIEW OF REMAND ORDERS.— State court, except as provided under sub- COURT.— (i) IN GENERAL.—Section 1447 of title 28, section (d)(2) and section 106(f) of this Act (i) IN GENERAL.—Except as provided under United States Code, shall apply to any re- and section 524(j)(3) of title 11, United States subsection (d)(2) and clause (ii) of this sub- moval of a case under this section, except Code, as amended by this Act. paragraph, an action asserting an asbestos that notwithstanding subsection (d) of that (2) CERTAIN SPECIFIED CLAIMS.— claim that is pending on the date of enact- section, a court of appeals may accept an ap- (A) IN GENERAL.—Subject to section 404 (d) ment of this Act in any Federal or State peal from an order of a district court grant- and (e)(3) of this Act, no claim may be court may not be dismissed under subpara- ing or denying a motion to remand an action brought or pursued in any Federal or State graph (A), but any stay shall continue in ef- to the State court from which it was re- court or insurance receivership proceeding— fect, if the plaintiff (or the personal rep- moved if application is made to the court of (i) relating to any default, confessed or resentative of the plaintiff, if the plaintiff is appeals not less than 7 days after entry of stipulated judgment on an asbestos claim if deceased or incompetent) in such action has the order. the judgment debtor expressly agreed, in filed a claim, or is still entitled under sec- (ii) TIME PERIOD FOR JUDGMENT.—If the writing or otherwise, not to contest the tion 113(b) to file a claim, with the Fund court of appeals accepts an appeal under entry of judgment against it and the plain- with respect to the disease, condition, or in- clause (i), the court shall complete all action tiff expressly agreed, in writing or otherwise, jury forming the basis of such action. on such appeal, including rendering judg- to seek satisfaction of the judgment only (ii) DISMISSAL ALLOWED IF CLAIM IS ADJU- ment, not later than 60 days after the date against insurers or in bankruptcy; DICATED.—An action exempt from dismissal on which such appeal was filed, unless an ex- (ii) relating to the defense, investigation, under clause (i) shall be dismissed if— tension is granted under clause (iii). handling, litigation, settlement, or payment (I) the plaintiff’s claim under the Fund has (iii) EXTENSION OF TIME PERIOD.—The court of any asbestos claim by any participant, in- been finally adjudicated, and— of appeals may grant an extension of the 60- cluding claims for bad faith or unfair or de- (aa) the award, if any, to the plaintiff from day period described in clause (ii) if— ceptive claims handling or breach of any du- the Fund has been paid in whole or in part; (I) all parties to the proceeding agree to ties of good faith; or or such extension, for any period of time; or (iii) arising out of or relating to the asbes- (bb) the plaintiff has been determined to be (II) such extension is for good cause shown tos-related injury of any individual and— eligible for medical monitoring; and in the interests of justice, for a period (I) asserting any conspiracy, concert of ac- (II) the plaintiff’s claim under the Fund not to exceed 10 days. tion, aiding or abetting, act, conduct, state- has been finally adjudicated and the claim- (iv) DENIAL OF APPEAL.—If a final judgment ment, misstatement, undertaking, publica- ant is not entitled to receive a monetary on the appeal under clause (i) is not issued

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.083 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5381 before the end of the period described in Year After Enact- Applicable for any individual defendant participant in clause (ii), including any extension under ment In Which De- Percentage: the affiliated group shall not exceed its indi- clause (iii), the appeal shall be denied. fendant Partici- vidual share of 38.1 percent of the affiliated (E) JURISDICTION.—The jurisdiction of the pant’s Funding Ob- group’s scheduled payment amount, as meas- district court shall be limited to— ligation Ends: ured by the individual defendant partici- (i) determining whether removal was prop- 11 ...... 62.11 pant’s percentage share of the affiliated er; and 12 ...... 59.31 group’s prior asbestos expenditures. (ii) determining, based on the evidentiary 13 ...... 56.94 (E) RULE OF CONSTRUCTION.—Notwith- record, whether the claim presented is pre- 14 ...... 54.90 standing any other provision of this section, empted, barred, or otherwise precluded under 15 ...... 53.14 nothing in this Act shall be deemed to erode this Act. 16 ...... 51.60 remaining aggregate products limits of a de- (6) CREDITS.— 17 ...... 50.24 fendant participant that can demonstrate by (A) IN GENERAL.—If, notwithstanding the 18 ...... 49.03 a preponderance of the evidence that 75 per- express intent of Congress stated in this sec- 19 ...... 47.95 cent of its prior asbestos expenditures were tion, any court finally determines for any 20 ...... 46.98 made in defense or satisfaction of asbestos reason that an asbestos claim, including a 21 ...... 46.10 claims alleging bodily injury arising exclu- claim described under paragraph (2), is not 22 ...... 45.30 sively from the exposure to asbestos at barred under this subsection and is not sub- 23 ...... 44.57 premises owned, rented, or controlled by the ject to the exclusive remedy or preemption 24 ...... 43.90 defendant participant (a ‘‘premises defend- provisions of this section, then any partici- 25 ...... 43.28 ant’’). In calculating such percentage, where pant required to satisfy a final judgment ex- 26 ...... 42.71 expenditures were made in defense or satis- ecuted with respect to any such claim may 27 ...... 42.18 faction of asbestos claims alleging bodily in- elect to receive a credit against any assess- 28 ...... 40.82 jury due to exposure to the defendant par- ment owed to the Fund equal to the amount 29 ...... 39.42 ticipant’s products and to asbestos at premises owned, rented, or controlled by the de- of the payment made with respect to such EMAINING AGGREGATE PRODUCTS LIM- (D) R fendant participant, half of such expendi- executed judgment. ITS.—The term ‘‘remaining aggregate prod- (B) REQUIREMENTS.—The Administrator tures shall be deemed to be for such premises ucts limits’’ means aggregate limits that exposures. If a defendant participant estab- shall require participants seeking credit apply to insurance coverage granted under under this paragraph to demonstrate that lishes itself as a premises defendant, 75 per- the ‘‘products hazard’’, ‘‘completed oper- cent of the payments by such defendant par- the participant— ations hazard’’, or ‘‘Products—Completed (i) timely pursued all available remedies, ticipant shall erode coverage limits, if any, Operations Liability’’ in any comprehensive applicable to premises liabilities under ap- including remedies available under this para- general liability policy issued between cal- graph to obtain dismissal of the claim; and plicable law. endar years 1940 and 1986 to cover injury (3) METHOD OF EROSION.— (ii) notified the Administrator at least 20 which occurs in any State, as reduced by— days before the expiration of any period (A) ALLOCATION.—The amount of erosion (i) any existing impairment of such aggre- allocated to each defendant participant shall within which to appeal the denial of a mo- gate limits as of the date of enactment of be allocated among periods in which policies tion to dismiss based on this section. this Act; and with remaining aggregate product limits are (C) INFORMATION.—The Administrator may (ii) the resolution of claims for reimburse- available to that defendant participant pro require a participant seeking credit under ment or coverage of liability or paid or in- rata by policy period, in ascending order by this paragraph to furnish such further infor- curred loss for which notice was provided to attachment point. mation as is necessary and appropriate to es- the insurer before the date of enactment of (B) OTHER EROSION METHODS.— tablish eligibility for, and the amount of, the this Act. (i) IN GENERAL.—Notwithstanding subpara- credit. (E) SCHEDULED PAYMENT AMOUNTS.—The graph (A), the method of erosion of any re- (D) INTERVENTION.—The Administrator term ‘‘scheduled payment amounts’’ means maining aggregate products limits which are may intervene in any action in which a cred- the future payment obligation to the Fund subject to— it may be due under this paragraph. under this Act from a defendant participant (I) a coverage-in-place or settlement agree- SEC. 404. EFFECT ON INSURANCE AND REINSUR- in the amount established under sections 203 ment between a defendant participant and 1 ANCE CONTRACTS. and 204. or more insurance participants as of the date (a) EROSION OF INSURANCE COVERAGE LIM- (F) UNEARNED EROSION AMOUNT.—The term of enactment; or ITS.— ‘‘unearned erosion amount’’ means, in the (II) a final and nonappealable judgment as (1) DEFINITIONS.—In this section, the fol- event of any early sunset under section of the date of enactment or resulting from a lowing definitions shall apply: 405(g), the difference between the deemed claim for coverage or reimbursement pend- (A) DEEMED EROSION AMOUNT.—The term erosion amount and the earned erosion ing as of such date, shall be as specified in ‘‘deemed erosion amount’’ means the amount amount. such agreement or judgment with regard to of erosion deemed to occur at enactment (2) QUANTUM AND TIMING OF EROSION.— erosion applicable to such insurance partici- under paragraph (2). (A) EROSION UPON ENACTMENT.—The collec- pants’ policies. (B) EARLY SUNSET.—The term ‘‘early sun- tive payment obligations to the Fund of the (ii) REMAINING LIMITS.—To the extent that set’’ means an event causing termination of insurer and reinsurer participants as as- a final nonappealable judgment or settle- the program under section 405(g) which re- sessed by the Administrator shall be deemed ment agreement to which an insurer partici- lieves the insurer participants of paying as of the date of enactment of this Act to pant and a defendant participant are parties some portion of the aggregate payment level erode remaining aggregate products limits in effect as of the date of enactment of this of $46,025,000,000 required under section available to a defendant participant only in Act extinguished a defendant participant’s 212(a)(2)(A). an amount of 38.1 percent of each defendant right to seek coverage for asbestos claims (C) EARNED EROSION AMOUNT.—The term participant’s scheduled payment amount. under an insurer participant’s policies, any ‘‘earned erosion amount’’ means, in the (B) NO ASSERTION OF CLAIM.—No insurer or remaining limits in such policies shall not be event of any early sunset under section reinsurer may assert any claim against a de- considered to be remaining aggregate prod- 405(g), the percentage, as set forth in the fol- fendant participant or captive insurer for in- ucts limits under subsection (a)(1)(A). lowing schedule, depending on the year in surance, reinsurance, payment of a deduct- (4) RESTORATION OF AGGREGATE PRODUCTS which the defendant participants’ funding ible, or retrospective premium adjustment LIMITS UPON EARLY SUNSET.— obligations end, of those amounts which, at arising out of that insurer’s or reinsurer’s (A) RESTORATION.—In the event of an early the time of the early sunset, a defendant par- payments to the Fund or the erosion deemed sunset, any unearned erosion amount will be ticipant has paid to the fund and remains ob- to occur under this section. deemed restored as aggregate products lim- ligated to pay into the fund. (C) POLICIES WITHOUT CERTAIN LIMITS OR its available to a defendant participant as of Year After Enact- Applicable WITH EXCLUSION.—Except as provided under the date of enactment. ment In Which De- Percentage: subparagraph (E), nothing in this section (B) METHOD OF RESTORATION.—The un- fendant Partici- shall require or permit the erosion of any in- earned erosion amount will be deemed re- pant’s Funding Ob- surance policy or limit that does not contain stored to each defendant participant’s poli- ligation Ends: an aggregate products limit, or that contains cies in such a manner that the last limits 2 ...... 67.06 an asbestos exclusion. that were deemed eroded at enactment under 3 ...... 86.72 (D) TREATMENT OF CONSOLIDATION ELEC- this subsection are deemed to be the first 4 ...... 96.55 TION.—If an affiliated group elects consolida- limits restored upon early sunset. 5 ...... 102.45 tion as provided in section 204(f), the total (C) TOLLING OF COVERAGE CLAIMS.—In the 6 ...... 90.12 erosion of limits for the affiliated group event of an early sunset, the applicable stat- 7 ...... 81.32 under paragraph (2)(A) shall not exceed 38.1 ute of limitations and contractual provisions 8 ...... 74.71 percent of the scheduled payment amount of for the filing of claims under any insurance 9 ...... 69.58 the single payment obligation for the entire policy with restored aggregate products lim- 10 ...... 65.47 affiliated group. The total erosion of limits its shall be deemed tolled after the date of

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.083 S26MYPT1 ycherry on PROD1PC64 with SENATE S5382 CONGRESSIONAL RECORD — SENATE May 26, 2006 enactment through the date 6 months after with this Act are covered by any policy de- (C) a summary of the eligibility determina- the date of early sunset. scribed under paragraph (1)(B) purchased by tions made by the Office under section 114; (5) PAYMENTS BY DEFENDANT PARTICIPANT.— a defendant participant, unless such policy (D) a summary of the awards made from Payments made by a defendant participant specifically provides coverage for required the Fund, including the amount of the shall be deemed to erode, exhaust, or other- payments to a Federal trust fund established awards; and wise satisfy applicable self-insured reten- by a Federal statute to resolve asbestos in- (E) for each disease level, a statement of tions, deductibles, retrospectively rated pre- jury claims. the percentage of asbestos claimants who miums, and limits issued by nonpartici- (e) EFFECT ON CERTAIN INSURANCE AND RE- filed claims during the prior calendar year pating insolvent or captive insurance compa- INSURANCE CLAIMS.— and were determined to be eligible to receive nies. Reduction of remaining aggregate lim- (1) NO COVERAGE FOR FUND ASSESSMENTS.— compensation under this Act, who have re- its under this subsection shall not limit the Subject to section 212(a)(1)(D), no partici- ceived the compensation to which such right of a defendant participant to collect pant or captive insurer may pursue an insur- claimants are entitled according to section from any insurer not a participant. ance or reinsurance claim against another 131; (6) EFFECT ON OTHER INSURANCE CLAIMS.— participant or captive insurer for payments (2) the administrative performance of the Other than as specified in this subsection, to the Fund required under this Act, except program, including— this Act does not alter, change, modify, or under a written agreement specifically pro- (A) the performance of the program in affect insurance for claims other than asbes- viding insurance, reinsurance, or other reim- meeting the time limits prescribed by law tos claims. bursement for required payments to a Fed- and an analysis of the reasons for any sys- (b) DISPUTE RESOLUTION PROCEDURE.— eral trust fund established by a Federal stat- temic delays; (1) ARBITRATION.—The parties to a dispute ute to resolve asbestos injury claims or, (B) any backlogs of claims that may exist regarding the erosion of insurance coverage where applicable, under finite risk policies and an explanation of the reasons for such limits under this section may agree in writ- under subsection (d). backlogs; ing to settle such dispute by arbitration. (2) CERTAIN INSURANCE ASSIGNMENTS VOID- (C) the costs to the Fund of administering Any such provision or agreement shall be ED.—Any assignment of any rights to insur- the program; and valid, irrevocable, and enforceable, except ance coverage for asbestos claims to any per- (D) any other significant factors bearing for any grounds that exist at law or in equity son who has asserted an asbestos claim be- on the efficiency of the program; for revocation of a contract. fore the date of enactment of this Act, or to (3) the financial condition of the Fund, in- (2) TITLE 9, UNITED STATES CODE.—Arbitra- any trust, person, or other entity not part of cluding— tion of such disputes, awards by arbitrators, an affiliated group as defined in section (A) statements of the Fund’s revenues, ex- and confirmation of awards shall be governed 201(1) of this Act established or appointed for penses, assets, and liabilities; by title 9, United States Code, to the extent the purpose of paying asbestos claims which (B) the identity of all participants, the such title is not inconsistent with this sec- were asserted before such date of enactment, funding allocations of each participant, and tion. In any such arbitration proceeding, the or by any Tier I defendant participant, be- the total amounts of all payments to the erosion principles provided for under this Fund; fore any sunset of this Act, shall be null and section shall be binding on the arbitrator, (C) a list of all financial hardship or in- void. This subsection shall not void or affect unless the parties agree to the contrary. equity adjustments applied for during the in any way any assignments of rights to in- (3) FINAL AND BINDING AWARD.—An award fiscal year, and the adjustments that were surance coverage other than to asbestos by an arbitrator shall be final and binding made during the fiscal year; claimants or to trusts, persons, or other en- between the parties to the arbitration, but (D) a statement of the investments of the tities not part of an affiliated group as de- shall have no force or effect on any other Fund; and fined in section 201(1) of this Act established person. The parties to an arbitration may (E) a statement of the borrowings of the or appointed for the purpose of paying asbes- agree that in the event a policy which is the Fund; tos claims, or by Tier I defendant partici- subject matter of an award is subsequently (4) the financial prospects of the Fund, in- pants. determined to be eroded in a manner dif- cluding— (3) INSURANCE CLAIMS PRESERVED.—Not- ferent from the manner determined by the (A) an estimate of the number and types of withstanding any other provision of this Act, arbitration in a judgment rendered by a claims, the amount of awards, and the par- this Act shall not alter, affect, or impair any court of competent jurisdiction from which ticipant payment obligations for the next rights or obligations of any person with reno appeal can or has been taken, such arbi- fiscal year; spect to any insurance or reinsurance for tration award may be modified by any court (B) an analysis of the financial condition of amounts that any person pays, has paid, or of competent jurisdiction upon application the Fund, including an estimation of the becomes legally obligated to pay in respect by any party to the arbitration. Any such Fund’s ability to pay claims for the subse- of asbestos or other claims, including claims modification shall govern the rights and ob- quent 5 years in full and over the predicted filed, pursued, or revived under section ligations between such parties after the date lifetime of the program as and when re- 405(h), except to the extent that— of such modification. quired, an evaluation of the Fund’s ability to (A) such claims are preempted, barred, or (c) EFFECT ON NONPARTICIPANTS.— retire its existing debt and assume addi- superseded by section 403; (1) IN GENERAL.—No insurance company or tional debt, and an evaluation of the Fund’s (B) any such rights or obligations of such reinsurance company that is not a partici- ability to satisfy other obligations under the person with respect to insurance or reinsur- pant, other than a captive insurer, shall be program; and ance are prohibited by paragraph (1) or (2) of entitled to claim that payments to the Fund (C) a report on any changes in projections subsection (e); or erode, exhaust, or otherwise limit the non- made in earlier annual reports or sunset (C) the limits of insurance otherwise avail- participant’s insurance or reinsurance obli- analyses regarding the Fund’s ability to able to such participant in respect of asbes- gations. meet its financial obligations; tos claims are deemed to be eroded under (2) OTHER CLAIMS.—Nothing in this Act (5) a summary of any legal actions brought subsection (a). shall preclude a participant from pursuing or penalties imposed under section 223, any any claim for insurance or reinsurance from SEC. 405. ANNUAL REPORT OF THE ADMINIS- referrals made to law enforcement authori- any person that is not a participant other TRATOR AND SUNSET OF THE ACT. ties under section 408 (a) and (b), and any than a captive insurer. (a) IN GENERAL.—The Administrator shall contributions to the Fund collected under (d) FINITE RISK POLICIES NOT AFFECTED.— submit an annual report to the Committee section 408(e); (1) IN GENERAL.—Notwithstanding any on the Judiciary of the Senate and the Com- (6) any recommendations from the Advi- other provision of this Act, except subject to mittee on the Judiciary of the House of Rep- sory Committee on Asbestos Disease Com- section 212(a)(1)(D), this Act shall not alter, resentatives on the operation of the Asbestos pensation and the Medical Advisory Com- affect or impair any rights or obligations Injury Claims Resolution Fund within 6 mittee of the Fund to improve the diag- of— months after the close of each fiscal year. nostic, exposure, and medical criteria so as (A) any party to an insurance contract (b) CONTENTS OF REPORT.—The annual re- to pay those claimants who suffer from dis- that expressly provides coverage for govern- port submitted under this subsection shall eases or conditions for which exposure to as- mental charges or assessments imposed to include an analysis of— bestos was a substantial contributing factor; replace insurance or reinsurance liabilities (1) the claims experience of the program (7) a summary of the results of audits con- in effect on the date of enactment of this during the most recent fiscal year, includ- ducted under section 115; and Act; or ing— (8) a summary of prosecutions under sec- (B) subject to paragraph (2), any person (A) the number of claims made to the Of- tion 1348 of title 18, United States Code (as with respect to any insurance purchased by a fice and a description of the types of medical added by this Act). participant after December 31, 1990, that ex- diagnoses and asbestos exposures underlying (c) CERTIFICATION.—The Administrator pressly (but not necessarily exclusively) pro- those claims; shall certify in the annual report required vides coverage for asbestos liabilities, in- (B) the number of claims denied by the Of- under subsection (a) whether, in the best cluding those policies commonly referred to fice and a description of the types of medical judgment of the Administrator, the Fund as ‘‘finite risk’’ policies. diagnoses and asbestos exposures underlying will have sufficient resources for the fiscal (2) LIMITATION.—No person may assert that those claims, and a general description of year in which the report is issued to make any amounts paid to the Fund in accordance the reasons for their denial; all required payments—

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(1) with respect to all claims determined (1) REFERRAL.—If the Administrator rec- short of the aggregate amounts required to eligible for compensation that have been ommends changes to this Act under sub- be paid under section 212(a)(3)(C). Shortfall filed and that the Administrator projects section (d), the recommendations and accom- assessments shall be allocated among insurer will be filed with the Office for the fiscal panying analysis shall be referred to the Ad- participants using the methodology adopted year; and visory Committee on Asbestos Disease Com- by the Asbestos Insurers Commission under (2) to satisfy the Fund’s debt repayment pensation established under section 102 (in section 212(a)(1)(B). obligation, administrative costs, and other this subsection referred to as the ‘‘Advisory (2) CONSIDERATIONS.—In formulating rec- financial obligations. Committee’’). ommendations, the Administrator shall take (d) CLAIMS ANALYSIS AND VERIFICATION OF (2) ADVISORY COMMITTEE RECOMMENDA- into account the reasons for any shortfall, UNANTICIPATED CLAIMS.— TIONS.—The Advisory Committee shall hold actual or projected, which may include— (1) IN GENERAL.—If the Administrator con- expedited public hearings on the alternatives (A) financial factors, including return on cludes, on the basis of the annual report sub- and recommendations of the Administrator investments, borrowing capacity, interest mitted under this section, that— and make its own recommendations for re- rates, ability to collect contributions, and (A) the average number of claims that form of the program under titles I and II. other relevant factors; qualify for compensation under a claim level (3) TRANSMITTAL TO CONGRESS.—Not later (B) the operation of the Fund generally, in- or designation exceeds 125 percent of the than 90 days after receiving the rec- number of claims expected to qualify for ommendations of the Administrator, the Ad- cluding administration of the claims proc- compensation under that claim level or des- visory Committee shall transmit the rec- essing, the ability of the Administrator to ignation in the most recent Congressional ommendations of the Administrator and the collect contributions from participants, po- Budget Office estimate of asbestos-injury recommendations of the Advisory Com- tential problems of fraud, the adequacy of claims for any 3-year period, the Adminis- mittee to the Committee on the Judiciary of the criteria to rule out idiopathic mesothe- trator shall conduct a review of a statis- the Senate and the Committee on the Judici- lioma, and inadequate flexibility to extend tically significant sample of claims quali- ary of the House of Representatives. the timing of payments; fying for compensation under the appro- (f) SHORTFALL ANALYSIS.— (C) the appropriateness of the diagnostic, priate claim level or designation; or (1) IN GENERAL.— exposure, and medical criteria, including the (B) the average number of claims that (A) ANALYSIS.—If the Administrator con- adequacy of the criteria to rule out idio- qualify for compensation under a claim level cludes, at any time, that the Fund may not pathic mesothelioma; or designation is less than 75 percent of the be able to pay claims as such claims become (D) the actual incidence of asbestos-related number of claims expected to qualify for due at any time within the next 5 years and diseases, including mesothelioma, based on compensation under that claim level or des- to satisfy its other obligations, the Adminis- epidemiological studies and other relevant ignation in the most recent Congressional trator shall prepare an analysis of the rea- data; Budget Office estimate of asbestos-injury sons for the situation, an estimation of when (E) compensation of diseases with alter- claims for any 3-year period, the Adminis- the Fund will no longer be able to pay claims native causes; and trator shall conduct a review of a statis- as such claims become due, a description of (F) other factors that the Administrator tically significant sample of claims deemed the range of reasonable alternatives for re- considers relevant. ineligible for compensation under the appro- sponding to the situation, and a rec- (3) RECOMMENDATION OF TERMINATION.—Any priate claim level or designation. ommendation as to which alternative best recommendation of termination should in- (2) DETERMINATIONS.—The Administrator serves the interest of claimants and the pub- clude a plan for winding up the affairs of the shall examine the best available medical evi- lic. The report may include a description of Fund (and the program generally) within a dence and any recommendation made under changes in the diagnostic, exposure, or med- defined period, including paying in full all subsection (b)(5) in order to determine which ical criteria of section 121 that the Adminis- 1 or more of the following is true: trator believes may be necessary to protect claims resolved at the time the report is pre- (A) Without a significant number of excep- the Fund. The Administrator shall submit pared. Any plan under this paragraph shall tions, all of the claimants who qualified for such analysis to the Committee on the Judi- provide for priority in payment to the claim- compensation under the claim level or des- ciary of the Senate and the Committee on ants with the most serious illnesses. ignation suffer from an injury or disease for the Judiciary of the House of Representa- (4) RESOLVED CLAIMS.—For purposes of this which exposure to asbestos was a substantial tives. Any recommendations made by the section, a claim shall be deemed resolved contributing factor. Administrator for changes to the program when the Administrator has determined the (B) A significant number of claimants who shall, in addition, be referred to the Advisory amount of the award due the claimant, and qualified for compensation under the claim Committee on Asbestos Disease Compensa- either the claimant has waived judicial re- level or designation do not suffer from an in- tion established under section 102 for review. view or the time for judicial review has ex- jury or disease for which exposure to asbes- (B) RANGE OF ALTERNATIVES.—The range of pired. tos was a substantial contributing factor. alternatives under subparagraph (A) may in- (g) SUNSET OF ACT.— clude— (C) A significant number of claimants who (1) IN GENERAL.— (i) termination of the program set forth in were denied compensation under the claim (A) TERMINATION.—Subject to paragraph titles I and II of this Act in its entirety; level of designation did suffer from an injury (4), titles I (except subtitle A) and II and sec- (ii) reform of the program set forth in ti- or disease for which exposure to asbestos was tions 403 and 404(e)(2) shall terminate as pro- tles I and II of this Act (including changes in a substantial contributing factor. vided under paragraph (2), if— the diagnostic, exposure, or medical criteria, (D) The Congressional Budget Office pro- (i) the Administrator has begun the proc- changes in the enforcement or application of jections underestimated or overestimated essing of claims; and the actual number of persons who suffer those criteria, enhancement of enforcement (ii) as part of the review conducted to pre- from an injury or disease for which exposure authority, changes in the timing of pay- pare an annual report under this section, the to asbestos was a substantial contributing ments, changes in contributions by defend- Chief Financial Officer of the Department of factor. ant participants, insurer participants (or Labor, giving due consideration to the audit (3) RECOMMENDATIONS CONCERNING CLAIMS both such participants), or changes in award conducted under subsection (h), determines CRITERIA.—If the Administrator determines values); or that a significant number of the claimants (iii) any measure that the Administrator that if any additional claims are resolved, who qualified for compensation under the considers appropriate. the Fund will not have sufficient nontax- claim level under review do not suffer from (C) INSURER SHORTFALL ASSESSMENTS.—Be- payer resources and borrowing authorized an injury or disease for which exposure to as- ginning in year 6 of the life of the Fund, if under section 221 when needed to pay 100 per- bestos was a substantial contributing factor, the Administrator determines that a short- cent of all resolved claims while also meet- or that a significant number of the claim- fall in payment of the annual amounts re- ing all other obligations of the Fund under ants who were denied compensation under quired to be paid by insurer participants this Act, including the payment of— the claim level under review suffered from under section 212(a)(3)(C) is the substantial (I) debt repayment obligations; and an injury or disease for which exposure to as- factor that would cause the Administrator to (II) remaining obligations to the asbestos bestos was a substantial contributing factor, recommend the termination of this Act trust of a debtor and the class action trust. the Administrator shall recommend to Con- under subsection (g), then the Administrator (B) REMAINING OBLIGATIONS.—For purposes gress, under subsection (f), changes to the may impose shortfall assessments on insurer of subparagraph (A)(ii)(II), the remaining ob- compensation criteria in order to ensure participants in addition to the payments im- ligations to the asbestos trust of the debtor that the Fund provides compensation for in- posed under section 212, except that the Ad- and the class action trust shall be deter- jury or disease for which exposure to asbes- ministrator shall not impose such assess- mined by multiplying the amount of assets tos was a substantial contributing factor, ments if the additional amounts would not transferred to the Fund by such debtor or but does not provide compensation to claim- be sufficient to permit the Administrator to class action trust by the applicable percent- ants who do not suffer from an injury or dis- avoid recommending termination of this age set forth in the following schedule de- ease for which asbestos exposure was a sub- Act. During any given year, the total of such pending on the year in which a termination stantial contributing factor. shortfall assessments shall not exceed the shall take effect under paragraph (2). The ap- (e) RECOMMENDATIONS OF ADMINISTRATOR amount by which, during the prior year, plicable percentage shall be adjusted be- AND ADVISORY COMMITTEE.— total payments by insurer participants fell tween years by quarter-annual increments.

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Year After Enact- (B) IN GENERAL.—If a termination takes ef- for benefits against the master trust with re- ment in Which fect under this subsection, the applicable spect to such claim. the Termination is Applicable statute of limitations for the filing of sunset (F) TRUST DOCUMENTS.—The Adminis- Effective Percentage: claims under subsection (h) shall be tolled trator, in consultation with the Advisory 1 ...... 100.00 for any past or pending sunset claimants Committee, shall create such trust docu- 2 ...... 93.95 while such claimants were pursuing claims ments as may be necessary to create and 3 ...... 87.98 filed under this Act. For those claimants govern the operations of the master trust. 4 ...... 82.40 who decide to pursue a sunset claim in ac- The trust documents shall contain provi- 5 ...... 76.97 cordance with subsection (h), the applicable sions that— 6 ...... 71.66 statute of limitations shall apply, except (i) address the payment of compensation to 7 ...... 66.50 that claimants who filed a claim against the and reimbursement of necessary and reason- 8 ...... 61.48 Fund under this Act before the date of termi- able expenses of the trustees, trust advisory 9 ...... 56.61 nation shall have 2 years after the date of committee members and legal representa- 10 ...... 52.01 termination to file a sunset claim in accord- tive, and appointment of successors to such 11 ...... 47.65 ance with subsection (h). 12 ...... 43.52 persons, subject to approval by the district (7) ESTABLISHMENT OF MASTER ASBESTOS court in the case of successors to the trust- 13 ...... 39.62 TRUST.— 14 ...... 35.96 ees and legal representative; and (A) CREATION.—Within 120 days after the (ii) provide for the master trust’s obliga- 15 ...... 32.55 determination of the Administrator under tion to defend and indemnify the Adminis- 16 ...... 29.36 paragraph (1), the Administrator shall create trator, trustees, members of the trust advi- 17 ...... 26.39 a trust to be the successor to the asbestos 18 ...... 23.65 sory committee, legal representative and trusts and any class action trust, to receive 19 ...... 21.11 their respective successors against and from funds equal to the amount determined by the 20 ...... 18.76 legal actions and related losses to the extent Administrator to be necessary to pay the re- 21 ...... 16.62 that a corporation is permitted under the maining aggregate obligations to the asbes- 22 ...... 14.66 laws of Delaware to defend and indemnify its 23 ...... 12.86 tos trusts and any class action trust under paragraph (1) (A)(iii) and (B), and to use such officers and directors. 24 ...... 11.24 (G) DUTY OF TRUSTEES.—The trustees shall 25 ...... 9.78 funds for the exclusive purpose of providing benefits in accordance with the terms of this administer the master trust in accordance 26 ...... 8.48 with the terms of this subparagraph and the 27 ...... 7.32 paragraph to persons who would have held valid asbestos claims against the asbestos Trust Documents for the exclusive purpose 28 ...... 6.29 of providing benefits to persons with valid 29 ...... 5.37 trusts or any class action trust had this Act not been enacted and to otherwise defray the claims against the master trust and other- 30 ...... 4.55 wise defraying the reasonable expenses of ad- 31 ...... 3.83 reasonable expenses of administering the ministering the master trust, and shall man- 32 ...... 3.20 master trust. age and invest the assets of the trust with 33 ...... 2.66 (B) JURISDICTION.—The United States Dis- 34 ...... 2.18 trict Court for the District of Columbia shall the care, skill, prudence, and diligence, 35 ...... 1.77 have exclusive jurisdiction, without regard under like circumstances prevailing at the 36 ...... 1.42 to amount in controversy, over the master time, that a prudent person acting in like ca- 37 ...... 1.13 trust and all civil actions involving the ap- pacity and manner would use. 38 ...... 0.89 plication and construction of this subpara- (H) CLAIMS RESOLUTION PROCEDURES.—The 39 ...... 0.70 graph and the trust documents, including trustees, in consultation with the trust advi- 40 ...... 0.54 any action for the payment of benefits due sory committee and the legal representative, 41 ...... 0.40 under the terms of this subparagraph after shall adopt claims resolution procedures 42 ...... 0.29 exhaustion of trust remedies and any action that provide for fair and expeditious pay- 43 ...... 0.19 for breach of fiduciary duty on the part of ment of benefits to all persons described in 44 ...... 0.12 any fiduciary of the master trust. subparagraph (A). The claims resolution pro- 45 ...... 0.05 (C) TRUSTEES.—The district court shall ap- cedures adopted and implemented by the 46 and thereafter ...... 0.00 point, upon petition by the Administrator trustees shall contain— (2) EFFECTIVE DATE OF TERMINATION.—A after consultation with the Advisory Com- (i) pro rata distributions of award amounts termination under paragraph (1) shall take mittee, 3 trustees to administer the master that are subject to adjustment, if necessary, effect 180 days after the date of a determina- trust. Each trustee, and any successor to based on periodic evaluations of the value of tion of the Administrator under paragraph each trustee, must be independent, free of the master trust’s assets and estimates of (1) and shall apply to all asbestos claims that any adverse interest and have sufficient the numbers and values of present and future have not been resolved by the Fund as of the qualifications and experience to fulfill the asbestos claims for benefits that may be date of the determination. responsibilities described in this section. awarded by the master trust and other mech- (3) RESOLVED CLAIMS.—If a termination (D) TRUST ADVISORY COMMITTEE.—The Ad- anisms that provide reasonable assurance takes effect under this subsection, all re- ministrator, in consultation with the Advi- that the master trust will value, and be in a solved claims shall be paid in full by the sory Committee, shall appoint 3 persons to financial position to pay, similarly situated Fund. represent the interests of trust beneficiaries asbestos claims presented to it that involve (4) EXTINGUISHED CLAIMS.—A claim that is as members of a trust advisory committee to similar diseases in substantially the same extinguished under the statute of limitations consult with and advise the trustees respect- manner; provisions in section 113(b) is not revived at ing the administration of the master trust (ii) proof requirements, claim submission the time of sunset under this subsection. and resolution of asbestos claims. At least 1 procedures, and claim evaluation and allow- (5) CONTINUED FUNDING.—If a termination of the members of the trust advisory com- ance procedures that provide for expeditious takes effect under this subsection, partici- mittee shall be selected from among individ- filing and evaluation of all asbestos claims pants will still be required to make pay- uals recommended by recognized national submitted to the master trust; ments as provided under subtitles A and B of labor federations, and at least 1 of the mem- (iii) provisions for priority review and pay- title II. If the full amount of payments re- bers of the trust advisory committee shall be ment of claimants whose circumstances required by title II is not necessary for the experienced in representing the interests of quire expedited evaluation and compensa- Fund to pay claims that have been resolved trust beneficiaries. tion; as of the date of termination, pay the Fund’s (E) LEGAL REPRESENTATIVE.—The district (iv) exposure requirements for asbestos debt and obligations to the asbestos trusts court shall appoint, upon petition by the Ad- claimants to qualify for a remedy that fairly and class action trust, and support the ministrator after consultation with the Ad- reflect the legal responsibility of at least 1 Fund’s continued operation as needed to pay visory Committee, a legal representative of entity whose liabilities were channeled to an such claims, debt, and obligations, the Ad- persons who may in the future have claims asbestos trust or any class action trust; and ministrator may reduce such payments. Any against the master trust for the purpose of (v) review and dispute resolution proce- such reductions shall be allocated among protecting the rights of such persons respect- dures for disputes regarding the master participants in approximately the same pro- ing the master trust and consulting with and trust’s disallowance or other treatment of portion as the liability under subtitles A and advising the trustees respecting the adminis- claims for benefits. B of title II. tration of the master trust and resolution of (I) MEDICAL CRITERIA.—The trustees, in (6) SUNSET CLAIMS.— asbestos claims. The legal representative consultation with the trust advisory com- (A) DEFINITIONS.—In this paragraph— shall have standing to appear and be heard mittee and the legal representative, shall (i) the term ‘‘sunset claims’’ means claims as a representative of the future asbestos adopt and maintain uniform medical criteria filed with the Fund, but not yet resolved, claimants in any civil action before the dis- that fairly reflect a current state of applica- when this Act has terminated; and trict court relating to the master trust. The ble law and scientific and medical knowl- (ii) the term ‘‘sunset claimants’’ means legal representative shall not represent the edge. The trustees may adopt the medical persons asserting sunset claims. interests of any person who has filed a claim criteria of section 121.

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(J) AWARD AMOUNTS.—The trustees, in con- a diagnosis before the date on which the pre- and certified as fairly representing the finan- sultation with the trust advisory committee vious claim against the Fund was disposed. cial condition of the Fund by an independent and the legal representative, shall adopt a (C) MESOTHELIOMA CLAIM.—An individual auditor. matrix of award amounts for disease cat- who received an award for a nonmalignant or SEC. 406. RULES OF CONSTRUCTION RELATING egories that applies to all claimants who malignant disease (except mesothelioma) TO LIABILITY OF THE UNITED qualify for payment under the medical cri- (Levels I through VIII) from the Fund may STATES GOVERNMENT. teria and claims resolution procedures. The assert a claim for mesothelioma under this (a) CAUSES OF ACTIONS.—Except as other- trustees may adopt the matrix of award subsection, unless the mesothelioma was di- wise specifically provided in this Act, noth- amounts of section 131 or such other matrix agnosed or the claimant had discovered facts ing in this Act shall be construed as creating that the trustees determine provides similar that would have led a reasonable person to a cause of action against the United States benefits for similar claims and fairly reflects obtain such a diagnosis before the date on Government, any entity established under the liability of the entities whose liabilities which the nonmalignant or other malignant this Act, or any officer or employee of the were channeled to the asbestos trusts and claim was disposed. United States Government or such entity. any class action trust. (2) EXCLUSIVE REMEDY.—As of the effective (b) FUNDING LIABILITY.—Nothing in this (K) PAYMENTS TO CLAIMANTS.—The trustees date of a termination of this Act under sub- Act shall be construed to— shall pay each qualifying claimant a benefit section (g), an action under paragraph (1) (1) create any obligation of funding from equal to the product of the master trust pay- shall be the exclusive remedy for any asbes- the United States Government, including ment percentage and the award amount to tos claim that might otherwise exist under any borrowing authorized under section such claimant. The master trust payment Federal, State, or other law, regardless of 221(b)(2); or percentage at any given time shall be deter- whether such claim arose before or after the (2) obligate the United States Government mined by the trustees based on their periodic date of enactment of this Act or of the ter- to pay any award or part of an award, if evaluation of the master trust’s assets and mination of this Act, except that claims amounts in the Fund are inadequate. projected claims as described in subpara- against the Fund that have been resolved be- SEC. 407. RULES OF CONSTRUCTION. graph (H)(i). fore the date of the termination determina- (a) LIBBY, MONTANA CLAIMANTS.—Nothing (L) AMENDMENTS.—The trustees, in con- tion under subsection (f) may be paid by the in this Act shall preclude the formation of a sultation with the trust advisory committee Fund. fund for the payment of eligible medical ex- and legal representative, may amend the (3) VENUE.— penses related to treating asbestos-related trust documents, the claims resolution pro- (A) IN GENERAL.—Actions under paragraph disease for current and former residents of cedures, the medical criteria and the award (1) may be brought in— Libby, Montana. The payment of any such matrix to the extent necessary to more effec- (i) any Federal district court; medical expenses shall not be collateral tively and efficiently carry out the purpose (ii) any State court in the State where the source compensation as defined under sec- of the master trust. If the substantive con- claimant resides; or tion 134(a). solidation of the asbestos trusts and any (iii) any State court in a State where the (b) HEALTHCARE FROM PROVIDER OF class action trust effected by this subsection asbestos exposure occurred. CHOICE.—Nothing in this Act shall be con- is held to be unconstitutional, the trustees (B) DEFENDANTS NOT FOUND.—If any defend- strued to preclude any eligible claimant shall adopt amendments to the trust docu- ant cannot be found in the State described in from receiving healthcare from the provider ments, claims resolution procedures, medical clause (ii) or (iii) of subparagraph (A), the of their choice. criteria and award matrix as may be nec- claim may be pursued only against that de- SEC. 408. VIOLATIONS OF ENVIRONMENTAL essary to bring the master trust in compli- fendant in the Federal district court or the HEALTH AND SAFETY REQUIRE- ance with the Constitution, including if nec- State court located within any State in MENTS. essary, amendments requiring, for each such which the defendant may be found. (a) ASBESTOS IN COMMERCE.—If the Admin- trust, separate claims resolution procedures, (C) DETERMINATION OF MOST APPROPRIATE istrator receives information concerning award amounts and accounting of assets and FORUM.—If a person alleges that the asbestos conduct occurring after the date of enact- liabilities. exposure occurred in more than 1 county (or ment of this Act that may have been a viola- (8) PAYMENT TO MASTER TRUST.—The Federal district), the trial court shall deter- tion of standards issued by the Environ- amount determined by the Administrator to mine which State and county (or Federal dis- mental Protection Agency under the Toxic be necessary to pay the remaining aggregate trict) is the most appropriate forum for the Substances Control Act (15 U.S.C. 2601 et obligations to the asbestos trusts and any claim. If the court determines that another seq.), relating to the manufacture, importa- class action trust under paragraph (1) (A)(iii) forum would be the most appropriate forum tion, processing, disposal, and distribution in and (B) shall be transferred to the master for a claim, the court shall dismiss the commerce of asbestos-containing products, trust within 90 days of termination under claim. Any otherwise applicable statute of the Administrator shall refer the matter in this subsection. Any individual with a valid limitations shall be tolled beginning on the writing within 30 days after receiving that asbestos claim against any asbestos trust or date the claim was filed and ending on the information to the Administrator of the En- class action trust shall be entitled to seek date the claim is dismissed under this sub- vironmental Protection Agency and the relief on account of such claim from the paragraph. United States attorney for possible civil or master trust described in paragraph (7) in ac- (D) STATE VENUE REQUIREMENTS.—Nothing criminal penalties, including those under cordance with that paragraph. in this paragraph shall preempt or supersede section 17 of the Toxic Substances Control (h) NATURE OF CLAIM AFTER SUNSET.— any State’s law relating to venue require- Act (15 U.S.C. 2616), and to the appropriate (1) IN GENERAL.— ments within that State which are more re- State authority with jurisdiction to inves- (A) RELIEF.— strictive. tigate asbestos matters. (i) IN GENERAL.—On and after the date of (4) CLASS ACTION TRUSTS.—Notwithstanding (b) ASBESTOS AS AIR POLLUTANT.—If the termination under subsection (g), any indi- any other provision of this section, after the Administrator receives information con- vidual with an asbestos claim who has not assets of any class action trust have been cerning conduct occurring after the date of previously had a claim resolved by the Fund, transferred to the Fund in accordance with enactment of this Act that may have been a may in a civil action obtain relief in dam- section 203(b)(5), no asbestos claim may be violation of standards issued by the Environ- ages subject to the terms and conditions maintained with respect to asbestos liabil- mental Protection Agency under the Clean under this subsection and paragraph (6) of ities arising from the operations of a person Air Act (42 U.S.C. 7401 et seq.), relating to as- subsection (g), except that any individual with respect to whose liabilities for asbestos bestos as a hazardous air pollutant, the Ad- who would have held a valid asbestos claim claims a class action trust has been estab- ministrator shall refer the matter in writing against any asbestos trust or class action lished, whether such claim names the person within 30 days after receiving that informa- trust had this Act not been enacted may ob- or its successors or affiliates as defendants. tion to the Administrator of the Environ- tain relief on account of such claim only (5) EXPERT WITNESSES.—If scientific, tech- mental Protection Agency and the United from the master trust described in sub- nical, or other specialized knowledge will as- States attorney for possible criminal and section (g)(7) in accordance with the provi- sist the trier of fact to understand the evi- civil penalties, including those under section sions of such subsection. dence or to determine a fact in issue in an 113 of the Clean Air Act (42 U.S.C. 7413), and (ii) RULE OF CONSTRUCTION.—This subpara- action permitted under paragraph (1), a wit- to the appropriate State authority with ju- graph shall not be construed as creating a ness qualified as an expert by knowledge, risdiction to investigate asbestos matters. new Federal cause of action. skill, experience, training, or education, may (c) OCCUPATIONAL EXPOSURE.—If the Ad- (B) RESOLVED CLAIMS.—An individual who testify thereto in the form of an opinion or ministrator receives information concerning has had a claim resolved by the Fund may otherwise, if— conduct occurring after the date of enact- not pursue a court action, except that an in- (A) the testimony is based upon sufficient ment of this Act that may have been a viola- dividual who received an award for a non- facts or data; tion of standards issued by the Occupational malignant disease (Levels I through V) from (B) the testimony is the product of reliable Safety and Health Administration under the the Fund may assert a claim for a subse- principles and methods; and Occupational Safety and Health Act of 1970 quent or progressive disease under this sub- (C) the witness has applied the principles (29 U.S.C. 651 et seq.), relating to occupa- section, unless the disease was diagnosed or and methods reliably to the facts of the case. tional exposure to asbestos, the Adminis- the claimant had discovered facts that would (i) AUDIT.—Any annual report to Congress trator shall refer the matter in writing with- have led a reasonable person to obtain such required under this section shall be reviewed in 30 days after receiving that information

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and refer the matter to the Secretary of (5) PAYMENTS.—Each such employer or other person subject to regulation under the Labor or the appropriate State agency with other individual assessed for a contribution laws related to health insurance of any authority to enforce occupational safety and to the Fund under this subsection shall State; health standards, for investigation for pos- make the required contribution to the Fund (B) a managed care organization; or sible civil or criminal penalties under sec- within 90 days of the date of receipt of notice (C) an employee welfare benefit plan regu- tion 17 of the Occupational Safety and from the Administrator requiring payment. lated under the Employee Retirement In- Health Act of 1970 (29 U.S.C. 666). (6) ENFORCEMENT.—The Administrator is come Security Act of 1974 (29 U.S.C. 1001 et (d) ENHANCED CRIMINAL PENALTIES FOR authorized to bring a civil action under sec- seq.). WILLFUL VIOLATIONS OF OCCUPATIONAL tion 223(c) against any employer or other in- (2) HEALTH PLAN.—The term ‘‘health plan’’ STANDARDS FOR ASBESTOS.—Section 17(e) of dividual who fails to make timely payment means— the Occupational Safety and Health Act of of contributions assessed under this section. (A) a group health plan (as such term is de- 1970 (29 U.S.C. 656(e)) is amended— (f) REVIEW OF FEDERAL SENTENCING GUIDE- fined in section 607 of the Employee Retire- (1) by striking ‘‘Any’’ and inserting ‘‘(1) LINES FOR ENVIRONMENTAL CRIMES RELATED ment Income Security Act of 1974 (29 U.S.C. Except as provided in paragraph (2), any’’; TO ASBESTOS.—Under section 994 of title 28, 1167)), and a multiple employer welfare ar- and United States Code, and in accordance with rangement (as defined in section 3(4) of such (2) by adding at the end the following: this section, the United States Sentencing Act) that provides health insurance cov- Commission shall review and amend, as ap- ‘‘(2) Any employer who willfully violates erage; or propriate, the United States Sentencing any standard issued under section 6 with re- (B) any contractual arrangement for the Guidelines and related policy statements to spect to the control of occupational exposure provision of a payment for healthcare, in- ensure that— to asbestos, shall upon conviction be pun- cluding any health insurance arrangement or (1) appropriate changes are made within ished by a fine in accordance with section any arrangement consisting of a hospital or the guidelines to reflect any statutory 3571 of title 18, United States Code, or by im- medical expense incurred policy or certifi- amendments that have occurred since the prisonment for not more than 5 years, or cate, hospital or medical service plan con- time that the current guideline was promul- both, except that if the conviction is for a tract, or health maintenance organizing sub- gated; violation committed after a first conviction scriber contract. (2) the base offense level, adjustments, and of such person, punishment shall be by a fine (c) CONFORMING AMENDMENTS.— specific offense characteristics contained in in accordance with section 3571 of title 18, (1) ERISA.—Section 702(a)(1) of the Em- section 2Q1.2 of the United States Sen- United States Code, or by imprisonment for ployee Retirement Income Security Act of tencing Guidelines (relating to mishandling not more than 10 years, or both.’’. 1974 (29 U.S.C. 1182(a)(1)), is amended by add- of hazardous or toxic substances or pes- (e) CONTRIBUTIONS TO THE ASBESTOS TRUST ing at the end the following: ticides; recordkeeping, tampering, and fal- ‘‘(I) Participation in a medical monitoring FUND BY EPA AND OSHA ASBESTOS VIOLA- sification; and unlawfully transporting haz- TORS.— program under the Fairness in Asbestos In- ardous materials in commerce) are increased jury Resolution Act of 2006.’’. (1) IN GENERAL.—The Administrator shall as appropriate to ensure that future asbes- assess employers or other individuals deter- (2) PUBLIC SERVICE HEALTH ACT.—Section tos-related offenses reflect the seriousness of 2702(a)(1) of the Public Health Service Act (42 mined to have violated asbestos statutes, the offense, the harm to the community, the standards, or regulations administered by U.S.C. 300gg–1(a)(1)) is amended by adding at need for ongoing reform, and the highly reg- the end the following: the Department of Labor, the Environmental ulated nature of asbestos; Protection Agency, and their State counter- ‘‘(I) Participation in a medical monitoring (3) the base offense level, adjustments, and program under the Fairness in Asbestos In- parts, for contributions to the Asbestos In- specific offense characteristics are sufficient jury Claims Resolution Fund (in this section jury Resolution Act of 2006.’’. to deter and punish future activity and are (3) INTERNAL REVENUE CODE OF 1986.—Sec- referred to as the ‘‘Fund’’). adequate in cases in which the relevant of- (2) IDENTIFICATION OF VIOLATORS.—Each tion 9802(a)(1) of the Internal Revenue Code fense conduct— of 1986 is amended by adding at the end the year, the Administrator shall— (A) involves asbestos as a hazardous or (A) in consultation with the Assistant Sec- following: toxic substance; and ‘‘(I) Participation in a medical monitoring retary of Labor for Occupational Safety and (B) occurs after the date of enactment of Health, identify all employers that, during program under the Fairness in Asbestos In- this Act; jury Resolution Act of 2006.’’. the previous year, were subject to final or- (4) the adjustments and specific offense ders finding that they violated standards characteristics contained in section 2B1.1 of TITLE V—ASBESTOS BAN issued by the Occupational Safety and the United States Sentencing Guidelines re- SEC. 501. PROHIBITION ON ASBESTOS CON- Health Administration for control of occupa- lated to fraud, deceit, and false statements, TAINING PRODUCTS. tional exposure to asbestos (29 C.F.R. adequately take into account that asbestos (a) IN GENERAL.—Title II of the Toxic Sub- 1910.1001, 1915.1001, and 1926.1101) or the was involved in the offense, and the possi- stances Control Act (15 U.S.C. 2641 et seq.) is equivalent asbestos standards issued by any bility of death or serious bodily harm as a amended— State under section 18 of the Occupational result; (1) by inserting before section 201 (15 U.S.C. Safety and Health Act (29 U.S.C. 668); and (5) the guidelines that apply to organiza- 2641) the following: (B) in consultation with the Administrator tions in chapter 8 of the United States Sen- ‘‘Subtitle A—General Provisions’’; of the Environmental Protection Agency, tencing Guidelines are sufficient to deter identify all employers or other individuals and and punish organizational criminal mis- (2) by adding at the end the following: who, during the previous year, were subject conduct that involves the use, handling, pur- ‘‘Subtitle B—Ban of Asbestos Containing to final orders finding that they violated as- chase, sale, disposal, or storage of asbestos; Products bestos regulations administered by the Envi- and ronmental Protection Agency (including the (6) the guidelines that apply to organiza- ‘‘SEC. 221. BAN OF ASBESTOS CONTAINING PROD- National Emissions Standard for Asbestos tions in chapter 8 of the United States Sen- UCTS. established under the Clean Air Act (42 tencing Guidelines are sufficient to deter ‘‘(a) DEFINITIONS.—In this chapter: U.S.C. 7401 et seq.), the asbestos worker pro- and punish organizational criminal mis- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- tection standards established under part 763 conduct that involves fraud, deceit, or false trator’ means the Administrator of the Envi- of title 40, Code of Federal Regulations, and statements against the Office of Asbestos ronmental Protection Agency. the regulations banning asbestos promul- Disease Compensation. ‘‘(2) ASBESTOS.—The term ‘asbestos’ in- gated under section 501 of this Act), or equiv- cludes— SEC. 409. NONDISCRIMINATION OF HEALTH IN- alent State asbestos regulations. SURANCE. ‘‘(A) chrysotile; (3) ASSESSMENT FOR CONTRIBUTION.—The (a) DENIAL, TERMINATION, OR ALTERATION ‘‘(B) amosite; Administrator shall assess each such identi- OF HEALTH COVERAGE.—No health insurer of- ‘‘(C) crocidolite; fied employer or other individual for a con- fering a health plan may deny or terminate ‘‘(D) tremolite asbestos; tribution to the Fund for that year in an coverage, or in any way alter the terms of ‘‘(E) winchite asbestos; amount equal to— coverage, of any claimant or the beneficiary ‘‘(F) richterite asbestos; (A) 2 times the amount of total penalties of a claimant, on account of the participa- ‘‘(G) anthophyllite asbestos; assessed for the first violation of occupation of the claimant or beneficiary in a med- ‘‘(H) actinolite asbestos; tional health and environmental statutes, ical monitoring program under this Act, or ‘‘(I) asbestiform amphibole minerals; and standards, or regulations; as a result of any information discovered as ‘‘(J) any of the minerals listed under sub- (B) 4 times the amount of total penalties a result of such medical monitoring. paragraphs (A) through (I) that has been for a second violation of such statutes, (b) DEFINITIONS.—In this section: chemically treated or altered, and any standards, or regulations; and (1) HEALTH INSURER.—The term ‘‘health in- asbestiform variety, type, or component (C) 6 times the amount of total penalties surer’’ means— thereof. for any violations thereafter. (A) an insurance company, healthcare serv- ‘‘(3) ASBESTOS CONTAINING PRODUCT.—The (4) LIABILITY.—Any assessment under this ice contractor, fraternal benefit organiza- term ‘asbestos containing product’ means subsection shall be considered a liability tion, insurance agent, third-party adminis- any product (including any part) to which under this Act. trator, insurance support organization, or asbestos is deliberately or knowingly added

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.084 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5387 or used because the specific properties of as- by the National Guard of any State and tos containing product directly or indirectly bestos are necessary for product use or func- which are uniquely military in nature; from an end user; or tion. Under no circumstances shall the term ‘‘(II) no reasonably available and equiva- ‘‘(B) requires that an asbestos containing ‘asbestos containing product’ be construed to lent alternatives to the asbestos containing product described in subparagraph (A) be re- include products that contain de minimus product exist for the intended purpose; and moved or replaced.’’. levels of naturally occurring asbestos as de- ‘‘(III) use of the asbestos containing prod- (b) TECHNICAL AND CONFORMING AMEND- fined by the Administrator not later than 1 uct will not result in a known unreasonable MENTS.—The table of contents in section 1 of year after the date of enactment of this risk to health or the environment. the Toxic Substances Control Act (15 U.S.C. chapter. ‘‘(ii) NATIONAL AERONAUTICS AND SPACE AD- prec. 2601) is amended— ‘‘(4) DISTRIBUTE IN COMMERCE.—The term MINISTRATION.—The Administrator of the En- (1) by inserting before the item relating to ‘distribute in commerce’— vironmental Protection Agency shall provide section 201 the following: ‘‘(A) has the meaning given the term in an exemption from the requirements of sub- ‘‘Subtitle A—General Provisions’’; section 3 of the Toxic Substances Control section (b), without review or limit on dura- Act (15 U.S.C. 2602); and tion, if such exemption for an asbestos con- and ‘‘(B) shall not include— taining product is sought by the Adminis- (2) by adding at the end of the items relat- ‘‘(i) an action taken with respect to an as- trator of the National Aeronautics and Space ing to title II the following: bestos containing product in connection with Administration and the Administrator of the ‘‘Subtitle B—Ban of Asbestos Containing the end use of the asbestos containing prod- National Aeronautics and Space Administra- Products uct by a person that is an end user, or an action certifies, and provides a copy of that tion taken by a person who purchases or re- certification to Congress, that— ‘‘Sec. 221. Ban of asbestos containing prod- ceives a product, directly or indirectly, from ‘‘(I) the asbestos containing product is nec- ucts.’’. an end user; or essary to the critical functions of the Na- SEC. 502. NATURALLY OCCURRING ASBESTOS. ‘‘(ii) distribution of an asbestos containing tional Aeronautics and Space Administra- (a) STUDY.— product by a person solely for the purpose of tion; (1) IN GENERAL.—Not later than 12 months disposal of the asbestos containing product ‘‘(II) no reasonable alternatives to the as- after the date of enactment of this Act, the in compliance with applicable Federal, bestos containing product exist for the in- Administrator of the Environmental Protec- State, and local requirements. tended purpose; and tion Agency shall— ‘‘(b) IN GENERAL.—Subject to subsection ‘‘(III) the use of the asbestos containing (c), the Administrator shall promulgate— (A) conduct a study to assess the risks of product will not result in an unreasonable ‘‘(1) not later than 1 year after the date of exposure to naturally occurring asbestos, in- risk to health or the environment. enactment of this chapter, proposed regula- cluding the appropriateness of the existing ‘‘(B) ADMINISTRATIVE PROCEDURE ACT.—Any tions that— risk assessment values for asbestos and certification required under subparagraph ‘‘(A) prohibit persons from manufacturing, methods of assessing exposure; and (A) shall not be subject to chapter 5 of title processing, or distributing in commerce as- (B) submit a report that contains a de- 5, United States Code (commonly referred to bestos containing products; and tailed statement of the findings and conclu- as the ‘Administrative Procedure Act’). ‘‘(B) provide for implementation of sub- sions of such study to— ‘‘(4) SPECIFIC EXEMPTIONS.—The following sections (c) and (d); and (i) the majority and minority leaders of are exempted: ‘‘(2) not later than 2 years after the date of the Senate; enactment of this chapter, final regulations ‘‘(A) Asbestos diaphragms for use in the (ii) the Speaker and the minority leader of that, effective 60 days after the date of pro- manufacture of chlor-alkali and the products the House of Representatives; and mulgation, prohibit persons from manufac- and derivative therefrom. (iii) the relevant committees of jurisdic- turing, processing, or distributing in com- ‘‘(B) Roofing cements, coatings, and tion of the Senate and House of Representa- merce asbestos containing products. mastics utilizing asbestos that is totally en- tives, including— ‘‘(c) EXEMPTIONS.— capsulated with asphalt, subject to a deter- (I) the Environment and Public Works ‘‘(1) IN GENERAL.—Any person may petition mination by the Administrator of the Envi- Committee of the Senate; the Administrator for, and the Adminis- ronmental Protection Agency under para- (II) the Appropriations Committee of the trator may grant, an exemption from the re- graph (5). Senate; quirements of subsection (b), if the Adminis- ‘‘(5) ENVIRONMENTAL PROTECTION AGENCY (III) the Judiciary Committee of the Sen- trator determines that— REVIEW.— ate; ‘‘(A) the exemption would not result in an ‘‘(A) REVIEW IN 18 MONTHS.—Not later than (IV) the Energy and Commerce Committee unreasonable risk of injury to public health 18 months after the date of enactment of this of the House of Representatives; or the environment; and chapter, the Administrator of the Environ- (V) the Judiciary Committee of the House ‘‘(B) the person has made good faith efforts mental Protection Agency shall complete a of Representatives; and to develop, but has been unable to develop, a review of the exemption for roofing cements, (VI) the Appropriations Committee of the substance, or identify a mineral that does coatings, and mastics utilizing asbestos that House of Representatives. not present an unreasonable risk of injury to are totally encapsulated with asphalt to de- (2) DEVELOPMENT REQUIREMENTS.— public health or the environment and may be termine whether— (A) IN GENERAL.—Not later than 18 months substituted for an asbestos containing prod- ‘‘(i) the exemption would result in an un- after the date of enactment of this Act, the uct. reasonable risk of injury to public health or Administrator of the Environmental Protec- ‘‘(2) TERMS AND CONDITIONS.—Except for an the environment; and tion Agency, in consultation with appro- exception authorized under paragraph ‘‘(ii) there are reasonable, commercial al- priate Federal and State agencies and other (3)(A)(i), an exemption granted under this ternatives to the roofing cements, coatings, interested parties after appropriate notice, subsection shall be in effect for such period and mastics utilizing asbestos that is totally shall establish dust management guidelines, (not to exceed 5 years) and subject to such encapsulated with asphalt. and model State regulations that States can terms and conditions as the Administrator ‘‘(B) REVOCATION OF EXEMPTION.—Upon choose to adopt, for commercial and residen- may prescribe. completion of the review, the Administrator tial development, and road construction in ‘‘(3) GOVERNMENTAL USE.— of the Environmental Protection Agency areas where naturally occurring asbestos is ‘‘(A) IN GENERAL.— shall have the authority to revoke the ex- present and considered a risk. Such dust ‘‘(i) DEPARTMENT OF DEFENSE.—Nothing in emption for the products exempted under management guidelines may at a minimum this section or in the regulations promul- paragraph (4)(B), if warranted. incorporate provisions consistent with the gated by the Administrator under subsection ‘‘(d) DISPOSAL.— relevant California Code of Regulation (17 (b) shall prohibit or limit the manufacture, ‘‘(1) IN GENERAL.—Except as provided in C.C.R. 93105–06). processing, or distribution in commerce of paragraph (2), not later than 3 years after (B) DUST MANAGEMENT GUIDELINES.—Guide- asbestos containing products by or for the the date of enactment of this chapter, each lines under this paragraph shall include— Department of Defense or the use of asbestos person that possesses an asbestos containing (i) site management practices to minimize containing products by or for the Depart- product that is subject to the prohibition es- the disturbance of naturally occurring asbes- ment of Defense if the Secretary of Defense tablished under this section shall dispose of tos and contain asbestos mobilized from the certifies (or recertifies within 10 years of a the asbestos containing product, by a means source at the development site; prior certification), and provides a copy of that is in compliance with applicable Fed- (ii) air and soil monitoring programs to as- the certification to Congress, that— eral, State, and local requirements. sess asbestos exposure levels at the develop- ‘‘(I) use of asbestos containing product is ‘‘(2) EXEMPTION.—Nothing in paragraph ment site and to determine whether asbestos necessary to the critical functions of the De- (1)— is migrating from the site; and partment, which includes the use of the as- ‘‘(A) applies to an asbestos containing (iii) appropriate disposal options for asbes- bestos containing product in any weaponry, product that— tos-containing materials to be removed from equipment, aircraft, vehicles, or other class- ‘‘(i) is no longer in the stream of com- the site during development. es or categories of property which are owned merce; or (b) TESTING PROTOCOLS.— or operated by the Armed Forces of the ‘‘(ii) is in the possession of an end user or (1) IN GENERAL.—Not later than 18 months United States (including the Coast Guard) or a person who purchases or receives an asbes- after the date of enactment of this Act, the

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.085 S26MYPT1 ycherry on PROD1PC64 with SENATE S5388 CONGRESSIONAL RECORD — SENATE May 26, 2006 Administrator of the Environmental Protec- local regulations shall be at least as protec- from suit by bankruptcy. And finally, tion Agency, in consultation with appro- tive as the model regulations to be eligible we clarified the statute of limitations priate State agencies, shall establish com- for the matching grants. for our Nation’s war veterans so they (h) AVAILABILITY OF FUNDS.—An amount of prehensive protocols for testing for the pres- will have better access to the trust ence of naturally occurring asbestos. $40,000,000 from the Fund shall be made (2) PROTOCOLS.—The protocols under this available to carry out the requirements of fund. subsection shall address both ambient air this section, including up to $9,000,000 for the None of the additional provisions monitoring and activity-based personal sam- Secretary of the Interior to carry out sub- contained in this substitute diminish pling and include— section (d), up to $4,000,000 for the Director of the bill’s key principle: That the asbes- (A) suggested sampling devices and guide- the National Institutes of Health to carry tos trust fund will be comprised solely lines to address the issues of methods com- out subsection (e), and the remainder for the of private money. Nothing in this bill parability, sampler operation, performance Administrator of the Environmental Protec- will reduce the protection of victims specifications, and quality control and qual- tion Agency, at least $15,000,000 of which against insurance subrogation. I am ity assurance; shall be used for the matching grants under (B) a national laboratory and air sampling subsection (g). proud to report that we have also accreditation program for all methods of (i) CONSTRUCTION.— maintained our core medical criteria analyses of air and soil for naturally occur- (1) GUIDELINES AND PROTOCOLS.—The guide- so that those who have been impaired ring asbestos; lines and protocols issued by the Adminis- by asbestos exposure will receive com- (C) recommended laboratory analytical trator of the Environmental Protection pensation appropriate to their injuries. procedures, including fiber types, fiber Agency under the specific authorities in sub- Earlier this week, we were all sad- lengths, and fiber aspect ratios; and sections (a), (b), and (c) shall be construed as dened to learn of the passing of Judge (D) protocols for collecting and analyzing nonbinding best practices unless adopted as a mandatory requirement by a State or local Edward R. Becker. As many of my col- aggregate and soil samples for asbestos con- leagues are keenly aware, Judge Beck- tent, including proper and consistent sample government. Notwithstanding the preceding preparation practices suited to the activity sentence, accreditation for testing will not er worked patiently with Senators and likely to occur on the soils of the study area. be granted except in accordance with the all of the stakeholders on this legisla- (c) EXISTING BUILDINGS AND AREAS.—Not guidelines issued under subsection (b)(2)(B). tion for almost 3 years. We engaged in later than 1 year after the date of enactment (2) FEDERAL CAUSES OF ACTION.—This sec- an exhaustive process of committee of this Act, the Administrator of the Envi- tion shall not be construed as creating any hearings, deliberations and negotia- ronmental Protection Agency shall issue new Federal cause of action for civil, crimi- tions. Judge Becker was crucial to each public education materials, recommended nal, or punitive damages. step in the process. We would not have best management practices and rec- (3) FEDERAL CLAIMS.—This section shall ommended remedial measures for areas con- not be construed as creating any new Fed- made the bipartisan progress that this taining naturally occurring asbestos includ- eral claim for injunctive or declaratory re- legislation reflects without his tireless ing existing— lief against a State, local, or private party. efforts. (1) schools and parks; and (4) STATES AND LOCALITIES.—Nothing in Unfortunately, time is running out (2) commercial and residential develop- this section shall limit the authority of for this session of Congress. I know ment. States or localities concerning naturally oc- that some partisans will claim that we (d) MAPPING.—The Secretary of the Inte- curring asbestos. should refrain from reaching across the rior shall— Mr. LEAHY. Mr. President, today, I (1) acquire infrared mapping data for natu- aisle during an election year but this rally occurring asbestos, prioritizing Cali- join the chairman of the Judiciary persistent problem compels us to move fornia counties experiencing rapid popu- Committee, Senator SPECTER, in intro- forward to try and help the thousands lation growth; ducing an amended version of S. 852, of victims of asbestos exposure. I urge (2) process that data into map images; and the Fairness in Asbestos Injury Resolu- the Senate majority leader to give us (3) collaborate with the California Geologi- tion Act of 2006, the FAIR Act. This sufficient floor time to debate and vote cal Survey and any other appropriate State legislation enhances our previous trust on this important legislation on its agencies in producing final maps of asbestos fund bill by adopting many of the merits. zones. amendments filed in February by Sen- (e) RESEARCH GRANTS.—The Director of the National Institutes of Health shall admin- ators on both sides of the aisle. We By Mr. ALLEN (for himself, Mr. ister 1 or more research grants to qualified have incorporated amendments that NELSON of Nebraska, Mr. CRAIG, entities for studies that focus on better un- further protect against fraud and make Mr. INHOFE, Mr. LOTT, Mrs. derstanding the health risks of exposure to sure the sickest victims are paid as DOLE, Mr. VITTER, Mr. ENSIGN, naturally occurring asbestos. Grants under soon as possible. We added crucial pro- Mr. MARTINEZ, Mr. BURR, Mr. this subsection shall be awarded through a visions that make the trust fund acces- CRAPO, Mr. SUNUNU, and Mr. competitive peer-reviewed, merit-based proc- sible to victims who were exposed to THUNE): ess. (f) TASK FORCE PARTICIPATION.—Represent- asbestos during the attacks on the S 3275. A bill to amend title 18, atives of Region IX of the United States En- World Trade Center and Hurricanes United States Code, to provide a na- vironmental Protection Agency, and the Katrina and Rita. We clarified the bill tional standard in accordance with Agency for Toxic Substances and Disease language to ensure that inactive dor- which nonresidents of a State may Registry of the United States Department of mant claims cannot be revived to over- carry concealed firearms in the State; Health and Human Services shall participate whelm the trust fund. to the Committee on the Judiciary. in any task force convened by the State of This legislation also contains a few Mr. ALLEN. Mr. President, I rise California to evaluate policies and adopt guidelines for the mitigation of risks associ- additional changes that we believe re- today on behalf of myself, my good ated with naturally occurring asbestos. spond directly to concerns raised by friend from Nebraska, Senator NELSON, (g) MATCHING GRANTS.—The Administrator our colleagues during floor debate. The and 11 other Senators—Senators CRAIG, of the Environmental Protection Agency is floor amendments incorporated in this INHOFE, LOTT, DOLE, VITTER, ENSIGN, authorized to award 50 percent matching bill include, among others, the Kyl MARTINEZ, BURR, CRAPO, SUNUNU, and Federal grants to States and municipalities. funding amendment that will protect THUNE—to introduce legislation to Not later than 4 months after the date of en- small and medium sized businesses. We amend title 18, United States Code, to actment of this Act, the Administrator of provide a national standard under the Environmental Protection Agency shall also addressed the concerns of busi- establish criteria to award such grants— nesses that currently pay nothing or which nonresidents of a State may (1) for monitoring and remediation of natu- very little because they are well-in- carry concealed firearms in the State. rally occurring asbestos— sured. None of these changes under- The bill is a companion bill to H.R. (A) at schools, parks, and other public mine the existing guarantee on overall 4547, which Congressmen CLIFF areas; and private funding at $140 billion. STEARNS of Florida and RICK BOUCHER (B) in serpentine aggregate roads gener- Also importantly, we preserved the of Virginia have introduced in the ating significant public exposure; and ability of the existing bankruptcy House. (2) for development, implementation, and trusts to continue paying impaired vic- Our bill would allow any person with enforcement of State and local dust management regulations concerning naturally oc- tims while the trust fund becomes a valid concealed carry permit or li- curring asbestos, provided that after the Ad- operational. This will smooth the tran- cense issued by a State to carry a con- ministrator has issued model State regula- sition for victims who were exposed by cealed firearm in any other State if tions under subsection (a)(2), such State and companies that are currently protected they meet certain criteria. The laws of

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.085 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5389 each State that govern where con- bilization and reconstruction capabili- Despite this good progress, signifi- cealed firearms may be carried would ties, while encouraging improved cant gaps in our capabilities remain. still apply and would be fully respected mechanisms for civilian and military Our legislation calls for a 250-person within its borders. The bill would sim- agencies to work together on these Active-Duty corps, in addition to the ply require States to recognize each missions. Reserves, made up of both State De- other’s concealed carry permits and li- Over the years, our Government has partment and OSAID employees. Such censes, just as they recognize drivers’ cobbled together plans, people, and a corps could be rapidly deployed with licenses. It would not create a Federal projects to respond to post-conflict sit- the military for both initial assess- licensing system. uations in the Balkans, in Afghanistan, ments and operational purposes. They The right-to-carry movement has en- in Iraq, and elsewhere. The efforts of would be the first civilian team on the joyed great success throughout our Na- those engaged have been valiant, but ground in post-conflict situations, well tion. To cite just one example, the these emergencies have been complex in advance of the establishment of an murder rate in my Commonwealth of and time sensitive. In my judgment, embassy. This Active-Duty corps would Virginia has plunged a dramatic 40 per- our ad hoc approach has been inad- be able to do a wide range of civilian cent since the right-to-carry law that I equate to deal quickly and efficiently jobs that are needed in a post-conflict signed as Governor took effect in 1995. with complex emergencies. In turn, our or otherwise hostile environment. This is commonsense legislation. It lack of preparation for immediate sta- Such a 250-person corps would be no recognizes that Congress has affirmed bilization contingencies has made our larger than the typical Army company, an individual’s right to carry firearms subsequent reconstruction efforts more but it would be a force multiplier. It for ‘‘protective purposes in the Gun difficult and expensive. would be equipped with the authority Control Act, 1968, and in the Firearm This legislation builds on legislation, and training to take broad operational Owners’ Protection Act, 1986. In addi- S. 2127, that Senators BIDEN and HAGEL responsibility for stabilization mis- tion, last year, when this Congress and I introduced in early 2004 to en- sions. Establishment of such a corps is a modest investment when seen as part passed the Protection of Lawful Com- courage and support a well-organized, of the overall national security budget. merce in Arms Act on a strong bi-par- sufficiently resourced and strongly led Even in peace time, we maintain Ac- tisan vote, we preserved all law-abiding civilian counterpart to the military in tive-Duty military forces of almost 1.4 citizens’ access to firearms and ammu- post-conflict zones. It is our view that the civilian side needs both operational million men and women who train and nition for all lawful purposes, includ- plan for the possibility of war. Given ing, of course, self-defense. capability and a significant surge capacity. This legislation gives statutory how critical post-conflict situations I urge all my colleagues to join with have been to American national secu- Senator NELSON and me in cospon- status to the State Department’s Office of the Coordinator of Reconstruction rity in the last decade, I believe it is soring this bill to increase the safety of reasonable to have a mere 250 civilians the many law-abiding Americans who and Stabilization and makes the position of Coordinator subject to the ad- who are training for these situations have chosen to carry a firearm for pro- and are capable of being deployed any- vice and consent of the Senate. The tection against criminal attack. where in the world, at any time they legislation authorizes the establish- By Mr. LUGAR (for himself, Mr. may be needed. ment of a civilian response corps with This legislation also calls on the BIDEN, Mr. HAGEL, Mr. ALEX- both Active-Duty and Reserve compo- heads of other executive branch agen- ANDER, and Mr. WARNER): nents and provides the office flexibility cies to establish personnel exchange S. 3322. A bill to build operational in personnel management, pay, and programs designed to enhance sta- readiness in civilian agencies, and for benefits to build that corps and create bilization and reconstruction capacity. other purposes; considered and passed. surge capacity in an emergency. Fi- The Departments of Agriculture, Mr. LUGAR. Mr. President, this leg- nally, it authorizes expenditures for a Treasury, Commerce, Health and islation is the result of a conversation crisis response fund, for the civilian re- Human Services—indeed virtually all begun in 2003 between members of the sponse corps, and for a substantial the civilian agencies—can make unique Senate Foreign Relations Committee training, planning and operational ca- contributions to the overall effort. and the leadership of the State Depart- pacity for the office. Once the Department embraced the ment. Since that time, the legislation The State Department has come a concept of organizing and leading the has gone through a number of evo- long way in recognizing the role it civilian effort, the main roadblock be- lutions and has passed the committee could and should be playing. It estab- came resources. So far, only about $21 unanimously both as a freestanding lished the Office of the Coordinator of million has been provided for the oper- bill and as part of the State Depart- Reconstruction and Stabilization in ations of the office, despite administra- ment authorization bill. I am asking July of 2004. Under the leadership of tion requests for substantially more the Senate to pass it now as a free- Carlos Pascual, the office conducted a funding. For 2007, the administration standing bill. government-wide inventory of the ci- has requested a $75 million crisis re- International crises are inevitable, vilian assets that might be available sponse fund to be made available as a and in most cases, U.S. national secu- for stabilization and reconstruction contingency for stabilization and re- rity interests will be threatened by tasks in post-conflict zones. It has un- construction crises. Of this amount, sustained instability. The war on ter- dertaken the planning necessary to re- the administration would like to spend rorism necessitates that we not leave cruit, train, and organize a Reserve $25 million for the organization, train- nations crumbling and ungoverned. We corps of civilians for rapid deployment. ing, and emergency deployment of the have already seen how terrorists can It also is formulating interagency con- Reserve component of the response exploit nations afflicted by lawlessness tingency plans—informed by our past corps. This legislation authorizes the and desperate circumstances. They experiences—for countries and regions crisis response fund and $80 million for seek out such places to establish train- of the world where the next crisis could the operations of the new State De- ing camps, recruit new members, and suddenly arise. partment office and the Active-Duty tap into a global black market in weap- In December 2005, the President corps, including training, equipment, ons. signed a directive putting the Sec- and travel. In this international atmosphere, the retary of State in charge of inter- So far, the office has heroically United States must have the right agency stabilization and reconstruc- stretched dollars by recruiting per- structures, personnel, and resources in tion efforts. Last month, Secretary sonnel on detail from other agencies, place when an emergency occurs. A Rice promised to dedicate 15 of the 100 taking advantage of DOD-funded train- delay in our response of a few weeks, or new positions she is requesting for fis- ing, and getting the State Department even days, can mean the difference be- cal year 2007 to the Reconstruction and to pay for the overhead of new office tween success and failure. Clearly we Stabilization Office. This will increase space from other sources. But such a need a full range of tools to prevail. staff to about 95 individuals, with sec- hand-to-mouth existence has obvious Our committee’s focus has been on onded personnel and contractors in- disadvantages. Detailed personnel rare- boosting the civilian side of our sta- cluded in that count. ly stay long, and institutional memory

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.099 S26MYPT1 ycherry on PROD1PC64 with SENATE S5390 CONGRESSIONAL RECORD — SENATE May 26, 2006 becomes short. Relying on DOD funds strong and reliable civilian component gage in long-term contracts with pro- puts the office in the passenger seat that boosts our stabilization and recon- ducers to ensure a stable, domestic fuel when it should have the resources to struction capabilities. Passing this leg- for our armed forces. This bill also au- pursue uniquely civilian-oriented islation will demonstrate that there is thorizes the Department of Energy and goals. a keen understanding in the Senate Department of Defense to evaluate In addition, the crisis response fund that we need to move forward. It will coal-to-liquids fuels for storage in the outlined in our legislation has not been support executive branch actions al- Strategic Petroleum Reserve and al- appropriated. On the Senate side, we ready taken and encourage further lows the government to turn to this do- were able to secure $20 million for the progress. I urge its passage. mestic source of fuel for filling the refund in the fiscal year 2006 Foreign Op- serve. erations Appropriations bill. The entire By Mr. BUNNING (for himself, With this legislation America can amount, however, was eliminated in Mr. OBAMA, Mr. LUGAR, Mr. take a huge step toward energy inde- the conference committee with the BURNS, and Mr. PRYOR): pendence. My bill will foster a domes- House. S. 3325. A bill to promote coal-to-liq- tic marketplace for coal-to-liquids One stopgap measure that the Con- uid fuel activities; to the Committee fuels, bring down gasoline costs and gress did pass in fiscal year 2006 was on Finance. provide our military with a secure, do- Mr. BUNNING. Mr. President, I rise the authority to transfer up to $100 mestic fuel source. I urge my col- today to introduce the Coal-to-Liquid million from the Pentagon to the State leagues to support this bill. Department for boosting the civilian Fuel Promotion Act of 2006. Last response to particular trouble spots. month, I chaired an Energy Committee By Mr. MCCONNELL (for himself, However, this money will not provide hearing on this promising technology Mrs. FEINSTEIN, Mr. MCCAIN, the resources necessary over the long that can turn coal into diesel fuel. Mr. FRIST, Mr. REID, Mr. ALEX- term to improve the State Depart- Working with industry and the sci- ANDER, Mr. ALLARD, Mr. ALLEN, entific community, I have put together ment’s capacity to be a capable partner Mr. BENNETT, Mr. BIDEN, Mr. a comprehensive piece of legislation in responding to complex emergencies. BINGAMAN, Mrs. BOXER, Mr. with the goal of providing the right The foreign affairs budget is always a BROWNBACK, Mr. BUNNING, Mr. combination of incentives to create a tougher sell to Congress than the mili- BURNS, Mr. BURR, Mr. CHAFEE, backbone of coal-to-liquids infrastruc- tary budget. President Bush has at- Mr. CHAMBLISS, Mrs. CLINTON, ture in the United States. tempted to reverse the downward spiral Mr. COCHRAN, Ms. COLLINS, Mr. in overall foreign affairs spending that The first step is for the Department DEWINE, Mrs. DOLE, Mr. DOMEN- took place in the 1990s. In that decade, of Energy to help with planning these ICI, Mr. DURBIN, Mr. ENSIGN, both the executive and legislative large-scale coal-to-liquids plants. This Mr. FEINGOLD, Mr. HAGEL, Mr. branches rushed to cash in on the peace legislation will create a loan program HARKIN, Mr. KENNEDY, Mr. dividend. But President Bush has con- where the private sector can obtain a KERRY, Mr. KOHL, Mr. KYL, Mr. sistently requested increases for the loan of up to $20 million, matched dol- LEAHY, Mr. LIEBERMAN, Mr. 150 Account in his budgets. For the fis- lar-for-dollar by non-federal money, to LUGAR, Mr. MARTINEZ, Mr. cal year 2007 budget, he requested a pay for the significant costs of plan- MENENDEZ, Ms. MIKULSKI, Ms. 10.3-percent increase over the CBO-de- ning, permitting and engineering a MURKOWSKI, Mr. OBAMA, Mr. termined baseline of fiscal year 2006. coal-to-liquid facility. This program But, if previous years are any exam- will have minimal cost to the tax- SALAZAR, Mr. SANTORUM, Mr. ple, the amount appropriated will fall payers as these loans will be repaid, SARBANES, Mr. SMITH, Ms. far short of the amount requested. Last within 5 years, after a planned plant is STABENOW, Mr. SUNUNU, Mr. year, the President’s annual request financed. The federal government will VOINOVICH, and Mr. WYDEN): for foreign affairs was cut by $2.1 bil- also provide loan guarantees for coal- S.J. Res. 38. A joint resolution ap- lion. The Congress cut the fiscal 2005 to-liquids facilities by expanding the proving the renewal of import restric- annual request by a similar amount. program authorized in the Energy Pol- tions contained in the Burmese Free- According to a Congressional Research icy Act of 2005. dom and Democracy Act of 2003, and Service report that I requested, Con- It is not enough to simply help engi- for other purposes; to the Committee gress has provided $5.8 billion less than neer plants or provide a loan guar- on Finance. the President has requested for foreign antee—there must be an economic mo- Mr. MCCONNELL. Mr. President, affairs in regular and supplemental tivation for investors to put up the $1 today, along with my colleagues, Sen- spending bills since September 11, 2001. to $2 billion it costs to build a large- ators FEINSTEIN and MCCAIN, I rise to Today, when we are in the midst of a scale coal-to-liquids plant. To that end, introduce an extension of the Burmese global struggle of information and this bill will create a separate invest- Freedom and Democracy Act. ideas: when anti-Western riots can be ment tax credit for coal-to-liquids We are joined by a host of original set off by the publication of a cartoon; technology. It will also extend the fuel cosponsors: Senators FRIST, REID, AL- when we are in the midst of a crisis tax credit for coal-to-liquids fuels until EXANDER, ALLARD, ALLEN, BENNETT, with Iran that will decide whether the 2020. The combination of these incen- BIDEN, BINGAMAN, BOXER, BROWNBACK, nonproliferation regime of the last half tives will be the one-two punch needed BUNNING, BURNS, BURR, CHAFEE, century will be abandoned; when we to jumpstart investment in this mar- CHAMBLISS, CLINTON, COCHRAN, COL- have entered our fourth year of at- ketplace. This package of incentives is LINS, DEWINE, DOLE, DOMENICI, DURBIN, tempting to stabilize Iraq; and when essential to developing a domestic ENSIGN, FEINGOLD, HAGEL, HARKIN, years of effort to move the Arab-Israeli coal-to-liquid fuels market. KENNEDY, KERRY, KOHL, KYL, LEAHY, peace process are at risk—even then, With this domestically produced fuel LIEBERMAN, LUGAR, MARTINEZ, MENEN- we are unable to muster the necessary from coal, we can bring down gas prices DEZ, MIKULSKI, MURKOWSKI, OBAMA, support for the President’s budget in and be closer to energy independence. SALAZAR, SANTORUM, SARBANES, SMITH, foreign affairs. And these two goals, which are essen- STABENOW, SUNUNU, VOINOVICH, and As all this suggests, we have a long tial to our national security, bring me WYDEN. way to go in creating the kind of ro- to the last part of this legislation. The This broad bipartisan coalition re- bust civilian capacity that we need. Department of Defense consumes large flects the overwhelming consensus Both the State Department and the De- amounts of fuel—for our airplanes, within this body that the issue of free- fense Department are keenly aware of ships and tanks—and nearly all of it is dom in Burma—and the immediate the importance of this legislation. If based on petroleum and too much of it threat that that country poses to the we cannot think this through and plan comes from the Middle East. It is time entire region—is one of major impor- better as a government, the United we ensure that our military has a safe, tance. To put it simply, America has a States may come to depend even more domestic source of transportation fuel. moral obligation to continue to stand on our military for tasks and functions My legislation will authorize funding with the Burmese people against the far beyond its current role. But I re- for the continued testing and evalua- country’s dictatorial regime, the State main optimistic that we can build on tion of coal-to-liquid fuels by the mili- Peace and Development Council the progress already made to create a tary. It includes authorization to en- (SPDC).

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.101 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5391 As many of you know, last year the talk and more action at the U.N. in The human rights situation in Burma extension of sanctions was signed into support of democracy, freedom and jus- is deplorable and demands a clear, uni- law by President Bush on July 27, 2005, tice in Burma. fied response from the international and it enjoyed strong bipartisan sup- Let me offer a comment or two about community: 1,300 political prisoners port. It passed the Senate by a vote of Mr. Gambari’s recent visit to Burma. I are still in jail; according to a report 97–1. do not share his optimistic view that by the Asian human rights group, As- The past year has brought more news the SPDC is ready to ‘‘turn the page.’’ sistance Association for Political Pris- from Burma that has ranged from the In my view, the junta is only inter- oners, 127 democracy activists have disconcerting to the horrific. First, the ested in deflecting and deflating grow- been tortured to death since 1988; 70,000 SPDC inexplicably decided to move the ing pressure by the international com- child soldiers have been forcibly re- nation’s capital from Rangoon to the munity to change its repressive ways— cruited; the practice of rape as a form hinterlands. Thus, instead of using and in avoiding the U.N. Security of repression has been sanctioned by state resources for the betterment of Council’s consideration of a resolution the Burmese military; use of forced the Burmese people, who desperately that addresses the threat the SPDC labor is widespread; human trafficking need it, the SPDC will use state funds poses to its own people and the entire is rampant; and the government en- to build a brand new, unneeded capital region. This may explain why rumors gages in the production and distribu- located deep within the interior. of Suu Kyi’s release abound. tion of opium and methamphetamine. Second, Nobel Peace Prize winner However, even if Suu Kyi were to be Senator MCCONNELL and I coauthored Daw Aung San Suu Kyi and scores of released there is no reason—absolutely the ‘‘Burmese Freedom and Democracy other prisoners of conscience remain none—for anyone to decrease pressure Act of 2003’’ which imposed a complete imprisoned by the SPDC. There are ru- on the junta. The SPDC is to be judged ban on all imports from Burma. It was overwhelmingly renewed in mors that she may be released soon, not by what it says—we’ve certainly 2004 and 2005, and now Congress has the and I hope they prove true. heard much of the same before—but by opportunity to reauthorize the sanc- Third, last fall the SPDC began a what it does. We have yet to see any tions for one more year. brutal military campaign against eth- evidence of the formation of a credible But the United States cannot act nic minorities, creating thousands of reconciliation process that includes the alone. The United Nations and the new internally displaced persons full and unfettered participation of the international community have a vital (IDPs); these thousands to be added to National League for Democracy and role to play. the approximately half million already ethnic nationalities—who, by the way, Along with Senator MCCONNELL and without a home in Burma. Burma has are being slaughtered and raped by an others, we have repeatedly made the the biggest IDP problem in Asia, Mr. ongoing military offensive waged by case that given the numerous human President. the junta. rights abuses, the spread of HIV/AIDS, This bill ensures that the United I am pleased to be joined by Senators the illicit production and trafficking of States will not be a party to such bru- FEINSTEIN, FRIST, BROWNBACK, LAUTEN- narcotics, and the trafficking of human tality and oppression. As in the past, BERG, DURBIN, FEINGOLD, MIKULSKI and beings by the military junta, the situa- the legislation prohibits imports into LUGAR in sending a letter to President tion in Burma should be referred to the the United States from Burma. The bill Bush today asking that the United United Nations Security Council for also maintains a freeze on the assets States work to secure a resolution at debate and appropriate action. held by Burmese Government officials the Security Council as soon as pos- A recent report by former Czech in U.S. financial institutions. In addi- sible. president Vaclav Havel and retired tion, the bill authorizes the President Until the SPDC’s demonstrates by its archbishop Desmond Tutu of South Af- to assist democracy activists dedicated actions that it is serious about rec- rica—‘‘Threat to Peace: A Call for the to nonviolent opposition to the regime onciliation and reform in Burma, the UN Security Council to Act on in Burma. international community has no choice Burma’’—confirms the need for U.N. America is not alone in the effort to but to use more sticks—and less car- intervention. It details how the situa- promote freedom and democracy in rots—to increase pressure on the junta. tion in Burma fulfills each of the cri- that nation. In addition to our allies in Mrs. FEINSTEIN. Mr. President, I teria used for past intervention by the Europe, the ASEAN Inter-Parliamen- rise today once again with my friend Security Council: overthrow of an tary Myanmar Caucus, a grouping of and colleague Senator MCCONNELL to elected government; armed conflicts members of parliament from six coun- introduce legislation to renew the ban with ethnic minorities; widespread tries in ASEAN, just this week issued a on all imports from Burma for another human right violations; outflow of ref- strong statement on Burma. The group year. ugees, over 700,000; and drug production called on the U.N. Security Council to Our legislation also amends the origi- and trafficking and the spread of HIV/ ‘‘adopt[] a resolution on Burma that nal Burmese Freedom and Democracy AIDS. would empower them to intervene in Act of 2003 to allow the sanctions to be It is time for the United Nations to Burma’s crises. It is time for real ac- renewed, one year at a time, for up to act on this report and debate and pass tion. It is time for a new, democratic 6 years. a binding, nonpunitive, resolution on and peaceful Burma.’’ It is critical that the Congress and Burma that recognizes the threat the Clearly, it is time for the Security the administration send a strong signal regime poses to the region and calls for Council to discuss and debate a legally- to the military junta, the State Peace Suu Kyi and all prisoners of conscience binding, nonpunitive resolution on and Development Council, that our re- to be released. Some may argue that because Suu Burma that calls for the immediate solve has not weakened and we are still Kyi remains under house arrest and the and unconditional release of Suu Kyi committed to a free and democratic Burmese people lack basic human and all other political prisoners in that Burma. Unless the SPDC makes ‘‘sub- rights and a representative govern- country; an end to abuses against mi- stantial and measurable progress’’ to- ment, the sanctions have failed and it norities (including the use of rape as a wards a true national dialogue on na- is time to lift the import ban. weapon of war); and the beginning of a tional reconciliation and recognition of I could not disagree more. meaningful national reconciliation the results of the 1990 elections—deci- First, Aung San Suu Kyi and the process that includes the unfettered sively won by the National League for democratic opposition continue to sup- participation of the National League Democracy—the import ban must report a ban on all imports from Burma. for Democracy (NLD) and ethnic mi- main in place. If we lift this ban now, without any norities with the SPDC. Let us review the facts. measure of progress towards democ- Let me be clear that a briefing on Aung San Suu Kyi, Nobel Peace Prize racy and human rights, we will turn Burma before the U.N. Security Coun- recipient and leader of the National our backs on them and give comfort to cil by U.N. Under-Secretary-General League for Democracy, remains under their oppressors. for Political Affairs Ibrahim Gambari house arrest. She has spent the better Second, the international community should not serve as a substitute for a part of the past 16 years imprisoned or is coming together to put pressure on resolution on this matter. We need less under house arrest. Burma.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.087 S26MYPT1 ycherry on PROD1PC64 with SENATE S5392 CONGRESSIONAL RECORD — SENATE May 26, 2006 In July 2005, ASEAN forced Burma to Whereas the team won championship tion certification, and the standards of re- forgo its scheduled rotation as chair- awards in the Policy Team Debate, Lincoln- view relating to the Employee Retirement man of the organization. Douglas Debate, and Overall Sweepstakes at Income Security Act; On December 16, 2005, the U.N. Secu- the Phi Rho Pi national tournament for Whereas the University of Chicago Law Re- community colleges in 2006; view has consistently recognized Edward rity Council debated the situation in Whereas the team won a third consecutive Roy Becker as among the 3 circuit judges Burma for the first time. national championship for community col- who are most often cited by the Supreme Next week, United Nations Undersec- leges at the Cross Examination Debate Asso- Court; retary for Political Affairs will brief ciation National Tournament in 2006; and Whereas Edward Roy Becker handed down members of the Security Council on his Whereas the State of Kansas is privileged approximately 2,000 judicial opinions; meeting with Suu Kyi, her first meet- to benefit from the dedication to education Whereas Edward Roy Becker devoted ing with a foreigner since 2004. and intercollegiate debate of Kansas City countless hours and a tremendous amount of Kansas Community College team head coach Why would we turn back now when effort for almost 3 years as an assistant to Darren Elliot, assistant coaches Skippy the Senate in drafting asbestos reform legis- the military junta is increasingly iso- Flynn and Adrian Self, and team members lation, writing most of S. 852 (109th Con- lated and the plight of the Burmese Ashley-Michelle Bruce, Ryan Coyne, Clay gress) (commonly referred to as the ‘‘Fair- people is on the agenda of the inter- Crockett, Peter Lawson, Candace Moore, ness in Asbestos Injury Resolution Act of national community? Amanda Montee, Deandre Tolbert, and Gar- 2005’’), and holding over 50 meetings in Wash- Indeed, while we are far from our rett Tuck: Now, therefore, be it ington, D.C., with stakeholders and Sen- goal of a free and democratic Burma, Resolved, That the Senate— ators; (1) commends the extraordinary contribu- Whereas President George W. Bush in- we are making progress and we should tions of the Kansas City Kansas Community stay the course. scribed a tribute to Edward Roy Becker on College debate team to the city of Kansas the face of S. 852 (109th Congress) by desig- I remind my colleagues that under City, Kansas, and the State of Kansas; nating it as the ‘‘Becker Bill’’; and the provisions of this legislation, we (2) congratulates the team for their na- Whereas Edward Roy Becker undertook will have the opportunity to debate tional championship victories; and that arduous extra assignment in addition to sanctions on Burma every year. That is (3) offers its best wishes to the team for fu- his judicial duties, all while undergoing how it should be. ture success. treatment for prostate cancer: Now, there- Sanctions are not a panacea for every f fore, be it Resolved, That the Senate— foreign policy dispute. But, when they SENATE RESOLUTION 497—REL- (a) honors the life and accomplishments of are backed by a robust international ATIVE TO THE DEATH OF ED- Edward Roy Becker; and response, they can be effective and WARD ROY BECKER, CHIEF (b) extends its condolences to the family they can compel change. JUDGE OF THE COURT OF AP- and friends of Edward Roy Becker. Archbishop Desmond Tutu has right- PEALS FOR THE 3RD CIRCUIT f ly said, ‘‘As long as [Suu Kyi] remains Mr. SPECTER (for himself, Mr. SENATE RESOLUTION 498—DESIG- under house arrest, not one of us is LEAHY, and Mr. HATCH) submitted the NATING THE WEEK BEGINNING truly free’’. following resolution; which was consid- MAY 21, 2006, AS ‘‘NATIONAL Today I urge the SPDC to release ered and agreed to: HURRICANE PREPAREDNESS Aung San Suu Kyi, recognize the 1990 S. RES. 497 WEEK’’ elections, and engage in a true dialogue with the National League for Democ- Whereas Edward Roy Becker was born on Mr. VITTER (for himself, Ms. May 4, 1933, in Philadelphia, Pennsylvania; LANDRIEU, Mr. SHELBY, and Mr. LOTT) racy. Whereas Edward Roy Becker enjoyed an I urge the United Nations Security submitted the following resolution; extraordinary career as a leading jurist in which was referred to the Committee Council to debate and pass a binding, the United States; non-punitive resolution on Burma that Whereas Edward Roy Becker graduated Phi on the Judiciary: recognizes the threat the regime poses Beta Kappa from the University of Pennsyl- S. RES. 498 to the region and calls for Suu Kyi and vania in 1954 and received his law degree Whereas the President has proclaimed that all prisoners of conscience to be re- from Yale Law School in 1957 with academic the week beginning May 21, 2006, shall be leased. distinction; known as ‘‘National Hurricane Preparedness Whereas, following his graduation from Week’’, and has called on government agen- And, finally, I urge United States law school, Edward Roy Becker managed a cies, private organizations, schools, media, Senate to renew the sanctions on distinguished law practice at the partnership and residents in the coastal areas of the Burma for another year. of Becker, Becker, and Fryman with his fa- United States to share information about f ther and brother-in-law; hurricane preparedness and response to help Whereas Edward Roy Becker was active in save lives and protect communities; SUBMITTED RESOLUTIONS politics, and followed his father as a Repub- Whereas the official Atlantic hurricane lican committeeman; season occurs from a period beginning June Whereas, at the age of 37, Edward Roy 1, 2006, and ending November 30, 2006; SENATE RESOLUTION 496—COM- Becker was appointed to the United States Whereas hurricanes are among the most MENDING THE KANSAS CITY District Court for the Eastern District of powerful forces of nature, causing destruc- KANSAS COMMUNITY COLLEGE Pennsylvania in 1970, was then elevated to tive winds, tornadoes, floods, and storm DEBATE TEAM FOR THEIR NA- the Court of Appeals for the 3rd Circuit in surges that can result in numerous fatalities TIONAL CHAMPIONSHIP VIC- 1982, was Chief Judge of the Court of Appeals and cost billions of dollars in damage; for the 3rd Circuit from February 1998 until Whereas, in 2005, a record-setting Atlantic TORIES May 2003, and served as a Senior Judge until hurricane season caused 28 storms, including Mr. BROWNBACK (for himself and his passing on May 19, 2006; 15 hurricanes, of which 7 were major hurri- Mr. ROBERTS) submitted the following Whereas, while serving as Chief Judge of canes, including Hurricanes Katrina, Rita, resolution; which was considered and the Court of Appeals for the 3rd Circuit, Ed- and Wilma; agreed to: ward Roy Becker authored many innovative Whereas the National Oceanic and Atmos- and important opinions; pheric Administration has predicted that be- S. RES. 496 Whereas, in 2002, Edward Roy Becker re- tween 13 to 16 storms will occur during the Whereas, in 2006, the Kansas City Kansas ceived the coveted Edward J. Devitt Distin- 2006 Atlantic hurricane season, with between Community College debate team won, for a guished Service to Justice Award after being 8 to 10 storms becoming hurricanes, of which third consecutive year, the 3 national cham- selected as the most distinguished Article III between 4 to 6 storms could become major pionships in collegiate debate among com- Judge in the United States ‘‘whose career hurricanes of Category 3 strength or higher; munity colleges; has been exemplary, measured by [his] sig- Whereas the National Oceanic and Atmos- Whereas the team won a third consecutive nificant contributions to the administration pheric Administration reports that over 50 national championship at the Phi Rho Pi na- of justice, the advancement of the rule of percent of the population of the United tional tournament for community colleges law, and the improvement of society as a States lives in coastal counties that are vul- in 2006; whole’’; nerable to the dangers of hurricanes; Whereas, at the 2006 Phi Rho Pi national Whereas, among his landmark decisions, Whereas, because the impact from hurri- tournament for community colleges, the the Supreme Court adopted 3 opinions ren- canes extends well beyond coastal areas, it is team achieved more debate victories per dered by Edward Roy Becker relating to cut- vital for individuals in hurricane prone areas tournament than any other team in the es- ting-edge issues, including the reliability of to prepare in advance of the hurricane sea- teemed history of the tournament; scientific evidence, the rationale of class ac- son;

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.074 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5393 Whereas cooperation between individuals but we will move very quickly to our is one of seven States with similar and Federal, State, and local officials can Memorial Day recess. I will have a few amendments pending to their constitu- help increase preparedness, save lives, reduce statements to make, a few words to say tions. If a marriage protection law the impacts of each hurricane, and provide a on what will be going on, on Monday. passes in Tennessee, we will join those more effective response to those storms; Whereas the National Hurricane Center We have had a very successful week 45 other States that have approved leg- within the National Oceanic and Atmos- in the sense that we have completed islation that defines marriage as a pheric Administration of the Department of another nomination thus far. We will union between a man and a woman Commerce recommends that each at-risk have a few more in a little bit that we and, indeed, no State has ever rejected family of the United States develop a family have agreed to on both sides. We have an effort to protect traditional mar- disaster plan, create a disaster supply kit, completed an immigration bill that we riage when it has been on the ballot. and stay aware of current weather situa- worked on for about a month—ini- So with this progress at the State tions; and tially, for 2 weeks, then a pause, and level that expresses the overwhelming Whereas the designation of the week beginning May 21, 2006, as ‘‘National Hurricane then for the last 2 weeks—a bill that, support of the American people, what Preparedness Week’’ will help raise the as I said yesterday, does reflect the is the problem? Why does it need to awareness of the individuals of the United will of this body. Not everybody agrees come to the floor of this body? States to assist them in preparing for the up- with it. Not anybody, I think, agrees Voting for marriage on the State bal- coming hurricane season: Now, therefore, be with everything in that legislation. lot is not enough to protect the insti- it But it is comprehensive legislation tution. I need to explain. Because same Resolved, That the Senate— that demonstrates that we are gov- sex marriage advocates cannot win at (1) supports the goals of the President in erning, addressing the very real prob- the ballot box, activists are continuing proclaiming the week beginning May 21, 2006, as ‘‘National Hurricane Preparedness Week’’; lems, real challenges that face us in their campaign to convince State and (2) encourages the people of the United America today. Federal courts to rewrite traditional States— f marriage laws. Currently, nine States have lawsuits pending challenging (A) to be prepared for the upcoming hurri- MARRIAGE PROTECTION cane season; and marriage laws. In five States, courts AMENDMENT (B) to promote awareness of the dangers of could redefine marriage by the end of hurricanes to help save lives and protect Mr. FRIST. When we come back we the year—California, Maryland, New communities; and will deal with a range of issues. I will Jersey, New York, and Washington. (3) recognizes— have a little more to say about that in In California, Maryland, New York, (A) the threats posed by hurricanes; and a bit, but the first issue we will come (B) the need for the individuals of the and Washington, State trial courts United States to learn more about prepared- back to has to do with another institu- have already followed Massachusetts ness so that they may minimize the impacts tion, the institution of marriage. and found the definition of marriage in of, and provide a more effective response to, Throughout human history and cul- their State constitutions unconstitu- hurricanes. ture, the union of a man and a woman tional. All these cases are on appeal. f has been recognized as the essential Already we have seen a Federal judge cornerstone of society. For millennia, NOTICE OF HEARING in Nebraska overturn a democratically marriage has served as a public act, a enacted Nebraska State constitutional COMMITTEE ON ENERGY AND NATURAL civil institution to bind men and amendment protecting marriage. That RESOURCES women in the task of producing and ruling is now under appeal in the Mr. DOMENICI. Mr. President, I nurturing their offspring. In some eras Eighth Circuit. Another Federal case would like to announce for the infor- it has existed apart from romance, in Washington challenges the constitu- mation of the Senate and the public love, and mutual regard. In ours, we tionality of the Federal Defense of that a hearing has been scheduled be- have embraced the ideal of marriage Marriage Act. The case is stayed, pend- fore the Committee on Energy and Nat- that deepens and enriches the bonds of ing resolution of litigation in the ural Resources. love, that grows with every shared Washington State Supreme Court. The hearing will be held on Monday, memory, endeavor, and challenge: hus- Because of these attempts to over- June 12, 2006, at 2:30 p.m. in room SD– band and wife, father and mother, turn State laws and constitutional 366 of the Dirksen Building. building a family and a community amendments, this Senate needs to act. The purpose of the hearing is to re- over a lifetime. The American people deserve a full de- ceive testimony regarding the imple- At its root, marriage is and always bate on this foundational issue before mentation of Sections 641 through 645 has been a public institution that for- marriage is redefined for everyone. of the Energy Policy Act of 2005, the malizes that family bond—its intent to That is why, when we return from the Next Generation Nuclear Plant Project further the community’s interest in Memorial Day recess, I will bring the within the Department of Energy. successfully rearing the next genera- marriage protection amendment to the Because of the limited time available tion of healthy and prosperous citizens. Senate floor to ensure the definition of for the hearing, witnesses may testify But now, this fundamental institution marriage endures and remains true to by invitation only. However, those is under attack. There is a concerted the wishes of the majority of the Amer- wishing to submit written testimony effort underway to redefine marriage ican people. for the, hearing record should send two against millennia of human experience The amendment is straightforward. copies of their testimony to the Com- and against the expressed wishes of the The amendment is simple. It reads: mittee on Energy and Natural Re- American people. Activist courts are Marriage in the United States shall consist sources, United States Senate, Wash- usurping the power to define this social only of the union of a man and a woman. ington, DC 20510–6150. institution. And if marriage is rede- Neither this Constitution, nor the Constitu- For further information, please con- fined for anyone, it is redefined for ev- tion of any State, shall be construed to re- tact Clint Williamson at (202) 224–7556 eryone. quire that marriage or the legal incidents or Steve Waskiewicz at (202) 228–6195. The threat is real. Just last year vot- thereof be conferred upon any union other than the union of a man and a woman. f ers in 13 States passed by enormous margins State constitutional amend- That is it. It is simple, straight- A PRODUCTIVE WEEK ments protecting marriage; 19 States forward—it is two sentences. The truth Mr. FRIST. Mr. President, over the have State constitutional amendments is, on the question of marriage, the next 20 minutes or so, we will be wrap- also to protect marriage, and 5 more Constitution will be amended. The only ping up what has been a very busy but States have amendments pending. In question is whether it will be amended very productive week, moving to a pe- total, 45 States have either State con- by Congress as the representative of riod which will begin with the celebra- stitutional amendments or laws to pro- the people or by judicial fiat. Will action of this weekend, in the sense that tect marriage. tivist judges amend the Constitution or a lot of people will be with families Tennessee will give voters the oppor- will the people amend the Constitution back at home, back with their con- tunity to voice their opinions on the to preserve marriage as it has always stituents, back in their communities, sanctity of marriage this November. It been understood?

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.076 S26MYPT1 ycherry on PROD1PC64 with SENATE S5394 CONGRESSIONAL RECORD — SENATE May 26, 2006 I say the people should have a voice. 2006, on a motion offered pursuant to this their second reading on the next legis- The American people have a right to concurrent resolution by its Majority Leader lative day. or his designee, it stand recessed or ad- settle the question of what marriage f will be in the United States. Marriage journed until noon on Monday, June 5, 2006, or such other time on that day as may be JACK C. MONTGOMERY DEPART- is an issue that rightly belongs in the specified by its Majority Leader or his des- hands of the people, of the American ignee in the motion to recess or adjourn, or MENT OF VETERANS AFFAIRS people. So before the courts impose a until the time of any reassembly pursuant to MEDICAL CENTER vast, untested social experiment for section 2 of this concurrent resolution, Mr. FRIST. Mr. President, I ask which children will bear the ultimate whichever occurs first. unanimous consent the Committee on consequence, let the people hold a thor- SEC. 2. The Speaker of the House and the Veterans’ Affairs be discharged from Majority Leader of the Senate, or their re- ough debate. The matter before us is further consideration of H.R. 3829, and critical. The debate before us is essen- spective designees, acting jointly after consultation with the Minority Leader of the the Senate proceed to its immediate tial. Let it be held now for this and fu- House and the Minority Leader of the Sen- consideration. ture generations of Americans, and let ate, shall notify the Members of the House The PRESIDING OFFICER. Without it ultimately lead the way forward. and the Senate, respectively, to reassemble objection, it is so ordered. The clerk MOTION TO PROCEED at such place and time as they may des- will report the bill by title. Mr. President, I now move to proceed ignate if, in their opinion, the public interest The legislative clerk read as follows: shall warrant it. to Calendar No. 435, S.J. Res. 1, the A bill (H.R. 3829) to designate the Depart- marriage protection amendment. f ment of Veterans Affairs Medical Center in I ask unanimous consent the Senate MEASURE PLACED ON THE Muskogee, Oklahoma, as the Jack C. Mont- resume consideration of this motion to CALENDAR—S. 3064 gomery Department of Veterans Affairs Med- ical Center. proceed immediately following any Mr. FRIST. Mr. President, I under- There being no objection, the Senate morning business period on Monday, stand there is a bill at the desk that is proceeded to consider the bill. June 5. due for its second reading. Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without The PRESIDING OFFICER. The the bill be read the third time and objection, it is so ordered. clerk will read the bill for the second passed, the motion to reconsider be f time by title. laid upon the table, and any state- The legislative clerk read as follows: UNANIMOUS CONSENT AGREE- ments related to the bill be printed in A bill (S. 3064) to express the policy of the MENT—EXECUTIVE CALENDAR the RECORD. United States regarding the United States’ Mr. FRIST. Mr. President, under the relationship with Native Hawaiians, and for The PRESIDING OFFICER. Without previous order, as in executive session, other purposes. objection, it is so ordered. The bill (H.R. 3829) was ordered to a I ask unanimous consent that at 10:05 Mr. FRIST. Mr. President, in order to third reading, read the third time, and a.m. on Tuesday, June 6, the Senate place the bill on the calendar under the passed. proceed to executive session, with 10 provisions of rule XIV, I object to fur- minutes of debate equally divided be- ther proceedings. f tween the chairman and ranking mem- The PRESIDING OFFICER. The bill ber, followed by a vote on the con- OPERATION READINESS IN will be placed on the calendar. CIVILIAN AGENCIES firmation of the following judicial f nomination on the Executive Calendar: Mr. FRIST. I ask unanimous consent Calendar No. 626, Renee Marie Bumb to MEASURES READ THE FIRST TIME the Senate proceed to the immediate be United States District Judge for the EN BLOC—S. 3274, H.R. 5253, H.R. consideration of S. 3322, introduced District of New Jersey; provided fur- 5311, H.R. 5403, H.R. 5429 earlier today. ther that following the vote, the Presi- Mr. FRIST. Mr. President, I under- The PRESIDING OFFICER. The dent be immediately notified of the stand there are five bills at the desk, clerk will report the bill by title. Senate’s action and the Senate then re- and I ask for their first readings en The legislative clerk read as follows: sume legislative session. bloc. A bill (S. 3322) to build operational readi- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ness in civilian agencies, and for other pur- objection, it is so ordered. clerk will report the bills by title en poses. f bloc. There being no objection, the Senate The legislation clerk read as follows: proceeded to consider the bill. PROVIDING FOR AN ADJOURN- A bill (S. 3274) to create a fair and efficient Mr. FRIST. I ask unanimous consent MENT OR RECESS OF THE HOUSE system to resolve claims of victims of bodily the bill be read the third time and AND SENATE injury caused by asbestos exposure, and for passed, the motion to reconsider be Mr. FRIST. Mr. President, I ask other purposes. laid upon the table, and any state- unanimous consent that the Senate A bill (H.R. 5253) to prohibit price gouging ments related to the bill be printed in in the sale of gasoline, diesel fuel, crude oil, the RECORD. now proceed to the consideration of H. home heating oil, and for other purposes. Con. Res. 418, the adjournment resolu- A bill (H.R. 5311) to establish the Upper The PRESIDING OFFICER. Without tion; provided that the concurrent res- Housatonie Valley National Heritage Area. objection, it is so ordered. olution be agreed to and the motion to A bill (H.R. 5403) to improve protections The bill (S. 3322) was ordered to be reconsider be laid upon the table. for children and to hold States accountable engrossed for a third reading, read the The PRESIDING OFFICER. Without for the safe and timely placement of children third time, and passed, as follows: objection, it is so ordered. across State lines, and for other purposes. S. 3322 The concurrent resolution (H. Con. A bill (H.R. 5429) to direct the Secretary of the Interior to establish and implement a Be it enacted by the Senate and House of Rep- Res. 418) was agreed to, as follows: competitive oil and gasoline leasing program resentatives of the United States of America in H. CON. RES. 418 that will result in an environmentally sound Congress assembled, Resolved by the House of Representatives (the program for the exploration, development, SECTION 1. SHORT TITLE. Senate concurring), That when the House ad- and production of the oil and gas resources This Act may be cited as the ‘‘Reconstruc- journs on the legislative day of Thursday, of the Coastal Plain of Alaska, and for other tion and Stabilization Civilian Management May 25, 2006, on a motion offered pursuant to purposes: Act of 2006’’. this concurrent resolution by its Majority Mr. FRIST. Mr. President, I now ask SEC. 2. FINDING; PURPOSE. Leader or his designee, it stand adjourned for their second reading, and in order (a) FINDING.—Congress finds that the re- until 2 p.m. on Tuesday, June 6, 2006, or until to place the bills on the calendar under sources of the United States Armed Forces the time of any reassembly pursuant to sec- have been burdened by having to undertake tion 2 of this concurrent resolution, which- the provisions of rule XIV, I object to stabilization and reconstruction tasks in the ever occurs first; and that when the Senate my own requests en bloc. Balkans, Afghanistan, Iraq, and other coun- recesses or adjourns on any day from Thurs- The PRESIDING OFFICER. Objec- tries of the world that could have been per- day, May 25, 2006, through Sunday, May 28, tion is heard. The bills will receive formed by civilians, which has resulted in

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4637 Sfmt 0634 E:\CR\FM\G26MY6.056 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5395 lengthy deployments for Armed Forces per- bilization and reconstruction skills of mili- worldwide to anticipate the need for mobi- sonnel. tary and civilian personnel. lizing United States and international assist- (b) PURPOSE.—The purpose of this Act is to SEC. 5. AUTHORITY TO PROVIDE ASSISTANCE ance for the stabilization and reconstruction provide for the continued development, as a FOR RECONSTRUCTION AND STA- of countries or regions that are at risk of, in, core mission of the Department of State and BILIZATION CRISES. or are in transition from, conflict or civil the United States Agency for International Chapter 1 of part III of the Foreign Assist- strife. Development, of an effective expert civilian ance Act of 1961 (22 U.S.C. 2351 et seq.) is ‘‘(B) Assessing the various types of sta- response capability to carry out reconstruc- amended by inserting after section 617 the bilization and reconstruction crises that tion and stabilization activities in a country following new section: could occur and cataloging and monitoring or region that is at risk of, in, or is in transi- ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION the non-military resources and capabilities tion from, conflict or civil strife. AND STABILIZATION CRISIS. of Executive agencies that are available to SEC. 3. DEFINITIONS. ‘‘(a) AUTHORITY.—If the President deter- address such crises. In this Act: mines that it is important to the national ‘‘(C) Planning to address requirements, (1) ADMINISTRATOR.—The term ‘‘Adminis- interests of the United States for United such as demobilization, policing, human trator’’ means the Administrator of the States civilian agencies or non-Federal em- rights monitoring, and public information, United States Agency for International De- ployees to assist in stabilizing and recon- that commonly arise in stabilization and re- velopment. structing a country or region that is at risk construction crises. (2) APPROPRIATE CONGRESSIONAL COMMIT- of, in, or is in transition from, conflict or ‘‘(D) Coordinating with relevant Executive TEES.—The term ‘‘appropriate congressional civil strife, the President may, in accordance agencies (as that term is defined in section committees’’ means the Committee on For- with the provisions set forth in section 105 of title 5, United States Code) to develop eign Relations of the Senate and the Com- 614(a)(3), notwithstanding any other provi- interagency contingency plans to mobilize mittee on International Relations of the sion of law, and on such terms and condi- and deploy civilian personnel to address the House of Representatives. tions as the President may determine, fur- various types of such crises. (3) DEPARTMENT.—Except as otherwise pro- nish assistance to respond to the crisis. ‘‘(E) Entering into appropriate arrange- vided in this Act, the term ‘‘Department’’ ‘‘(b) SPECIAL AUTHORITIES.—In furtherance ments with other Executive agencies to means the Department of State. of a determination made under subsection carry out activities under this section and (4) EXECUTIVE AGENCY.—The term ‘‘execu- (a), the President may exercise the authori- the Reconstruction and Stabilization Civil- tive agency’’ has the meaning given that ties contained in sections 552(c)(2) and 610 of ian Management Act of 2006. term in section 105 of title 5, United States this Act without regard to the percentage ‘‘(F) Identifying personnel in State and Code. and aggregate dollar limitations contained local governments and in the private sector (5) SECRETARY.—The term ‘‘Secretary’’ in such sections. who are available to participate in the Re- means the Secretary of State. ‘‘(c) AUTHORIZATION OF FUNDING.— sponse Readiness Corps or the Response SEC. 4. SENSE OF CONGRESS. ‘‘(1) INITIAL AUTHORIZATION.—There is au- Readiness Reserve established under sub- It is the sense of Congress that— thorized to be appropriated, without fiscal section (b) or to otherwise participate in or (1) the civilian element of United States year limitation, $75,000,000 in funds that may contribute to stabilization and reconstruc- joint civilian-military operations should be be used to provide assistance authorized in tion activities. strengthened in order to enhance the execu- subsection (a) and, to the extent authorized ‘‘(G) Taking steps to ensure that training tion of current and future reconstruction under paragraph (2), for the purpose de- of civilian personnel to perform such sta- and stabilization activities in foreign coun- scribed in such paragraph. bilization and reconstruction activities is tries or regions that are at risk of, in, or are ‘‘(2) AVAILABILITY OF FUNDS FOR RESPONSE adequate and, as appropriate, includes secu- in transition from, conflict or civil strife; READINESS CORPS.—Of the amount made rity training that involves exercises and sim- (2) the capability of civilian agencies of the available pursuant to paragraph (1) for fiscal ulations with the Armed Forces, including United States Government to carry out re- year 2007, $25,000,000 may be made available the regional commands. construction and stabilization activities in for expenses related to the development, ‘‘(H) Sharing information and coordinating such countries or regions should also be en- training, and operations of the Response plans for stabilization and reconstruction ac- hanced through a new rapid response corps of Readiness Corps established under section tivities, as appropriate, with the United Na- civilian experts supported by the establish- 61(c) of the State Department Basic Authori- tions and its specialized agencies, the North ment of a new system of planning, organiza- ties Act of 1956. The availability of such Atlantic Treaty Organization, nongovern- tion, personnel policies, and education and funds shall not be subject to a determination mental organizations, and other foreign na- training, and the provision of adequate re- by the President under subsection (a). tional and international organizations. sources; ‘‘(3) REPLENISHMENT.—There is authorized ‘‘(I) Coordinating plans and procedures for (3) the international community, including to be appropriated each fiscal year such joint civilian-military operations with re- nongovernmental organizations, and the sums as may be necessary to replenish funds spect to stabilization and reconstruction ac- United Nations and its specialized agencies, expended as provided under paragraph (1). tivities. should be further encouraged to participate Funds authorized to be appropriated under ‘‘(J) Maintaining the capacity to field on in planning and organizing reconstruction this paragraph shall be available without fis- short notice an evaluation team to under- and stabilization activities in such countries cal year limitation for the same purpose and take on-site needs assessment. or regions; under the same conditions as are provided ‘‘(b) RESPONSE TO STABILIZATION AND RE- (4) the executive branch has taken a num- under paragraph (1).’’. CONSTRUCTION CRISIS.—If the President ber of steps to strengthen civilian capability, SEC. 6. OFFICE OF THE COORDINATOR FOR RE- makes a determination regarding a stabiliza- including the establishment of an office CONSTRUCTION AND STABILIZA- tion and reconstruction crisis under section headed by a Coordinator for Reconstruction TION. 618 of the Foreign Assistance Act of 1961, the and Stabilization in the Department, the Title I of the State Department Basic Au- President may designate the Coordinator, or Presidential designation of the Secretary as thorities Act of 1956 (22 U.S.C. 2651 et seq.) is such other individual as the President may the interagency coordinator and leader of re- amended by adding at the end the following determine appropriate, as the Coordinator of construction and stabilization efforts, and new section: the United States response. The individual Department of Defense directives to the ‘‘SEC. 61. RECONSTRUCTION AND STABILIZATION. so designated, or, in the event the President military to support the Office of Reconstruc- ‘‘(a) OFFICE OF THE COORDINATOR FOR RE- does not make such a designation, the Coor- tion and Stabilization and to work closely CONSTRUCTION AND STABILIZATION.— dinator for Reconstruction and Stabiliza- with counterparts in the Department of ‘‘(1) ESTABLISHMENT.—There is established tion, shall— State and other civilian agencies to develop within the Department of State the Office of ‘‘(1) assess the immediate and long-term and enhance personnel, training, planning, the Coordinator for Reconstruction and Sta- need for resources and civilian personnel; and analysis; bilization. ‘‘(2) identify and mobilize non-military re- (5) the Secretary and the Administrator ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND sources to respond to the crisis; and should work with the Secretary of Defense to STABILIZATION.—The head of the Office shall ‘‘(3) coordinate the activities of the other augment existing personnel exchange probe the Coordinator for Reconstruction and individuals or management team, if any, des- grams among the Department, the United Stabilization, who shall be appointed by the ignated by the President to manage the States Agency for International Develop- President, by and with the advice and con- United States response.’’. ment, and the Department of Defense, in- sent of the Senate. The Coordinator shall re- SEC. 7. RESPONSE READINESS CORPS. cluding the regional commands and the port directly to the Secretary and shall have Joint Staff, to enhance the stabilization and the rank and status of Ambassador at Large. (a) IN GENERAL.—Section 61 of the State reconstruction skills of military and civilian ‘‘(3) FUNCTIONS.—The functions of the Of- Department Basic Authorities Act of 1956 (as personnel and their ability to undertake fice of the Coordinator for Reconstruction added by section 6) is amended by adding at joint operations; and and Stabilization include the following: the end the following new subsection: (6) the heads of other executive agencies ‘‘(A) Monitoring, in coordination with rel- ‘‘(c) RESPONSE READINESS CORPS.— should establish personnel exchange pro- evant bureaus within the Department of ‘‘(1) RESPONSE READINESS ACTIVE DUTY PER- grams that are designed to enhance the sta- State, political and economic instability SONNEL.—

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.053 S26MYPT1 ycherry on PROD1PC64 with SENATE S5396 CONGRESSIONAL RECORD — SENATE May 26, 2006

‘‘(A) ESTABLISHMENT AND PURPOSE.—The Act of 1961, for deployment in support of SEC. 9. SERVICE RELATED TO STABILIZATION Secretary, in consultation with the Adminis- such activities; and AND RECONSTRUCTION. trator of the United States Agency for Inter- ‘‘(ii) if not responding as described in (a) PROMOTION PURPOSES.—Service in sta- national Development, is authorized to es- clause (i), for assignment in the United bilization and reconstruction operations tablish a Response Readiness Corps (here- States, United States diplomatic missions, overseas, membership in the Response Readi- after referred to in this section as the and United States Agency for International ness Corps under section 61(c) of the State ‘Corps’) to provide assistance in support of Development missions. Department Basic Authorities Act of 1956 (as stabilization and reconstruction activities in ‘‘(B) RESPONSE READINESS RESERVE COMPO- added by section 7), and education and train- foreign countries or regions that are at risk NENT.—The Secretary may deploy members ing in the stabilization and reconstruction of, in, or are in transition from, conflict or of the reserve component under paragraph (2) curriculum established under section 701(g) civil strife. in support of stabilization and reconstruc- of the Foreign Service Act of 1980 (as added ‘‘(B) COMPOSITION.—The Secretary and Ad- tion activities in a foreign country or region by section 8) should be considered among the ministrator of the United States Agency for if the President makes a determination re- favorable factors for the promotion of em- International Development should coordi- garding a stabilization and reconstruction ployees of Executive agencies. nate in the recruitment, hiring, and training crisis under section 618 of the Foreign Assist- (b) PERSONNEL TRAINING AND PROMOTION.— of— ance Act of 1961.’’. The Secretary and the Administrator should ‘‘(i) up to 250 personnel to serve in the ac- (b) EMPLOYMENT AUTHORITY.—The full- take steps to ensure that, not later than 3 tive duty Corps; and time personnel authorized to be employed in years after the date of the enactment of this ‘‘(ii) such other personnel as the Secretary, the Response Readiness Corps under section Act, at least 10 percent of the employees of in consultation with the Administrator, may 61(c)(1)(B)(i) of the State Department Basic the Department and the United States Agen- designate as members of the Corps from Authorities Act of 1956 (as added by sub- cy for International Development in the among employees of the Department of State section (a)) are in addition to any other full- United States are members of the Response and the United States Agency for Inter- time personnel of the Department or the Readiness Corps or are trained in the activi- national Development. United States Agency for International De- ties of, or identified for potential deploy- ‘‘(C) TRAINING.—The Secretary is author- velopment authorized to be employed under ment in support of, the Response Readiness ized to train the members of the Corps to any other provision of law. Corps. The Secretary should provide such perform services necessary to carry out the training as needed to Ambassadors and Dep- purpose of the Corps under subparagraph (A). (c) REPORT.—Not later than 180 days after uty Chiefs of Mission. the date of the enactment of this Act, the ‘‘(D) COMPENSATION.—Members of the Corps (c) OTHER INCENTIVES AND BENEFITS.—The Secretary shall submit to the appropriate hired under subparagraph (B)(i) shall be com- Secretary and the Administrator may estab- congressional committees a report on the pensated in accordance with the appropriate lish and administer a system of awards and status of efforts to establish the Response salary class for the Foreign Service, as set other incentives and benefits to confer ap- Readiness Corps under this section. The re- forth in sections 402 and 403 of the Foreign propriate recognition on and reward any in- port should include recommendations for Service Act of 1980 (22 U.S.C. 3962 and 22 dividual who is assigned, detailed, or de- any legislation necessary to implement sub- U.S.C. 3963), or in accordance with the rel- ployed to carry out stabilization or recon- section (a). evant authority under sections 3101 and 3392 struction activities in accordance with this of title 5, United States Code. SEC. 8. STABILIZATION AND RECONSTRUCTION Act. ‘‘(2) RESPONSE READINESS RESERVE DUTY TRAINING AND EDUCATION. SEC. 10. AUTHORITIES RELATED TO PERSONNEL. PERSONNEL.— Section 701 of the Foreign Service Act of ‘‘(A) ESTABLISHMENT AND PURPOSE.—The (a) CONTRACTING AUTHORITY.— Secretary, in consultation with the heads of 1980 (22 U.S.C. 4021) is amended— (1) IN GENERAL.—The Secretary, or the Ad- other relevant Executive agencies, is author- (1) by redesignating subsection (g) as sub- ministrator with the concurrence of the Sec- ized to establish and maintain a roster of section (h); and retary, may enter into contracts to procure personnel who are trained and available as (2) by inserting after subsection (f) the fol- the services of nationals of the United States needed to perform services necessary to lowing new subsection: (as defined in section 101(a)(22) of the Immi- carry out the purpose of the Corps under ‘‘(g) STABILIZATION AND RECONSTRUCTION gration and Nationality Act (8 U.S.C. paragraph (1)(A). The personnel listed on the CURRICULUM.— 1101(a)(22)) or aliens authorized to be em- roster shall constitute a reserve component ‘‘(1) ESTABLISHMENT AND MISSION.—The ployed in the United States as personal serv- of the Response Readiness Corps. Secretary, in cooperation with the Secretary ices contractors for the purpose of carrying ‘‘(B) FEDERAL EMPLOYEES.—The Response of Defense and the Secretary of the Army, is out this Act, without regard to Civil Service Readiness reserve component may include authorized to establish a stabilization and or classification laws, for service in the Of- employees of the Department of State, in- reconstruction curriculum for use in pro- fice of the Coordinator for Reconstruction cluding Foreign Service Nationals, employ- grams of the Foreign Service Institute, the and Stabilization or for service in foreign ees of the United States Agency for Inter- National Defense University, and the United countries to assist in stabilizing and recon- national Development, employees of any States Army War College. structing a country or region that is at risk other Executive agency (as that term is de- ‘‘(2) CURRICULUM CONTENT.—The cur- of, in, or is in transition from, conflict or fined in section 105 of title 5, United States riculum should include the following: civil strife. Code), and employees from the legislative ‘‘(A) An overview of the global security en- (2) NOT EMPLOYEES.—Individuals per- and judicial branches who— vironment, including an assessment of forming services under contracts described ‘‘(i) have the training and skills necessary transnational threats and an analysis of in paragraph (1) shall not by virtue of per- to enable them to contribute to stabilization United States policy options to address such forming such services be considered to be and reconstruction activities; and threats. employees of the United States Government ‘‘(ii) have volunteered for deployment to ‘‘(B) A review of lessons learned from pre- for purposes of any law administered by the carry out stabilization and reconstruction vious United States and international expe- Office of Personnel Management (except that activities. riences in stabilization and reconstruction the Secretary or Administrator may deter- ‘‘(C) NON-FEDERAL PERSONNEL.—The Re- activities. mine the applicability to such individuals of sponse Readiness reserve component should ‘‘(C) An overview of the relevant respon- any law administered by the Secretary or also include at least 500 personnel, which sibilities, capabilities, and limitations of Administrator concerning the performance may include retired employees of the Fed- various Executive agencies (as that term is of such services by such individuals). eral Government, contractor personnel, non- defined in section 105 of title 5, United States (b) EXPERTS AND CONSULTANTS.—The Sec- governmental organization personnel, and Code) and the interactions among them. retary and the Administrator may, to the ex- State and local government employees, ‘‘(D) A discussion of the international re- tent necessary to obtain services without who— sources available to address stabilization and delay, employ experts and consultants under ‘‘(i) have the training and skills necessary reconstruction requirements, including re- section 3109 of title 5, United States Code, for to enable them to contribute to stabilization sources of the United Nations and its special- the purpose of carrying out this Act, without and reconstruction activities; and ized agencies, nongovernmental organiza- requiring compliance with any otherwise ap- ‘‘(ii) have volunteered to carry out stations, private and voluntary organizations, plicable requirements for that employment bilization and reconstruction activities. and foreign governments, together with an as the Secretary or Administrator may de- ‘‘(3) USE OF RESPONSE READINESS CORPS.— examination of the successes and failures ex- termine, except that such employment shall ‘‘(A) RESPONSE READINESS ACTIVE DUTY perienced by the United States in working be terminated after 60 days if by that time COMPONENT.—The members of the active with such entities. the applicable requirements are not com- duty Corps are authorized to be available— ‘‘(E) A study of the United States inter- plied with. ‘‘(i) if responding in support of stabiliza- agency system. (c) AUTHORITY TO ACCEPT AND ASSIGN DE- tion and reconstruction activities pursuant ‘‘(F) Foreign language training. TAILS.—The Secretary is authorized to ac- to a determination by the President regard- ‘‘(G) Training and simulation exercises for cept details or assignments of employees of ing a stabilization and reconstruction crisis joint civilian-military emergency response Executive agencies, members of the uni- under section 618 of the Foreign Assistance operations.’’. formed services, and employees of State or

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.053 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5397 local governments on a reimbursable or non- perform in each capacity for which the vol- The resolution (S. Res. 496) was reimbursable basis for the purpose of car- unteer’s services are accepted. agreed to. rying out this Act. The assignment of an em- (4) APPLICABILITY OF LAW RELATING TO FED- The preamble was agreed to. ployee of a State or local government under ERAL GOVERNMENT EMPLOYEES.—A person The resolution, with its preamble, this subsection shall be consistent with sub- providing volunteer services accepted under reads as follows: chapter VI of chapter 33 of title 5, United this section shall not be considered an em- S. RES. 496 States Code. ployee of the Federal Government in the per- (d) DUAL COMPENSATION WAIVER FOR ANNU- formance of those services, except for the Whereas, in 2006, the Kansas City Kansas ITANTS UNDER CIVIL SERVICE RETIREMENT purposes of the following provisions of law: Community College debate team won, for a SYSTEM AND FEDERAL EMPLOYEES RETIRE- (A) Chapter 81 of title 5, United States third consecutive year, the 3 national cham- MENT SYSTEM.—Notwithstanding sections Code, relating to compensation for work-re- pionships in collegiate debate among com- 8344(i) and 8468(f) of title 5, United States lated injuries. munity colleges; Code, the Secretary or the head of another (B) Chapter 11 of title 18, United States Whereas the team won a third consecutive executive agency, as authorized by the Sec- Code, relating to conflicts of interest. national championship at the Phi Rho Pi na- retary, may waive the application of sub- (5) APPLICABILITY OF LAW RELATING TO VOL- tional tournament for community colleges sections (a) through (h) of such section 8344 UNTEER LIABILITY PROTECTION.— in 2006; and subsections (a) through (e) of such sec- (A) IN GENERAL.—A person providing volun- Whereas, at the 2006 Phi Rho Pi national tion 8468 with respect to annuitants under teer services accepted under this section tournament for community colleges, the the Civil Service Retirement System or the shall be deemed to be a volunteer of a non- team achieved more debate victories per Federal Employees Retirement System who tournament than any other team in the es- are assigned, detailed, or deployed to assist profit organization or governmental entity, with respect to the accepted services, for teemed history of the tournament; in stabilizing and reconstructing a country Whereas the team won championship or region that is at risk of, in, or is in transi- purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.). awards in the Policy Team Debate, Lincoln- tion from, conflict or civil strife during the Douglas Debate, and Overall Sweepstakes at (B) INAPPLICABILITY OF EXCEPTIONS TO VOL- period of their reemployment. the Phi Rho Pi national tournament for (e) INCREASE IN PREMIUM PAY CAP.—The UNTEER LIABILITY PROTECTION.—Section 4(d) of such Act (42 U.S.C. 14503(d)) does not apply community colleges in 2006; Secretary, or the head of another executive Whereas the team won a third consecutive agency as authorized by the Secretary, may with respect to the liability of a person with national championship for community col- compensate an employee detailed, assigned, respect to services of such person that are leges at the Cross Examination Debate Asso- or deployed to assist in stabilizing and re- accepted under this section. ciation National Tournament in 2006; and constructing a country or region that is at (i) AUTHORITY FOR OUTSIDE ADVISORS.— Whereas the State of Kansas is privileged risk of, in, or is in transition from, conflict (1) IN GENERAL.—The Secretary may estab- or civil strife, without regard to the limita- lish temporary advisory commissions com- to benefit from the dedication to education tions on premium pay set forth in section posed of individuals with appropriate exper- and intercollegiate debate of Kansas City 5547 of title 5, United States Code, to the ex- tise to facilitate the carrying out of this Act. Kansas Community College team head coach tent that the aggregate of the basic pay and (2) INAPPLICABILITY OF FACA.—The require- Darren Elliot, assistant coaches Skippy premium pay of such employee for a year ments of the Federal Advisory Committee Flynn and Adrian Self, and team members does not exceed the annual rate payable for Act (5 U.S.C. App.) shall not apply to the ac- Ashley-Michelle Bruce, Ryan Coyne, Clay level II of the Executive Schedule. tivities of a commission established under Crockett, Peter Lawson, Candace Moore, (f) EXTENSION OF CERTAIN FOREIGN SERVICE this subsection. Amanda Montee, Deandre Tolbert, and Gar- BENEFITS.—The Secretary, or the head of an- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. rett Tuck: Now, therefore, be it other executive agency as authorized by the There is authorized to be appropriated Resolved, That the Senate— Secretary, may extend to any individuals as- $80,000,000 for fiscal year 2007 for personnel, (1) commends the extraordinary contribu- signed, detailed, or deployed to carry out education and training, equipment, and trav- tions of the Kansas City Kansas Community stabilization and reconstruction activities in el costs for purposes of carrying out this Act College debate team to the city of Kansas accordance with this Act, the benefits or and the amendments made by this Act. City, Kansas, and the State of Kansas; privileges set forth in sections 412, 413, 704, (2) congratulates the team for their na- f and 901 of the Foreign Service Act of 1980 (22 tional championship victories; and U.S.C. 972, 22 U.S.C. 3973, 22 U.S.C. 4024, and COMMENDING THE KANSAS CITY, (3) offers its best wishes to the team for fu- 22 U.S.C. 4081) to the same extent and man- KANSAS, COMMUNITY COLLEGE ture success. ner that such benefits and privileges are ex- DEBATE TEAM f tended to members of the Foreign Service. (g) COMPENSATORY TIME.—Notwithstanding Mr. FRIST. I ask unanimous consent RELATIVE TO THE DEATH OF any other provision of law, the Secretary the Senate now proceed to consider- EDWARD ROY BECKER may, subject to the consent of an individual ation of S. Res. 496, which was sub- Mr. FRIST. Mr. President, I ask who is assigned, detailed, or deployed to mitted earlier today. carry out stabilization and reconstruction unanimous consent that the Senate The PRESIDING OFFICER. The now proceed to the consideration of S. activities in accordance with this Act, grant clerk will report the resolution by such individual compensatory time off for an Res. 497, which was submitted earlier title. today. equal amount of time spent in regularly or The legislative clerk read as follows: irregularly scheduled overtime work. Credit The PRESIDING OFFICER. The for compensatory time off earned shall not A resolution (S. Res. 496) commending the clerk will report the resolution by form the basis for any additional compensa- Kansas City, Kansas, Community College De- title. tion. Any such compensatory time not used bate Team for their national championship victories. The legislative clerk read as follows: within 26 pay periods shall be forfeited. A resolution (S. Res. 497) relative to the (h) ACCEPTANCE OF VOLUNTEER SERVICES.— There being no objection, the Senate death of Edward Roy Becker, Chief Judge of (1) IN GENERAL.—The Secretary may accept proceeded to consider the resolution. the Court of Appeals for the 3rd Circuit. volunteer services for the purpose of car- Mr. BROWNBACK. Mr. President, I There being no objection, the Senate rying out this Act without regard to section rise today to voice my support for the proceeded to consider the resolution. 1342 of title 31, United States Code. Kansas City Kansas Community Col- (2) TYPES OF VOLUNTEERS.—Donors of vol- Mr. FRIST. Mr. President, I ask lege Debate Team. The team, under the unanimous consent that the resolution untary services accepted for purposes of this leadership of Head Coach Darren Elliot, section may include— be agreed to, the preamble be agreed (A) advisors; recently won, for a third consecutive to, and the motion to reconsider be laid (B) experts; year, the three national championships upon the table. (C) consultants; and in collegiate debate among community The PRESIDING OFFICER. Without (D) persons performing services in any colleges. I congratulate Coach Elliot, objection, it is so ordered. other capacity determined appropriate by along with each assistant coach and The Resolution (S. Res. 497) was the Secretary. team member, on their tremendous agreed to. (3) SUPERVISION.—The Secretary shall— success. Their dedication to education The preamble was agreed to. (A) ensure that each person performing and intercollegiate debate is truly The resolution, with its preamble, voluntary services accepted under this sec- commendable. reads as follows: tion is notified of the scope of the voluntary Mr. FRIST. I ask unanimous consent services accepted; S. RES. 497 (B) supervise the volunteer to the same ex- the resolution be agreed to, the pre- Whereas Edward Roy Becker was born on tent as employees receiving compensation amble be agreed to, and the motion to May 4, 1933, in Philadelphia, Pennsylvania; for similar services; and reconsider be laid upon the table. Whereas Edward Roy Becker enjoyed an (C) ensure that the volunteer has appro- The PRESIDING OFFICER. Without extraordinary career as a leading jurist in priate credentials or is otherwise qualified to objection, it is so ordered. the United States;

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.053 S26MYPT1 ycherry on PROD1PC64 with SENATE S5398 CONGRESSIONAL RECORD — SENATE May 26, 2006 Whereas Edward Roy Becker graduated Phi APPOINTMENT AUTHORIZATION EXECUTIVE SESSION Beta Kappa from the University of Pennsyl- vania in 1954 and received his law degree Mr. FRIST. Mr. President, I ask from Yale Law School in 1957 with academic unanimous consent that notwith- EXECUTIVE CALENDAR standing the upcoming recess or ad- distinction; Mr. FRIST. Mr. President, I ask Whereas, following his graduation from journment of the Senate, the President unanimous consent that the Senate im- law school, Edward Roy Becker managed a of the Senate, the President pro tem- mediately proceed to executive session distinguished law practice at the partnership pore, and the majority and minority to consider the following nominations of Becker, Becker, and Fryman with his fa- leaders be authorized to make appoint- on today’s Executive Calendar: Nos. ther and brother-in-law; ments to commissions, committees, Whereas Edward Roy Becker was active in 443, 573, 590, 591, 592, 593, 595, 615, 629, politics, and followed his father as a Repub- boards, conferences, or interparliamen- 640, 664, 665, 615, 640, 666, 667, 668, 669, lican committeeman; tary conferences authorized by law, by 671, 673, 674, 675, 676, 677, 678, 679, 680, Whereas, at the age of 37, Edward Roy concurrent action of the two Houses, or 681, 682, 683, 684, 685, 686, 687, 688, 689, Becker was appointed to the United States by order of the Senate. 690, 691, 692, 694, 695, 696, 697, 698, 700, District Court for the Eastern District of The PRESIDING OFFICER. Without 701, 702, and 703 and all nominations on Pennsylvania in 1970, was then elevated to objection, it is so ordered. the Court of Appeals for the 3rd Circuit in the Secretary’s desk; provided further that the Commerce Committee be dis- 1982, was Chief Judge of the Court of Appeals f for the 3rd Circuit from February 1998 until charged from further consideration of May 2003, and served as a Senior Judge until four lists of Coast Guard nominations his passing on May 19, 2006; MEMORIAL DAY at the desk and the Senate proceed to Whereas, while serving as Chief Judge of Mr. FRIST. Mr. President, on May 30, their consideration; I further ask unan- the Court of Appeals for the 3rd Circuit, Ed- 1868, mourners placed flowers on the imous consent that the nominations be ward Roy Becker authored many innovative graves of Union and Confederate sol- confirmed en bloc, the motions to re- and important opinions; diers at Arlington National Cemetery consider be laid upon the table, the Whereas, in 2002, Edward Roy Becker re- President be immediately notified of ceived the coveted Edward J. Devitt Distin- in Washington, DC. This marked the guished Service to Justice Award after being first observance of Memorial Day. the Senate’s action, and the Senate selected as the most distinguished Article III On Monday, America will continue then return to legislative session. Judge in the United States ‘‘whose career this tradition by honoring our Nation’s The PRESIDING OFFICER. Without has been exemplary, measured by [his] sig- fallen soldiers in ceremonies across the objection, it is so ordered. nificant contributions to the administration country. The nominations considered and con- of justice, the advancement of the rule of Ever since GEN George Washington firmed en bloc are as follows: law, and the improvement of society as a defeated the British at Yorktown, DEPARTMENT OF ENERGY whole’’; Edward F. Sproat III, of Pennsylvania, to Whereas, among his landmark decisions, American soldiers have honorably defended the cause of liberty in conflicts be Director of the Office of Civilian Radio- the Supreme Court adopted 3 opinions ren- active Waste Management, Department of dered by Edward Roy Becker relating to cut- at home and, indeed, around the world. Energy. ting-edge issues, including the reliability of Today, our men and women in uni- Raymond L. Orbach, of California, to be scientific evidence, the rationale of class ac- form are bravely waging the war on Under Secretary for Science, Department of tion certification, and the standards of re- terror, taking the battle to the enemy Energy. (New Position) view relating to the Employee Retirement so that the enemy does not do battle DEPARTMENT OF TRANSPORTATION Income Security Act; here at home. Roger Shane Karr, of the District of Co- Whereas the University of Chicago Law Re- America thanks our soldiers for their lumbia, to be an Assistant Secretary of view has consistently recognized Edward Transportation. Roy Becker as among the 3 circuit judges dedication, for their determination, Tyler D. Duvall, of Virginia, to be an As- who are most often cited by the Supreme and for their patriotism. We honor the sistant Secretary of Transportation. Court; 25 million living veterans who have Nicole R. Nason, of Virginia, to be Admin- Whereas Edward Roy Becker handed down served their country in past wars with istrator of the National Highway Traffic approximately 2,000 judicial opinions; honor and courage. And we remember Safety Administration. Whereas Edward Roy Becker devoted those patriots who have given the ulti- Thomas J. Barrett, of Alaska, to be Ad- ministrator of the Pipeline and Hazardous countless hours and a tremendous amount of mate sacrifice in service to their coun- effort for almost 3 years as an assistant to Materials Safety Administration, Depart- the Senate in drafting asbestos reform legis- try. ment of Transportation. (New Position) lation, writing most of S. 852 (109th Con- Two years ago, I had the privilege of FEDERAL COMMUNICATIONS COMMISSION gress) (commonly referred to as the ‘‘Fair- attending the dedication of the Na- Robert M. McDowell, of Virginia, to be a ness in Asbestos Injury Resolution Act of tional World War II Memorial. It was Member of the Federal Communications 2005’’), and holding over 50 meetings in Wash- the largest gathering of surviving vet- Commission for a term of five years from ington, D.C., with stakeholders and Sen- erans in 60 years and an experience I July 1, 2004. ators; will never forget. One of the veterans DEPARTMENT OF TRANSPORTATION Whereas President George W. Bush in- was asked how did they do it, how did Richard Capka, of Pennsylvania, to be Ad- scribed a tribute to Edward Roy Becker on ministrator of the Federal Highway Admin- the face of S. 852 (109th Congress) by desig- ordinary young men set aside their fear in the face of extraordinary odds istration. nating it as the ‘‘Becker Bill’’; and Susan Davis Wigenton, of New Jersey, to Whereas Edward Roy Becker undertook against determined enemies. The vet- be United States District Judge for the Dis- that arduous extra assignment in addition to eran replied simply: trict of New Jersey. his judicial duties, all while undergoing There’s nothing else you can do but do W. Ralph Basham, of Virginia, to be Com- treatment for prostate cancer: Now, there- your best and keep firing until the ammuni- missioner of Customs, Department of Home- fore, be it tion runs out. land Security. Resolved, That the Senate— DEPARTMENT OF HOMELAND SECURITY (a) honors the life and accomplishments of One of the inscriptions on the monu- David L. Norquist, of Virginia, to be Chief Edward Roy Becker; and ment is a quote by President Truman. It embodies the patriotic spirit of this Financial Officer, Department of Homeland (b) extends its condolences to the family Security. and friends of Edward Roy Becker. annual remembrance. It reads: OFFICE OF GOVERNMENT ETHICS Our debt to the heroic men and valiant f Robert Irwin Cusick, Jr., of Kentucky, to women in the service of our country can be Director of the Office of Government Eth- SIGNING AUTHORIZATION never be repaid. They have earned our undy- ics for a term of five years. Mr. FRIST. Mr. President, I ask ing gratitude. America will never forget EXECUTIVE OFFICE OF THE PRESIDENT unanimous consent that during the ad- their sacrifices. Robert J. Portman, of Ohio, to be Director journment of the Senate, the majority So on Monday, we remember, we of the Office of Management and Budget. leader and the senior Senator from Vir- honor, and we respect America’s he- NUCLEAR REGULATORY COMMISSION ginia be authorized to sign duly en- roes, the men and women who did their Gregory B. Jaczko, of the District of Co- rolled bills or joint resolutions. best, and we repay in small measure lumbia, to be a Member of the Nuclear Regu- The PRESIDING OFFICER. Without the debt we owe them for their service latory Commission for the term of five years objection, it is so ordered. and their sacrifice. expiring June 30, 2008.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\CR\FM\A26MY6.056 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — SENATE S5399 Gregory B. Jaczko, of the District of Co- April H. Foley, of New York, to be Ambas- To be ensign lumbia, to be a Member of the Nuclear Regu- sador Extraordinary and Plenipotentiary of Mary A. Barber latory Commission for the term of five years the United States of America to the Republic Matthew P. Berg expiring June 30, 2008. of Hungary. Christopher W. Daniels Peter B. Lyons, of Virginia, to be a Mem- Tracey Ann Jacobson, of the District of Matthew C.Davis ber of the Nuclear Regulatory Commission Columbia, a Career Member of the Senior Nathan P. Eldridge for the term of five years expiring June 30, Foreign Service, Class of Counselor, to be Francisco J. Fuenmayor 2009. Ambassador Extraordinary and Pleni- Matthew Glazewski NUCLEAR REGULATORY COMMISSION potentiary of the United States of America David M. Gothan Dale Klein, of Texas, to be a Member of the to the Republic of Tajikistan. Sarah A. T. Harris Nuclear Regulatory Commission for the term Robert Anthony Bradtke, of Maryland, a Meghan E. McGovern of five years expiring June 30, 2011. Career Member of the Senior Foreign Serv- Damian M. Ray ice, Class of Minister-Counselor, to be Am- DEPARTMENT OF STATE Lecia M. Salerno bassador Extraordinary and Plenipotentiary Raul Vasquez Del Mercado Duane Acklie, of Nebraska, to be an Alter- of the United States of America to the Re- nate Representative of the United States of William G. Winner public of Croatia. Victoria E. Zalewski America to the Sixtieth Session of the Gen- William B. Taylor, Jr., of Virginia, to be eral Assembly of the United Nations. Ambassador Extraordinary and Pleni- UNITED STATES COAST GUARD Goli Ameri, of Oregon, to be a Representa- potentiary of the United States of America To be lieutenant (junior grade) tive of the United States of America to the to Ukraine. Thea Iacomino Sixtieth Session of the General Assembly of Michael Wood, of the District of Columbia, UNITED STATES COAST GUARD the United Nations. to be Ambassador Extraordinary and Pleni- Robert C. O’Brien, of California, to be an To be commander potentiary of the United States of America Alternate Representative of the United to Sweden. Max A. Caruso States of America to the Sixtieth Session of To be lieutenant the General Assembly of the United Nations. NATIONAL INSTITUTE OF BUILDING SCIENCES Rajkumar Chellaraj, of Texas, to be an As- William Hardiman, of Michigan, to be a Josh L. Bauer sistant Secretary of State (Administration). Member of the Board of Directors of the Na- UNITED STATES COAST GUARD Patricia P. Brister, of Louisiana, for the tional Institute of Building Sciences for a To be lieutenant (junior grade) rank of Ambassador during her tenure of term expiring September 7, 2006. Mark Molavi service as the Representative of the United SECURITIES INVESTOR PROTECTION Andrew G. Schanno States of America on the Commission on the CORPORATION Status of Women of the Economic and Social f Armando J. Bucelo, Jr., of Florida, to be a Council of the United Nations. Director of the Securities Investor Protec- LEGISLATIVE SESSION Warren W. Tichenor, of Texas, to be Rep- tion Corporation for a term expiring Decem- resentative of the United States of America The PRESIDING OFFICER. The Sen- ber 31, 2008. (Reappointment) to the Office of the United Nations and Other ate will return to legislative session. Todd S. Farha, of Florida, to be a Director International Organizations in Geneva, with of the Securities Investor Protection Cor- f the rank of Ambassador. Daniel S. Sullivan, of Alaska, to be an As- poration for the remainder of the term expir- ORDERS FOR MONDAY, JUNE 5, sistant Secretary of State (Economic and ing December 31, 2006. 2006 Todd S. Farha, of Florida, to be a Director Business Affairs). Robert F. Godec, of Virginia, a Career of the Securities Investor Protection Cor- Mr. PRESIDENT. I ask unanimous Member of the Senior Foreign Service, Class poration for a term expiring December 31, consent that when the Senate com- of Counselor, to be Ambassador Extraor- 2009. (Reappointment) pletes its business today, it stand in dinary and Plenipotentiary of the United DEPARTMENT OF HOUSING AND URBAN adjournment under the provisions of H. States of America to the Republic of Tuni- DEVELOPMENT Con. Res. 418 until 2 p.m. on Monday, sia. John W. Cox, of Texas, to be Chief Finan- June 5. I further ask that following the Mark C. Minton, of Florida, a Career Mem- cial Officer, Department of Housing and prayer and pledge, the morning hour be ber of the Senior Foreign Service, Class of Urban Development. deemed expired, the Journal of pro- Minister-Counselor, to be Ambassador Ex- DEPARTMENT OF JUSTICE traordinary and Plenipotentiary of the ceedings be approved to date, the time Gary D. Orton, of Nevada, to be United United States of America to Mongolia. for the two leaders be reserved, and the Michael D. Kirby, of Virginia, a Career States Marshal for the District of Nevada for Senate then resume consideration of Member of the Senior Foreign Service, Class the term of four years. Erik C. Peterson, of Wisconsin, to be the motion to proceed to S. Res. 1, the of Minister-Counselor, to be Ambassador Ex- United States Attorney for the Western Dis- marriage protection amendment. traordinary and Plenipotentiary of the trict of Wisconsin for the term of four years. The PRESIDING OFFICER. Without United States of America to the Republic of objection, it is so ordered. Moldova. GENERAL SERVICES ADMINISTRATION Lisa Bobbie Schreiber Hughes, of Pennsyl- Lurita Alexis Doan, of Virginia, to be Ad- f vania, a Career Member of the Senior For- ministrator of General Services. PROGRAM eign Service, Class of Counselor, to be Am- DEPARTMENT OF HOMELAND SECURITY bassador Extraordinary and Plenipotentiary Mr. FRIST. Mr. President, today, we R. David Paulison, of Florida, to be Under of the United States of America to the Re- Secretary for Federal Emergency Manage- confirmed Brett Kavanaugh to the DC public of Suriname. ment, Department of Homeland Security. Circuit, we confirmed General Hayden David M. Robinson, of Connecticut, a Ca- as CIA Director, and we confirmed a NOMINATIONS PLACED ON THE SECRETARY’S reer Member of the Senior Foreign Service, former colleague, Dirk Kempthorne, as Class of Minister-Counselor, to be Ambas- DESK sador Extraordinary and Plenipotentiary of FOREIGN SERVICE Secretary of the Interior. In addition, the United States of America to the Co-oper- PN1331 Foreign Service nominations (87) we were able to confirm several nomi- ative Republic of Guyana. beginning Brent Royal Bohne, and ending nations by unanimous consent. John A. Cloud, Jr., of Virginia, a Career William J. Booth, which nominations were We have had a productive stretch in Member of the Senior Foreign Service, Class received by the Senate and appeared in the the last few weeks that we have been in of Minister-Counselor, to be Ambassador Ex- Congressional Record of February 17, 2006. session. Yesterday, we did pass the traordinary and Plenipotentiary of the PN1425 Foreign Service nominations (4) be- comprehensive immigration reform bill United States of America to the Republic of ginning Craig B. Allen, and ending Daniel D. after a total of 4 weeks of good debate. Lithuania. DeVito, which nominations were received by Again, I congratulate the managers of Robert S. Ford, of Maryland, a Career the Senate and appeared in the Congres- Member of the Senior Foreign Service, Class sional Record of March 30, 2006. the bill for their dedicated work in of Counselor, to be Ambassador Extraor- PN1456 Foreign Service nominations (322) moving the bill along for passage. I dinary and Plenipotentiary of the United beginning Anita Katial, and ending Scott R. congratulate Senators MCCAIN and States of America to the People’s Demo- Reynolds, which nominations were received KENNEDY, Senators MARTINEZ and cratic Republic of Algeria. by the Senate and appeared in the Congres- HAGEL, and the entire Judiciary Com- Anne E. Derse, of Maryland, a Career Mem- sional Record of April 24, 2006. ber of the Senior Foreign Service, Class of mittee which generated the bill, and all NATIONAL OCEANIC AND ATMOSPHERIC Minister Counselor, to be Ambassador Ex- of my colleagues for their participation ADMINISTRATION traordinary and Plenipotentiary of the and active debate with amendments. United States of America to the Republic of To be lieutenant When we return from the Memorial Azerbaijan. Christiaan H. Van Westendorp Day recess, we will continue on the

VerDate Sep 11 2014 10:55 Jul 10, 2019 Jkt 000000 PO 00000 Frm 00097 Fmt 4637 Sfmt 0634 E:\JKALVESMAKI\SSN-JOYNER\OUTPUT\S26MY6.REC S26MY6 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE S5400 CONGRESSIONAL RECORD — SENATE May 26, 2006 motion to proceed to the marriage pro- MISSION FOR THE TERM OF FIVE YEARS EXPIRING JUNE TODD S. FARHA, OF FLORIDA, TO BE A DIRECTOR OF 30, 2008. THE SECURITIES INVESTOR PROTECTION CORPORATION tection amendment. The first vote of GREGORY B. JACZKO, OF THE DISTRICT OF COLUMBIA, FOR A TERM EXPIRING DECEMBER 31, 2009. the week will occur in the morning on TO BE A MEMBER OF THE NUCLEAR REGULATORY COM- MISSION FOR THE TERM OF FIVE YEARS EXPIRING JUNE DEPARTMENT OF HOUSING AND URBAN Tuesday, June 6. That vote will be on a 30, 2008 (RECESS APPOINTMENT). DEVELOPMENT district judge nomination. PETER B. LYONS, OF VIRGINIA, TO BE A MEMBER OF THE NUCLEAR REGULATORY COMMISSION FOR THE JOHN W. COX, OF TEXAS, TO BE CHIEF FINANCIAL OFFI- As we head in into the Memorial Day TERM OF FIVE YEARS EXPIRING JUNE 30, 2009 (RECESS CER, DEPARTMENT OF HOUSING AND URBAN DEVELOP- recess, we honor all who have died APPOINTMENT). MENT. DALE KLEIN, OF TEXAS, TO BE A MEMBER OF THE NU- GENERAL SERVICES ADMINISTRATION serving our great Nation. CLEAR REGULATORY COMMISSION FOR THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2011. f LURITA ALEXIS DOAN, OF VIRGINIA, TO BE ADMINIS- TRATOR OF GENERAL SERVICES. CENTRAL INTELLIGENCE AGENCY ADJOURNMENT UNTIL MONDAY, GENERAL MICHAEL V. HAYDEN, UNITED STATES AIR DEPARTMENT OF HOMELAND SECURITY JUNE 5, 2006, AT 2 P.M. FORCE, TO BE R. DAVID PAULISON, OF FLORIDA, TO BE UNDER SEC- Mr. FRIST. Mr. President, if there is DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY. RETARY FOR FEDERAL EMERGENCY MANAGEMENT, DE- DEPARTMENT OF STATE PARTMENT OF HOMELAND SECURITY. no further business to come before the THE ABOVE NOMINATIONS WERE APPROVED SUBJECT Senate, I ask unanimous consent that DUANE ACKLIE, OF NEBRASKA, TO BE AN ALTERNATE TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- REPRESENTATIVE OF THE UNITED STATES OF AMERICA QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY the Senate stand in adjournment under TO THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY CONSTITUTED COMMITTEE OF THE SENATE. the provisions of H. Con. Res 418. OF THE UNITED NATIONS. GOLI AMERI, OF OREGON, TO BE A REPRESENTATIVE THE JUDICIARY There being no objection, the Senate, OF THE UNITED STATES OF AMERICA TO THE SIXTIETH SUSAN DAVIS WIGENTON, OF NEW JERSEY, TO BE at 3:03 p.m., adjourned until Monday, SESSION OF THE GENERAL ASSEMBLY OF THE UNITED UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NATIONS. NEW JERSEY. June 5, 2006, at 2 p.m. ROBERT C. O’BRIEN, OF CALIFORNIA, TO BE AN ALTER- BRETT M. KAVANAUGH, OF MARYLAND, TO BE UNITED f NATE REPRESENTATIVE OF THE UNITED STATES OF STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- AMERICA TO THE SIXTIETH SESSION OF THE GENERAL BIA CIRCUIT. ASSEMBLY OF THE UNITED NATIONS. CONFIRMATIONS RAJKUMAR CHELLARAJ, OF TEXAS, TO BE AN ASSIST- IN THE AIR FORCE ANT SECRETARY OF STATE (ADMINISTRATION). Executive nominations confirmed by PATRICIA P. BRISTER, OF LOUISIANA, FOR THE RANK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate May 26, 2006: OF AMBASSADOR DURING HER TENURE OF SERVICE AS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE REPRESENTATIVE OF THE UNITED STATES OF CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DEPARTMENT OF ENERGY AMERICA ON THE COMMISSION ON THE STATUS OF AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WOMEN OF THE ECONOMIC AND SOCIAL COUNCIL OF THE 601: EDWARD F. SPROAT III, OF PENNSYLVANIA, TO BE DI- UNITED NATIONS. To be general RECTOR OF THE OFFICE OF CIVILIAN RADIOACTIVE WARREN W. TICHENOR, OF TEXAS, TO BE REPRESENTA- WASTE MANAGEMENT, DEPARTMENT OF ENERGY. TIVE OF THE UNITED STATES OF AMERICA TO THE OF- GEN. MICHAEL V. HAYDEN RAYMOND L. ORBACH, OF CALIFORNIA, TO BE UNDER FICE OF THE UNITED NATIONS AND OTHER INTER- SECRETARY FOR SCIENCE, DEPARTMENT OF ENERGY. NATIONAL ORGANIZATIONS IN GENEVA, WITH THE RANK DEPARTMENT OF JUSTICE OF AMBASSADOR. DEPARTMENT OF TRANSPORTATION GARY D. ORTON, OF NEVADA, TO BE UNITED STATES DANIEL S. SULLIVAN, OF ALASKA, TO BE AN ASSIST- MARSHAL FOR THE DISTRICT OF NEVADA FOR THE TERM ROGER SHANE KARR, OF THE DISTRICT OF COLUMBIA, ANT SECRETARY OF STATE (ECONOMIC AND BUSINESS OF FOUR YEARS. TO BE AN ASSISTANT SECRETARY OF TRANSPORTATION. AFFAIRS). ERIK C. PETERSON, OF WISCONSIN, TO BE UNITED TYLER D. DUVALL, OF VIRGINIA, TO BE AN ASSISTANT ROBERT F. GODEC, OF VIRGINIA, TO BE AMBASSADOR STATES ATTORNEY FOR THE WESTERN DISTRICT OF SECRETARY OF TRANSPORTATION. TO THE REPUBLIC OF TUNISIA. WISCONSIN FOR THE TERM OF FOUR YEARS. NICOLE R. NASON, OF VIRGINIA, TO BE ADMINIS- MARK C. MINTON, OF FLORIDA, TO BE AMBASSADOR TO TRATOR OF THE NATIONAL HIGHWAY TRAFFIC SAFETY MONGOLIA. IN THE COAST GUARD ADMINISTRATION. MICHAEL D. KIRBY, OF VIRGINIA, TO BE AMBASSADOR THOMAS J. BARRETT, OF ALASKA, TO BE ADMINIS- TO THE REPUBLIC OF MOLDOVA. COAST GUARD NOMINATION OF THEA IACOMINO TO BE TRATOR OF THE PIPELINE AND HAZARDOUS MATERIALS LISA BOBBIE SCHREIBER HUGHES, OF PENNSYLVANIA, LIEUTENANT (JUNIOR GRADE). SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPOR- TO BE AMBASSADOR TO THE REPUBLIC OF SURINAME. COAST GUARD NOMINATIONS BEGINNING WITH MAX A. TATION. DAVID M. ROBINSON, OF CONNECTICUT, TO BE AMBAS- CARUSO AND ENDING WITH JOSH L. BAUER, WHICH NOMI- SADOR TO THE CO-OPERATIVE REPUBLIC OF GUYANA. NATIONS WERE RECEIVED BY THE SENATE AND AP- FEDERAL COMMUNICATIONS COMMISSION JOHN A. CLOUD, JR., OF VIRGINIA, TO BE AMBASSADOR PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, ROBERT M. MCDOWELL, OF VIRGINIA, TO BE A MEMBER TO THE REPUBLIC OF LITHUANIA. 2006. OF THE FEDERAL COMMUNICATIONS COMMISSION FOR A ROBERT S. FORD, OF MARYLAND, TO BE AMBASSADOR COAST GUARD NOMINATIONS BEGINNING WITH MARK TERM OF FIVE YEARS FROM JULY 1, 2004. TO THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA. MOLAVI AND ENDING WITH ANDREW G. SCHANNO, WHICH ANNE E. DERSE, OF MARYLAND, TO BE AMBASSADOR NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DEPARTMENT OF TRANSPORTATION TO THE REPUBLIC OF AZERBAIJAN. PEARED IN THE CONGRESSIONAL RECORD ON MAY 23, APRIL H. FOLEY, OF NEW YORK, TO BE AMBASSADOR 2006. RICHARD CAPKA, OF PENNSYLVANIA, TO BE ADMINIS- TO THE REPUBLIC OF HUNGARY. TRATOR OF THE FEDERAL HIGHWAY ADMINISTRATION. TRACEY ANN JACOBSON, OF THE DISTRICT OF COLUM- NATIONAL OCEANIC AND ATMOSPHERIC DEPARTMENT OF THE INTERIOR BIA, TO BE AMBASSADOR TO THE REPUBLIC OF ADMINISTRATION TAJIKISTAN. DIRK KEMPTHORNE, OF IDAHO, TO BE SECRETARY OF ROBERT ANTHONY BRADTKE, OF MARYLAND, TO BE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- THE INTERIOR. AMBASSADOR TO THE REPUBLIC OF CROATIA. TION NOMINATIONS BEGINNING WITH CHRISTIAAN H. WILLIAM B. TAYLOR, JR., OF VIRGINIA, TO BE AMBAS- VAN WESTENDORP AND ENDING WITH VICTORIA E. DEPARTMENT OF HOMELAND SECURITY SADOR TO UKRAINE. ZALEWSKI, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL W. RALPH BASHAM, OF VIRGINIA, TO BE COMMIS- MICHAEL WOOD, OF THE DISTRICT OF COLUMBIA, TO BE RECORD ON MARCH 30, 2006. SIONER OF CUSTOMS, DEPARTMENT OF HOMELAND SE- AMBASSADOR TO SWEDEN. CURITY. NATIONAL INSTITUTE OF BUILDING SCIENCES FOREIGN SERVICE DAVID L. NORQUIST, OF VIRGINIA, TO BE CHIEF FINAN- CIAL OFFICER, DEPARTMENT OF HOMELAND SECURITY. WILLIAM HARDIMAN, OF MICHIGAN, TO BE A MEMBER FOREIGN SERVICE NOMINATIONS BEGINNING WITH BRENT ROYAL BOHNE AND ENDING WITH WILLIAM J. OFFICE OF GOVERNMENT ETHICS OF THE BOARD OF DIRECTORS OF THE NATIONAL INSTI- TUTE OF BUILDING SCIENCES FOR A TERM EXPIRING BOOTH, WHICH NOMINATIONS WERE RECEIVED BY THE ROBERT IRWIN CUSICK, JR., OF KENTUCKY, TO BE DI- SEPTEMBER 7, 2006. SENATE AND APPEARED IN THE CONGRESSIONAL RECTOR OF THE OFFICE OF GOVERNMENT ETHICS FOR A RECORD ON FEBRUARY 17, 2006. TERM OF FIVE YEARS. SECURITIES INVESTOR PROTECTION FOREIGN SERVICE NOMINATIONS BEGINNING WITH CORPORATION CRAIG B. ALLEN AND ENDING WITH DANIEL D. DE VITO, EXECUTIVE OFFICE OF THE PRESIDENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMANDO J. BUCELO, JR., OF FLORIDA, TO BE A DIREC- AND APPEARED IN THE CONGRESSIONAL RECORD ON ROBERT J. PORTMAN, OF OHIO, TO BE DIRECTOR OF TOR OF THE SECURITIES INVESTOR PROTECTION COR- MARCH 30, 2006. THE OFFICE OF MANAGEMENT AND BUDGET. PORATION FOR A TERM EXPIRING DECEMBER 31, 2008. FOREIGN SERVICE NOMINATIONS BEGINNING WITH NUCLEAR REGULATORY COMMISSION TODD S. FARHA, OF FLORIDA, TO BE A DIRECTOR OF ANITA KATIAL AND ENDING WITH SCOTT R. REYNOLDS, THE SECURITIES INVESTOR PROTECTION CORPORATION WHICH NOMINATIONS WERE RECEIVED BY THE SENATE GREGORY B. JACZKO, OF THE DISTRICT OF COLUMBIA, FOR THE REMAINDER OF THE TERM EXPIRING DECEM- AND APPEARED IN THE CONGRESSIONAL RECORD ON TO BE A MEMBER OF THE NUCLEAR REGULATORY COM- BER 31, 2006. APRIL 24, 2006.

VerDate Aug 31 2005 03:08 May 27, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4637 Sfmt 9801 E:\CR\FM\G26MY6.066 S26MYPT1 ycherry on PROD1PC64 with SENATE May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E965 EXTENSIONS OF REMARKS

RECOGNIZING PHILIP SHAY MEEKS taxes. Under this program, the State pays a IN RECOGNITION OF THE 2006 U.S. FOR ACHIEVING THE RANK OF portion of the taxes, which are matched by the PHYSICS OLYMPIAD TEAM EAGLE SCOUT county. Right now the program serves close to 800 county residents. HON. SAM GRAVES Evans also worked with the county commis- HON. VERNON J. EHLERS OF MISSOURI sion’s budget, finance, and investment com- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES mittee to develop the county’s first investment policy, which describes the parameters under IN THE HOUSE OF REPRESENTATIVES Thursday, May 25, 2006 which county funds may be invested. Thursday, May 25, 2006 Mr. GRAVES. Mr. Speaker, I proudly pause Evans, today I want to thank you for your to recognize Philip Shay Meeks, a very special service to Rutherford County, and I wish you Mr. EHLERS. Mr. Speaker, I rise today to young man who has exemplified the finest all the best in your future endeavors. honor the achievements of the members of qualities of citizenship and leadership by tak- the 2006 United States Physics Olympiad ing an active part in the Boy Scouts of Amer- f Team. These 24 individuals have shown tre- ica, Troop 376, and in earning the most pres- mendous aptitude in physics and leadership tigious award of Eagle Scout. ON THE OCCASION OF MR. JIM amongst their peers. Philip has been very active with his troop, PADILLA’S RETIREMENT participating in many Scout activities. Over the It is very challenging to earn a spot on this many years Philip has been involved with prestigious team. After being nominated by scouting, he has not only earned numerous HON. LINCOLN DIAZ-BALART their high school teachers and taking a pre- merit badges, but also the respect of his fam- OF FLORIDA liminary exam, 200 students qualified to take the second and final screening exam for the ily, peers, and community. IN THE HOUSE OF REPRESENTATIVES Philip has served in the leadership positions U.S. Physics Team. The 24 survivors of that of assistant senior patrol leader and senior pa- Thursday, May 25, 2006 group represent the top physics students in trol leader, among others. He is an ordeal Mr. LINCOLN DIAZ-BALART of Florida. Mr. the U.S., and they are now at a nine-day train- member of Order of the Arrow and a tom tom Speaker, I rise today to congratulate Mr. Jim ing camp of intense study, examination and beater in the Tribe of Mic-O-Say. For his Padilla on the occasion of his retirement. Mr. problem solving. Five of these exceptional stu- Eagle Scout project, Philip planned and super- Padilla dedicated 40 years of his life to the dents will advance and represent the United vised the building of ladders for a storage progress of Ford Motor Company and pre- States in a tremendous international competi- area, donating money for shades, and painting pared it for the challenges of the 21st century. tion in July at the International Physics Olym- the stage area at the Liberty Christian Fellow- I wholeheartedly commend Mr. Padilla for his piad in Singapore. ship Church Building in Liberty, MO. hard work and dedication to such a deeply Members of the 2006 team include: Sophie Mr. Speaker, I proudly ask you to join me in cherished American legacy as Ford Motor Cai, ZeNan Chang, David Chen, Otis commending Philip Shay Meeks for his ac- Company. Chodosh, Kenan Diab, Jiashuo Feng, Yingyu complishments with the Boy Scouts of Amer- Mr. Padilla first joined the Ford family as a Gao, Sherry Gong, Timothy Hsieh, Rui Hu, ica and for his efforts put forth in achieving the quality control engineer. Through years of Ariella Kirsch, Jason LaRue, Men Young Lee, highest distinction of Eagle Scout. hard work that spanned three continents, Mr. David Lo, Benjamin Michel, Hetul Patel, f Padilla consistently proved himself a capable Veronica Pillar, Nimish Ramanlal, Ingmar HONORING EVANS MAPLES FOR leader. Over those 40 years his steady climb Saberi, William Throwe, Arnav Tripathy, Henry HIS SERVICE TO RUTHERFORD through the company rungs ultimately led him Tung, Philip Tynan and Haofei Wei. COUNTY to the top as president and chief executive of- Mr. Speaker, as a nuclear physicist and ficer. former physics professor, I have worked to HON. BART GORDON Mr. Padilla’s career is worthy of yet another promote math and science education and to distinction: He became Ford Motor Company’s OF TENNESSEE recognize the pivotal role these fields play in first Hispanic president and CEO. By taking IN THE HOUSE OF REPRESENTATIVES our nation’s economic competitiveness and the helm of one of America’s top 10 corpora- Thursday, May 25, 2006 national security. Educating our K–12 students tions, Mr. Padilla shattered stereotypes and in math and science is very important. It is en- Mr. GORDON. Mr. Speaker, today I rise to showed that all Americans have the potential couraging to see so many young, outstanding honor Evans Maples, a lifelong Rutherford of realizing tremendous success. It is fitting physics students enthusiastic about science, that Ford’s Hispanic Network Group has cre- County resident who has served as county and I note that many of them chose to pursue ated a scholarship program in his name, the trustee since 1994. Evans has decided he will science as a result of a teacher or family ‘‘Padilla Scholars,’’ to benefit deserving col- not seek another term, and I want to thank member who encouraged them along the way. lege-bound students. Mr. Padilla has proven him for all he has done for his community, Making sure our teachers are well-equipped to that in our country, a person who works hard which I have the honor of representing in this teach science and math is very important in esteemed body. and accepts no limits can reach any goal. His life is an inspiration to young Hispanics and all fostering the interest of future generations in For nearly 12 years, Evans has been re- these subjects. sponsible for collecting the county’s property young Americans as they commence the taxes, as well as overseeing idle funds of the steady climb toward their dreams. I hope the composite enthusiasm of these county. While most people might dread being I know that Ford Motor Company will deeply students and the other semifinalists will allow in charge of such tasks, Evans has instead miss Mr. Padilla’s leadership. I also know that them to consider future careers in science, embraced his responsibilities as county trustee his numerous contributions over the last four technology, engineering and math. Further- and has even managed to transform his posi- decades have helped to transform that com- more, I hope some of them consider running tion into one that has helped people in his pany into the modem powerhouse that it is for public office and add their expertise to the community. today. Mr. Padilla has earned himself a per- policy world! I am very thankful for these fu- One of Evans’ most notable contributions to manent place in the rich history and great ture leaders and ask that you please join me Rutherford County involves the tax relief pro- American heritage that Ford Motor Company in congratulating them on their wonderful gram he initiated. The program is designed to represents. Like the company he so effectively achievements and wishing the top five the help retired persons on fixed incomes keep led, Mr. Padilla is a true American success best of luck as they represent the United their homes in the face of rising property story. States in Singapore.

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

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.001 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E966 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 RECOGNIZING DANIEL J. WIL- Since that time, the AJC’s positive impact teacher, she was not an ordinary principal. As LIAMS FOR ACHIEVING THE has been felt around the world. The AJC was the first principal of the Peace Corps Elemen- RANK OF EAGLE SCOUT instrumental in developing many of the provi- tary School, she was the strong hand and de- sions included in the United Nations Charter, termined intellect that guided what will now be HON. SAM GRAVES and later would advocate for the establishment known as the Yvonne E. Milliner Bowsky Ele- OF MISSOURI of the International Criminal Court. They also mentary School from a complex of empty and IN THE HOUSE OF REPRESENTATIVES provided invaluable research to the plaintiffs in abandoned dormitories turned over to the Vir- the landmark Supreme Court case Brown v. gin Islands Government by the Peace Corps Thursday, May 25, 2006 the Board of Education which ended racial into a vibrant elementary school which opened Mr. GRAVES. Mr. Speaker, I proudly pause segregation. During the 1960s, the AJC in 1973. Her vision made it possible to relieve to recognize Daniel J. Williams, a very special worked tirelessly with the Catholic Church to the overcrowded conditions at other schools in young man who has exemplified the finest foster a productive friendship between the two St. Thomas and improve the educational envi- qualities of citizenship and leadership by tak- faiths. This culminated in the Church’s release ronment for our children. ing an active part in the Boy Scouts of Amer- of Nostra Aetate, a document officially con- The school named in her honor is now a ica, Troop 167, and in earning the most pres- demning any animosity by Catholics against modern facility, with eight brand new buildings tigious award of Eagle Scout. Jews. And in 1965, the AJC recognized Dr. housing 400 students, and is a bulwark of the Daniel has been very active with his troop, Martin Luther King, Jr. with the American Lib- public education system in our islands. Since participating in many Scout activities. Over the erties Medallion in honor of his efforts to end its beginning in 1973, the Peace Corps Ele- many years Daniel has been involved with racial intolerance. mentary School campus has been destroyed scouting, he has not only earned numerous The AJC’s Jacob Blaustein Institute con- several times by hurricanes and other unfortu- merit badges, but also the respect of his fam- tinues to work with international organizations nate events. But, it has managed to rise sev- ily, peers, and community. In his service, Dan- to monitor war crimes and intolerance, as well eral times from the ashes and today—in large iel was instrumental in the development of a as providing humanitarian aid to victims of nat- part because of her legacy—it has achieved basketball court in the Winston city park. ural disasters, refugees of war, and suffering this milestone. Now, as its crowning glory, it Mr. Speaker, I proudly ask you to join me in around the globe. To this day, the AJC re- has been named for its mother—Yvonne E. commending Daniel J. Williams for his accom- mains strongly committed to strengthening Milliner Bowsky. Beyond the buildings, every- plishments with the Boy Scouts of America interfaith relations to ensure that when they one can attest that because of her vision and and for his efforts put forth in achieving the speak on issues of great concern to the world, her dedication and those who followed and highest distinction of Eagle Scout. they are speaking on behalf of all humanity, are still following in her footsteps, this school f not just the Jewish people. has become a place of academic excellence. Mr. Speaker, the American Jewish Commit- Mr. Speaker, the students of the Yvonne E. RECOGNIZING THE 100TH ANNIVER- tee’s 100th anniversary is a tremendous Milliner Bowsky Elementary School will always SARY OF THE AMERICAN JEWISH achievement. Even more remarkable are the have in her an excellent role model to look up COMMITTEE contributions the AJC has provided during its to and to be inspired by. Her excellence and existence. The AJC has built a tremendous achievement in so many areas is testament of HON. MARK UDALL reputation, and continually strives for religious what is possible if one works hard, is focused OF COLORADO freedom, equality, and tolerance. Although it is and is determined to serve and to do the best IN THE HOUSE OF REPRESENTATIVES called the American Jewish Committee, the of one’s ability. goals they set forth and the feats they have Thursday, May 25, 2006 For these reasons, Mr. Speaker, I am hon- accomplished are valued by members of all ored to come before this Congress and offer Mr. UDALL of Colorado. Mr. Speaker, I rise faiths, all nations, all people. I congratulate the my profound congratulations to Mrs. Bowsky today to express my congratulations to the AJC on its anniversary, and wish this extraor- and her family for this most deserved honor. American Jewish Committee (AJC) as it cele- dinary organization more success in the fu- I wish her and all who administer, serve and brates its 100th anniversary. ture. learn at the Yvonne Milliner Bowsky Elemen- The early 1900s were a very challenging f tary School God’s richest blessings. and tumultuous time for Jewish-Americans. f For decades prior, millions of Eastern Euro- HONORING THE CONTRIBUTIONS pean Jews immigrated to the United States to OF MRS. YVONNE E. MILLINER IN RECOGNITION OF THE ONON- flee political and religious persecution. By BOWSKY AND THE PEACE CORPS DAGA COMMUNITY COLLEGE coming to America, these brave people took SCHOOL MEN’S LACROSSE TEAM monumental steps toward freedom, but even on America’s more welcoming shores, they HON. DONNA M. CHRISTENSEN HON. JAMES T. WALSH OF THE VIRGIN ISLANDS often encountered discrimination and eco- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES nomic hardship. Meanwhile, in the countries IN THE HOUSE OF REPRESENTATIVES from which they fled, the persecution and dan- Thursday, May 25, 2006 Thursday, May 25, 2006 ger against Jews intensified. The pogroms in Mrs. CHRISTENSEN. Mr. Speaker, I rise Russia left thousands of innocent Jews dead, today to honor an outstanding Virgin Islands Mr. WALSH. Mr. Speaker, I rise today to and many more wounded or without homes. In woman, Mrs. Yvonne E. Milliner Bowsky. praise the Onondaga Community College 1906, striving to end the senseless violence Mrs. Bowsky’s career of service and dedica- Men’s Lacrosse Team on their NJCAA Na- and discrimination perpetuated against their tion to her family, her community, her students tional Championship. Onondaga Community people across the world, a small group of and to the Virgin Islands as a whole can be College, OCC, defeated Suffolk Community Jewish Americans came together to create the summed up in one word—phenomenal. College by a score of 30–6, giving the school American Jewish Committee, an organization Mr. Speaker, in addition to being a devoted their first men’s lacrosse national title. committed to ending anti-Semitism, promoting wife, mother and teacher—life’s paths which The championship victory culminated a sea- pluralism and religious freedom, and pro- taken separately or together are challenging in son in which the OCC Lazers went undefeated tecting human rights. and of themselves—Mrs. Bowsky has also with an 18–0 mark, outscoring their opponents Although the task before them was often served the Virgin Islands community as a pro- 445–80 along the way. With their display of daunting, they succeeded at raising national fessor at the College and University of the Vir- dominance throughout the year, it is clear that and international awareness to the crimes gin Islands, an entrepreneur, a gubernatorial OCC was the best junior college team in 2006 being committed in Europe this time. Often, campaign manager, and as special assistant and arguably the best in history. this awareness was sparked by collaborative for audits and control to the Governor she On behalf of all of my constituents, I con- efforts with organizations of different faiths. As guided to victory, the late Alexander Farrelly. gratulate these young men on their out- anti-Semitism spread prior to its horrendous In addition to these accomplishments, her pre- standing athletic achievement and praise climax in the Holocaust during World War II, mier role was principal of the Peace Corps El- Head Coach Chuck Wilbur, Assistant Coaches the AJC was one of the first organizations to ementary School which has been named in Mike Villano, Joe Villano, and Chris Brim on bring the issue to the forefront by lobbying po- her honor. their team’s success. I look forward to the litical leaders, the international community, Mr. Speaker, just as she was not an ordi- 2007 season when the Lazers take the field to and appealing to the media. nary campaign manager, entrepreneur or defend their national title.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.005 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E967 No. 1, Brooks Robinson; No. 2, Ryan, Boda; unteers throughout the VA system of 154 fa- Mr. Miranda’s life is the personification of No. 3, Dan Casciano; No. 4, Mike Difusco; No. cilities. the American Dream and a testament to the 5, John Tysco; No. 6, Lee Nanticoke; No. 7, A retired Navy chief petty officer, Harriett love Cubans share for Cuba. Mr. Miranda’s Brendan Storrier; No. 8, Kent Squires Hill; No. has dedicated much of her life to serving vet- dedication and ability allowed him to leave his 9, Stefan Schroder; No. 10, Nick Gatto, cap- erans. Aside from the many hours she de- mark on two countries. He witnessed Don tain; No. 11, Isaiah Kicknosway; No. 12, Pat votes in the Tennessee Valley Healthcare Larsen’s perfect game in the 1956 World Se- Shanahan; No. 13, Kevin Bucktooth, Jr., cap- System, she has also served many years as ries. He captured the athletic eloquence of tain; No. 14, David Cougler; No. 15, Mike WAVES national representative on the United Mohammed Ali in his prose. An entire commu- Tracy; No. 16, Dave Maldonado; No. 17, Sid Tennessee Veterans Association and on the nity opened their newspapers to read his ac- Smith, captain; No. 18, Matt Myke; No. 19, Nashville-Davidson County Veterans Coordi- count of the sporting events of the day. And Craig Point; No. 20, P.J. Motondo; No. 21, nating Council. later we relied on his column to recall the Adam Orlandella, captain; No. 22, Jay Harriett serves as a voice for our veterans. glory of the Cuban Republic. He became an Tranello; No. 24, Mike Diglio; No. 25, Rich I know I can count on Harriett to keep me in- integral part of the Cuban and the larger Herrig; No. 26, A.J. Vaughn; No. 27, Casey formed about the issues that concern Ten- South Florida community. Miami-Dade County Fellows; No. 28, Josh Groth; No. 29, Pat nessee veterans, and I also know that if there celebrated his 50th anniversary in journalism Dimatteo; No. 30, Kris Frier; No. 31, Scott is an opportunity to assist or recognize vet- by declaring a ‘‘Fausto Miranda Day,’’ on De- Herrig; No. 33, Devin Rookey; No. 34, Pat erans, Harriett will be ready and willing to par- cember 12, 1992. Mr. Miranda’s remarkable Shiel; No. 35, Brandon Novak; No. 36, Nick ticipate. life and columns will inspire generations to Sigona; No. 38, Cody Jamieson; No. 39, In fact, on Sunday, May 28, at the Middle come. Adam Clark; No. 40, Ross Bucktooth. Tennessee State Veterans Cemetery, Harriett I will forever remember the great Fausto Mi- f will be conducting the ‘‘For Whom the Bell randa! Tolls’’ ceremony, which includes reading the RECOGNIZING ANDREW MICHAEL names of the 350 veterans buried there since f GRACE FOR ACHIEVING THE last Memorial Day. PERSONAL EXPLANATION RANK OF EAGLE SCOUT Harriett, I wish you well in your future endeavors, and I thank you for your dedication to HON. SAM GRAVES serving our Nation’s veterans. HON. VERNON J. EHLERS OF MICHIGAN OF MISSOURI f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HONORING THE LATE FAUSTO Thursday, May 25, 2006 Thursday, May 25, 2006 MIRANDA Mr. EHLERS. Mr. Speaker, my vote for roll- Mr. GRAVES. Mr. Speaker, I proudly pause call No. 168 on the amendment offered by to recognize Andrew Michael Grace, a very HON. LINCOLN DIAZ-BALART Representative CHABOT to H.R. 5386, was re- special young man who has exemplified the OF FLORIDA corded as a ‘‘no.’’ This vote does not reflect finest qualities of citizenship and leadership by IN THE HOUSE OF REPRESENTATIVES my intent to have my vote recorded as an taking an active part in the Boy Scouts of Thursday, May 25, 2006 ‘‘aye.’’ America, Troop 376, and in earning the most Mr. LINCOLN DIAZ-BALART of Florida. Mr. prestigious award of Eagle Scout. Speaker, I rise today to recognize the loss of f Andrew has been very active with his troop, an exceptional member of my community, the RECOGNIZING JEREMY CHRIS- participating in many Scout activities. Over the beloved Fausto Miranda. On Tuesday, May TOPHER WOOD FOR ACHIEVING many years Andrew has been involved with 9th, Mr. Miranda, the renowned Cuban sports THE RANK OF EAGLE SCOUT Scouting, he has not only earned numerous reporter, passed away at the age of 91. merit badges, but also the respect of his fam- He was born on July 4, 1914 in the Cuban ily, peers, and community. eastern city of Puerto Padre. He was forced to HON. SAM GRAVES Andrew has served in the leadership posi- work odd jobs to survive. He worked as a OF MISSOURI tions of den chief, patrol leader, and troop street salesman, notary clerk, prison guard, IN THE HOUSE OF REPRESENTATIVES guide, among others. He served on the staff of band manager, janitor and a variety of other Thursday, May 25, 2006 the H. Roe Bartle Scout Reservation in the jobs. It was Mr. Miranda’s resilience that en- summers of 2004 and 2005, while being ele- abled him to overcome the many obstacles he Mr. GRAVES. Mr. Speaker, I proudly pause vated to runner in the Tribe of Mic-O-Say. For faced throughout this life. to recognize Jeremy Christopher Wood, a very his Eagle Scout project, Andrew planned and After arriving in Havana in 1933, he began special young man who has exemplified the supervised the renovation of railings, lamp his life long contribution to journalism. Mr. Mi- finest qualities of citizenship and leadership by posts, and light fixtures at the Second Baptist randa worked with several Cuban news- taking an active part in the Boy Scouts of Church in Liberty, MO. papers: Informacio´n, EI Crisol, Alerta and America, Troop 395, and in earning the most Mr. Speaker, I proudly ask you to join me in Diario de la Marina and he was a fixture on prestigious award of Eagle Scout. commending Andrew Michael Grace for his the radio. Soon after the arrival of the com- Jeremy has been very active with his troop, accomplishments with the Boy Scouts of munist dictatorship, Mr. Miranda sought polit- participating in many Scout activities. He has America and for his efforts put forth in achiev- ical asylum in New York. For fifteen years, he served as a patrol leader and assistant senior ing the highest distinction of Eagle Scout. worked as a doorman. However, Mr. Miranda patrol leader and achieved the rank of Broth- f did not abandon his commitment to journalism. erhood in the Order of the Arrow and Warrior He simultaneously started working for the well in the Tribe of Mic-O-Say. Over the many HONORING HARRIETT HOWARD’S known newspaper La Prensa. years Jeremy has been involved with scouting, SERVICE TO TENNESSEE VET- In 1975, Mr. Miranda moved to Miami. A he has not only earned numerous merit ERANS year later, he reached a high point in his ca- badges, but also the respect of his family, reer by founding the sports pages of EI Nuevo peers, and community. HON. BART GORDON Herald. Subsequently, he managed the sports For his Eagle Scout Service Project, Jeremy OF TENNESSEE department of the Miami Herald/EI Nuevo Her- designed and directed the installation of two IN THE HOUSE OF REPRESENTATIVES ald for close to twenty years. specially designed firepit shelters at the Heart- After his retirement in 1995, Mr. Miranda land Presbyterian Youth Camp in Platte Coun- Thursday, May 25, 2006 was known for his famous column ‘‘You are ty. These shelters protect the firewood that is Mr. GORDON. Mr. Speaker, today I rise to old, truly old, if.’’ In his last year, although he used by the campers and visitors to have fun honor Harriett Howard for her extraordinary was very weak due to multiple respiratory and campfires while delivering their youth-oriented service to Tennessee veterans. Harriett was cardiac complications, the legendary writer programs. recently named the 2006 Female Volunteer of submitted his weekly column every Monday. Mr. Speaker, I proudly ask you to join me in the Year at the U.S. Department of Veteran The Monday before he passed away was no commending Jeremy Christopher Wood for his Affairs Voluntary Service National Advisory exception. His passion and dedication for jour- accomplishments with the Boy Scouts of Committee’s Annual Meeting in Sparks, NV. nalism, sports and Cuba, were unwavering America and for his efforts put forth in achiev- Harriett was selected out of 94,000 active vol- even throughout his deteriorating health. ing the highest distinction of Eagle Scout.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.009 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E968 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 HONORING THE CONTRIBUTIONS tions and thanks to Ms. Abraham on the re- TRIBUTE TO HARRISBURG HIGH OF MS. GLADYS ADINA ABRAHAM naming of the Kirwan Terrace School in her SCHOOL BULLDOGS BOYS TRACK honor. TEAM HON. DONNA M. CHRISTENSEN OF THE VIRGIN ISLANDS f HON. JOHN SHIMKUS IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS MILITARY CONSTRUCTION, MILI- Thursday, May 25, 2006 IN THE HOUSE OF REPRESENTATIVES TARY QUALITY OF LIFE AND Thursday, May 25, 2006 Mrs. CHRISTENSEN. Mr. Speaker, I rise VETERANS AFFAIRS APPROPRIA- today to congratulate Ms. Gladys Adina Abra- TIONS ACT, 2007 Mr. SHIMKUS. Mr. Speaker, I rise today to ham on the most special and significant occa- honor Harrisburg High School Bulldogs Boys sion of the renaming of the Kirwan Terrace Track Team. The Bulldogs won their Sectional School in her honor. SPEECH OF Track Meet on May 19, 2006 by a substantial When historians look at the success story of margin. the U.S. Virgin Islands in the 20th century— HON. MARK UDALL Continuing their tradition of success, this is from islands purchased for $25 million in 1917 OF COLORADO the Bulldogs’ seventh consecutive team sec- and said to be not worth the price, and its la- tional track title. The Bulldogs finished first in beling as a ‘‘poorhouse’’ by a visiting Presi- IN THE HOUSE OF REPRESENTATIVES the 4 x 100 relay, 100 meter dash, 4 x 200 dent, to the modern thriving American Carib- Friday, May 19, 2006 relay, 400 meter dash and 4 x 400 relay. The bean metropolis, with its urban center and Bulldogs team members also had many per- suburbs, a thriving middle class and a univer- The House in Committee of the Whole sonal best times. sity fulfilling its function for more than 40 years House on the State of the Union had under It is my pleasure to congratulate Coach Clint as one of the magnets and engines for socio- consideration the bill (H.R. 5385) making ap- Simpson and the Bulldogs Track Team which economic progress in the region—the heroes propriations for the military quality of life includes Alex Maddox, Brett Brachaer, Caleb who will be undoubtedly identified, are the functions of the Department of Defense, Joyner, Tony Cossette, Michael Woning, Nick 20th century Virgin Islands teachers. I am military construction, the Department of Bebout, Madison Medley, Blake Fitts, Aaron Veterans Affairs, and related agencies for amazed and inspired by their accomplish- Winters, Kyle Alexander, Luke Ragan, Dustin the fiscal year ending September 30, 2007, and ments against the odds of geographical loca- for other purposes: Moulton, Michael Muggee, Logan Cummisky, tion and lack of resources at that time and the Mitchell Berry, Jake Stevers, Nick King, John legacy they continue to create today. These Mr. UDALL of Colorado. Mr. Chairman, the Fuller, Jacob Sais, and Jeremy Martin on their educators, both men and women, on all three Military Quality of Life-Veteran’s Administration success. I wish the Bulldogs continued suc- islands that comprise the U.S. Virgin Islands appropriations bill we are voting on today is cess as they compete at the Illinois High encouraged their students to strive for the not nearly as good a bill as it should have School Athletic Association State Track and best. It is this spirit, personified by the life been. I will support it today, but I’m very dis- Field Tournament. service and contribution of Ms. Gladys Dina appointed in the Republican leadership’s prior- Again, congratulations! Abraham, which we honor. ities reflected in this legislation. f Ms. Abraham received her Bachelor of The House Armed Services Committee, on RECOGNIZING BRIAN J. SHRYOCK Science degree with a major in Elementary which I sit, authorized these projects in the au- FOR ACHIEVING THE RANK OF Education from New York University, was thorization bill that the House passed earlier EAGLE SCOUT awarded a Fulbright scholarship in 1956 to this month. The Administration budget also re- study sociology in India, and received a Mas- quested these 20 projects, all of which are ters of Arts in Psychology from Columbia Uni- HON. SAM GRAVES conventional military construction projects— versity in 1962. Like others in her generation, OF MISSOURI things like hangars, barracks and unit head- Ms. Abraham could have taken her degrees IN THE HOUSE OF REPRESENTATIVES quarters. from our islands’ educational institutions and Thursday, May 25, 2006 To try to square the military priorities funded been better remunerated elsewhere. Instead, Mr. GRAVES. Mr. Speaker, I proudly pause in this bill with the budget resolution the Re- she returned home and shared her expertise to recognize Brian J. Shryock, a very special with the children of the Virgin Islands; enlarg- publican leadership forced through the House, young man who has exemplified the finest ing their world, expanding their horizons and the Appropriations Committee used budget qualities of citizenship and leadership by tak- inspiring their pursuit of knowledge as she gimmickry to designate $507 million for 20 ing an active part in the Boy Scouts of Amer- served as teacher and later principal at Sibilly, routine military construction projects as an ica, Troop 66, and in earning the most pres- Lockhart and first at Kirwan Terrace Elemen- ‘emergency’ so that this funding would not tigious award of Eagle Scout. tary School. count against the bill’s allocation. Brian has been very active with his troop, From the inception, Ms. Abraham estab- participating in many Scout activities. Over the lished a standard of excellence in education Those in the Republican leadership concerned more about finding money for tax cuts many years Brian has been involved with with far less funding, essentially no technology scouting, he has not only earned numerous and less educational training and certifications than for our troops decided to cut these military construction projects today. Because of merit badges, but also the respect of his fam- than are required today. Her standards pro- ily, peers, and community. duced students who became governors, legis- the projects’ ‘emergency’ funding status, Re- publicans chose to strike all $507 million. Mr. Speaker, I proudly ask you to join me in lators, church, business and civic leaders. Our commending Brian J. Shryock for his accom- community owes a debt of gratitude to Ms. Regardless of whether or not they are la- plishments with the Boy Scouts of America Abraham, and others like her, who taught our beled as ‘emergency funding,’ for bookkeeping and for his efforts put forth in achieving the children well and gave them a stake in the fu- reasons, they are valid and needed projects, highest distinction of Eagle Scout. ture of the Virgin Islands. selected through long-term planning exercises f Kirwan Terrace School was originally named developed by the services, vetted through the for a former Member of Congress who was in- Administration, and requested by the Presi- HONORING CHIEF DEPUTY strumental in providing funding to build the dent. SHERIFF DELAYNE D. OTT neighborhood in which the school now sits. And while we did right to honor Congressman The fact that the Republican budget put tax HON. CHRIS CHOCOLA Kirwan—as in almost everything else we have cuts ahead of the needs of our troops strikes me as backward and wrong. These are mili- OF INDIANA received in our history—the school came IN THE HOUSE OF REPRESENTATIVES about because of the insistence and advocacy tary priorities as defined by the President of of the community; in particular, the urging of the United States, and the majority chose to Thursday, May 25, 2006 the mothers. We thank them and Ms. Abra- ignore them. They want to have it both ways— Mr. CHOCOLA. Mr. Speaker, today I rise to ham for inspiring us and generations to come. to say they support the troops, but also to be honor a dedicated protector of our community, Mr. Speaker, it is with great pride that on able to cut taxes for wealthy Americans. If this Chief Deputy Sheriff Delayne D. Ott. behalf of my family, staff and the 109th Con- isn’t a good example of how this approach Deputy Sheriff Ott joined the LaPorte Coun- gress that I extend my profound congratula- doesn’t work, I don’t know what is. ty Sheriff’s Department on January 15, 1967

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.015 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E969 and has served our community for 39 years. he explain the corps’ actions in this matter. In State Department orders that inhibited immi- He holds the record for the longest serving response, on April 26, 2005 Assistant Sec- gration of refugees to the United States. Hiram member in the history of the LaPorte County retary of the Army for Civil Works John Bingham’s action defied the Nazi war ma- Sheriff’s Department. Woodley wrote that the corps ‘‘will withdraw chine, Vichy France and his own Nation’s He has served as a sergeant, captain and and disclaim any intention to re-evaluate or State Department. Ignoring the consequences major and has held his current rank as Chief update the relevant operating procedures and of being caught, he went about his work, Deputy since January 1, 1999. He has been a manuals until all relevant litigation has con- quietly saving as many people as he could. certified Firearms instructor at the Indiana Law cluded, or the three States’ Governors reach When his superiors discovered his activities an agreement.’’ Enforcement Academy and has been the fire- in the spring of 1941, he was removed from However, Mr. Chairman, after that, the arms instructor for LaPorte County for over 30 his post and transferred to Buenos Aires. In corps did not hold to their commitment. In a years, and has shot in pistol competitions na- 1946, he resigned because of the govern- letter to Governor Bob Riley of Alabama, tionwide for the past 25 years. ment’s failure to pursue the Nazi presence in dated January 30, 2006, Assistant Secretary The LaPorte County Firearms Training Fa- Latin America. cility was dedicated in his name on Monday, Woodley stated that since the relevant litiga- May 15, 2006 for his unwavering dedication tion has concluded, the corps will now begin After learning of his father’s extraordinary and commitment to firearms training and safe- revising its manuals. This litigation, however, efforts, his son Robert Kim Bingham, began ty for LaPorte County officers. is not concluded. My understanding is that the petitioning the U.S. Postal Service in 1998 to He is also a devout family man, and he and ACF litigation has been appealed, and the issue a stamp in honor of his father. During his wife Phyllis have three children and four ACT litigation is still actively underway. that time, I was serving in the Connecticut grandchildren. Mr. Chairman, if the corps’ manuals revi- General Assembly and Robert asked me to Chief Deputy Sheriff Delayne D. Ott has sions are allowed to go forward, it will cause send a letter of support for the stamp to the shown his commitment to excellence and his great harm to the State of Alabama. We will Post Master General. I took the letter down to undying loyalty to our community and its citi- have inadequate water for drinking, power the floor during our final week of session and zens. It is my honor to stand here today as his generation, navigation, recreation, and wildlife. as we worked late into the evening every Congressman, and recognize him for his serv- For this reason, it is essential all three States member of the General Assembly signed onto ice. come to a mutual equitable water sharing that letter—representing the first time in mem- agreement. It is not appropriate for the corps ory that every member had signed a letter cir- f to unilaterally step in and decree water dis- culated for any purpose. Robert and his family ENERGY AND WATER DEVELOP- tribution without the approval of all three should take pride in the overwhelming support MENT APPROPRIATIONS ACT, States. his dream had with the people of Connecticut. With all due respect to Mr. DEAL’s concerns, 2007 It has been my honor to work with the Bing- I must ask for a ‘‘no’’ vote in the amendment. ham family and be part of the process that SPEECH OF f brought us here today. I was pleased to read HIRAM BINGHAM STAMP in a newspaper in my district that of the 21 HON. ROBERT B. ADERHOLT issues that will be released this year, the most OF ALABAMA requests came in for Hiram Bingham. I am IN THE HOUSE OF REPRESENTATIVES HON. ROB SIMMONS proud that the U.S. Postal Service has in- OF CONNECTICUT Wednesday, May 24, 2006 cluded Hiram Bingham in its tribute to Amer- IN THE HOUSE OF REPRESENTATIVES ican Diplomats. The House in Committee of the Whole House on the State of the Union had under Thursday, May 25, 2006 Last year, I had an opportunity to visit Yad consideration the bill (H.R. 5427), making ap- Mr. SIMMONS. Mr. Speaker, I rise today to Vashem, the Holocaust Martyrs’ and Heros’ propriations for energy and water develop- honor a son of Connecticut’s Second District, Remembrance Authority, in Jerusalem. Hear- ment for the fiscal year ending September 30, the district I am privileged to represent in this ing and seeing the stories of survival made 2007, and for other purposes: House. Hiram’s work even more profound for me. Mr. ADERHOLT. Mr. Chairman, I rise today The Bingham family has lived in Salem Evil is often easy to identify, yet it is often in opposition to the proposed amendment by Connecticut for many generations. I have al- difficult to oppose. To do so requires courage the gentleman from Georgia. The three States ways been impressed with the Bingham fam- and a strong moral core. Hiram Bingham had of Alabama, Georgia, and Florida have areas ily’s history of dedication to public service. both. which are dependent on the same water Hiram Bingham IV is a prime example of this sources. While I sympathize with all those dedication—only exemplified by the fact that He put his moral obligation above his career needs, the language in the bill is necessary to few people actually knew the extent of his and he put his personal safety above his ca- prevent the Corps of Engineers from inter- good work, including his own family. reer. He paid a price, but heroes are often re- fering in litigation which is meant to allocate In 1988, Hiram passed away. A few years quired to do just that. those resources in a fair way among the three after his death, one of his sons discovered a Hiram Bingham did not solicit accolades for States. bundle of documents tucked away in the attic what he had done. He did not desire to sur- Mr. Chairman, in 2005 we learned that the at the family home containing records from pass others at all cost—he desired to serve Corps of Engineers planned to revise the Hiram’s work at the U.S. State Department. others at all cost. And that is as good a defini- manuals which govern water sharing between These records revealed an untold story of tion of a ‘‘hero’’ as I have seen. three States—Alabama, Georgia, and Florida. Hiram’s courage and heroism. The corps’ ACT manual has not been revised Hiram’s family and friends knew he worked Hiram Bingham could have gone along with since it was written in 1951, even though nine for the State Department, but he rarely men- the orders that came to his desk, but he chose dams have been built and successfully oper- tioned the details of his employment. From not to. Going along is always easy. Doing the ated in the ACT Basin since then. In other 1939 to 1941, Hiram Bingham served as our right thing is often difficult. But by doing the words, there is no urgent need to revise the Nation’s vice consul in Marseilles, France. The difficult thing, Hiram Bingham is today known manuals, and doing so impacts the water sup- records in the closet revealed that while serv- as one of 11 ‘‘righteous diplomats’’ who to- ply of millions of persons in the Southeast. ing at his post Hiram helped save at least gether saved 200,000 people from the Holo- Furthermore, this matter is still in Federal 2,500 people from the Nazis, including the art- caust. Today the descendents of those court, and allowing the corps to revise these ist, Marc Chagall and Nobel Prize winning bio- 200,000 individuals total more than 1 million. manuals now will interfere with ongoing litiga- chemist Otto Meyerhoff. During these years, That is a tremendous legacy for one’s life’s tion. this courageous individual issued papers that work. Mr. Chairman, we have tried to work this gave safe passage to Jewish and non-Jewish I am pleased that this long overdue honor is issue out with the corps directly. On April 14, refugees. He also personally escorted dozens being awarded to Hiram Bingham, a ‘‘right- 2005, the entire Alabama delegation sent a of people across the border into Spain. eous diplomat’’ who put his sense of right and letter to Lt. Gen. Carl Strock, Commander of It is of no small interest that this man of wrong and his capacity to help others ahead the U.S. Army Corps of Engineers, asking that principle acted in direct opposition to official of personal considerations.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.020 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E970 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 RECOGNIZING BRETT RYAN HUNT- deaths in U.S. custody. Of those 98 deaths, lims around the world? Yes, and I do regret LEY FOR ACHIEVING THE RANK 45 are suspected or confirmed homicides. that. But one of the ways we address that is OF EAGLE SCOUT Thirty-four deaths were classified as homi- to show the world that we don’t just talk about Geneva, we enforce Geneva. . . . cides under the U.S. military’s own definition. [T]hat’s why you have these military court- HON. SAM GRAVES Human Rights First found 11 additional cases martials; that’s why you have these adminis- OF MISSOURI where the facts suggest that deaths were the trative penalties imposed upon those respon- IN THE HOUSE OF REPRESENTATIVES result of physical abuse or the harsh condi- sible because we want to find out what hap- tions of detention. In 48 cases—close to half pened so it doesn’t happen again. And if Thursday, May 25, 2006 of all the cases—the cause of death remains someone has done something wrong, they’re Mr. GRAVES. Mr. Speaker, I proudly pause officially undetermined or unannounced. At going to be held accountable.’’—U.S. Attor- to recognize Brett Ryan Huntley, a very spe- least 8 detainees, and possibly as many as ney General Alberto Gonzales, Confirmation Hearings before the Senate Judiciary Com- cial young man who has exemplified the finest 12, were tortured to death. To date, only 12 mittee, January 6, 2005. qualities of citizenship and leadership by tak- deaths have resulted in any kind of punish- ‘‘Basically [an August 30, 2003 memo] said ing an active part in the Boy Scouts of Amer- ment, and the highest punishment for a tor- that as far as they [senior commanders] ica, Troop 351, and in earning the most pres- ture-related death has been 5 months confine- knew there were no ROE [Rules of Engage- tigious award of Eagle Scout. ment. ment] for interrogations. They were still Brett has been very active with his troop, Most tellingly, no civilian official or officer struggling with the definition for a detainee. above the rank of colonel responsible for inter- It also said that commanders were tired of us participating in many Scout activities. Over the taking casualties and they [told interroga- many years Brett has been involved with rogation and detention policies or practices tors they] wanted the gloves to come Scouting, he has not only earned numerous has been charged in connection with any off. . . . Other than a memo saying that they merit badges, but also the respect of his fam- death of a detainee in U.S. custody, including were to be considered ‘unprivileged combat- ily, peers, and community. the deaths of detainees by torture or abuse. ants’ we received no guidance from them [on Mr. Speaker, I proudly ask you to join me in As retired Army Brigadier General David the status of detainees].’’— Chief Warrant commending Brett Ryan Huntley for his ac- Irvine noted in the Human Rights First report, Officer Lewis Welshofer, Testifying during complishments with the Boy Scouts of Amer- ‘‘What is unquestionably broken is the funda- his Court Martial for Death of Iraqi General mental principle of command accountability, Abed Hamed Mowhoush, January 19, 2006. ica and for his efforts put forth in achieving the Since August 2002, nearly 100 detainees highest distinction of Eagle Scout. and that starts at the very top. The Army ex- have died while in the hands of U.S. officials f ists not just to win America’s wars, but to de- in the global ‘‘war on terror.’’ According to fend America’s values. The policy and practice the U.S. military’s own classifications, 34 of ON THE NEED FOR ACCOUNT- of torture without accountability has jeopard- these cases are suspected or confirmed homi- ABILITY IN THE DETAINEE ized both.’’ cides; Human Rights First has identified an- ABUSE SCANDAL I whole-heartedly agree, which is why last other 11 in which the facts suggest death as June I joined over 170 of my colleagues in co- a result of physical abuse or harsh condi- HON. RUSH D. HOLT sponsoring HR 3003, which would establish tions of detention. In close to half the deaths an independent Commission on the Investiga- Human Rights First surveyed, the cause of OF NEW JERSEY death remains officially undetermined or un- IN THE HOUSE OF REPRESENTATIVES tion of Detainee Abuses to conduct a full, announced. Overall, eight people in U.S. cus- complete, independent, and impartial inves- Thursday, May 25, 2006 tody were tortured to death. tigation of the abuses of detainees in connec- Despite these numbers, four years since Mr. HOLT. Mr. Speaker, it’s been more than tion with Operation Iraqi Freedom, Operation the first known death in U.S. custody, only 2 years now since the world saw the infamous Enduring Freedom, or any operation within the 12 detainee deaths have resulted in punish- photographs showing prisoner abuse at Abu wider war against Al Qaeda. The Commission ment of any kind for any U.S. official. Of the Ghraib. To date, mostly junior enlisted per- would be charged with determining: (1) the ex- 34 homicide cases so far identified by the military, investigators recommended crimi- sonnel have been tried and prosecuted for tent of the abuses; (2) why the abuses oc- nal charges in fewer than two thirds, and various offenses related to detainee abuse in curred; and (3) who is responsible, and to pro- charges were actually brought (based on de- Iraq and Afghanistan. These individuals did vide recommendations for corrective action. cisions made by command) in less than half. not commit these acts in a vacuum; senior This Commission is necessary because the While the CIA has been implicated in several leaders allowed this abuse—and in several work of uncovering all of the facts in these deaths, not one CIA agent has faced a crimi- cases, deaths—to occur on their watch. That’s cases has yet to be done. This Commission nal charge. Crucially, among the worst cases not simply my opinion. It’s the judgment of must also help Congress determine why no in this list—those of detainees tortured to men like retired Rear Admiral John D. Hutson, flag-rank officers have been held accountable death—only half have resulted in punish- for the deaths and abuse that occurred on ment; the steepest sentence for anyone in- a former senior Navy Judge Advocate General volved in a torture-related death: five officer who has said ‘‘One such incident would their watch. If we are to avoid future cases of months in jail. be an isolated transgression; two would be a abuse and rebuild our reputation as a nation It is difficult to assess the systemic ade- serious problem; a dozen of them is policy.’’ that lives by the rule of law, we must air the quacy of punishment when so few have been Admiral Hutson and other senior former offi- full facts about how aggressive interrogation punished, and when the deliberations of ju- cers offered those kinds of comments, and techniques resulted in serious injury or death ries and commanders are largely unknown. their endorsement, for a report issued earlier for dozens of detainees in our custody. Nonetheless, two patterns clearly emerge: (1) this year by Human Rights First entitled Com- Mr. Speaker, the detainee abuse scandal because of investigative and evidentiary fail- has done grievous harm to our moral standing ures, accountability for wrongdoing has been mand’s Responsibility: Detainee Deaths in limited at best, and almost non-existent for U.S. Custody in Iraq and Afghanistan. I in the world, and given our terrorist enemies a command; and (2) commanders have played a strongly encourage my colleagues to take the powerful recruiting tool. We cannot allow it to key role in undermining chances for full ac- time to read at least the executive summary of happen again. I urge the House leadership to countability. In dozens of cases documented this meticulously documented 82-page report. bring H.R. 3003 to floor for an immediate vote. here, grossly inadequate reporting, inves- You can find this report on the web at: http:// Congress has allowed too much time to pass tigation, and follow-through have left no one www.humanrightsfirstinfo/pdf/06221-etn-hrf- already; we need answers, and we need to at all responsible for homicides and other dic-rep-web.pdf hold senior civilian and military leaders ac- unexplained deaths. Commanders have failed both to provide troops clear guidance, and to I would also recommend that my colleagues countable for this sorry episode. Finally, I commend Human Rights First for take crimes seriously by insisting on vig- familiarize themselves with Human Rights First orous investigations. And command respon- 2004 report, Getting to Ground Truth, which their unflagging commitment to preserving and sibility itself—the law that requires com- formed the foundation of their work on the de- protecting human rights, for the high quality of manders to be held liable for the unlawful tainee abuse issue. That report can be found their work on these issues, and for holding our acts of their subordinates about which they on the Human Rights First website at: http:// Government and its representatives account- knew or should have known—has been all www.humanrightsfirst.org/usllaw/PDF/detain- able in the court of public opinion on this criti- but forgotten. cally important issue. The failure to deal adequately with these ees/GettingltolGroundlTruthl0908.04.pdf cases has opened a serious accountability Let me take a moment to share with you [From Command’s Responsibility] gap for the U.S. military and intelligence some of the key findings from Command’s Re- I. INTRODUCTION community, and has produced a credibility sponsibility, which I am also including for the ‘‘Do I believe that [abuse] may have hurt gap for the United States—between policies RECORD. The report documents 98 detainee us in winning the hearts and minds of Mus- the leadership says it respects on paper, and

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.025 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E971 behavior it actually allows in practice. As Overlapping criminal and administrative to make sure they are in line with the statu- long as the accountability gap exists, there investigations have compromised chances for tory mandate. will be little incentive for military command accountability; Second, the President, the U.S. military, to correct bad behavior, or for civilian lead- Overbroad classification of information and relevant intelligence agencies should ership to adopt policies that follow the law. and other investigation restrictions have left take immediate steps to make clear that all As long as that gap exists, the problem of CIA and Special Forces essentially immune acts of torture and abuse are taken seri- torture and abuse will remain. from accountability; ously—not from the moment a crime be- This report examines how cases of deaths Agencies have failed to disclose critical incomes public, but from the moment the in custody have been handled. It is about formation, including the cause or cir- United States sends troops and agents into how and why this ‘‘accountability gap’’ be- cumstance of death, in close to half the cases the field. The President should issue regular tween U.S. policy and practice has come to examined; reminders to command that abuse will not exist. And it is about why ensuring that offi- Effective punishment has been too little be tolerated, and commanders should regu- cials up and down the chain of command and too late. larly give troops the same, serious message. bear responsibility for detainee mistreat- Relevant agencies should welcome inde- CLOSING THE ACCOUNTABILITY GAP ment should be a top priority for the United pendent oversight—by Congress and the States. The military has taken some steps toward American people—by establishing a central- correcting the failings identified here. Under THE CASES TO DATE ized, up-to-date, and publicly available col- public pressure following the release of the The cases behind these numbers have lection of information about the status of in- Abu Ghraib photographs in 2004, the Army names and faces. This report describes more vestigations and prosecutions in torture and reopened over a dozen investigations into than 20 cases in detail, to illustrate both the abuse cases (including trial transcripts, doc- deaths in custody and conducted multiple in- failures in investigation and in account- uments, and evidence presented), and all inability. Among the cases is that of Manadel vestigation reviews; many of these identified cidents of abuse. And the Defense and Jus- al-Jamadi, whose death became public dur- serious flaws. The Defense Department also tice Departments should move forward ing the Abu Ghraib prisoner-abuse scandal ‘‘clarified’’ some existing rules, reminding promptly with long-pending actions against when photographs depicting prison guards commanders that they were required to re- those involved in cases of wrongful detainee giving the thumbs-up over his body were report ‘‘immediately’’ the death of a detainee death or abuse. leased; to date, no U.S. military or intel- to service criminal investigators, and bar- Third, the U.S. military should make good on the obligation of command responsibility ligence official has been punished criminally ring release of a body without written au- by developing, in consultation with congres- in connection with Jamadi’s death. thorization from the relevant investigation The cases also include that of Abed Hamed agency or the Armed Forces Medical Exam- sional, military justice, human rights, and Mowhoush, a former Iraqi general beaten iner. It also made the performance of an au- other advisors, a public plan for holding all over days by U.S. Army, CIA and other non- topsy the norm, with exceptions made only those who engage in wrongdoing account- military forces, stuffed into a sleeping bag, by the Armed Forces Medical Examiner. And able. Such a plan might include the imple- wrapped with electrical cord, and suffocated the Defense Department says that it is now mentation of a single, high-level convening to death. In the recently concluded trial of a providing pre-deployment training on the authority across the service branches for allow-level military officer charged in Geneva Conventions and rules of engagement legations of detainee torture and abuse. Such Mowhoush’s death, the officer received a to all new units to be stationed in Iraq and a convening authority would review and written reprimand, a fine, and 60 days with responsible for guarding and processing de- make decisions about whom to hold respon- his movements limited to his work, home, tainees. sible; bring uniformity, certainty, and more and church. But these reforms are only first steps. independent oversight to the process of dis- And they include cases like that of Nagem They have not addressed systemic flaws in cipline and punishment; and make punishing Sadoon Hatab, in which investigative fail- the investigation of detainee deaths, or in commanders themselves more likely. ures have made accountability impossible. the prosecution and punishment of those re- Finally, Congress should at long last estab- Hatab, a 52-year-old Iraqi, was killed while sponsible for wrongdoing. Most important, lish an independent, bipartisan commission to review the scope of U.S. detention and in- in U.S. custody at a holding camp close to they have not addressed the role of those terrogation operations worldwide in the Nasiriyah. Although a U.S. Army medical leaders who have emerged as a pivotal part ‘‘war on terror.’’ Such a commission could examiner found that Hatab had died of stran- of the problem—military and civilian com- investigate and identify the systemic causes gulation, the evidence that would have been mand. Commanders are the only line be- of failures that lead to torture, abuse, and required to secure accountability for his tween troops in the field who need clear, usa- wrongful death, and chart a detailed and spe- death—Hatab’s body—was rendered unusable ble rules, and policy-makers who have pro- cific path going forward to make sure those in court. Hatab’s internal organs were left vided broad instructions since 2002 that have mistakes never happen again. The proposal exposed on an airport tarmac for hours; in been at worst unlawful and at best unclear. for a commission has been endorsed by a the blistering Baghdad heat, the organs were Under today’s military justice system, com- wide range of distinguished Americans from destroyed; the throat bone that would have manders also have broad discretion to insist supported the Army medical examiner’s find- Republican and Democratic members of Con- that investigations into wrongdoing be pur- gress to former presidents to leaders in the ings of strangulation was never found. sued, and that charges, when appropriate, be Although policing crimes in wartime is al- U.S. military. We urge Congress to act with- brought. And commanders have a historic, out further delay. ways challenging, government investigations legal, and ethical duty to take responsibility into deaths in custody since 2002 have been This report underscores what a growing for the acts of their subordinates. As the number of Americans have come to under- unacceptable. The cases discussed in this re- U.S. Supreme Court has recognized since port include incidents where deaths went un- stand. As a distinguished group of retired World War II, commanders are responsible generals and admirals put it in a September reported, witnesses were never interviewed, for the acts of their subordinates if they evidence was lost or mishandled, and record- 2004 letter to the President: ‘‘Understanding knew or should have known unlawful activ- what has gone wrong and what can be done keeping was scattershot. They also include ity was underway, and yet did nothing to investigations that were cut short as a result to avoid systemic failure in the future is es- correct or stop it. That doctrine of command sential not only to ensure that those who of decisions by commanders—who are given responsibility has yet to be invoked in a sin- the authority to decide whether and to what may be responsible are held accountable for gle prosecution arising out of the ‘‘war on any wrongdoing, but also to ensure that the extent to pursue an investigation—to rely on terror.’’ incomplete inquiries, or to discharge a sus- effectiveness of the U.S. military and intel- Closing this accountability gap will re- ligence operations is not compromised by an pect before an investigation can be com- quire, at a minimum, a zero-tolerance ap- pleted. Given the extent of the non-report- atmosphere of permissiveness, ambiguity, or proach to commanders who fail to take steps ing, under-reporting, and lax record keeping cofusion. This is fundamentally a command to provide clear guidance, and who allow un- to date, it is likely that the statistics re- responsibility.’’ It is the responsibility of lawful conduct to persist on their watch. ported here, if anything, under-count the American leadership. Zero tolerance includes at least this: number of deaths. f Among our key findings: First, the President, as Commander-in- Commanders have failed to report deaths Chief, should move immediately to fully im- TRIBUTE TO SAMANTHA FANG of detainees in the custody of their complement the ban on cruel, inhuman and demand, reported the deaths only after a pe- grading treatment passed overwhelmingly by the U.S. Congress and signed into law on De- HON. ZOE LOFGREN riod of days and sometimes weeks, or ac- OF CALIFORNIA tively interfered in efforts to pursue inves- cember 30, 2005. Full implementation re- IN THE HOUSE OF REPRESENTATIVES tigations; quires that the President clarify his commit- Investigators have failed to interview key ment to abide by the ban (which was called Thursday, May 25, 2006 into question by the President’s statement witnesses, collect useable evidence, or main- Ms. ZOE LOFGREN of California. Mr. tain evidence that could be used for any sub- signing the bill into law). It also requires the sequent prosecution; President to instruct all relevant military Speaker, I rise today to recognize Samantha Record keeping has been inadequate, fur- and intelligence agencies involved in deten- Fang for her selection as a Presidential Schol- ther undermining chances for effective inves- tion and interrogation operations to review ar in the Arts for 2006, our Nation’s highest tigation or appropriate prosecution; and revise internal rules and legal guidance honor for graduating high school artists.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.029 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E972 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 Samantha was selected as one of the 20 much of his personal time to the charitable or- the Congressman’s office. Are my honorable Presidential Scholars in the Arts this year for ganization Big Brothers of Greater Los Ange- colleagues suggesting that members of Con- her success and accomplishments as a clas- les. He spent many years as a big brother to gress or the institution itself should be treated sical pianist. She was selected for this honor Sean Wall, imparting his wisdom and leader- differently in the eyes of the law than those by virtue of being a national Finalist in the ship skills onto the next generation. who hold the most important position in Amer- NFAA Arts Recognition and Talent Search John was highly admired by the labor com- ica—that of ‘‘citizen’’? I hope not. (ARTS) program, a program in which 6,524 munity and policy-makers alike for his efforts f high school students applied to in 2006. to improve the lives of working families, and HONORING JUNE KENYON ON HER Samantha and her fellow Presidential Scholars for his warm personality and generous spirit. RETIREMENT, HEAD OF CASE- in the performing arts will be featured in a John was a selfless leader, who dedicated WORK, CONROE DISTRICT OFFICE showcase performance during the Salute to himself completely to his craft, his union and the Presidential Scholars at the John F. Ken- all those who looked to him for support and nedy Center for the Performing Arts. guidance. HON. KEVIN BRADY Samantha, who will graduate as valedic- Mr. Speaker, it is with heartfelt sorrow, yet OF TEXAS torian of The Harker School in Sunnyvale this great admiration and appreciation, that I ask IN THE HOUSE OF REPRESENTATIVES June, began her piano studies at the age of 5. my colleagues to join me today in saluting Thursday, May 25, 2006 Currently, she is enrolled in the Preparatory John C. Hall. May his generosity and dedica- Mr. BRADY of Texas. Mr. Speaker, I rise Division at the San Francisco Conservatory of tion to improving conditions for working fami- today to honor June Kenyon upon her retire- Music, where she was named an ‘‘Honorary lies be remembered and carried on by those ment from my district office staff. Distinction’’ student, the highest award pre- of us who were fortunate enough to call him Beginning in 1997 when I first took office, sented by the Preparatory Division. Addition- ‘‘friend.’’ June Kenyon brought to the field office in ally, Samantha was named the California state f Humble, Texas her wealth of knowledge and winner of the 2005 MTNA (Music Teachers experience gleaned from working for my pred- National Association) Senior Piano Competi- RECOGNIZING KYLE THOMAS KING ecessor, the Honorable Jack Fields. Not only tion, has performed in the Weill Hall at Car- FOR ACHIEVING THE RANK OF did June sign on as Office Manager but took negie Hall as winner of the Russian-American EAGLE SCOUT on the role of Head of Casework to help con- International Festival and will be broadcast as stituents. I was blessed to have June’s exper- a soloist on WQXR radio’s Young Artist’s HON. SAM GRAVES tise and long record of commitment to con- Showcase this June. OF MISSOURI stituents in helping me confront the challenges I am proud to stand here today to recognize IN THE HOUSE OF REPRESENTATIVES of being a newly elected Congressman. Samantha for her accomplishments as an ex- For the next 9 years, June excelled at her Thursday, May 25, 2006 ceptional artist and student. I urge Samantha roles and increased her knowledge of the to continue to take an interest in the per- Mr. GRAVES. Mr. Speaker, I proudly pause inner workings of Federal agencies to the forming arts, as artistic and creative innovation to recognize Kyle Thomas King, a very special point that some even invited her to brief their is a crucial component of America’s cultural young man who has exemplified the finest staffs on the intricacies of casework with Con- fabric, and I wish her the best of luck as she qualities of citizenship and leadership by tak- gressional offices. continues her education at Harvard this fall. ing an active part in the Boy Scouts of Amer- June’s command of the system and suc- f ica, Troop 351, and in earning the most pres- cessful resolution of thousands of cases are a tigious award of Eagle Scout. tribute to her professionalism and relentless- IN HONOR OF JOHN C. HALL, SEP- Kyle has been very active with his troop, ness in serving the residents of the 8th Con- TEMBER 15, 1953–FEBRUARY 25, participating in many scout activities. Over the gressional District. 2006 many years Kyle has been involved with Extremely hard-working, painstakingly fair, Scouting, he has not only earned numerous exceedingly knowledgeable—these are quali- HON. XAVIER BECERRA merit badges, but also the respect of his fam- ties June has not only honed but put at the OF CALIFORNIA ily, peers, and community. disposal of constituents as she advocates for IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I proudly ask you to join me in them and resolves difficult issues. But it was commending Kyle Thomas King for his accom- in the challenges faced by our constituents in Thursday, May 25, 2006 plishments with the Boy Scouts of America the aftermath of Hurricane Rita this past fall Mr. BECERRA. Mr. Speaker, I rise today and for his efforts put forth in achieving the that June’s abilities shown brightly as she led with profound sadness to pay tribute to Mr. highest distinction of Eagle Scout. the efforts to resolve quickly and systemati- John Hall, a dear friend, a devoted community f cally over 1,000 claims for expedited assist- leader and a passionate champion for Amer- ance from FEMA. Working long hours, inter- ica’s working men and women, who passed CONGRESS REAPS WHAT IT SOWS facing with local officials and aid agencies, away suddenly of heart failure on the evening June contributed significantly to the ability of of Saturday, February 25, 2006. He was the HON. C. L. ‘‘BUTCH’’ OTTER Southeast Texans to survive the aftermath of loving son of Joann Hall and the devoted fa- OF IDAHO this devastating storm and begin the recovery ther of his only child, Katrina Susan Hall. IN THE HOUSE OF REPRESENTATIVES process. Born September 15, 1953, in Los Angeles, While June has always been a diligent staff- Thursday, May 25, 2006 John was a lifelong Angeleno devoted to his er, the last 18 months have created personal family, his trade and his community. He began Mr. OTTER. Mr. Speaker, there has been challenges for her, including a long commute his career as an apprentice plumber in 1980 an awful lot of talk the last few days about the to Conroe after redistricting led to closing the with the United Association of Plumbers Local FBI’s Saturday night raid on the office of a Humble office. The redistricting also meant 78 in Los Angeles. John quickly mastered the Democrat U.S. Congressman. It’s tough for serving a different and larger geographic area. skills of a journeyman plumber and became me to get too excited about the howls of pro- June did not miss a beat in adapting to the an active member of UA Plumbers Local 78. test from members of Congress. I understand new conditions, including participating in the While working at his trade during the day, he their concerns about protecting the independ- Mobile Office taking caseworkers to constitu- donated his time as a plumbing instructor at ence of the legislative branch and possible ents in the small towns of East Texas. night at the union’s training center. John even- abuse of executive powers. But it makes me In the years I have worked with June, I have tually worked his way up to Business Manager wonder: Where were these voices of outrage come to know a committed Republican activist of Local 78 in 1995, a position from which he and righteous indignation when we learned the and a woman of broad and varied interests advocated for the preservation of pensions executive branch was monitoring the tele- which I hope she will pursue in the time af- and health coverage for working people. John phone conversations of ordinary Americans? forded by retirement. From her native New was also known for his civic participation, Where were they when the executive branch York, June brought with her to the Houston serving honorably on the Contractors State Li- sought, and the USA PATRIOT ACT granted, area, a distinctive Long Island accent and a censing Board following his appointment by more power to search the homes and busi- deep-seated love of music. Although she has Governor Gray Davis. nesses of ordinary Americans without notifica- yet to sing for our staff, June has shared with It was fitting with John’s generous character tion? At least we know there was a legitimate us reminiscences as varied as singing clas- and sense of responsibility that he volunteered warrant issued by a judge for the search of sical music at Carnegie Hall and the blues at

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.032 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E973 unnamed, smoke-filled venues. A lover of IN HONOR OF MARSHALL’S saved tin cans for reprocessing, and even pur- opera, she has long been a subscriber to the SESQUICENTENNIAL CELEBRATION chased war bonds. Farmers also began to Houston Grand Opera and Opera in the clear land for cattle production and timber har- Heights. HON. MARION BERRY vesting. These two industries now contribute Mr. Speaker, I know you join with me in OF ARKANSAS heavily to Marshall’s local economy. saying ‘‘thank you’’ and ‘‘job well done’’ to IN THE HOUSE OF REPRESENTATIVES Marshall has always been a town of citizens June Kenyon for her years of loyal service to who pull together during tough times to im- Thursday, May 25, 2006 Congressman Jack Fields and myself, but prove its schools, help businesses grow, and most of all to the people of Southeast Texas Mr. BERRY. Mr. Speaker, I rise today to attract new development to the region. The whom she has served with distinction. pay tribute to the town of Marshall in Searcy town now boasts a population of 1,313 citi- County, Arkansas, which will celebrate its zens and is home to the Ozark National For- f 150th anniversary this year. This is a signifi- est and the Buffalo National River. Known for cant milestone for the community and for all its beauty, tourists visit the mountainous re- INTRODUCTION OF REFUGEES who helped shape the town’s history. gion year-round to participate in a variety of FROM ARAB LANDS RESOLUTION Marshall was established in 1856, after Na- popular recreational activities. tive Americans roamed the land for centuries. On June 3, 2006, friends and residents of HON. ILEANA ROS-LEHTINEN The Osage tribe used the land for hunting and Marshall will gather to celebrate 150 years of gathering in the 18th century and then sold OF FLORIDA history. I ask my colleagues to join me in con- their claim to the United States government. gratulating Marshall, Arkansas on this signifi- IN THE HOUSE OF REPRESENTATIVES Nine years later, the government set aside the cant milestone. We send our appreciation to Thursday, May 25, 2006 land as a reservation for the Cherokee Indi- the town’s citizens for years of hard work and Ms. ROS-LEHTINEN. Mr. Speaker, today, I ans. dedication to their community, and wish Mar- introduced a legislation acknowledging as ref- By the mid-1800’s, the Cherokees traveled shall many more years as a wonderful place ugees Jewish, Christian and other minorities west and Littleton Baker, J.W. Gray, and Jack to live and raise a family. that fled from Arab lands. Marshall were appointed to select a site for f the new county seat of Searcy County. They This measure serves to recognize major his- originally named this location Burrowsville in THANKS TO ALLEN L. THOMPSON torical events, sheds light on other refugee honor of N.B. Burrow, a local citizen, but 11 populations that are often forgotten in discus- years later changed the name to Marshall in sions relating to Middle East peace, and un- HON. BENNIE G. THOMPSON honor of the former U.S. Supreme Court Chief derscores the need to address this issue in a OF MISSISSIPPI Justice John Marshall. The town was eventu- comprehensive, balanced manner in order to IN THE HOUSE OF REPRESENTATIVES ally incorporated on January 13, 1884. resolve the conflict that currently exists in the Thursday, May 25, 2006 Marshall played an important role during the Middle East. War Between the States, becoming a hub of Mr. THOMPSON of Mississippi. Mr. Speak- It is imperative that the world knows about activity for both Confederate and Northern er, I rise today to thank Allen L. Thompson, the displacement, which was spurred by ethnic forces after Arkansas seceded from the Union Senior Professional Staff of the Committee on and religious persecution, of Jewish, Christian on May 6, 1861. Both Confederate and Union Homeland Security, for his dedication and and other minorities living in the Middle East, companies organized in the area, participating service to Congress and our Nation. As the North Africa, and the Persian Gulf region. in the battles of Shiloh, Pea Ridge, Pine Bluff, Ranking Member of the Committee, I speak For too long the world has failed to recog- and Devil’s Backbone. for the entire Committee when I say he will be nize the oppression, human rights violations, The town worked hard to recover and re- missed when he leaves the Hill at the end of forced expulsion, and deprivation of assets build in the decades following the war. Mar- this month. these communities had to endure under Arab shall established its first school district, con- Al was one of the original Democratic staff- regimes. structed the Marshall Academy in 1888, and ers of the Select Committee on Homeland Se- It is essential that the plight of these com- built a new courthouse in 1889. Agriculture curity, the predecessor of the now-permanent munities from Arab countries be integrated production dominated the economy in Searcy Committee. During the past 3 years, he has into discussions toward any agreement re- County, with cotton and corn ranking as the been one of the ‘‘best and the brightest’’ work- garding the issue of refugees. primary agricultural products. The community ing to secure our homeland and protect our even established the Mountain Wave news- communities. A Coast Guard Academy grad- f paper in 1890 which continues to inform resi- uate, Al brought a unique perspective and dis- RECOGNIZING TROY VINCENT dents on the latest local and national news. cipline to the Committee. SHOEMAKER FOR ACHIEVING The town enjoyed great prosperity during With his expertise and knowledge of port THE RANK OF EAGLE SCOUT these early years. The Marshall Bank was es- security, supply chain policy, and the Coast tablished in 1901 and the town’s first tele- Guard, Al has certainly been a key member of phone system was constructed in 1902. The the House’s homeland security team. This HON. SAM GRAVES town’s first flour mill came around the turn of Congress, Al has served as the Coordinator OF MISSOURI the century, quickly followed by its first stave for Ranking Member LORETTA SANCHEZ on the IN THE HOUSE OF REPRESENTATIVES mill in 1909. The community built a new Subcommittee on Economic Security, Infra- structure Protection, and Cybersecurity. Rep- Thursday, May 25, 2006 school building known as ‘‘Old Main’’ in 1910 and completed the first all-weather road be- resentative SANCHEZ has this to say about Al, Mr. GRAVES. Mr. Speaker, I proudly pause tween Marshall and Harriet in 1916. ‘‘During my nearly 10 years in the House of to recognize Troy Vincent Shoemaker, a very Although the first few decades of the 20th Representatives, I’ve run across very few peo- special young man who has exemplified the century were a time of growth for Marshall, the ple with the level of professionalism and deco- finest qualities of citizenship and leadership by combination of World War I, the Great Depres- rum matching that of Al Thompson. As the liai- taking an active part in the Boy Scouts of sion, and serious flooding led to difficult times son assigned to assist me with my work as America, Troop 351, and in earning the most for the community’s residents. The population Ranking Member of this subcommittee, Al’s prestigious award of Eagle Scout. began to decline and those living off the land expertise and Coast Guard background was Troy has been very active with his troop, struggled to maintain a decent livelihood. For- invaluable in helping me forward the Demo- participating in many Scout activities. Over the tunately, many of Searcy County’s residents cratic agenda of this young Committee, par- many years Troy has been involved with joined the Civilian Conservation Corps, CCC, ticularly in the area of port security. He will be scouting, he has not only earned numerous and the National Youth Administration, NYA, sorely missed by those of us who had the merit badges, but also the respect of his fam- where they could earn a decent wage. One of pleasure of working with him.’’ ily, peers, and community. the NYA’s projects was to construct a gym- Former Representative Jim Turner, who Mr. Speaker, I proudly ask you to join me in nasium in Marshall in 1936. served as the Ranking Member of the Select commending Troy Vincent Shoemaker for his Marshall and its surrounding communities Committee during the 108th Congress, sent accomplishments with the Boy Scouts of pulled together during these challenging times, me the following comments when he heard of America and for his efforts put forth in achiev- emerging stronger than before. Families in Al’s departure: ‘‘When Al first joined the Select ing the highest distinction of Eagle Scout. Marshall made victory gardens during WWII, Committee in June 2003, I knew he came for

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.036 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E974 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 the right reason—his deep commitment to versity in 1981 and earned his teaching cre- bilk another $122 million from Washington making America safer. From his experience as dentials and his bachelor of art’s degree in State consumers. a member of the United States Coast Guard history from San Francisco State in 1987. His Enron argues that they deserve a fee for the he knew this task must be accomplished over wife, Angela, is also a teacher at Carle Con- termination of their contract for electricity that and over again every day by the men and tinuation High School and has been awarded they never delivered to Snohomish Public Util- women serving on the front lines of our home- Lake County’s 2006 Teacher of the Year. ity District, SnoPUD. Snohomish PUD’s con- land. For Al, homeland security was not a the- Mr. Speaker, it is appropriate that we take tention is that because the power was never oretical debate; it was a day to day passion.’’ this time to honor Mr. Alan Siegel as Califor- delivered, and because these contracts with Now, as someone who has been married 38 nia’s 2005 Teacher of the Year and to thank Enron were entered into when the company years, I know that I would be remiss if I didn’t him for his unwavering dedication to the stu- was illegally manipulating the electricity market thank Becca, Al’s wife. She and their two dents of Lake County. I wish Alan the best in to inflate rates, these contracts are invalid. sons, Tyson Allen and Hunter Gregory, have all his future endeavors. Mr. Chairman, my amendment to the fiscal been as much a part of our Committee family f year 2007 Energy and Water Appropriations as Al has. I personally want to thank Becca for Act would prohibit the FERC from enforcing her service to the Nation by lending us Al for RECOGNIZING SEAN ADAMS any decision that deems a termination pay- long hours and late nights over the past 3 LOGAN HEARD FOR ACHIEVING ment is due to Enron from SnoPUD during fis- years, even with two young boys at home. THE RANK OF EAGLE SCOUT cal year 2007. It’s Congress’s responsibility to From what I’ve seen, by the way, there is no ensure protection for consumers like those question that those boys will follow in their fa- HON. SAM GRAVES being served by Snohomish PUD from compa- ther’s footsteps and play college ball and OF MISSOURI nies like the Enron Corporation. With this maybe, if Al has his way, join his beloved IN THE HOUSE OF REPRESENTATIVES amendment, Congress will be deciding to Steelers one day. stand with Enron, or stand with ratepayers. Thursday, May 25, 2006 In sum, I want to thank Al Thompson for the caliber of service and patriotism he has dedi- Mr. GRAVES. Mr. Speaker, I proudly pause f cated to Congress, the Committee of Home- to recognize Sean Adams Logan Heard, a IN HONOR OF MONTEREY HISTORY land Security, and the Nation. very special young man who has exemplified AND ART ASSOCIATION f the finest qualities of citizenship and leadership by taking an active part in the Boy Scouts RECOGNIZING MR. ALAN SIEGEL of America, Troop 351, and in earning the HON. SAM FARR OF LAKE COUNTY, CA most prestigious award of Eagle Scout. OF CALIFORNIA Sean has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES HON. MIKE THOMPSON participating in many Scout activities. Over the Thursday, May 25, 2006 OF CALIFORNIA many years Sean has been involved with Mr. FARR. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Scouting, he has not only earned numerous honor the Monterey History and Art Associa- Thursday, May 25, 2006 merit badges, but also the respect of his fam- tion on its 75th anniversary. During those 75 ily, peers, and community. Mr. THOMPSON of California. Mr. Speaker, years, it has played a crucial role in preserving Mr. Speaker, I proudly ask you to join me in the colorful heritage of California’s first Capital I rise today to honor Mr. Alan Siegel of Lake commending Sean Adams Logan Heard for County, CA, as California’s 2005 Teacher of by protecting the historic buildings, artifacts his accomplishments with the Boy Scouts of and mementos of the people who made Mon- the Year. America and for his efforts put forth in achiev- For nearly 20 years, Alan has been edu- terey County their home. ing the highest distinction of Eagle Scout. MHAA’s diligence has resulted in the res- cating and challenging the minds of the chil- f dren of California’s First Congressional Dis- toration and safeguarding of many elements of trict. He has served at Mount Vista Middle ENERGY AND WATER DEVELOP- Monterey’s past, including ownership of Casa School, Oak Hill Middle School and is cur- MENT APPROPRIATIONS ACT, Serrano, the Fremont Adobe, Perry-Downer rently teaching at Carle Continuation High 2007 House, Doud House and the Mayo Hayes School in the Konocti Unified School District. O’Donnell Library, as well as the Maritime and At Carle Continuation High School, Alan has SPEECH OF History Museum, all of which have contributed played a positive and influential role in the HON. JAY INSLEE to Monterey’s reputation as the best-preserved lives of these young adults, not only as a city in the West. OF WASHINGTON teacher but as a mentor. Alan is the leading The Monterey Peninsula represents a diver- IN THE HOUSE OF REPRESENTATIVES force in the social studies department, teach- sity of cultures, communities and creative ing U.S. history, civics and economics. He has Wednesday, May 24, 2006 ideals. As cultural tourism increasingly be- also dedicated his time to educating his stu- comes a leading inducement for visitors, The House in Committee of the Whole MHAA’s efforts serve to provide important dents in the field of computers and tech- House on the State of the Union had under nology. consideration the bill (H.R. 5427), making ap- economic benefits to the Monterey Peninsula. Mr. Speaker, Alan’s commitment to bettering propriations for energy and water develop- Mr. Speaker, it gives me great pleasure to Lake County extends beyond the classroom. ment for the fiscal year ending September 30, congratulate the Monterey History and Art As- He has become an active member of our com- 2007, and for other purposes: sociation for its 75 years of protecting the her- munity, volunteering each year to organize the Mr. INSLEE. Mr. Chairman, I rise today to itage of California’s first Capital, and I com- Lower Lake Memorial Day Parade. He also offer an amendment to the fiscal year Energy mend its efforts in the preservation of the volunteers his time to place American flags on and Water appropriations bill which would stop buildings and mementos of the cultures that the graves of veterans in the Lower Lake Enron from once again cheating northwest have contributed to making Monterey the mag- Cemetery to honor those who risked their lives consumers. I have worked with my colleagues nificent historic City that it is. to protect our country. and with Snohomish Public Utility District, f Mr. Speaker, Alan is one of 5 teachers se- SnoPUD, to ensure that the Federal Energy lected as California’s 2005 Teacher of the Regulatory Commission plays fair in the case RECOGNIZING ROBERT ALAN WIL- Year. He is also the first ‘‘continuation school’’ between Enron Power Marketing Inc. and BUR FOR ACHIEVING THE RANK teacher to be awared this honor. After receiv- SnoPUD. For too long, Enron has been OF EAGLE SCOUT ing this award, Alan traveled around the world harassing utilities for termination fees through to talk with educators and learn about different the FERC administrative litigation system. HON. SAM GRAVES approaches to education. Last summer, Alan The Enron Corporation has already wronged OF MISSOURI traveled to Japan for 12 days where he visited consumers through its manipulation of the en- IN THE HOUSE OF REPRESENTATIVES several schools, including a continuation ergy market during the energy crisis of 2001. school and lived with a Japanese family for 3 It wasn’t bad enough that Enron already col- Thursday, May 25, 2006 days. lected an astonishing $1.8 billion through their Mr. GRAVES. Mr. Speaker, I proudly pause Alan graduated with a bachelor of art’s de- market-manipulation schemes, including mil- to recognize Robert Alan Wilbur, a very spe- gree in psychology from Michigan State Uni- lions from SnoPUD. Today, Enron is trying to cial young man who has exemplified the finest

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.041 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E975 qualities of citizenship and leadership by tak- TRIBUTE TO VETERANS ON rollcall No. 200, I would have voted ‘‘no’’; On ing an active part in the Boy Scouts of Amer- MEMORIAL DAY rollcall No. 201, I would have voted ‘‘no’’; On ica, Troop 351, and in earning the most pres- rollcall No. 202, I would have voted ‘‘no’’; On tigious award of Eagle Scout. HON. DANIEL E. LUNGREN rollcall No. 203, I would have voted ‘‘aye’’; On rollcall No. 204, I would have voted ‘‘no’’; On Robert has been very active with his troop, OF CALIFORNIA rollcall No. 205, I would have voted ‘‘no’’; On participating in many Scout activities. Over the IN THE HOUSE OF REPRESENTATIVES rollcall No. 206, I would have voted ‘‘aye.’’ many years Robert has been involved with Thursday, May 25, 2006 f Scouting, he has not only earned numerous Mr. DANIEL E. LUNGREN of California. Mr. merit badges, but also the respect of his fam- Speaker, Memorial Day weekend offers many HONORING HILARI COHEN ily, peers, and community. Americans the opportunity to spend much Mr. Speaker, I proudly ask you to join me in needed time with friends and family, as well HON. CAROLYN McCARTHY commending Robert Alan Wilbur for his ac- as a break from the routine and hustle and OF NEW YORK complishments with the Boy Scouts of Amer- bustle of everyday life. This weekend, as we IN THE HOUSE OF REPRESENTATIVES gather for cookouts, take advantage of holiday ica and for his efforts put forth in achieving the Thursday, May 25, 2006 highest distinction of Eagle Scout. sales and welcome the arrival of summer, we should refocus our attention and recognize the Mrs. MCCARTHY. Mr. Speaker, I would like f day’s true purpose. This is a national day of to commend a dynamic educator, Hilari thanks, remembrance, and tribute. Cohen, from my home State of New York. For PAYING TRIBUTE TO BRIGADIER Thanks for the gift of safety offered by our the past 7 years, Ms. Cohen has served on GENERAL RANDALL E. SAYRE Nation’s veterans. Remembrance for those the Jericho Board of Education, and is the who have fought and died for our freedom. longest serving school board president in the And tribute to the men and women whose district’s history. HON. JON C. PORTER service in our armed forces has secured During Mrs. Cohen’s tenure on the Board of America’s future. Education, Jericho has achieved a great deal. OF NEVADA Set aside as a yearly reminder to be proud Here are just some of the things she has ac- IN THE HOUSE OF REPRESENTATIVES of the soldiers, sailors, airmen, and marines complished: expanded the middle/high school who have accepted our security as their duty, complex, introduced an elementary school Thursday, May 25, 2006 Memorial Day is a unique celebration of both world language exploratory program, intro- life and death. Recognized by all Americans, duced a middle school intramural program, in- Mr. PORTER. Mr. Speaker, I rise today to regardless of race, religion, or ethnicity, Me- stituted anti-bullying and character education honor Brigadier General Randall E. Sayre, morial Day is a national holiday dedicated to programs, implemented a Social Emotional Lit- who is retiring as the Commander of the Ne- celebrating the lives of our fallen soldiers by eracy program, created an Industry Advisory vada Army National Guard. honoring their memory. Board, began a Public Access Defibrillation General Sayre has had a long and distin- Throughout our history, we have met and program, which includes the training of all guished career. General Sayre earned his overcome each threat to our sovereignty and coaches and administrators in first aid and Commission through Army ROTC at the Uni- way of life with dignity. While our forces over- Automatic External Defibrillation, expanded versity of Nevada, Reno, graduating in 1975 seas and at home are engaged in a Global guidance, psychologist and social worker posi- with a Bachelors Degree in Criminal Justice. War on Terror, this Memorial Day is all made tions on all grade levels, developed a District Over the next 2 decades, General Sayre the more poignant by the nature of our enemy. wide Safety Team, named among the 100 served in a number of different capacities: his Islamo-fascists committed to the destruction of Best Communities in America for Music Edu- initial tour of duty was in Korea, serving as an our Nation and our way of life should clearly cation, implemented paperless communication Aviation Operations Officer; he also served remind all Americans that it is our solemn duty between the school and home, and improved tours of active duty as a pilot, commander and to honor the brave men and women in uniform the Regent’s Diploma rate from 80% in 1999 instructor pilot. In 1981, General Sayre was who are fighting to secure the future of Amer- to 100% in 2005. transferred to the Nevada Army National ican generations. Through their sacrifice, She has been honored by the Council of Administrators and Supervisors for her out- Guard, where he first served as an Evacuation Americans yet unborn will know greater standing leadership and contributions to the Pilot with the 1150th Medical Detachment peace, prosperity, and hope. Jericho School District. Her colleagues have based out of Reno, and subsequently as a Giving what President Lincoln called the last full measure of devotion, the sacrifice of Amer- said her role as the Board President over the Section Leader, Flight Operations Officer, and ica’s armed forces has secured more than two past 7 years has been pivotal to success of Detachment Commander. General Sayre also centuries of liberty. Today, we honor those the district. Ms. Cohen has worked tirelessly served as Battalion Commander of the 151 who have given their lives so our freedom and selflessly to ensure that students get an Battalion, 113th Aviation, based in Reno, Ne- could endure. Our commitment to the men educational program beyond compare. She vada and as Deputy Commander, Nevada and women of our Armed Forces should re- truly believes in success for every student. Army National Guard. In February 2003, Gen- flect their dedication to us all. I am proud to honor this distinguished and eral Sayre was appointed Commander, Ne- f accomplished educator, Ms. Hilari Cohen. vada Army National Guard and Assistant Adju- f tant General for the State of Nevada. In this PERSONAL EXPLANATION role, he was responsible for all policies, pro- JEWISH AMERICAN HERITAGE grams and plans for the Nevada Army Na- HON. JOHN LINDER MONTH tional Guard. OF GEORGIA Over the course of his long career, General IN THE HOUSE OF REPRESENTATIVES HON. CHARLES B. RANGEL Sayre has also earned a number of acco- Thursday, May 25, 2006 OF NEW YORK lades. He has been awarded the National De- IN THE HOUSE OF REPRESENTATIVES Mr. LINDER. Mr. Speaker, I was unable to fense Service Medal, the Army Reserve Com- Thursday, May 25, 2006 ponents Achievement Medal (with 7 oak leaf cast rollcall votes 194–206 on May 24, 2006, because I was unavoidably detained on official Mr. RANGEL. Mr. Speaker, I rise to thank clusters), and the Global War on Terrorism business in the Seventh Congressional District Representative Debbie Wasserman Schultz for Service Medal, the Humanitarian Service of Georgia, at a constituent policy event on her hard work on behalf recognizing Mayas Medal, and the Legion of Merit, along with fundamental tax reform. Had I been present I Jewish American Heritage month and to ex- many others. would have cast the following votes: On roll- press my gratitude to the President for his Mr. Speaker, I am proud to honor the career call No. 194, I would have voted ‘‘aye’’; On proclamation making May Jewish American of Brigadier General Randall E. Sayre. His rollcall No. 195, I would have voted ‘‘aye’’; On Heritage Month. long and illustrious record of service to his rollcall No. 196, I would have voted ‘‘aye’’; On After the burning of the Second Temple and country shows that he is a true patriot and rollcall No. 197, I would have voted ‘‘no’’; On the final dispersion of the Jews from Zion, American hero. I thank him for his service and rollcall No. 198, I would have voted ‘‘no’’; On people of Jewish heritage have settled in wish him the best in his retirement. rollcall No. 199, I would have voted ‘‘no’’; On every comer of the world. There are Jews in

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.046 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E976 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 China, in India, in Mexico, in Greece. While IN HONOR OF THE 20TH ANNIVER- sacrifice was not only borne by those brave Hitler almost murdered all the Jews of Europe, SARY OF THE SANTA CRUZ Americans who died, but also by their families he did not entirely succeed. SURFING MUSEUM and loved ones who personally suffered the loss of these heroes. Our hearts go out to Because of the moral values of this country those who have lost loved ones in the service we put our entire nation into the fight against HON. SAM FARR of America. the Nazi’s in World War II. What is so remark- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Today, our country is again engaged in bat- able about the fact that the United States tle. Fighting to maintain peace and security fought so fiercely and so bravely in World War Thursday, May 25, 2006 across the globe, American soldiers in Iraq, II is that they did so to save the world. That Mr. FARR. Mr. Speaker, I rise today to rec- Afghanistan and other places around the world desire arose from the nation’s character, ognize the great role that the Santa Cruz continue to make the ultimate sacrifice to en- which is an amalgam of the religious heritage County coastline and its surfers have played sure freedom and democracy. As the war on of its people—including its Jewish people. in the history of the great sport of surfing. terror continues, Americans must honor the Today I think about the Jewish soldiers in In 1885, three Hawaiian princes visited the brave men and women who gave their lives World War II who fought in the WWII not even city of Santa Cruz and rode the waves at the for the protection of this nation and the hope knowing of the death camps and the ovens. I mouth of the San Lorenzo River on redwood of peace. surfboards shaped at a nearby lumber yard. This Memorial Day I pay tribute to all of the think of the men who risked their lives every This was the first recorded instance of surf- soldiers who have fallen in service to our great day in the mud of France and the fields of Bel- ing on the U.S. mainland in modern history. nation and the immeasurable sacrifices they gium because they knew what was spreading By 1936, Santa Cruz had its own surfing club, have made defending freedom and democracy and taking over Europe was immoral. When one of the first outside of Hawaii. With the de- throughout the world. It is with a humble heart Eisenhower’s troops first came upon a death velopment of new surfboard technologies in and proud spirit that I honor the lives of Amer- camp, he made the camp guards and the Ger- the 1950s and 1960s and the wetsuit by Santa ica’s fallen soldiers and remember with admi- man villagers who had lived in the green fields Cruz’s own Jack O’Neill, the sport spread ration their patriotism and dedication to our and gardens around the camp come to view across the U.S. and the globe. Surfing is now country in the face of adversity. Let us never the bodies and to bury them. The message deeply embedded in American popular culture. forget their sacrifices. was clear: Americans find what you have done Enjoyed by millions of people around the f here and you villagers have tolerated here to world, surfing is perhaps the most widespread be an immense crime, an unimaginable crime. American sporting export. Surfing is hugely TRIBUTE TO JUDITH BOBBITT The greatness of our people is their char- popular in such far flung places as Australia, Brazil, Europe, and even Israel. While the ´ acter. Jewish people have brought a lot to the HON. RAUL M. GRIJALVA birthplace of surfing is Hawaii, the spread of OF ARIZONA making of that character. Jews have known the sport began through its popularity in Santa IN THE HOUSE OF REPRESENTATIVES that the values in the Five Books of Moses are Cruz. Outside of Hawaii, no place on earth Thursday, May 25, 2006 universal and throughout two thousand years has a deeper history in the modern revival of of Diaspora brought their values with them to surfing than our little coastal community of Mr. GRIJALVA. Mr. Speaker, I rise today to the shores of all the countries where they set- Santa Cruz. recognize an outstanding community leader, tled including America. Due to this rich history, Santa Cruz estab- Mrs. Judith Bobbitt, Somerton Elementary Judaism is a religion and a value system. lished the world’s first surfing museum in May School District’s Superintendent. She will retire No one who is not a Jew is considered less of 1986. Over the past 20 years, the museum this year from a lifetime commitment to education as a school administrator. a person by a Jew. No stranger can be left has become a symbol of the local and the Mrs. Bobbitt’s dedication to serving students without shelter, no hungry man without bread. worldwide surfing community. Just as the Monterey Peninsula is home to the Steamer and encouraging them to become contributing I could not help but notice in the Save Lane of Golf, Pebble Beach, so Santa Cruz is citizens of the State of Arizona and our great Darfur Coalition and other grass roots organi- home to the Pebble Beach of surfing, Steamer nation is remarkable. She has worked in pub- zations working so hard to stop the genocide Lane. Though it should be noted that the only lic education for more than 40 years and has in Darfur that many Jewish organizations are ‘greens fees’ at Steamer Lane are cold water served as an instructional leader and role involved in the grass roots efforts. Among and heavy crowds. model to hundreds of teachers and school ad- them are the American World Jewish Con- Though another California town recently se- ministrators. Her leadership style is admired gress, The American Jewish Committee, Jews cured the trademark rights to ‘‘Surf City’’, the by many. She has led efforts to reform public against Genocide Religious Action Center for long history of surfing in Santa Cruz is proof education so every child has an equal oppor- Reform Judaism. I have received letters from enough that Santa Cruz is the heart and soul tunity and equal environment to maximize children in Jewish schools asking me to help of surfing, and the foundation upon which it learning. the people of Darfur. Jewish people have a continues to ride. Mrs. Bobbitt led Somerton Elementary special understanding about genocide. The f School District through an explosive growth in parents of these children who write to me may a diverse district where 95 percent of students TRIBUTE TO AMERICAN SERVICE are first generation Americans of Mexican de- have lost grandparents, uncles, aunts, cous- MEN AND WOMEN scent and three percent are members of the ins. But they also know they can write to their Cocopah Nation. Her efforts to improve the congressman and their children can write and HON. DANIEL LIPINSKI State’s funding of school construction fre- ask for help for these people so far away who quently found her testifying at the Arizona are in desperate trouble as their relatives once OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES State Legislature addressing equity issues. were. She established and founded the South Thursday, May 25, 2006 One of the characteristics I most admire is Yuma County Adult Education Consortium and the activism many of the Jewish people en- Mr. LIPINSKI. Mr. Speaker, I rise today to made the Somerton District a leader in Adult gage in. That activism has meant a great deal honor the tremendous sacrifice and bravery of Literacy. Under her leadership, she developed to the Civil Rights movement. I also admire the countless men and women who have fall- the Migrant Even Start Program in Somerton the way Jews have contributed to the ‘‘person- en in service to this great country. This Memo- and worked with numerous community-based ality’’ of New York. As a New Yorker, I feel es- rial Day, let us stop to remember all of the agencies to promote lifelong learning. pecially lucky because I have learned some American service men and women who have Mrs. Bobbitt was appointed the 2000 Na- Yiddish, some great jokes and have met some answered the call to defend our nation, many tional Chair of the Interstate Migrant Council making that ultimate sacrifice for the peace and was recognized as All Arizona Super- truly amazing people who love books, culture, and preservation of our union. intendent of the Year for Mid-Sized Districts in art and life. I’m glad for the Jewish heritage I Since our country’s founding, each genera- 1998. experience in my district every day I am at tion has met the challenge of protecting our The integrity with which she leads was ac- home. freedoms and way of life. Through the cen- knowledged by her appointments as a Public I say to Jewish Americans today: Congratu- turies, over 1.2 million brave men and women Board Member for the Arizona Bar Founda- lations and Mazol Tov! have given their lives for our nation. This final tion, Puentes de Amistad, and Somerton Boys

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.051 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E977 and Girls Club. In addition, she was elected with parents and children eager to learn the As a member of both the House Veterans’ President of the Yuma County Education pillars of the program. In just over 10 years, Affairs Committee and the Small Business Foundation, Somerton’s Rotary Club, and the ideals of CHARACTER COUNTS! have Committee, I am well acquainted with the dif- Yuma County’s School District Association. spread through businesses and schools. ficulties many vets face in establishing and Mrs. Bobbitt has demonstrated great leader- Today, Gaithersburg has experienced the ben- sustaining small businesses. At a time when ship and thousands of students are now bene- efits of ethical education and has grounded thousands of veterans are returning home ficiaries of her vision of equality and personal the goals of the City in the ethical framework from Iraq and Afghanistan, we must act in best. of the CHARACTER COUNTS! program. every way possible to assist them when they I would like to personally commend Mrs. Ju- Through learning and focusing on customer return. This bill provides the seeds for veteran- dith Bobbitt for her tireless commitment to our needs, Gaithersburg seeks to continue the owned businesses, so that they may grow into community. Her life and work is an inspiration honest and open communication that has sustainable entities. to us all. helped it become a nationally renowned city. I am pleased to introduce this legislation f Gaithersburg utilizes creativity and fiscal re- today and wish to thank original cosponsors sponsibility to promote its health and excel- Representatives EMERSON, KELLY, and TRIBUTE TO DENNIS E. NIXON lence. All of the people of Gaithersburg—city MICHAUD for their support. I urge my col- officials, employees, neighborhood and gov- leagues to join us in supporting both our vet- HON. HENRY CUELLAR ernmental agencies—strive to continuously im- erans, and the benefits that small businesses OF TEXAS prove the City through cooperation and an in- contribute to our economy, by cosponsoring IN THE HOUSE OF REPRESENTATIVES creased emphasis on customer service, which this bill. allows community needs to be identified and f Thursday, May 25, 2006 met. Mr. CUELLAR. Mr. Speaker, I rise today to By maintaining the best aspects of a small 30TH ANNIVERSARY OF THE honor Dennis E. Nixon, Chairman of Inter- town while implementing the most advanced WILLOWS THEATRE COMPANY national Bancshares Corporation (IBC), on his new technologies, Gaithersburg has a diverse being selected as an inductee into the 2006 array of wonderful characteristics. The resi- HON. GEORGE MILLER Texas Business Hall of Fame on October 26, dents of Gaithersburg benefit from safe neigh- OF CALIFORNIA borhoods and diverse transportation options. 2006. IN THE HOUSE OF REPRESENTATIVES Mr. Nixon is widely recognized as one of the Elected officials have united to create a favor- Thursday, May 25, 2006 nation’s leading banking authorities. Since able business environment and to preserve joining IBC in 1975, he has been instrumental beautiful parks and public places. Gaithers- Mr. GEORGE MILLER of California. Mr. in the ranking of the bank as the largest mi- burg is justifiably proud of its family-friendly Speaker, I rise today to recognize the 30th an- nority-owned bank organization in the United environment and a citizenry that possesses a niversary of the Willows Theatre Company in States with assets of $10.3 billion with over strong sense of community and individual re- Concord (Contra Costa County), California 200 full service branches throughout Texas sponsibility. and the major, positive impact it has had—and and Oklahoma in over eighty communities. I am pleased to honor the City of Gaithers- continues to have—in the cultural life of the IBC is headquartered in the City of Laredo burg for its outstanding commitment to values San Francisco Bay Area. and employs over three thousand in the South in its governance and daily life. Gaithersburg For three decades, the Willows has devel- Texas region and in Oklahoma. is a great place to live, work, learn and play, oped and produced dramas, comedies and Mr. Nixon’s approach to banking is based at and I congratulate it on its tenth anniversary musicals—more than 210 in all—drawn from the community level in which all customers as a CHARACTER COUNTS! City. contemporary American playwrights, com- large and small retain the same value, and f posers and lyricists for a mix of world or area this approach has been achieved through the INTRODUCTION OF SEEDS FOR premieres and revivals of classic American involvement of IBC in community service. Mr. SOLDIERS ACT shows. Six productions a year, for a total of Nixon believes in the importance of corporate 244 performances, attract thousands of loyal social responsibility, and has encouraged his patrons each year. The current patron base employees to be active volunteers in commu- HON. TOM UDALL has grown to more than 4,500 subscribers, OF NEW MEXICO nity service with various non-profit organiza- with renewals at an enviable 87 percent. The IN THE HOUSE OF REPRESENTATIVES tions. As a result, IBC was the winner of the company is training theater artists, and cre- 2001 Governor’s Volunteer Award in the cor- Thursday, May 25, 2006 ating viable relationships with playwrights, de- porate business category. Mr. UDALL of New Mexico. Mr. Speaker, it signers, actors and students whose work will Mr. Speaker, thank you for allowing me to gives me great pleasure to rise today to intro- impact current and future audiences and art- honor Dennis E. Nixon, Chairman of Inter- duce the Seeds for Soldiers Act. As a nation ists. national Bancshares Corporation, in recogni- currently welcoming home new veterans, we Over the past 4 years alone, the Willows tion of his selection as an inductee into the must do all we can do to assist them upon has earned 17 awards from the Bay Area The- 2006 Texas Business Hall of Fame. their return. One way to do that is to help atre Critics Circle. The Arts and Culture Com- f them jumpstart their new small businesses. mission of Contra Costa County honored Rich- This bill does this by creating a specialized ard Elliott, artistic director, in 2000 and An- TRIBUTE TO CITY OF loan program for veterans through the Small drew Holtz, managing director, in 2004 with GAITHERSBURG Business Administration, which provides vet- Arts Recognition Awards. In 2002, the San erans with loans up to $3 million, allows for Francisco Business Arts Council presented its HON. CHRIS VAN HOLLEN debt refinancing, and permits borrowers to Cyril Award for Non-Profit Arts Excellence to OF MARYLAND defer payments for up to one year without any the Willows. IN THE HOUSE OF REPRESENTATIVES accumulation of interest. To encourage lend- Aside from its renowned artistic successes, ers to provide capital, the program will carry the Willows also is an economic force in the Thursday, May 25, 2006 reduced costs and a higher government loan community. With an annual budget approach- Mr. VAN HOLLEN. Mr. Speaker, I rise to guarantee. ing $2 million, the company maintains facili- congratulate the City of Gaithersburg on its The bill also establishes a vocational reha- ties, employs administrative support staff, and tenth anniversary as a ‘‘CHARACTER bilitation program for veterans specifically de- affords the first opportunity for professional COUNTS! City.’’ signed to assist in the transition out of service. employment for many developing theater art- Gaithersburg exemplifies the six pillars of a The program, which will be established by exists. The company was the first theater in ‘‘CHARACTER COUNTS! City’’—trust- isting Small Business Development Centers, Contra Costa County to operate under a sea- worthiness, respect, responsibility, fairness, will provide technical, vocational, and entre- sonal contract with Actors Equity Association, caring, and citizenship. Today, Gaithersburg preneurial assistance to veterans to help them with as many as 200 or more professional and celebrates its continued success in serving its use their skills learned in the military to open, non-union Bay Area artists employed during a citizens and teaching its children the impor- maintain, and expand their own business. The season. tance of good character. bill authorizes $25 million in funding to provide In support of other non-profit arts organiza- The CHARACTER COUNTS! program in $500,000 grants to the SBDCs to open this tions throughout the region, the Willows oper- Gaithersburg began in a meeting room filled program. ates a Community Box Office service that has

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.054 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E978 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 returned more than $400,000 in earned in- healthcare community through his dedication tives when a strong and competent leader was come revenue to dozens of groups. and commitment to several healthcare related needed, and at all times he was the right man As part of its mission, the Willows engages organizations. He has served on numerous for the job. He served as chairman of the Judi- youths in a variety of programs, including a healthcare related boards. He currently serves ciary Committee during a difficult time in our conservatory, a round theater arts and student as Chair of the Association of American Med- country’s history, and brought the highest level internship training program. In addition, it of- ical Colleges, and chairs the Health Care of integrity to his position. fers greatly reduced student ticket rates to en- Committee of the Los Angeles Chamber of Mr. HYDE was appointed chairman of the courage family and school attendance at live Commerce. International Relations Committee shortly be- theater. It is our distinct pleasure to ask our col- fore 9/11, where he has valiantly led us With a remarkable record of achievement in leagues to join with us in saluting Mr. Priselac through the early crucial years of the War on the past 30 years, the Willows is now focused for his outstanding achievements and to con- Terror. In his career, Chairman HYDE has on the future. Later this year, the company will gratulate him on receiving this prestigious worked diligently to protect and expand the expand its operations by opening a 220–seat award. freedoms of unborn children, to protect the cabaret-style theater in Martinez, the seat of f honored symbols of this Nation from desecra- government for Contra Costa County. Earlier tion and to protect the freedoms of citizens all this year, the company completed a 9,000 HONORING THE STUDENTS AT over the world. HALF HOLLOW HILLS HIGH square-foot production facility in Waterfront Chairman HYDE has dedicated his career in SCHOOL EAST Park in Martinez, in close proximity to the public service to ideals worthy of a great Re- 1,000-seat John Muir Amphitheater. The facil- publican, and to principles worthy of a great ity was constructed to accommodate multiple HON. STEVE ISRAEL statesman. His determination to seek truth and performances of ‘‘John Muir’s Mountain Days,’’ OF NEW YORK justice has earned him the respect of his col- a musical, commissioned by the Willows, IN THE HOUSE OF REPRESENTATIVES leagues on both sides of the aisle. based on the life of the famed preservationist Thursday, May 25, 2006 My single regret is that I only had 2 years John Muir, whose residence in Martinez is a to learn from Chairman HYDE, but those are National Historic Site. Mr. ISRAEL. Mr. Speaker, I rise today to lessons I will carry with me throughout my ca- These activities are part of the John Muir congratulate the students from Half Hollow reer. I wish him the best of luck in all his fu- Festival Center, an educational, cultural herit- Hills High School East in Dix Hills, New York ture endeavors. age and economic development project in for their hard work in the ‘‘We the People: the Citizen and the Constitution’’ national finals. which the Willows has taken a leadership role f along with its partners—the city of Martinez, These outstanding young Americans placed the John Muir Association, the National Park fourth in this nationwide competition and I am RECOGNIZING 30 YEARS OF SERV- Service, and the Martinez Historical Society. honored to call them my constituents. ICE BY COLONEL JOHN C. COLE- On July 3, 2006, the Willows will celebrate The students, Jason Aronson, Matt MAN, USMC its 30th anniversary with a gala that includes Bauman, Jillian Bernstein, Eric Bierman, Emily a dinner and a show in the John Muir Amphi- Chen, Davina Etwarn, Leily Faridzadeh, Zach HON. DARRELL E. ISSA theater featuring the Diablo Symphony and Goldberg, Chris Green, Arun Gupta, Jennifer OF CALIFORNIA performers from past Willows Theatre produc- Kim, Praneet Korrapati, Emily Kuznick, Tia tions. Mansouri, Joshua Milber, Brooke Schachner, IN THE HOUSE OF REPRESENTATIVES I am proud to join in the celebration. Stephen Schiraldi, Dana Schwartz, Dara Seidl, Thursday, May 25, 2006 f Fauzia Shaikh, Kunaal Sharma, Kavita Vani, Alyssa Weinberg and Joshua Wohl, led by Mr. ISSA. Mr. Speaker, I rise to honor the TRIBUTE TO THOMAS M. PRISELAC their teacher Scott Edwards, demonstrated a 30 years of dedicated service of Col John C. remarkable understanding of the fundamental Coleman, USMC. HON. HENRY A. WAXMAN ideals and values of American constitutional Col John C. Coleman assumed duties as Commanding Officer, Marine Corps Base, OF CALIFORNIA government. Camp Pendleton on 21 October 2005. IN THE HOUSE OF REPRESENTATIVES Also worthy of special recognition is Eileen Gerrish, the state coordinator, and Charles Colonel Coleman was born 11 February Thursday, May 25, 2006 Trupia, the district coordinator, who are among 1954 and is a native of Warner Robins, Geor- Mr. WAXMAN. Mr. Speaker, we rise today those responsible for implementing the ‘‘We gia. He was commissioned through the PLC to pay tribute to our good friend, Thomas M. the People’’ program in my district. Program following graduation from the Virginia Priselac, President and CEO of Cedars-Sinai Their success in the competition is also a Military Institute in May of 1976. Since com- Health System. Mr. Priselac has held the posi- testament to the excellent teachers at Half missioning, he has completed seven tours of tion of President and CEO since January Hollow Hills East High School and elsewhere duty in the Corps’ operating forces, two in the 1994, and has helped transform Cedars-Sinai on Long Island. supporting establishment, and two with the Heath System into one of the premier pro- I offer my congratulations on their success joint community. viders of heath services, graduate and con- and commend these students on their dedica- As a Company Grade Officer, Colonel Cole- tinuing medical education services, and med- tion to the study of the Constitution and the man served tours of duty with 2nd Battalion, ical research. He has proven himself to be a Bill of Rights. 1st Marines, 3rd Battalion, 4th Marines, and strong leader who gets impressive results. We f with 3rd Battalion, 25th Marines. Assignments are pleased that he will be honored by B’Nai during these tours included Rifle Platoon Com- B’Rith International with the prestigious Na- TRIBUTE TO CHAIRMAN HENRY J. mander, 81mm Mortar Platoon Commander, tional Healthcare Award on June 5, 2006. HYDE Company Executive Officer, Assistant Bat- Mr. Priselac began his career in healthcare talion Operations Officer, H&S Company Com- after receiving his Bachelor degree in Biology HON. MICHAEL T. McCAUL mander, Rifle Company Commander, Weap- from Washington and Jefferson College in OF TEXAS ons Company Commander, and Rifle Com- Pennsylvania and his Masters in Public Health IN THE HOUSE OF REPRESENTATIVES pany Inspector/Instructor. In addition to these from the University of Pittsburgh. He began assignments, he served in the supporting es- his career at Montefiore Hospital in Pittsburgh Thursday, May 25, 2006 tablishment as the Training Support Officer, as a member of the executive staff. In 1979, Mr. MCCAUL. Mr. Speaker, I rise today to Officer Candidate School, and as a Company he began working at Cedars-Sinai. He was honor a man who has for the past 31 years Grade Monitor, Headquarters Marine Corps. appointed to the role of Executive Vice Presi- brought honesty, integrity and distinction to As a Field Grade Officer, Colonel Coleman dent in 1988, which he fulfilled for six years this Chamber, to his party and to the people served tours of duty with 1st Battalion, 2nd prior to being appointed President and CEO. of Sixth District of Illinois. I consider myself Marines, 1st Battalion, 4th Marines, 2nd and During his tenure at Cedars-Sinai, Mr. Priselac fortunate to have my congressional career 6th Marine Regimental Headquarters, 1st and has turned it into one of our nation’s finest overlap with his, even if only for one term. 2nd Marine Division Headquarters, and I Ma- healthcare establishments. At several points throughout Chairman rine Expeditionary Force Headquarters. As- In addition to his work at Cedars, Mr. HYDE’s career, he served in a position of lead- signments during these tours included Bat- Priselac makes many contributions to the ership within the U.S. House of Representa- talion Operations Officer, Battalion Executive

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.058 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E979 Officer, Regimental Operations Officer, Assist- PERSONAL EXPLANATION seized Herresbach, Belgium, during this fierce ant Division Personnel Officer, Battalion Com- action of the Battle of the Bulge. Due to his mander, MEF (Fwd) Operations Officer, Divi- HON. JIM GERLACH aggressive, fearless and superior leadership, sion Operations Officer, and Regimental Com- OF PENNSYLVANIA Lt. James Megellas inspired his men to excel. mander. In addition to these assignments, he IN THE HOUSE OF REPRESENTATIVES After serving 4 years as a rifle platoon lead- completed two joint tours. The first of these er during World War II, including many combat was with U.S. Central Command serving in Thursday, May 25, 2006 jumps into Italy and Holland, Megellas left the the J–3, Command Control, and then Joint Ex- Mr. GERLACH. Mr. Speaker, during consid- active Army and served for 16 years in the ercise Division. Later he served with the Joint eration of H.R. 5427, the Fiscal Year 2007 En- Army Reserve. He retired after 20 years of Staff, Washington, D.C., in the Office of the ergy and Water Development Appropriations service as a lieutenant colonel. Vice Chairman. Act, I was not present for rollcall 196, 197, His awards and decorations include the Dis- On 23 August 2002, Colonel Coleman as- 198, 199, 200 and 201. Had I been present, tinguished Service Cross, two Silver Star Med- sumed the duty as Chief of Staff, I Marine Ex- on rollcall 196, I would have voted ‘‘yea,’’ on als, two Bronze Star Medals, two Purple peditionary Force. He initially deployed to Ku- rollcall 197, I would have voted ‘‘nay,’’ on roll- Hearts, and he is credited with being the 82nd wait and Iraq with Headquarters, I MEF in call 198, I would have voted ‘‘yea,’’ on rollcall Airborne Division’s most decorated officer. conjunction with Operation Iraqi Freedom from 199, I would have voted ‘‘yea,’’ on rollcall 200, During World War II, Gen. James Gavin se- November 2002 to October 2003. He returned I would have voted ‘‘nay,’’ and on rollcall 201, lected one 82nd officer—Lt. James Megellas— to Iraq with I MEF in March 2004 serving there I would have voted ‘‘yea.’’ to receive the Military Order of Willhelm Or- until the MEF redeployed to the U.S. in March f ange Lanyard from the Dutch Minister of War 2005. on behalf of his division. Colonel Coleman is a graduate of Amphib- TRIBUTE TO CAROL DAVIS To this day, James Megellas continues to ious Warfare School, U.S. Army Command inspire. In February, 61 years since that mo- and Staff College, Armed Forces Staff Col- HON. RICHARD W. POMBO mentous battle, James ‘‘Maggie’’ Megellas set lege, U.S. Army School of Advanced Military OF CALIFORNIA foot on a battlefield with fellow 82nd Airborne Studies, and the U.S. Naval War College. He IN THE HOUSE OF REPRESENTATIVES Division soldiers, this time in a current theatre is a designated Joint Specialty Officer and has Thursday, May 25, 2006 of war—Afghanistan. Megellas was impressed been awarded two masters of arts degrees, with what he saw of the paratroopers and their the first in Military Arts and Science, and the Mr. POMBO. Mr. Speaker, I rise today to work. He listened to their stories of their past second in National Security and Strategic recognize the achievements and hard work of year of deployment and shared with them his Studies. His personal decorations include the Carol Davis. Carol is President and CEO of own experiences during World War II. Defense Superior Service Medal, Legion of Manteca’s Give Every Child a Chance Pro- Today, at 89 years old, James Megellas is Merit, Bronze Star, Defense Meritorious Serv- gram. Give Every Child a Chance is com- currently in the Netherlands, to be decorated ice Medal, Meritorious Service Medal, Joint mitted to developing and maintaining a quality by Her Majesty Queen Beatrix in a surprise Service Commendation Medal (second mentor program that will have a positive im- ceremony to once again receive the Military award), Navy and Marine Corps Commenda- pact on the lives of children in our community. Order of Willhelm Orange Lanyard for out- tion Medal (second and third awards), and the In 2005, the Association of California School standing service. Navy and Marine Corps Achievement Medal. Administrators, ACSA, had selected the Give I urge my colleagues to also recognize Colonel Coleman and his wife Teri were Every Child a Chance Program as the year’s James ‘‘Maggie’’ Megellas by supporting this married in 1976 and have four children, Chris- Partners in Educational Excellence Award re- bill to authorize and request the President to tina, Jay, Robby, and Lara. cipient. award him the Medal of Honor for his acts of On behalf of the people of the United States Through Carol’s leadership, Give Every valor on January 28, 1945, during the Battle of whom Colonel Coleman spent a career serv- Child a Chance has touched the lives of thou- the Bulge. As time goes by, true heroes ing, I thank him for his service and commit- sands of students throughout the San Joaquin should never be forgotten, so please join me ment to the defense of our Nation. area. The program provides innovative ap- in honoring this outstanding American hero. proaches to deal with the complex challenges f facing public education. Give Every Child a f Chance was nominated by Manteca Unified STATEMENT HONORING JEREMY School District Superintendent, Dr. Cathy THE ONE-YEAR ANNIVERSARY OF BONNER Nichols-Washer and was selected by a panel PASSAGE OF THE STEM CELL of school administrators throughout the State. RESEARCH BILL HON. EDDIE BERNICE JOHNSON Carol’s dedication to the future of our chil- OF TEXAS dren is one that has not gone unnoticed, and HON. EDDIE BERNICE JOHNSON IN THE HOUSE OF REPRESENTATIVES I would like to wish her many more years of OF TEXAS Thursday, May 25, 2006 continued success. IN THE HOUSE OF REPRESENTATIVES f Ms. EDDIE BERNICE JOHNSON of Texas. Thursday, May 25, 2006 Mr. Speaker, I rise today to recognize Jeremy INTRODUCTION OF LT. COL. JAMES Ms. EDDIE BERNICE JOHNSON of Texas. Bonner, an extraordinary young man whose MEGELLAS MEDAL OF HONOR Mr. Speaker, I rise today in support of stem dedication and achievements are to be com- BILL cell research. mended. Jeremy Bonner recently graduated Last May, the House of Representatives from A. Maceo Smith High School after 14 HON. THOMAS E. PETRI narrowly passed H.R. 810, supporting feder- years of perfect attendance. This means that OF WISCONSIN ally funded embryonic stem cell research. from the age of three, Jeremy never missed a IN THE HOUSE OF REPRESENTATIVES My vote, recorded in support of this bill, re- day of school. flects my strong views on the potential for In a time when drop-out rates and truancy Thursday, May 25, 2006 stem cell research to benefit society. are on the rise, this is truly an exceptional Mr. PETRI. Mr. Speaker, today I am intro- Stem cells can mature into nearly any type achievement. The efforts and devotion of Jer- ducing legislation to honor a true American of cell, including nerve cells to repair damaged emy Bonner and his mother, Joan Bonner, are hero by awarding him the Medal of Honor. On spines or heart cells to pump blood through to be celebrated. January 28, 1945, during the Battle of the the body. In addition to his perfect attendance, I was Bulge, Lt. James Megellas led his platoon of The therapeutic possibilities of stem cells pleased to learn of Jeremy’s plans to join the the 82nd Airborne Division on a surprise and are endless. military and pursue a career in public service. devastating attack on a much larger advancing It is my hope that the other body will work Both the military and America are fortunate to German force, killing and capturing a large with us to support stem cell research. have the commitment of such a fine young number of the enemy and causing others to Somewhere out there is a little girl who suf- man. flee. In an act of fearless courage, Megellas fered a spinal injury and is unable to walk. The recognition Jeremy is receiving is immi- singlehandedly destroyed an attacking Ger- Therapy utilizing stem cells is her only hope. nently well-deserved, and I know this is merely man Mark V tank with two hand-held gre- How much longer will she and millions of the first step of many bright years ahead. nades. He then led the charge of his men and others have to wait?

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.062 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E980 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 INTRODUCTION OF LEGISLATION eral regional office center, rather than transfer- rule. Intellectuals, poets, artists and writers be- DESIGNATING ‘‘LARRY WINN, JR. ring those functions to Denver. came the spiritual leaders in the Filipino quest POST OFFICE’’ Winn also is remembered for his advocacy for freedom and independence from Spain. It of a proposed Tallgrass National Prairie Park was the written works by an unknown, young HON. DENNIS MOORE in Kansas; as a result of his initial efforts, the doctor from Lugana Province, Jose Rizal, OF KANSAS Kansas Flint Hills are now home to the which set fire to the independence movement. IN THE HOUSE OF REPRESENTATIVES Tallgrass Prairie National Preserve, a unit of Dr. Rizal’s explosive first novel, ‘‘Noli Me the National Park System managed in partner- Tanere,’’ (Touch Me Not), shattered the fa- Thursday, May 25, 2006 ship with the private National Park Trust dedi- cade of colonial rule and shed light on the de- Mr. MOORE of Kansas. Mr. Speaker, joined cated to the rich natural and cultural history of structive limitations forced upon the Filipino by my Kansas delegation colleagues—Rep- the tallgrass prairie ecosystem. people. The novel, though immediately resentatives TIAHRT, RYUN and MORAN—I am In their 1972 analysis of Winn’s career, the banned by the Spanish rulers, was dissemi- today introducing legislation to designate the Ralph Nader Congress Project’s Citizens Look nated underground with other highly charged United States Postal Service facility located at at Congress review of Winn’s activities con- passages by Dr. Rizal and others. 6029 Broadmoor Street in Mission, Kansas, as cluded that: ‘‘Legislatively, Winn shows a good In Manila, 1892, Rizal founded the inde- the ‘‘Larry Winn, Jr. Post Office Building.’’ feel for Third District needs and interests. . pendence movement, Luga Filipina. By 1898, Edward Lawrence ‘‘Larry’’ Winn, Jr., rep- . . Although Winn has had considerable expe- an armed struggle for independence had resented Kansas’’ Third Congressional District rience in public speaking and writing, his style begun, and government officials accused Dr. in the U.S. House from 1967 to 1985. Born in is more folksy than polished.’’ During his ten- Rizal of leading the charge. Following the Kansas City, Missouri, in 1919, he was an ure, he taped a weekly radio program on cur- circuslike spectacle of an unjust trial, Rizal Eagle Scout who attended public schools and rent congressional issues that was distributed was found guilty. On the evening of December received a B.A. from the University of Kansas to local broadcasters, as well as drafting and 30, 1896, Dr. Rizal was executed by firing in 1941. Becoming an announcer for WHB circulating weekly newspaper columns and squad in what is now known in Manila as radio, he later served as public relations direc- twice-yearly congressional questionnaires that Rizal Park. The night before his scheduled tor for the local branch of the American Red were sent to all in-district postal patrons. He execution, he wrote the poem ‘Mi Ultimo Cross. Returning to Kansas, he established estimated that over 2,000 Third District resi- Adios,’ a heartrending and poignant expres- and became vice president of Winn-Rau Cor- dents visited his Washington, D.C., office dur- sion of his abiding love for the people and poration, a private home builder. For 14 years, ing the first four years of his tenure, and country of the Phillipines. he served as National Director of the National bumper stickers proclaiming: ‘‘I visited Con- Mr. Speaker and Colleagues, please join me Association of Home Builders, and also served gressman Larry Winn in Washington’’ were in honor and recognition of the 2006 celebra- as President of the Home Builders Association seen frequently across the Kansas City area. tion of the influential life of Dr. Jose Protacio of Kansas City. Upon announcing his retirement from the Rizal. Dr. Rizal rose from the quiet life of a vil- In 1962, the incumbent U.S. Representative U.S. House in 1984, Representative Winn lage doctor to become a beloved and coura- in the Third District, Robert Ellsworth, asked published a column in the Christian Science geous national hero of the Philippines—a man Winn, who had served as Republican Party Monitor decrying the increase in congressional whose words blazed a trail of freedom chairman in that district, to be his campaign partisan rancor. Twenty two years later, his throughout the Philippines. I also want to manager; he fulfilled that role in the 1962 and words are even more relevant: ‘‘It is important honor and recognize the leaders and mem- 1964 campaigns. In 1966, when Ellsworth un- now for both Republicans and Democrats in bers of the Order of the Knights of Rizal, successfully challenged incumbent U.S. Sen- the House of Representatives to recognize Cleveland Chapter, for keeping the significant ator Jim Pearson in the Republican primary, that a continuation of this rancor will undercut spirit of Dr. Jose Rizal alive for each new gen- Winn won election as his successor, defeating the legislative process. Most Americans are eration to know and understand. The life of Dr. Overland Park Mayor Marvin Rainey. In later neither Republicans nor Democrats but are Jose Rizal reflects an innate quest for freedom contests, among eight successful re-elections, independents. This expresses a desire for for all people, and highlights the ideology that Winn would defeat Lieutenant Governor pragmatism over ideology. Members of the despite the seemingly endless struggle, justice James DeCoursey and Dan Watkins, the House, without abandoning their individual and liberty will inevitably rise. former chief of staff to Governor John Carlin. philosophical approaches, should also ap- f Initially appointed to the House Committees proach problems pragmatically.’’ Mr. Speaker, Larry Winn, Jr., served the HONORING THE LIFE OF on Space and Aeronautics [later renamed CONGRESSMAN ROBERT N. GIAIMO Science and Technology] and the District of Third District of Kansas as it’s Representative Columbia, Winn later was appointed to the Se- with diligence and decency for eighteen years. lect Committee on Crime, the Veterans’ Affairs It is fitting that we now name a major postal HON. JOHN B. LARSON OF CONNECTICUT Committee, and the International Relations facility in the Third District after him, and I IN THE HOUSE OF REPRESENTATIVES Committee, which was later renamed the For- hope the House will move swiftly to approve eign Affairs Committee. Described by Con- this measure. Thursday, May 25, 2006 gressional Quarterly’s Politics in America, f Mr. LARSON of Connecticut. Mr. Speaker, I 1982 as a ‘‘quiet, unassuming man,’’ Winn IN HONOR OF DR. JOSE PROTACIO rise today to pay great honor to Congressman eventually rose to the ranking Republican seat RIZAL AND THE ORDER OF THE Robert N. Giaimo, who passed away on May on the Science and Technology Committee, KNIGHTS OF RIZAL, CLEVELAND 24, 2006. Bob proudly served in this body where he was an active supporter of Amer- CHAPTER from 1958–1980, representing the New Haven ica’s space exploration program. As Politics in area in Connecticut. Bob was a profound fig- America, 1982 noted, he also advocated re- ure who believed in public service and worked search into alternative energy sources such as HON. DENNIS J. KUCINICH tirelessly for the people of Connecticut. OF OHIO gasohol and solar and wind power, and tax The son of Italian immigrants, Bob was IN THE HOUSE OF REPRESENTATIVES credits for energy efficiency and conservation. raised in North Haven, Connecticut and was Winn was appointed by President Carter Thursday, May 25, 2006 elected in 1958 to serve the Third District of and confirmed by the Senate to serve as a Mr. KUCINICH. Mr. Speaker, I rise today in Connecticut. During his 22 years in Congress, member of the U.S. delegation to the United honor and recognition of Dr. Jose Protacio Bob made many significant contributions to Nations in 1979. He also was a member of the Rizal and the Order of the Knights of Rizal, this country. Bob co-sponsored a bill that cre- Canadian Interparliamentary Group and was Cleveland Chapter. The accomplished life and ated the National Endowment of the Arts and ranking Republican member of the U.S.-Euro- works of Dr. Rizal remains a great source of Humanities, which has allowed people in this pean Interparliamentary Group. Domestically, inspiration for the people of the beautiful is- country to reach their creative potential. He Winn was a leading advocate of ‘‘value engi- land of the Philippines. His heroic and poign- also led the first successful effort to end funds neering,’’ a cost-saving government manage- ant writings and efforts, focused on freedom, for the fighting in Southeast Asia. Bob worked ment system that was implemented in the continue to inspire and energize the people of to eliminate the loyalty oath in the National early 1970s. He also was a leading advocate the Philippines, and Filipino Americans as Defense Education Act, and to include the old of a successful proposal maintaining ten re- well. New Haven Railroad in the Penn Central gional federal office centers in the United During the 1800’s Filipinos began express- merger. Bob’s priority in Congress was to cre- States, which preserved Kansas City as a fed- ing their anger and frustration over colonial ate meaningful change and he represented

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.068 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E981 the values and aspirations of the people of the than 16 years. During that period, his fellow than we can count. He employs the same Third District of Connecticut. Council Members asked him to serve as skills on Capitol Hill he learned and practices Bob was well-respected among his col- Mayor for an unprecedented five terms. in South Texas: figure out where you want to leagues. During his 11-terms in Congress, he While serving as Mayor and Council mem- go, and he can find a way to get you there. served on the House Budget Committee, ber, Larry helped solidify a sound economic He is widely respected by both Members of which he chaired for 4 years, the House Com- base for the city. He also established senior Congress and Capitol Hill staff members. mission on Information and Facilities, and the citizen facilities, teen programs, increased the But it has been me and my staff members— Joint Committee on Intelligence. Bob also city’s supply of affordable housing and helped here and in Texas—that have felt his absence served on the House Appropriations Com- lower the crime rate. All of his efforts resulted most abruptly and most profoundly. We mittee, and its subcommittees on Department in an improved quality of life for Conejo Valley haven’t missed a beat in our work for South of Defense, District of Columbia, Treasury residents. Texans, but we have missed the presence of Postal Service and General Government, Leg- Mr. Speaker, all of us in this House are de- the man that we all respect and we all love. islative Branch, and Housing and Urban De- pendent on the dedication and hard work of You grow so close to people with whom you velopment. Bob was an inspiration to his col- our staffs. When I was elected to represent stand in campaigns. leagues and the people he represented. the 24th Congressional District in 1996, I knew Lencho is unbelievably talented on so many Mr. Speaker, I ask that my colleagues join I would need an outstanding and popular lead- levels, and has a deep and abiding compas- me today in honoring the life of Robert N. er in the Conejo Valley to head my Thousand sion for people and families. It’s an old rule of Giaimo. Bob’s legacy lives on in this Nation Oaks office. Larry accepted the challenge and politics: people that campaign together will al- and among his family. My thoughts and pray- was instrumental in ensuring that my constitu- ways be there for each other. That is certainly ers are with Bob’s wife, Marion Schuenemann ents received the quality services they needed true for me and my organization, but it’s true Giaimo, his daughter Barbara Giaimo Koones, and deserved. for most every political organization. and his granddaughter, Tracy Elizabeth Phil- Larry’s hard work and dedicated service in And so it will be—Lencho remains a trusted lips. Today, we lost a tremendous person who that office and, following redistricting and the member of my family, and I will always seek his counsel on matters political and personal. worked hard to improve the well-being of this 2002 elections, as a member of my Sherman I know he remains a trusted member of this country and the state of Connecticut. Oaks office staff, have been exemplary. Capitol Hill family. f Larry’s accomplishments in business, politics, government, and community service are f TRIBUTE TO LAWRENCE E. an impressive legacy. I will miss his service, HONORING MORRIS ‘‘MORRIE’’ HORNER but I look forward to his continuing friendship. TURNER f HON. BRAD SHERMAN TRIBUTE TO LENCHO RENDON HON. BARBARA LEE OF CALIFORNIA OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES HON. SOLOMON P. ORTIZ IN THE HOUSE OF REPRESENTATIVES Thursday, May 25, 2006 OF TEXAS Thursday, May 25, 2006 Mr. SHERMAN. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Mr. LEE. Mr. Speaker, I rise today to honor pay tribute to Lawrence E. Horner for his civic Thursday, May 25, 2006 the extraordinary life and work of Morris and philanthropic service to the residents of Mr. ORTIZ. Mr. Speaker, this month Capitol ‘‘Morrie’’ Turner, a native of Oakland, Cali- the Conejo and San Fernando Valleys. Sev- Hill saw the departure of one of the most tal- fornia. Morrie Turner is known not only for his enty-six years young, Larry is a proud veteran, ented people in Texas politics today, my just- legendary talent as a nationally-recognized an accomplished businessman, and dedicated retired Chief of Staff, my former Chief Deputy cartoon artist, but has contributed greatly to public servant. Sheriff in our other lives, my campaign advi- our country through his use of art to advocate Larry has served as my senior district advisor, my little brother, my best friend—some for social equality and community awareness. sor since November 1997, and will be retiring have even called him my ‘‘alter ego’’ Lencho On Wednesday, May 31, 2006, the East Bay at the end of this month. He has been an in- Rendon. Community will come together to celebrate valuable asset to me and to my constituents. Lencho is a legend in the House of Rep- Morrie’s outstanding career and immeasurable His knowledge of issues ranging from eco- resentatives and counts many, many friends contributions to our society. nomic development to military and veterans here in this Chamber . . . friends he will re- Born in 1923 in Oakland, California, Morrie affairs has been crucial to helping me better main close to in this next chapter of his life. assumed his nickname at an early age, al- serve my constituents. I will miss his depth of Several of them join me in bidding our friend ways preferring it above the name Morris. He experience, leadership, and personal charm. and counselor farewell, but not goodbye. attended Cole Elementary and McClymonds Larry’s extensive knowledge of the Conejo Lencho and I met not too long after I was High School in Oakland, and ultimately grad- Valley has been an invaluable asset. I con- elected Nueces County Sheriff in South Texas uated from Berkeley High School in June sulted extensively with Larry when working to in 1976. He was working for the Webb County 1942. Morrie began drawing caricatures protect and expand the Santa Monica Moun- Sheriffs office and a DEA Task Force; and he around the age of 10, and by the time he fin- tains National Recreational Area. His advice was beginning to make a reputation for him- ished his secondary education he was com- and experience were critical to my successful self as one of the absolute best at finding the fortable with his drawing technique. After grad- efforts to defend this irreplaceable natural re- druggies and getting evidence on them. uation, which was in the midst of World War source. He was a master at that, and his detective II, he enlisted in the U.S. Army Air Corps, and Mr. Speaker, Larry received his bachelor’s and undercover work were monumentally dan- continued his drawing while on guard duty. and master’s degrees in Science from Indiana gerous just about every day. By the grace of This eventually led to his first series, a strip University. His studies were interrupted while God, Lencho lived to talk about—or not talk called Rail Head, which was based on his ex- he served in the United States Army during about—the everyday danger of living under- periences in the war and which appeared in the Korean War. cover to catch the bad guys. Stars and Stripes. In 1954, Larry was discharged from the He ran my first campaign for Congress, a Following the war Morrie returned to the Army and met and married Betty Thurman. task he took on each election cycle—and he Bay Area, where he began working as a clerk Happily married for more than 50 years, they remains my campaign chairman. In Texas, for the Oakland Police Department, but contin- have raised three children and contributed Lencho is the guy you go to when you want ued drawing on a freelance basis. During that countless hours volunteering in their commu- to hear the straight scoop. time, and at the encouragement of his mother, nity. He can find the bottom line . . . and see he began sending his drawings to magazines. In 1960, Larry and Betty moved to Southern around the comers . . . and strategize a way After sending out thousands of drawings, he California where he worked in the aerospace to get you where you want to go. He works on achieved his first national publication in 1947, and defense industry for Lockheed, Litton, and numerous campaigns in South Texas during which was in a baking industry publication finally as a Vice-President of Northrop in election season, and he understands the pre- called Baker’s Helper, and which earned him Newbury Park. cise—yet nuanced—intersection of politics, a check of $5. After several publications of his In 1973, Larry began his career in politics policy, people, and the art of the possible. work on roughly the same scale, Morrie got by winning a seat on the Thousand Oaks City Here on the Hill and in the international his first big break when Better Homes & Gar- Council. He served on the Council for more community, Lencho has made more friends dens bought one of his cartoons for $75.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.071 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E982 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 Throughout his many years of drawing, wartime and their effect on the men and great science museum, a 182-year tradition of Morrie had received no formal art training and women of our Armed Services. I am a co- recognizing brilliant achievement and pro- so he sought advice and encouragement from sponsor of this bill because I believe we re- moting the pursuit of science and technology other professional cartoonists. In that process, quire comprehensive knowledge regarding the for the public good continues to inspire a pas- he began to question why there were no art- health effects of various chemical and biologi- sion for learning in millions of people each ists from communities of color working as pro- cal agents carried out under Project 112/ year. fessional cartoonists, particularly among those SHAD, so that we can more fully understand The Franklin Institute Awards Program— who were publishing national pieces. In re- what exposure to them means for our vet- considered by many as the American version sponse, his mentor Charles Schultz, creator of erans. of the Nobel Prize—is one of the oldest and the infamous Peanuts strip, suggested that The consequences of exposure to chemical most renowned science and technology Morrie create one. In the early 1960s he did and biological agents like Vx nerve gas, Sarin awards programs in the world. The program’s just that, creating Dinky Fellas, the strip that Nerve Gas and E. coli have long been de- distinguished history dates back to 1824, would later evolve into the hugely successful bated by those in the scientific community. We when the Institute was founded by a group of Wee Pals, a strip that takes place in a world already know that long-term exposure to leading Philadelphians to train artisans and without prejudice and that celebrated ethnic, Agent Orange, an herbicide used for 10 years mechanics. Philadelphia, then the largest city racial, cultural and other differences in our so- during the Vietnam War to defoliate and de- in the United States, was the Nation’s innova- ciety. In 1965, the series became the first stroy crops, increases the risk of cancer, and tion and manufacturing center. In 1824, the In- multi-ethnic cartoon syndicated in the United the Air Force and the U.S. Department of Vet- stitute arranged the first of what became a se- States. Wee Pals went on to appear in over eran Affairs now officially recognize that expo- ries of regular exhibitions of manufactured 100 newspapers worldwide, and has also fea- sure to this chemical plays a role in the forma- goods and inventions. tured a weekly additional panel called Soul tion of diabetes. However, some 50 years fol- With these exhibitions came the presen- Corner, in which the life of a famous person lowing initial exposure, the specific health ef- tation of awards—first certificates and later en- from a community of color is detailed. fects other chemical and biological agents dowed medals—for scientific and technical Wee Pals also carries special significance in have on the human body are not fully under- achievement. Recipients are selected by the my district, because it later became the cor- stood. It is imperative to determine whether Institute’s Committee on Science and the Arts, nerstone of an Oakland Police Department exposure to those agents, tested on unknow- which was founded as the Committee on In- ventions with the beginning of the program. crime prevention and safety program. Through ing military personnel by the Department of Fields recognized today include Chemistry, this effort, Morrie’s message of open minded- Defense between 1962 and 1974, correlate Computer and Cognitive Science, Earth and ness, equality and cultural embrace was cou- with life threatening diseases. The American Environmental Science, Engineering, Life pled with one of public safety and community people deserve answers and this Commission Science and Physics. Through a rigorous and service, thereby impacting the lives of count- will help provide those answers. unique case-prosecution process, the Com- less young people and families in the 9th Con- Thousands of brave veterans of foreign mittee evaluates the work of nominated indi- gressional District and beyond. wars reside in my district, individuals who viduals whose uncommon insight, skill or cre- Morrie’s outstanding work in periodicals has have put their very existence on the line to de- ativity has influenced future research or appli- been recognized by the public on numerous fend every right, ideal and freedom that this cations to benefit the public. occasions, as have his published children’s noble country exemplifies. We owe the pas- The newest awards, the Bower Award for books, whose titles include The Illustrated Bi- sage of this legislation to these men and Business Leadership and the Bower Award ography of Martin Luther King, Jr. He was women and to all those who have been ex- and Prize for Achievement in Science, were honored in 2000 by the Cartoonist Society posed to Agent Orange and to other destruc- made possible by a $7.5 million bequest in with their Sparky Award, has been introduced tive chemicals. Just last year, Western New 1988 from Henry Bower, a Philadelphia chem- into the California Public Education Hall of York native and veteran Nelson C. Hughes ical manufacturer. The Bower Science Award Fame and has also been recognized by Chil- passed away from cancer after being exposed carries a cash prize of $250,000, one of the dren’s Fairyland in Oakland; he is also the to Agent Orange in Vietnam. He was one of richest science prizes in America. subject of a film called Keeping the Faith with the Nation’s leading advocates of Vietnam vet- The list of Franklin Institute Laureates reads Morrie. erans suffering from Agent Orange exposure. like a canon of 19th, 20th and 21st century On May 31, 2006, the friends, family and I am troubled that in this time of prolific med- scientific achievement. The honor roll includes colleagues of Morrie Turner will come together ical advances we are still unable to under- Alexander Graham Bell, Marie Curie, Rudolph to celebrate the career and immeasurable stand how some chemicals used by our own Diesel, Thomas Edison, Niels Bohr, Max contributions of Morrie Turner to our commu- government affect the human body. Mr. Planck, Albert Einstein and, more recently Ste- nity. On this very special day, I join all of them Speaker, I call on Congress to honor Mr. phen Hawking, David Packard, Roy Vagelos, in thanking and saluting Morrie for his invalu- Hughes and all U.S. veterans by passing this Jane Goodall, Herb Kelleher, and Gordon able service to our community, and for the bill. We have a duty to make every conceiv- Moore—to name a few. To date, 105 Franklin profoundly positive impact his work has had able effort in the fight to understand and to Institute Laureates have also been honored on countless lives here in California’s 9th U.S. treat their ailments, many of which may be di- with 107 Nobel Prizes. Congressional District, across our country and rectly or indirectly related to chemical expo- I invite Congress and all citizens of these throughout the world. sure our government facilitated. United States to join me in congratulating the f f newest names to be added to this roll call of genius: ENCOURAGING COMPREHENSIVE REGARDING THE 2006 LAUREATES The winner of the 2006 Benjamin Franklin INVESTIGATION INTO THE OF THE FRANKLIN INSTITUTE’S Medal in Chemistry, Samuel J. Danishefsky, of HEALTH EFFECTS OF AGENT OR- AWARDS PROGRAM Memorial Sloan-Kettering Cancer Center and ANGE EXPOSURE Columbia University, for his achievements in HON. CHAKA FATTAH the art and science of synthetic organic chem- HON. BRIAN HIGGINS OF PENNSYLVANIA istry, particularly for the development of strate- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES gies and methods for the preparation of com- IN THE HOUSE OF REPRESENTATIVES Thursday, May 25, 2006 plex natural products and related compounds, Thursday, May 25, 2006 including oligosaccharide immunoconjugate Mr. FATTAH. Mr. Speaker, I rise today to vaccines, and their emerging applications in Mr. HIGGINS. Mr. Speaker, I rise today in congratulate, on behalf of the Commonwealth the field of cancer chemotherapy. strong support of H.R. 4259. This important of Pennsylvania and the Nation, the 2006 Lau- The winner of the 2006 Benjamin Franklin legislation would create the Veterans’ Right to reates of The Franklin Institute Awards Pro- Medal in Computer & Cognitive Science, Don- Know Commission, an investigative body com- gram. Ten brilliant individuals will be honored ald A. Norman, of Northwestern University and prised of distinguished veterans of the United on April 27, 2006 in the Benjamin Franklin Na- Nielsen Norman Group, for his development of States Armed Forces and honorable citizens tional Memorial at The Franklin Institute in the field of user-centered design, which of our great Nation. The Commission would be Philadelphia, for their outstanding achieve- through the use of conceptual models, feed- delegated the task of comprehensively inves- ments in science, technology, business, and back, affordances, and constraints leads to the tigating the usage of chemical and biological philanthropy. Through the outstanding leader- creation of interactive technologies which are agents employed by the U.S. military during ship of The Franklin Institute, Philadelphia’s easily employed by humans.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.074 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E983 The winners of the 2006 Benjamin Franklin HONORING ASIAN PACIFIC Mr. Speaker, as we congratulate Asian Pa- Medal in Earth & Environmental Science, Luna AMERICAN HERITAGE MONTH cific Americans for their accomplishments, we B. Leopold, of the University of California and also recognize their struggles. Asian Pacific M. Gordon Wolman, of The Johns Hopkins HON. TOM LANTOS Americans contribute so much to our nation University, for advancing our understanding of OF CALIFORNIA and we must ensure that this community is how natural and human activities sculpt land- IN THE HOUSE OF REPRESENTATIVES treated with the great respect it richly de- scapes and influence landscape evolution. Thursday, May 25, 2006 serves. I urge all my colleagues to join me in They developed the first comprehensive expla- honoring Asian Pacific Americans. Mr. LANTOS. Mr. Speaker, I rise today in nation of why rivers have different f morphologies and how floodplains develop. honor of Asian Pacific American Heritage HONORING CAPTAIN CURTIS A. Their contributions form the basis of process Month to recognize the proud past Asian Pa- SPRINGER, UNITED STATES geomorphology, modern water resource man- cific Americans have woven into our history COAST GUARD agement, and environmental assessment. and the important contributions they offer our society today. I have the great honor of rep- I regret to inform the Members that Dr. resenting an incredibly diverse 12th Congres- Leopold passed away in February. We ex- HON. C.A. DUTCH RUPPERSBERGER sional district of California, where I am proud press our sympathy to his family and join them OF MARYLAND to say, we have the largest population of Fili- IN THE HOUSE OF REPRESENTATIVES in honoring his legacy. pinos outside the Philippines and one of the Thursday, May 25, 2006 Please also join me in honoring: The winner largest populations of Asian Pacific Americans of the 2006 Benjamin Franklin Medal in Life in the entire United States. Mr. RUPPERSBERGER. Mr. Speaker, I rise Science, Fernando Nottebohm, of The Rocke- We choose to recognize Asian Pacific today to honor Captain Curtis A. Springer, feller University, for his discovery of neuronal Americans (APA) in May because of two anni- Commander of Coast Guard Sector Baltimore, replacement in the adult vertebrate brain, and versaries this month: the arrival in the United Maryland, since June 2003. As Commander, the elaboration of the mechanism and cho- States of the first Japanese immigrants in Captain Springer has worn many important reography of this phenomenon; and also for 1843 and the completion of the trans- hats. He is Captain of the Port for the Port of showing that neuronal stem cells are the re- continental railroad in 1869. Both are land- Baltimore, Officer in Charge of Marine Inspec- sponsible agents, thereby generating a com- mark events that contributed greatly to the for- tion, Federal On-Scene Coordinator, Search pletely new approach to the quest for cures for mation of our country and prosperity. and Rescue Mission Coordinator, and Federal brain injury and degenerative disease. The APA Community is a modern example Maritime Security Coordinator for all Coast The winner of the 2006 Benjamin Franklin of the American dream. Arriving as immi- Guard operational missions performed in the Medal in Civil Engineering, Ray W. Clough, of grants, and overcoming adversity, years of Upper Chesapeake Bay and Washington, DC. the University of California, Berkeley, for revo- discrimination and at times shocking treatment Despite this overwhelming portfolio of re- lutionizing engineering and scientific computa- at the hands of government and citizens alike, sponsibilities, Captain Springer has served the tion, and engineering design methods, through they have become one of the most successful citizens of Maryland and this Nation quietly, his contributions to the formulation and devel- and educated minority populations. Their honorably, and exceptionally. Embodying all opment of the finite element analysis method, unique contribution to areas such as business, that the United States Coast Guard is, Captain and for his innovative leadership in estab- science, technology, art and entertainment are Springer has accepted his many roles and lishing the field of earthquake engineering. unrivaled. worked with his team regardless of the re- The winners of the 2006 Benjamin Franklin With 15 million residents, they are also the sources provided. This is a man who has Medal in Physics, Giacinto Scoles, of Prince- fastest growing population in our country and earned respect the old fashioned way, through ton University and Peter Toennies, of the Max are estimated to reach 33 million by 2050. hard work and a sense of duty. Captain Springer and I have been through Planck Institute, for the development of tech- This hard working community is responsible much together: from dealing with the impact of niques to study molecules embedded in super- for much of the success and development of the storm surge to Hurricane Isabel, to the fluid helium nanodroplets by high-resolution our great nation. In this age of immigration de- water taxi disaster in Baltimore’s Inner Harbor spectroscopy. These techniques allowed for bate, the APA community reminds us that we to homeland security issues facing the Port of the investigation of reactive and fragile mol- are ourselves a country of immigrants and the Baltimore. Through it all, Captain Springer has ecules that could not be examined in other APA community represents what is best about always ensured that the task at hand be com- ways, and also enabled them to study super- America with their dedication and loyalty to pleted at highest of standards. fluid helium with unprecedented precision, fighting for freedom. As we remember how they have helped to enhance the quality of our Captain Springer is a unique leader with an yielding insights into superfluidity at the innate sense of what needs to be done. As nanoscale level. communities and country, we should also ask how we could help to fight the challenges they Captain of the Port, he is required to keep Finally, we congratulate: The winner of the face. trouble away from our waterways before it ar- 2006 Bower Award and Prize for Scientific Although APA’s have a high percentage of rives. It is critical to balance the economic re- Achievement, Narain G. Hingorani, for the college graduates for a minority population, at alities of commerce and the impact on the pri- conceptualization and pioneering advance- 50 percent, they still face growing poverty vate sector with the safety of the port. He has ment of the Flexible Alternating Current Trans- issues. Although the Asian Pacific American kept these often competing interests in deli- mission System (FACTS) and Custom Power community has been very successful many cate balance. Beyond his military and maritime in electric power systems, and for outstanding still face unfair problems connected with its duties, Captain Springer understands Balti- technical contributions in High Voltage Direct status as a minority. When budget cuts to more is a working port. His wise decisions Current Technology, which have enhanced the education and health care are made, the have positively affected the State of Maryland quality and security of the electric power sys- Asian American community suffers greatly. and the people who do business at the port. tem. Fourteen percent of the APA community has Captain Springer received his commission And, the Winner of the 2006 Bower Award incomes at or below the poverty line. With gas from Officer Candidate School in 1982 after for Business Leadership, Ted Turner, for his prices and college tuitions rising, the last five graduating from Methodist College in Fayette- visionary leadership in the worlds of business years has seen 28,000 Asian Americans fall ville, North Carolina, where in 1980 he re- and media, as well as his philanthropic com- into poverty. 1.1 million small businesses are ceived a bachelors of arts degree in edu- mitment to the health of our planet and the owned by APAs and have been hurt by reduc- cation. He received a master of public admin- well being of its people. tions in funding for small businesses. istration from Michigan State University and a Mr. Speaker, thank you for the opportunity 312,000 Asian Pacific Americans are vet- master of business administration from the to honor these trailblazers. Their collective erans. Having defended our country, they de- Sloan School of Management at the Massa- body of work has changed the course of mod- serve benefits such as health care, which chusetts Institute of Technology. ern progress and greatly improved the human have been cut for the fourth year in a row. Throughout his Coast Guard career, Captain condition. This year, as our Nation celebrates Last year, in the 108th session of Congress, Springer’s assignments have included staff of- the 300th anniversary of the birth of Benjamin I cosponsored legislation that gave Filipino ficer at Reserve Training Programs Division Franklin and his legacy of industry, learning, American veterans who were a legal alien or Coast Guard Headquarters, Washington, DC; patriotism and liberty, it is very fitting—in the citizen, the same health and pension benefits Deck Watch Officer and Operations Officer spirit of Dr. Franklin—that we recognize the that our other veterans receive. I will continue aboard the Coast Guard Cutter Mallow in Hon- achievements of these individuals. to fight for equal treatment in the future. olulu, HI; Operations Officer aboard the Coast

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\K25MY8.001 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E984 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 Guard Cutter Citrus in Coos Bay, OR; Chief of Church Cathedral of Faith in Miami, Florida. It was just last year that this body voted to the Maritime Law Enforcement School at the The heart of every caring person aches be- authorize $100 million for the SEP in the En- Coast Guard’s Training Center in Petaluma, cause of the burden that now must be borne ergy Policy Act of 2005. In his FY07 budget CA; Commanding Officer of the Coast Guard by his father, Jeffrey Sr., his mother, Brenda, request, the President asked for $49.5 million Cutter Anacapa in Petersburg, Alaska; Pro- and his beloved sister, Jarrika. The magnitude for the SEP, restoring a 20 percent cut from gram Reviewer in the Programs Division of the of their loss is truly beyond understanding. last year. So I find it troubling that the Energy Office of the Chief of Staff, Coast Guard I had the distinct honor and special privilege and Water Development Subcommittee voted Headquarters, Washington, DC; Commander to have this young man serve as an intern in in contradiction both to the Administration’s of Coast Guard Group Ohio Valley in Louis- my office, where he epitomized standards of proposal and the recently adopted energy pol- ville, Kentucky; and Executive Assistant to the excellence and personal warmth in responding icy of Congress. Atlantic Area Commander in Portsmouth, VA. to the needs and concerns of my constituents. SEP has a proven record of reducing en- His most recent assignment was as Deputy Many of them recall Jeffrey as the young in- ergy consumption for residential consumers, Chief, Office of Programs and Chief, Programs tern who greeted them with utmost respect as well as schools, hospitals, small busi- Review Division in the Office of the Chief of and empathy. He easily stood as a model stu- nesses and agriculture, and has funded a vari- Staff at Coast Guard Headquarters. dent, defined by his quiet but dignified de- ety of important programs in Colorado. Captain Springer’s military decorations in- meanor. His exemplary conduct and his study Restoration of SEP funding will have an im- clude three Coast Guard Meritorious Service ethic garnered him the unique distinction that mediate effect on reducing demand for en- Medals, two Coast Guard Commendation served as an example to all students seeking ergy, allowing us to leverage specific invest- Medals, two Coast Guard Achievement Med- to prepare themselves as the leaders of to- ments in a variety of energy efficiency projects als, and a Commandant’s Letter of Com- morrow through the power of the educated in all types of buildings. In addition, SEP fund- mendation. mind and the sensitivity of a caring heart. ing will permit us to expand aggressive public Beyond it all, I have always been struck by Jeffrey was a very special young man, and information efforts, convincing consumers and Captain Springer’s down-to-earth ‘‘just the we are fortunate to have known him and are businesses alike to increase their use of en- facts’’ approach. He is simply a good guy who grateful for the gifts he left with us. Every per- ergy efficient products, add insulation to their wants to get it right; and I, for one, am grateful son of goodwill is moved by his extraordinary homes, utilize hybrid or ethanol-fueled vehi- for that. life and the tragedy of his premature passing. cles, etc. Studies have shown that for every Mr. Speaker, I ask that you join with me in I pray that his family will somehow be com- Federal dollar invested in this program, over thanking Captain Curtis A. Springer for all he forted by the fact that Jeffrey graced our lives, $7 is saved in direct energy costs. has accomplished in Sector Baltimore, and to that he touched the lives of so many people I am pleased that the DeLauro amendment wish him the best of luck in his next assign- during his all-too-brief time on this earth, and passed the House, and I regret that the final ment. that we will never forget him. vote tally does not reflect my strong support for the State Energy Program. f f f REMEMBRANCE OF JEFFREY ENERGY AND WATER DEVELOP- JARNELL JOHNSON, JR.: A LIFE MENT APPROPRIATIONS ACT, TRIBUTE TO DORETHA ADAMS OF ACCOMPLISHMENT, CARING 2007 AND PROMISE HON. JAMES E. CLYBURN HON. MARK UDALL OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES HON. KENDRICK B. MEEK OF COLORADO OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Thursday, May 25, 2006 IN THE HOUSE OF REPRESENTATIVES Thursday, May 25, 2006 Mr. CLYBURN. Mr. Speaker, I rise today to pay tribute to a wonderful educator who has Thursday, May 25, 2006 The House in Committee of the Whole devoted her career to giving our young chil- Mr. MEEK of Florida. Mr. Speaker, Jeffrey House on the State of the Union had under consideration the bill (H.R. 5427), making ap- dren a literal head start in life. Mrs. Doretha Johnson was a strong and gifted young man. propriations for energy and water develop- Adams is retiring after more than 35 years of I recognized it, and my staff recognized it, ment for the fiscal year ending September 30, teaching, and I join with those celebrating her when he served as a high school intern in my 2007, and for other purposes: extraordinary career. Congressional office. His teachers also recog- Mr. UDALL of Colorado. Mr. Chairman, on Mrs. Adams knew when she attended col- nized his abilities, as did his coaches, and Rollcall 198, I inadvertently voted against the lege in Columbia, SC. that children were going even college administrators at institutions he amendment offered by my colleague Rep. to be an important part of her future. She never attended. He was a bright and shining ROSA DELAURO to restore $25 million to the graduated from Allen University in 1965 with a young man with talent, direction and purpose, Department of Energy’s State Energy Pro- bachelor of science degree majoring in and he had unlimited potential. gram. I had intended to vote yes because the science and minoring in physical education. When Jeffrey put his mind to something, State Energy Program is effective and impor- She also earned a therapeutic recreation de- and focused his energy on it, he would over- tant program that provides vital funds to 55 gree from Benedict College along with a child come any obstacle to achieve it. Today, State Energy Offices around the country. development certification. She continued her Thursday, May 25th, Jeffrey would have grad- While energy prices continue to escalate, education at the University of Georgia and uated Summa Cum Laude, and received the State Energy Offices are one of the few on the South Carolina State University where she Miami-Dade County School Superintendent’s ground resources to increase energy efficiency completed a master’s degree in early child- Diploma of Distinction, from Carol City Sr. for consumers, educate the public on ways of hood education. High School. He was imbued with intelligence, reducing energy use, and monitor the price Mrs. Adams’s career in education began in as evidenced by his grade point average, and supply situation. 1965 at Central High School in Amherst, VA, which landed him a Bright Futures full aca- That’s why I was puzzled and disappointed where she taught science and physical edu- demic scholarship to St. Thomas University in that the Energy and Water Development Ap- cation. She also found time to coach the Girls Miami, where he looked forward to studying propriations Subcommittee effectively termi- Varsity basketball team for 3 years. law. nated the State Energy Program, SEP, in its However in 1969, she returned to Columbia, I truly believe that Jeffrey would have be- FY07 bill. SC, and served as a substitute teacher in come a leader in our community and perhaps In many of the States, the impact will be Richland School District One. As a parent, even in our country, a person of consequence, devastating. For States without other dedi- Mrs. Adams found a new career when she en- a role model for others, and a force in the cated sources of revenue, State energy serv- rolled her first child at Ridgewood Headstart world for good. ices will be terminated. Many legislatures have Center in 1972 and became a volunteer and Sadly, however, this strong, gifted, 17-year- already adjourned for the year and will not the PTA president. Her enthusiasm for the old young man was tragically and senselessly have an opportunity to attempt to step into the Headstart program was evident, and the fol- killed in a shooting early Sunday, May 21, breach. Destroying the State Energy Offices at lowing year she was offered a position as a 2006. Our entire Dade County community is the very time that energy costs are hovering at Headstart teacher with the Midland Commu- consumed in grief and sorrow because of his record highs, many oil producing nations are nity Action Agency, which later became the passing. His funeral services will be held Sat- unstable, and supplies are tight makes no Midland Human Resource Development Com- urday, May 27th, at the New Birth Baptist sense. mission. There she flourished in the classroom

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.076 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E985 as she helped prepare young children for the This beautiful shore community was incor- The Coast Guard is an extremely well run rigors of school and helped mold their char- porated on March 9, 1906, when it seceded and managed Federal agency. These are the acters. from Ocean Township. Monmouth Beach is a people who ensure our ports and waterways Throughout her life, Mrs. Adams has had a small town, encompassing only one square are secure. They also spearhead any water passion for writing. She is well known for her mile, but it offers beautiful white sand beaches emergency efforts. In addition, the Coast love of poems, many of which have been pub- and friendly year round residents as part of its Guard was instrumental in the Katrina relief ef- lished. She also shares her poems with family charm. The town’s beaches offer some of the fort; lives were saved because of their profes- and friends for funerals, class reunions, and best fishing opportunities in the country. sionalism, perseverance and courage. It is family reunions. Currently she is working on a Monmouth Beach began its centennial cele- such a great agency because of leaders like book about her mother’s life, which she hopes bration on May 19, 2006 and residents will CPT Brian D. Kelly. to have published. continue to celebrate this special event Mr. Speaker, I ask that you join with me This love of writing led Mrs. Adams to ex- throughout the year. The celebration includes today to honor CPT Brian D. Kelly. He is a re- plore another area of teaching and in 1987 an exhibit of historical artifacts from the town markable leader and has served his country she took over the Richland School District of Monmouth Beach and original artwork from well. I look forward to working with him in the One Writing Lab at Eau Claire High School. the many talented artists who reside in Mon- future. Welcome to Sector Baltimore, Captain. For 5 years, she enjoyed sharing her love of mouth Beach. On May 21, 2006, the Mon- f writing with students; however, the tug of mouth Beach Police Department also cele- young children soon pulled her back to her brated its 100th birthday. I commend this fine TRIBUTE TO MICHAEL M. ADLER, roots in the Headstart program. institution for its service to the community of PRESIDENT OF THE GREATER In 1992, Mrs. Adams became the center co- Monmouth Beach. MIAMI JEWISH FEDERATION ordinator/teacher at the Lexington Headstart Mr. Speaker, I am proud to represent the Center. She remained in that capacity until citizens of Monmouth Beach and join with HON. KENDRICK B. MEEK earlier this month when she officially retired them in celebrating the centennial. Therefore, OF FLORIDA after an amazing career in education. I rise today to honor the 100th anniversary of IN THE HOUSE OF REPRESENTATIVES Throughout her career, Doretha Adams has the founding of Monmouth Beach. Thursday, May 25, 2006 enjoyed the support of her family, husband f George N. Adams and their three children. Mr. MEEK of Florida. Mr. Speaker, I rise to Today she has four grandsons and a great HONORING CAPTAIN BRIAN D. honor Michael M. Adler, who today concludes grandson. KELLY his two-year term as President of the Greater She has also been guided through life by Miami Jewish Federation, marking 30 years of her faith. Mrs. Adams has been a member of HON. C.A. DUTCH RUPPERSBERGER dedicated service to the Federation and the First Nazareth Baptist Church for more than OF MARYLAND community. 50 years and serves on the Senior Missionary IN THE HOUSE OF REPRESENTATIVES Michael Adler’s connection to Miami is strong, and for him, community involvement is Society. She is also a member of Delta Sigma Thursday, May 25, 2006 Theta Sorority and the Ladies Auxiliary Club at a family affair. He has the distinction of being the VFW Post 4262. Mr. RUPPERSBERGER. Mr. Speaker, I rise Federation’s only second-generation president, Mr. Speaker, I ask you and my colleagues before you today to honor Captain Brian D. following in the footsteps of his father, the late to join me in congratulating Mrs. Doretha Kelly, chief of the Office of Command and Samuel I. Adler, who held the position from Adams for her dedication to and love for edu- Control in the Operations Directorate at U.S. 1984 to 1986. For two years prior to being cation. She has been a wonderful role model Coast Guard Headquarters. Over the years, elected President of Federation, Michael and good influence on countless young lives, Captain Kelly has served his country to the served as the General Campaign Chair for the and I offer her best wishes and God speed best of his ability and deserves recognition for Federation/United Jewish Appeal Campaign, upon her retirement. his leadership. which raises more than $22 million annually f Captain Kelly started his career with a solid for much-needed services in Miami, Israel and foundation. He attended two fine institutions, in almost 60 countries around the world. IN HONOR OF THE 100TH ANNIVER- which provided him with the proper education, Michael has also served on and chaired nu- SARY OF THE FOUNDING OF THE training, and skills he would later need to suc- merous committees as part of his service to TOWN OF MONMOUTH BEACH ceed in the United States Coast Guard. With Federation. Along with his wife, Judy, he was a B.S. in government, he graduated in 1982 a founding member of the Young Adults Divi- HON. FRANK PALLONE, JR. from the U.S. Coast Guard Academy. Several sion, chairing it from 1975 to 1977, and was OF NEW JERSEY years later, he attended the U.S. Naval Post- later Chairman of the National Young Leader- IN THE HOUSE OF REPRESENTATIVES graduate School where he earned an M.S. in ship Cabinet. In addition to his Federation ac- management. The formal training he received tivities, he has also served as President of Thursday, May 25, 2006 certainly played an integral role in Captain Temple Emanu-el on Miami Beach from 1995 Mr. PALLONE. Mr. Speaker, I rise today to Kelly’s success. to 1998. Over the years Michael has received honor and recognize the 100th anniversary of In his current role in the Office of Command many awards and honors for his involvement, the founding of the town of Monmouth Beach. and Control, Captain Kelly was charged with including the UJA’s Herbert H. Lehman Award Monmouth Beach is a town in my district the task of running the Coast Guard’s Com- for Distinguished Service, and the Federation’s that lies between the Atlantic Ocean and the mand Center, as well as the National Re- prestigious Stanley C. Myers Presidents’ Shrewsbury River. Monmouth Beach was sponse Center. His contributions to this de- Leadership Award. originally part of Shrewsbury Township, which partment have been exceptional. Everyday he His successes extend far beyond his activi- was formed in October 1693. The borough be- works with his team to protect and serve the ties in the Jewish community. He is Chairman came part of Ocean Township in 1849. While citizens of the United States. and CEO of the Adler Group, one of South the town remains mostly residential, it has a The post 9–11 world we live in has changed Florida’s largest and most successful real es- tourism industry that dates back as early as the way our servicemen and women work to tate companies, and he has been involved 1842. protect America. A top priority has been to en- with several successful business ventures in One of the oldest and most unique buildings sure our Coast Guard has the proper training Israel, working closely with Prime Minister in town, the Church of Precious Blood, is a they need to protect this great Nation. In Ariel Sharon when Sharon served as Israel’s unique Monmouth Beach landmark. This 110- 2002–2003 Captain Kelly served as a Federal Housing Minister, to oversee the construction year-old structure was built by local ship- Executive Fellow at the Center for Strategic of new homes for immigrant families. builders to resemble an upside-down ship. and International Studies. Through this pro- Michael is also active in the political com- The town once included the flourishing Gal- gram, Captain Kelly worked on a number of munity, founding NACPAC, a local pro-Israel ilee fishing community. Fishermen in the com- initiatives which included Iraqi post-conflict re- action committee. He now serves as Chair of munity sold most of their catches to merchants construction; national security simulation exer- the Jewish Democratic Council’s Political Ac- at New York City’s historic Fulton Fish Market. cises; Smart Border North; and the CSIS Mili- tion Committee, and is very active in the At one time, this community and the sur- tary Strategy. The knowledge he gained Democratic Party. rounding area housed the largest pound boat through these programs greatly impacted the Our entire community owes a tremendous fishing industry along the U.S. coast. way he executed future directives. debt of gratitude to Michael Adler for all that

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.079 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E986 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 he has contributed to so many people over his advice and support. We wish Bill tremendous my former constituent, Chairman and Founder years of caring and service. I know I speak for success in all of his future endeavors. of the Black American Heritage Foundation, all my colleagues in extending to him a heart- f Mr. Clarence Irving. felt ‘‘thank you’’ and our best wishes to Mi- In 1976, Mr. Irving conceived the idea of chael, his wife, Judy, and their children Mat- IN SUPPORT OF THE STEM CELL commemorating Black American Women on thew, David and Rachel. RESEARCH ENHANCEMENT ACT U.S. Postage Stamps. His proposal was that f either of two women, Dr. Mary McLeod Be- HON. BETTY McCOLLUM thune or Mary Church Terrell be so com- TRIBUTE TO WILLIAM ‘‘BILL’’ OF MINNESOTA memorated. This proposal was presented to ALLEN IN THE HOUSE OF REPRESENTATIVES the Honorable Joseph P. Addabbo who rep- Thursday, May 25, 2006 resented my district at the time and the initia- HON. VERNON J. EHLERS tive became part of the activities surrounding OF MICHIGAN Ms. MCCOLLUM of Minnesota. Mr. Speak- the bicentennial celebration of the United IN THE HOUSE OF REPRESENTATIVES er, I rise today in support of expanding critical States. stem cell research and to urge the Senate to Thursday, May 25, 2006 Two years later, the U.S. Postal Service take action on the Stem Cell Research En- created a completely new series commemo- Mr. EHLERS. Mr. Speaker, I rise today to hancement Act (S. 471). rating Black Americans, with Harriet Tubman pay tribute to William ‘‘Bill’’ Allen. Bill is leav- One year ago, on May 24, 2005, the House chosen as the first historical figure to start the ing the House of Representatives after nearly of Representatives passed the Stem Cell Re- ‘‘Black Heritage USA Series’’. Each year an- 4 years of distinguished service to this institu- search Enhancement Act (H.R. 810) by a vote other stamp appears in this commemorative tion as an attorney with the Office of House of 238–194. I voted for this legislation because series honoring a prominent African American Employment Counsel. As an Associate Coun- it increases funding for stem cell research, of- figure. sel in the Office of House Employment Coun- fering hope and the possibility of a cure for Today, at 82, Clarence Irving still heads the sel, Bill has provided legal advice and counsel millions of Americans suffering from chronic Black American Heritage Foundation, orga- on employment issues to at least 124 current and terminal illness. H.R. 810 also provides nizing or supporting African American art ini- Members of Congress, 18 House Committees, for the implementation of ethical guidelines to tiatives throughout the country. I am grateful the House Officers, and the United States govern this research. for his determination in realizing his vision and Capitol Police Board. Bill’s clients can attest to H.R. 810 would help to make significant ad- acknowledge him as the ‘‘Father of the Black his tremendous intelligence, legal prowess, vances toward finding a cure for currently in- Heritage Stamp Series’’. creativity, and wit. In addition to his many curable diseases such as juvenile diabetes, f other contributions, in November 2005, Bill Alzheimer’s, Parkinson’s, and spinal cord inju- presented oral arguments on the scope of the ries. Furthermore, expanding this research IN APPRECIATION OF MS. AMY Speech or Debate Clause before a rare en would increase our understanding of the ab- WOOLF banc panel of the United States Court of Ap- normal cell growth that occurs in cancer and peals for the District of Columbia Circuit. birth defects, which would help create a safer HON. C.A. DUTCH RUPPERSBERGER A Connecticut native and son of Frederick and more efficient way of developing effective OF MARYLAND E. Allen and the late Evelyn M. Allen, Bill was drugs. IN THE HOUSE OF REPRESENTATIVES raised in Ridgefield, Connecticut. Following his For millions of individuals and their families, Thursday, May 25, 2006 junior year of high school, Bill spent a week as stem cell research provides hope for a life part of a fellowship program sponsored by the without the stress and suffering that accom- Mr. RUPPERSBERGER. Mr. Speaker, I rise Connecticut Congressional delegation. As a pany these serious health-related conditions. before you today in appreciation of an out- true New Englander, Bill grew to be a diehard Expanding funding for this science is an effec- standing leader in the education field. I am Boston Red Sox fan and his faith was finally tive way to cultivate the remarkable potential pleased to acknowledge the dedication of Ms. rewarded in October 2004 when the Red Sox of a technology which could increase our un- Amy Woolf, an educator at Edgewood High won their first World Series in 86 years. derstanding of causes, improve the effective- School in Harford County. A rare ‘‘Triple Hoo’’, Bill earned his Bachelor ness of treatments, and advance our ability to Ms. Woolf attended SUNY Geneseo where of Science, Masters in Business Administra- find cures for a wide range of debilitating dis- she earned her degree in Biology and Sec- tion, and Juris Doctor from the University of eases and other conditions. ondary Education Certification in Biology and Virginia. While at the University of Virginia, Bill Unfortunately, despite widespread, bi-par- General Science. She went on to further her represented the Engineering School, the Dar- tisan support for this legislation, including over education at Towson University earning a den School, and the Law School on the Uni- 200 patient groups, universities, scientific soci- Master’s Degree in Health in 1998 and an Ad- versity’s renowned student-run Honor Com- eties, more than 75 national and local news- ministrative Certificate in 2003. mittee. Bill also served as an officer in the papers, and 80 Nobel Laureates, the Senate She has been very active in Edgewood High Raven Society and the Virginia Alpha Chapter has yet to bring it to the Floor for a vote. It is School. She is the advisor to the Honor Soci- of Tau Beta Pi, the national engineering honor time for the Senate to act to expand stem cell ety; a tennis coach; a member of the School society. research. Improvement Team; a member of both the Bill is returning to private practice as a Sen- Mr. Speaker, I urge my colleagues to join Honors and Eligibility Committees; a student ior Counsel at the law firm of Akin, Gump, me today in recognizing the importance of teacher supervisor; a presenter at staff devel- Strauss, Hauer & Feld, L.L.P, where he continuing efforts to improve the quality of life opments; and a member of the Faculty Advi- worked from 1996 to 2002 on various class for all Americans by implementing legislation sory Council. actions involving Title VII and the Fair Labor to expand stem cell research. Ms. Woolf wears many hats while teaching Standards Act. In private practice, Bill intends f at Edgewood High School. She plays a vital to resume his pro bono activity in the field of role in the education her students receive by immigration law. While at the firm, Bill aver- RECOGNIZING THE HISTORY OF her involvement in the General Curriculum aged over 100 hours of pro bono work per THE BLACK HERITAGE STAMP Committee, the Forensic Science Curriculum year and, in 2001, was named Akin Gump’s SERIES AND HONORING CLAR- and the Curriculum Committee for Math- Pro Bono Lawyer of the Year for the firm’s ENCE IRVING Science Magnet. She is also a Biology Cur- D.C. office. Bill’s pro bono representations in- riculum writer. cluded obtaining political asylum for a Suda- HON. GREGORY W. MEEKS James Garfield said, ‘‘Next in importance to nese national who had been repeatedly kid- OF NEW YORK freedom and justice is popular education, with- napped and tortured by the Sudanese govern- IN THE HOUSE OF REPRESENTATIVES out which neither freedom nor justice can be ment and obtaining United States citizenship permanently maintained.’’ I believe that edu- for an Ethiopian national. Thursday, May 25, 2006 cation is the key to success in life. We need The U.S. House of Representatives would Mr. MEEKS of New York. Mr. Speaker, I teachers who love their jobs and encourage like to express its deepest gratitude to Bill rise today, during the week of the World Phila- their students to thrive in a competitive envi- Allen for his invaluable service to this institu- telic Exhibition being held at the Washington ronment. Ms. Woolf is one of those teachers. tion. Bill has worked tirelessly to provide Convention Center, to recognize the history of The best thing teachers can do is give their House Employing offices with excellent legal the Black Heritage Stamp Series and to honor students something to think about outside of

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.082 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E987 the classroom, and that doesn’t mean home- Five friends have joined the McGahee’s on of Hurricane Katrina when it impacted the Gulf work. A successful teacher will place a this voyage, which will include a stop at ‘‘Old Coast on August 29, 2005. thought in the minds of their students and Ebbitt Grill,’’ a legendary restaurant in the As the first evacuees began to enter the after a while the student will be able to pull heart of Washington, D.C. This restaurant has city, utilizing whatever means they could ac- something great out of that thought. Ms. Woolf served nearly every major American politician cess and utilizing what limited resources they achieves this greatness with her students. Her throughout its 150-year history. could carry, Mr. Bermes read the reports and involvement in the school is proof of how Nelson and Borden McGahee are wonderful newscasts and was not only early to under- much she cares about the quality of education people who have shared a wonderful mar- stand the plight these individuals faced, but the Edgewood High School students receive. riage. Their love for each other is inspirational, was quick to turn a compassionate concern She is a great leader in her field and deserves and surely their next 30 years will be as pas- into action. acknowledgement of her achievements. sionate as the first. This Southwest Georgia With the assistance of his wife, Frances, Mr. Speaker, I ask you to join with me today couple has chosen a distinctively American and other friends and associates from East in thanking Ms. Amy Woolf for providing her way to celebrate their anniversary and we Fort Worth, Mr. Bermes quickly organized a students, and the future of our Nation with the wish them nothing but happiness as they pro- community effort to coordinate volunteers, best possible gift she can, education. ceed full-steam ahead into their future. space and donations to provide for the deep f needs of the visitors arriving in the city in a f steady stream from the Gulf Coast. IN HONOR OF NELSON AND BOR- THE SIXTH DISTRICT’S AMERICAN By working through area churches and his DEN McGAHEE—30 YEARS OF IDOL network in the East Fort Worth Business As- MARRIAGE AND SERVICE sociation, Mr. Bermes addressed the immediate need for food, clothing and housing for HON. SANFORD D. BISHOP, JR. HON. HOWARD COBLE the evacuees. OF NORTH CAROLINA OF GEORGIA His efforts secured access to several unoc- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES cupied individual apartments in the Woodhaven community. Regular communica- Thursday, May 25, 2006 Thursday, May 25, 2006 tion through email, the Greater Meadowbrook Mr. BISHOP of Georgia. Mr. Speaker, I rise Mr. COBLE. Mr. Speaker, in the biggest News and fliers distributed through the com- today to honor a couple from my district, Mr. electoral debate since the Bush-Gore presi- munity assisted in providing toiletries, paper, and Mrs. Nelson McGahee of Columbus, dential election in Florida in 2000, people are canned goods, clothing and kitchen neces- Georgia, who on May 15th of this year cele- still talking about the selection of this year’s sities to allow the evacuees to reestablish brated their 30th wedding anniversary. American Idol from the television program with daily lives after arriving, frequently, with only Nelson served his country in the United the same name. With no disrespect intended the clothes on their backs. States Army before beginning a career as a toward this year’s winner, Taylor Hicks, most Mr. Bermes quickly recognized that beyond civil servant at Fort Benning in Columbus. He people think this year’s American Idol should this need the evacuees would quickly need has continued to serve his community as an have been Chris Daughtry of McLeansville, employment and other long-term solutions to active member of the Columbus Jaycees and NC. enable them to regain their self-sufficiency. the Columbus Airport Authority. I will admit, Mr. Speaker, that I am ex- Continued efforts on his part and with volun- His wife, Borden Black McGahee, has made tremely biased in this debate because Chris teers established a Jobs Resource Center in her career in broadcast journalism. She grew Daughtry is a resident of the Sixth District of one of the apartment units, equipped with up as a self-professed ‘‘Army brat,’’ and be- North Carolina. And it would have been the internet access for email and online searches. came an avid music lover at the tender age of second time that a town in the Sixth District Additionally, they were able to provide resume 3 years old while attending the opera with her produced the winning Idol, since previous win- creation assistance, counseling for interview mother, a season ticket holder. This love of ner, Fantasia, hailed from High Point, NC. skills and a jobs posting effort to match local music brought her to the radio, where she be- That being said, most online polls, fan blogs, employers with a new and anxious labor pool. came the news director of an Alabama radio numerous web sites, and general talk about Practical creativity allowed Mr. Bermes and station—a unique position at the time for a town all hailed Chris Daughtry as the next his volunteer assistance to press through the woman in Alabama. Upon moving to Colum- American Idol. systemic challenges and surprises, including bus, she soon moved to television, where she Most people know that my musical tastes warehousing and distributing a truckload of served as the news director for all three of the run more towards traditional bluegrass music, donated mattresses and the thousands of affiliate news stations in the city. She left jour- so I am not a good judge of what is hot in the other donations where they could be utilized nalism to work in public relations for the rock and pop music scenes. But I do know by those in need. Muscogee County School District and cur- politics, and from everything I could learn, By Thanksgiving, when they held the Cajun rently does freelance writing for the Columbus Chris Daughtry appeared to be the fan favor- Thanksgiving Party for all of the evacuees, Mr. Ledger-Enquirer and also for Columbus and ite. While I will not call for Congress to inves- Bermes had mobilized resources and individ- the Valley Magazine. tigate this Idol election process, those of us uals to provide for over 50 families and 140 in- Throughout their three decades together, who reside in the Sixth District of North Caro- dividuals. In doing so he touched engendered the McGahee’s have enjoyed Nelson’s pas- lina will always be convinced that our guy real- a sense of community among the newest resi- sion for all things railroad. Nelson’s greatly won—sort of like fans of Al Gore in 2000. dents of East Fort Worth and showed the grandfather was a railroad employee, which Oh well, we are proud to say that we are warmth and compassion of North Texas. sparked in Nelson a lifelong interest in trains. the home of the real American Idol, Chris I am honored to represent Mr. Bermes and Their Columbus home is filled with railroad Daughtry of McLeansville, NC. the family and friends who know him and his compassion that made such a difference in memorabilia from a variety of historic rail lines. f In tribute to this shared interest, the couple providing hope, dignity and encouragement in has chosen to spend their 30th anniversary on IN RECOGNITION OF NORMAN the aftermath of such a tragedy on a scale our a train ride in a car filled with history. They se- BERMES’ OUTSTANDING SERVICE country has never before experienced. cured a ride from Jacksonville, Florida to TO THE EVACUEES OF HURRI- f CANE KATRINA Washington, D.C. aboard a 1930 Pullman car IN APPRECIATION OF MS. KERRIE pulled by Amtrak. In addition to its age, this BAUER car has had its share of famous passengers. HON. MICHAEL C. BURGESS Former presidents Jimmy Carter, George H.W. OF TEXAS Bush, and Bill Clinton have all taken trips in HON. C.A. DUTCH RUPPERSBERGER IN THE HOUSE OF REPRESENTATIVES OF MARYLAND this car. Past presidential candidates, Sen- IN THE HOUSE OF REPRESENTATIVES ators JOHN KERRY and John Edwards, and Thursday, May 25, 2006 singer Aretha Franklin, have also traveled on Mr. BURGESS. Mr. Speaker, I rise today in Thursday, May 25, 2006 this car. Because of its illustrious passengers, recognition of Norman Bermes and his wife Mr. RUPPERSBERGER. Mr. Speaker, I rise the car has been fitted with Secret Service-ap- Frances. Mr. Bermes immediately mobilized before you today in appreciation of a fine edu- proved armor plating and bullet-proof win- private resources in East Fort Worth to re- cator from Joppatowne High School. Mathe- dows, which lie hidden behind the tastefully spond to the desperate needs of the evacuees matics Department Chair, Kerrie Bauer is wor- restored antique features. who arrived in the city, escaping the ravages thy of great recognition. She is an inspiration

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.086 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E988 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 to her students and her peers. Her continued that gives us the edge over our adversaries lion in direct aid to Hamas, while redirecting faith in students has made a tremendous im- and that we have worked so hard to build up about $100 million from canceled projects to pact on a countless number of lives. over the past decade. humanitarian assistance such as food and Ms. Bauer began the foundation of her high- Allowing the Air Force to gut its personnel— medicine distributed by non-governmental or- er education at Elizabethtown College. She both Active Duty and contractor support—with- ganizations (NGOs). The canceled aid in- later earned her Master’s degree from out the benefit of an impact statement could cludes: $45 million in direct aid to the PA; McDaniel College and has since been certified undercut the careful measures we took to pre- $130 million in infrastructure projects; $20 mil- as a cognitive tutor for the countywide algebra serve and protect the industrial base. lion in private enterprise development and re- curriculum. The Department of Defense comptroller has vitalization, financial markets reform, trade She is able to take a complex subject like directed the Air Force to ‘‘aggressively reduce programs and information technology sector mathematics and break it down into pieces so contractor support.’’ This is a very dangerous support; $17 million in electoral, political party, students have a better understanding of for- path. Contractors have formed the core of our local government and legislative support pro- mulas. She encourages students through a rebuilt space capability after we literally grams; $13 million in civil society develop- positive learning environment. Ms. Bauer intro- dropped billions of dollars of research and ment; $10 million in rule of law and judicial duces students to creativity in the classroom; hardware into the ocean in the 1990s. programs; $7 million in technical assistance students learn the Quadratic formula to the While active duty members often are forced and vocational training; $4 million in commu- tune of ‘‘Pop Goes the Weasel,’’ and practice to rotate out of the command due to the nity policing, among others. Similarly, the EU math problems through group activities. pressing needs of the service, the contractor Commission announced that it had halted pay- Ms. Bauer has made it a point to actively community has provided much of the intellec- ments to the Hamas government, freezing all participate in school activities. She is a co-ad- tual capacity, stability, and continuity to keep direct aid to the PA and payment of public em- visor to the National Honor Society; a member our programs on track. ployees’ salaries with EU funds through the of the school Improvement Team; the Mariner Today, the Space and Missiles Command, World Bank, but not humanitarian aid through Varsity Softball Coach; a member of the located in El Segundo, California, in my Con- international and nongovernmental organiza- school Advisory Committee; and she volun- gressional district, has a record of which ev- tions. In the mean time, the Israeli government teers at various athletic events. In addition to eryone is proud—45 successful launches, in- has cut off all ties with nearly all branches of these contributions, she also organized a stu- cluding 12 Evolved Expendable Launch Vehi- the PA government, including its security. dents vs. faculty basketball game to raise cles. We dare not put that record in jeopardy Israeli Prime Minister Ehud Olmert has de- funds for the Johns Hopkins Research Hos- by releasing one-third of our brain trust. clared that his government will avoid meetings pital for Kidney Research after sisters, and This desire for continuity is also reflected in with visiting representatives or diplomats from former Joppatowne students, Amanda and the Intelligence Committee’s report accom- PA. Abby Gilland, died within a year of each other panying the FY 2007 Authorization bill, which I am in support of certain financial sanctions from a rare kidney disease. passed the full House last month. In it, our on Hamas to ensure no U.S. government Her hard work and dedication have not Committee wrote: ‘‘Simply put, complex space funding goes directly to support terrorism ac- gone unnoticed, Ms. Bauer was named systems acquisition requires extraordinary tivities. On February 15, 2006, I voted in favor Teacher of the Month twice. She was nomi- specialized knowledge, skills, and dedicated of, and the House passed, S. Con. Res. 76, nated seven times to the list of ‘‘Who’s Who effort over time.’’ which expressed the sense of Congress that Among High School Students,’’ and she was For that very reason, Congress has a no United States assistance should be pro- voted as the school’s ‘‘Most Spirited Teacher’’ right—and a responsibility—to understand the vided directly to the PA if the majority party in for four years. impact of these cuts and be assured that our control of the PA parliament maintains a posi- Ms. Bauer sets high expectations, but at- capability will not be further eroded in the face tion calling for the destruction of Israel. I be- tainable goals for her students. She provides of pressing national security challenges. lieve it was a sensible resolution that called for them with academic and social guidance. She I urge my colleagues to support this impor- an end of U.S. financial support of Hamas is convinced all students can be successful in tant legislation. while allowing other forms of humanitarian aid life if only someone believes in them. This is f to flow through NGOs to the Palestinian peo- a woman with one goal in mind: to equip ple. PALESTINIAN ANTI-TERRORISM young people with the skills and knowledge The impact of cuts in aid is being felt by the ACT OF 2006 they require to be productive, successful PA. Omar Abdel-Razeq, Finance Minister of the PA, recently confirmed that the PA could members of society. SPEECH OF Mr. Speaker, I ask that you join with me in not pay March and April salaries to about thanking Ms. Kerrie Bauer for providing her HON. TAMMY BALDWIN 140,000 government workers. These salaries students with the support, confidence, courage OF WISCONSIN support about one-third of the Palestinian pop- and knowledge they need in today’s society. IN THE HOUSE OF REPRESENTATIVES ulation. These cuts in aid came on top of the fact that Gaza’s economy is in dire straights, f Monday, May 22, 2006 with average family income already below the INTRODUCTORY STATEMENT Ms. BALDWIN. Mr. Speaker, this week I U.N. poverty line. Economic conditions are made a very difficult decision in voting for H.R. also precipitously declining in the West Bank. HON. JANE HARMAN 4681, the Palestinian Anti-Terrorism Act of Overall the PA shoulders a total debt of $1.3 OF CALIFORNIA 2006. I have been deeply moved by my con- billion, including $640 million to regional and IN THE HOUSE OF REPRESENTATIVES stituents from both sides of the issue, includ- local banks and making it virtually impossible ing individuals with strong family ties to the for the PA to obtain new loans. Furthermore, Thursday, May 25, 2006 Middle East. I want to take this opportunity to Israel has decided to withhold $50 million a Ms. HARMAN. Mr. Speaker, last year, the share my thoughts behind voting in support of month in customs and tax receipts since Janu- Intelligence Community made painful deci- the legislation. ary, although it continues to pay Israeli com- sions about the architecture of our satellite In January 2006, Hamas, a designated ter- panies about $5.5 million a month from those programs. These were hard choices. We have rorist organization that does not recognize the receipts for the water and electricity used by worked carefully to mitigate the damage and state of Israel and calls for an Islamized Pal- the Palestinians. The Israeli government has retain the capability. The future depends on estinian state, won the legislative election to also recently announced that it will buy drugs assuring that our decisions are implemented lead the PA government. Since then, the and medial equipments needed by Palestinian well. That requires a talented and motivated United States and the European Union have hospitals in Gaza out of the withheld funds. workforce—both military and civilian. announced a series of measures designed to Yet, despite the dire needs of Palestinians, The legislation being introduced today re- further isolate and pressure the Hamas-led Hamas has chosen to ignore reality in favor of quires the Air Force to study the impact of Palestinian government until it recognizes its extremist commitment to terrorism. proposed personnel cuts on our space pro- Israel, renounces violence, and accepts pre- On April 17 of this year, a suicide bomber grams. viously signed Israeli-Palestinian peace agree- struck in a Tel Aviv restaurant, killing nine The bill’s sponsors believe that the cuts ments. Israelis and injured dozens. The suicide bomb- mandated by the Quadrennial Defense Review Specifically, Secretary of State Condoleezza ing was carried out by Islamic Jihad, an Ira- could have an enormous impact on the space Rice recently announced that the United nian-backed extremist group that refuses to community, particularly the intellectual talent States has begun to suspend over $400 mil- acknowledge the cease-fire followed by

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.090 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E989 Hamas. The Passover attack was a grotesque and Europe and no member of an FTO serves sonal security detail of the PA president. display of terrorism and violence, yet it was in a senior policy making position in the PA, Emboldened by U.S. and Israeli opposition to quickly defended by Hamas. Sami Abu Zuhri, the PA has publicly acknowledged Israel’s Hamas, Abbas recently announced that it will the official spokesman for Hamas, stated at right to exist and recommitted itself to previous call a national referendum on accepting a Pal- the time that the attack was ‘‘a natural result agreements and understandings with Israel estinian state alongside Israel that would im- of the continued Israeli crimes’’ against Pal- and the United States, and the PA has taken plicitly recognize Israel’s right to exist. Abbas estinians and that ‘‘our people are in a state effective steps and made progress toward a is ready and willing to demonstrate to the of self-defense and they have every right to number of objectives including purging its se- international community that there is a Pales- use all means to defend themselves.’’ It be- curity services of individuals with ties to terror- tinian partner for negotiations with Israel, and came clear to me that, without regards to the ists, dismantling terrorist infrastructure, and the United States should seize this opportunity pressing needs of the Palestinian people, halting anti-Israeli incitement. I believe these to continue press for a breakthrough in long- Hamas was ready to ignore its own cease-fire are reasonable and necessary benchmarks stalled peace efforts. policy in favor of extremist political rhetoric that Hamas must make in order to dem- I sincerely hope that H.R. 4681 will play a that further isolate and weaken the PA and onstrate its capability to be a responsible gov- constructive role to secure permanent peace endangers the humanitarian situation of the ernment. in the Middle East. Palestinian people. It was a chilling reminder Furthermore, I believe the bill’s humanitarian f of Hamas’ tendency to favor violence over provisions address my concern that the in- peace and political posturing over progress, all creased sanctions advocated by the legislation THE IDENTITY THEFT PROTEC- at the expense of Palestinian people’s welfare. would unnecessarily hurt the Palestinian peo- TION FOR THE DECEASED ACT The Passover bombing and the Hamas re- ple. Make no mistake, I do not believe that the sponse to the bombing was a turning point in Palestinian people should be punished for ex- HON. SUSAN A. DAVIS my consideration and analysis of H.R. 4681, ercising their right to elect the representatives OF CALIFORNIA the Palestinian Anti-Terrorism Act of 2006. I of their choice. In March 2005, Hamas accept- IN THE HOUSE OF REPRESENTATIVES believe that a stronger message must be sent ed a temporary cease-fire with Israel in ex- by the United States to Hamas that we will not change for Abbas’ agreement to allow the Thursday, May 25, 2006 support a government that continues to em- group into PA’s electoral system. Throughout Mrs. DAVIS of California. Mr. Speaker, I rise brace terrorism. H.R. 4681 is an appropriate the process, the Bush Administration stood on today to address a horrible form of identity vehicle to send that message. The bill intensi- the sidelines, assuming that Hamas’ political theft. fies the pressure placed on the Hamas-led PA participation would either transform the group We have heard plenty lately about the need by not only restricting direct U.S. aid to the PA or marginalize it. Indeed, Secretary Rice stat- to take swift action to prevent this serious (which has already been suspended by Sec- ed last fall that the United States had ‘‘to give crime. Just this month, one of the largest data retary Rice), but also restricting U.S. assist- the Palestinians some room for the evolution security breaches in history occurred when the ance to NGOs working in the West Bank and of their political process.’’ As a result, Hamas Department of Veterans Affairs (VA) lost the Gaza, subject to exceptions based on humani- entered the field for the 2006 legislative elec- names, Social Security Numbers, and the tarian needs. It expresses the sense of Con- tions. Understanding the widespread public dates of birth of over 26 million Americans. gress that PA-controlled territories should be dissatisfaction with the PA’s corruption under We hear a lot about security breaches and the deemed as terrorist sanctuaries; denies visas the control of the Fatah party and the sour identity theft of living Americans. One aspect to any PA officials or affiliated persons; and economy, Hamas ran on a platform of clean of the crime you do not always hear about is restricts the travel of any PA representative to governance and reform, rather than ideology. the misuse of personal information of de- the UN outside of a 25-mile radius of the U.N. Subsequently, observers widely agree that ceased Americans. headquarters building in New York City. Fi- Hamas was democratically elected by the Pal- This is a serious issue for many reasons. nally, the bill directs the President to prohibit estinian people not for its ideological platform, For one, it is their loved ones who pay the international financial institutions from directly but for its practical appeal in improving the price. Months or even years after a family assisting a Hamas-led PA, and prohibits any day-to-day living conditions of Palestinians. member passes away, surviving spouses or U.S. officer or employee from having any offi- I strongly believe Palestinians should not be other relatives will begin to receive credit card cial contacts with members or official rep- punished for exercising their Democratic bills or even phone calls from bill collectors. A resentatives of Hamas. choice in electing their representatives. Yet, predator can go onto certain websites and In examining H.R. 4681 leading up to the with nearly 50 percent of the PA’s residents purchase Social Security Numbers that are vote, the bill had raised several significant living below the poverty line, unemployment sold for purposes of tracking family histories questions for me: Is additional financial and on the rise, and government salaries already and genealogy. The predator then uses the political isolation the most effective means to not being paid, Hamas’ ongoing pursuit of ex- Social Security Number to apply for credit induce changes to Hamas policy towards tremist rhetoric demonstrates to me the party’s cards, loans, and other forms of consumer Israel? Will such noose-tightening prompt the inability to put the interests of the Palestinian credit. Palestinian people to insist that Hamas people above its terrorist ideology and its un- There were even reports that a predator change its policy or will it inadvertently lead to willingness to govern in a responsible manner. was misusing the personal information of a humanitarian crisis and civil unrest in the West I believe H.R. 4681, which provides an excep- New York resident who died in the September Bank and Gaza? Will political and financial tion to the restrictions for basic human needs 11, 2001 terrorist attacks. In another case, a sanctions firmly aimed at Hamas serve to such as food, water, medicine, and sanitation woman began to receive bills addressed to strengthen the role of Mahmoud Abbas, the services and allows the President to provide her daughter who had passed away 17 years moderate President of the PA or further other targeted democracy or rule of law assist- before. radicalize Hamas while undermining the posi- ance, strikes a balance in both pressuring In my hometown of San Diego just recently, tion of President Mahmoud Abbas? While Hamas but also ensuring that necessary as- the local news media shed light on another these are difficult questions with which to sistance reaches the Palestinian people in unfortunate case. A predator took information wrestle, I eventually decided that H.R. 4681 Gaza and the West Bank. on a woman published in an obituary and sends an important and necessary message Finally, I believe the approach of economic used it for identity theft crimes. It was up to to PA that the United States will not tolerate and diplomatic isolation of Hamas will help her son to repair the damage and put an end a terrorist-controlled government’s role in ob- strengthen the position of PA President to the abuse. I cannot imagine the emotional structing the Israeli-Palestinian peace process. Mahmoud Abbas and lead to the creation of toll these cases must take on surviving rel- First, I believe H.R. 4681 provides the pragmatic, reform-minded activists and parties. atives, and I rise today to take action to pre- United States the additional leverage it needs H.R. 4681 has been amended to allow for ex- vent further cases of this crime. to push Hamas toward the acceptance of ceptions to the ban on direct assistance per- It is time Congress acted to block this form Israel and the rejection of violence. The Act mitting the United States to maintain an open of identity theft from continuing. Predators can amends the Foreign Assistance Act (FAA) by dialogue with President Abbas. It allows the collect this information with relative ease giv- adding a new section prohibiting direct finan- president to use a national security waiver to ing them a study supply of Social Security cial transfers by the United States to the PA provide assistance to the office of the PA Numbers, dates of birth, and the information until the President certifies that no part of the president for non-security expenses directly they need to commit these horrible crimes. PA is controlled by a foreign terrorist organiza- related to facilitating a peaceful resolution of Furthermore, this form of identity theft can ruin tion (FTO) designated by the United States the Israeli-Palestinian conflict or for the per- the good names and pristine credit histories of

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.093 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E990 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 those who are deceased. Unless we take ac- National Association of Human Rights Work- alleviate the resulting financial crisis, Congress tion, family members will continue to suffer ers and the South Carolina State Employees increased the federal Medicaid contribution to from the misuse of their loved one’s personal Association. the District from 50 to 70 percent, and took re- information. Mr. Speaker, I ask you and my colleagues sponsibility for a few state costs—prisons and My legislation, the Identity Theft Protection to join me in congratulating Mary Ann Williams courts—relieving the immediate burden, but for the Deceased Act, requires that the federal on her retirement from the South Carolina the city continues to carry most state costs. government inform each national credit bureau Human Affairs Commission. She is a wonder- In 1997, a formulaic error in the Medicaid when an individual passes away. In turn, the ful example of a dedicated public servant who Disproportionate Share Hospital (DSH) allot- credit bureaus will flag the histories of those has made a true difference in the lives of oth- ment reduced even the 70 percent FMAP who have deceased and potential creditors will ers. On a personal note, I thank Mary for her share, and as a result, the District received know not to issue lines of credit or new loans friendship and support over the years. I wish only $23 million instead of the $49 million due. to those attempting to misuse their personal her the best and Godspeed in her future en- I was able to secure a technical correction to information. deavors. the Balanced Budget Act of 1999, partially in- Mr. Speaker, I urge that we act to stop this f creasing the annual allotment to $32 million vicious form of identity theft and protect the from FY 2000 forward. I appreciate that last relatives of America’s deceased. THE DISTRICT OF COLUMBIA MED- year, Congress responded to my effort to get ICAID REIMBURSEMENT ACT OF f an additional annual increase of $20 million in 2006 the budget reconciliation bill, bringing D.C.’s TRIBUTE TO MARY WILLIAMS Medicaid reimbursement payments to $57 mil- HON. ELEANOR HOLMES NORTON lion as intended by the Balanced Budget Act. HON. JAMES E. CLYBURN OF THE DISTRICT OF COLUMBIA This amount did not reimburse the District for OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES the years a federal error denied the city part of its federal contribution, and in any case, of IN THE HOUSE OF REPRESENTATIVES Thursday, May 25, 2006 course, was not intended to meet the struc- Thursday, May 25, 2006 Ms. NORTON. Mr. Speaker, I introduce the tural problem this bill partially addresses. Mr. CLYBURN. Mr. Speaker, I rise today to District of Columbia Medicaid Reimbursement The District has taken important steps on its pay tribute to a dedicated employee of the Act of 2006 today to raise the federal medical own to reduce Medicaid costs through greater State of South Carolina with whom I have had assistance percentage (FMAP), the federal efficiency, and to treat and prevent conditions the extraordinary pleasure of working with as contribution from the federal government, to that prove costly when hospitalization or ex- she prepares to retire from public service. 75 percent from 70 percent and to reduce the pensive treatments become necessary. The Mary Lee Williams has served for more than District’s unique role as the only city that pays District Medicaid agency won federal recogni- twenty-five years on the staff of the South the full local cost of Medicaid, a program that tion as one of only two Medicaid programs na- Carolina Human Affairs Commission (SHAC). is carried by states and counties in our coun- tionwide to exceed the federal government’s In 1983, during my tenure as South Carolina try. New York City, the jurisdiction that powers child immunization goal for school-age chil- Human Affairs Commissioner, I selected Mary the economy of New York State, contributes a dren at 95 percent, and improved its fraud sur- as the agency’s employee of the year. My 25 percent local share to Medicaid while the veillance, recovering $15 million in fraudulently comments at the time were ‘‘being a recep- state pays 25 percent, less than the District’s billed funds. The city’s novel D.C. Health Care tionist in any office is difficult, but when that statutorily mandated 30 percent contribution. I Alliance, for which federal approval is pending, difficulty is compounded by having to serve as introduce this bill because the District’s con- would allow coverage of residents and provide a first point of contact to people who feel that tinuing responsibility for most Medicaid costs more early and preventative care, avoiding they have been unfairly treated in the work- that are typically borne by entire states is a huge Medicaid costs when health conditions place, the job becomes nearly impossible.’’ I major component of the District’s structural become severe and Medicaid becomes the commented in my recognition that Mary ‘‘has deficit and threatens the stability of the city only option. over the years demonstrated that she has the itself. I urge my colleagues to join me in sup- capacity to do the nearly impossible.’’ I know The District’s Chief Financial Officer reports porting this increase that will help my city’s the same is true today. that rapidly increasing Medicaid costs put the most needy residents. Mary Williams is a native of Richland Coun- city at risk. In FY 2005, these costs accounted f ty and is a product of its public schools. She for $1.4 billion or 22 percent of the city’s gross IN APPRECIATION OF MS. CATHY joined us at SHAC in 1980, where she con- funds budget. Total program costs have risen SAYRE tinues to serve ably as an Information Spe- 42 percent since 1999, and are projected to cialist. Her demeanor is friendly and helpful, increase by another $39 million this year. Yet and she always treated those seeking the the District, unlike other large cities which HON. C.A. DUTCH RUPPERSBERGER Commission’s help with dignity and respect. have lost significant populations, has no state OF MARYLAND Mary draws her strength of character and and no state economy to share this burden. IN THE HOUSE OF REPRESENTATIVES her strong work ethic from her faith. She has More than 25 percent of District children and Thursday, May 25, 2006 been a member of Bethehem Baptist Church adults are enrolled in Medicaid compared to Mr. RUPPERSBERGER. Mr. Speaker, I for fifty-three years. There she lends her tal- 12 percent in Maryland and just 9 percent in proudly rise before you today in appreciation ents to singing in the Musical Choir, serving in Virginia. On average, the District spends over of an educator who has devoted 39 years of the Women’s Ministry, and teaching Sunday $7,000 per enrollee, while Maryland and Vir- her life to bettering the lives of our children. School classes. ginia spend $5,509 and $5,177, respectively, Ms. Cathy Sayre is truly worthy of recognition She has a beautiful voice and has been a reflecting serious health conditions that are for her dedication to Solley Elementary in member of Columbia, South Carolina’s Capital concentrated among big city residents. Anne Arundel County. City Chorale for a number of years. The Cho- The D.C. Medicaid Reimbursement Act of Ms. Sayre is a graduate of Western Mary- rale has performing on NBC’s Today Show 2006 is the seventh in the ‘‘Free and Equal land College. Shortly after earning her degree and I have had the pleasure of sponsoring D.C.’’ series. This series of bills addresses in- she informed her parents she did not want to them in Washington, DC on two occasions. appropriate and often unequal restrictions be a lab technician as planned, rather she She also shared her talents as a soloist during placed only on the District and no other U.S. would pursue a career in education; we are a Black History Month program I keynoted at jurisdiction. Although today’s bill cannot ad- certainly glad she did. Ms. Sayre has been an the Dorn Veterans Hospital in Columbia, and dress the entire structural problem that the instrumental part of the developmental proc- has been awarded a Certificate of Apprecia- District faces because the city is not part of a ess of many children. tion from the Veterans Administration for her state, the bill would eliminate the greater per- As an elementary teacher, Ms. Sayre taught service. centage the District pays than any city by al- first, second, third, and fourth grades as well Mary has also found time to serve her com- lowing a 25 percent city contribution, rather as a combination of second and third grades. munity as a volunteer. She has donated her than a contribution even greater than New She has educated over 1,200 students in her services to the Meals-On-Wheels program for York City. career. She is admired by peers and adored 17 years. For five years, she served on In 1997, as part of the Balanced Budget by her students. SHAC’s United Way Annual Campaign team, Act, Congress recognized that state costs Teachers are often the unsung heroes of She has been an active member of both the were too costly for anyone city to shoulder. To the education field. They play a critical role in

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.095 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E991 the life of a child. Educators instill wisdom in None of the money in this particular project Saharan Africa which has the greatest need. the minds of children; they lead our nation’s goes to private industry. Every dime of it goes As an essential element for life, the assurance youth into the journey of adulthood. John F. to the Department of Energy’s Oak Ridge Na- of food availability must necessarily be a focal Kennedy said, ‘‘Let us think of education as tional Laboratory (ORNL). ORNL has a so- point of our humanitarian assistance programs the means of developing our greatest abilities, phisticated facility for testing that private in- and at the forefront of our interventions on be- because in each of us there is a private hope dustry cannot afford to replicate every time it half of those in the greatest need. While the and dream which, fulfilled, can be translated has a new idea. extent of that need can at times be over- into benefit for everyone and greater strength Mr. Chairman, I understand the gentleman’s whelming, we must keep in mind the verses of for our nation.’’ concern that we fund only those projects that Matthew 25, ‘‘as you did it to one of the least Ms. Sayre has touched the lives of her stu- can withstand serious scrutiny. But this project of these my brothers, you did it to me,’’ and dents. Elementary teachers have a special stands up to scrutiny and deserves our sup- ‘‘as you did not do it to one of the least of gift. They leave a lasting impression on our port. I urge a no vote on the Flake amend- these, you did not do it to me.’’ children, which is just the beginning of their ment. Last August, I, along with Greg Simpkins of educational careers. At a very early age, they f the Africa Subcommittee staff, visited Kalma learn what skills are necessary to grow and and Mukjar refugee camps in South and West progress in the future. Teachers like Ms. CONGRATULATING THE PACE HIGH Darfur. We saw first hand how food aid was Sayre leave a lasting legacy. SCHOOL BASEBALL TEAM ON making the difference between life and death Mr. Speaker, I ask you to join with me in WINNING THE 5–A STATE CHAM- for the thousands of people in the camps. We thanking Ms. Cathy Sayre for the outstanding PIONSHIP spoke with many people whose lives had been work she has done as an educator. The stu- utterly devastated by the ravages of war, but dents of Solley Elementary are very lucky to HON. JEFF MILLER who were keeping hope alive thanks to the have such a kind and compassionate person OF FLORIDA gifts of international humanitarian aid and food who is dedicated to bettering their lives. IN THE HOUSE OF REPRESENTATIVES aid. f However, our visit to these camps raised Thursday, May 25, 2006 the question as to what the Government of ENERGY AND WATER DEVELOP- Mr. MILLER of Florida. Mr. Speaker, it is my Sudan, as well as other developing country MENT APPROPRIATIONS ACT, honor today to recognize and congratulate the governments, are going to do about contrib- 2007 Pace High School baseball team on winning uting to the elimination of hunger by opening the Florida State championship 5–A title. their own stocks of food or by facilitating, rath- SPEECH OF The 19 Pace High School varsity baseball er than hampering, the delivery of food to hun- HON. JIM KOLBE players secured an 11–7 win over Tampa gry people in their countries. In Sudan, the OF ARIZONA Hillsborough on May 18, 2006, to claim the 5– government has not only failed to contribute to A State championship. It is Pace’s first cham- IN THE HOUSE OF REPRESENTATIVES the feeding of its own people, but has actually pionship since 1990 and their third State interfered with the supply of food to those in Wednesday, May 24, 2006 championship over all. On the way to claiming need in the Darfur camps like the ones we vis- The House in Committee of the Whole this hard earned title, Coach Charlie Warner ited. Moreover, the Government of Sudan House on the State of the Union had under rallied the team on three separate occasions, placed a commercial embargo on Kalma camp consideration the bill (H.R. 5427), making ap- using the Patriots skills and talents to once while we were there that prevented the sale of propriations for energy and water develop- again take the leading score. ‘‘I do not know food and other necessary items to those able ment for the fiscal year ending September 30, if there are words to describe it,’’ Warner said. to buy them in the camps. We in the devel- 2007, and for other purposes: ‘‘To come out here and coach this game and oped world should help feed those in need, Mr. KOLBE. Mr. Chairman, I rise today in see some great talent . . . It’s just a real but it is also the responsibility of the govern- opposition to the Flake amendment regarding pleasure to be able to do all of this.’’ ments in question to respond to the needs of the GEDAC Packaged Gas Engine-Driven The community support from this rapidly their own people. Heat Pump Development. I appreciate the at- growing city was unparalleled. As the Patriots The UN World Food Program has an- tention that my fellow Arizonan has brought to made their way home the next day, Patriot nounced that almost 731,000 metric tons of the issue of so-called ‘‘earmarks.’’ I share his Boulevard, which circles around the school food will be needed this year to feed the 6.1 passion for limited, responsible government. and baseball field, was lined with hundreds of million people caught in the conflict in South- We have seen instances in which inappro- fans dressed in red, white, and blue to wel- ern Sudan and Darfur. Over 89,000 metric priate or even corrupt projects have been come home the champs. For 10 of the ball tons is needed in Eastern Chad for Sudanese funded in appropriation, authorization and tax players, this was their last victory at Pace refugees, Chadian nationals adversely af- bills and we must ensure that all of the bills High School; these 10 seniors graduated the fected by the influx of refugees, and a contin- we pass—appropriations bills, authorization next evening. I have no doubt that they will gency reserve of six months for the refugees. bills and tax bills—fund only projects that can continue to inspire and make positive impacts An estimated 6.25 million people in the Horn stand up to scrutiny. on those around them. of Africa face a severe humanitarian crisis this However, the GEDAC Heat Pump project is Their resiliency has not only made me year resulting primarily from successive sea- a project that deserves our support and will proud, but also their families, friends and com- sons of failed rains in that region. The World help us to find solutions to our country’s en- munity proud as well. As Pace High School Food Program has sent out appeals for ap- ergy and water needs. Specifically, this project Principal Frank Lay always says, ‘‘It’s great to proximately 1.6 million metric tons of food aid will allow for the continued development of be a Pace Patriot,’’ and it’s also great to rep- for the Horn of Africa and the rest of the sub- natural gas-based heat pump technology that resent the Patriots. Sahara. saving both energy and water resources. Mr. Speaker, on behalf of the United States This does not include, of course, the emer- When completed, this will be the first small Congress, I would like to congratulate the gency food needs of peoples in other parts of packaged system available in the United Pace High baseball team on their State victory the world, including Haiti, North Korea, Af- States. The technology is broadly applicable and thank him for representing Santa Rosa ghanistan, Bangladesh and Indonesia. throughout the country, and it provides a num- County in such a first-class manner. It is important to keep in mind that behind ber of benefits, including greater energy effi- f these mind-boggling numbers are real men, ciency and water savings. The technology will women and children, people like you and me, not only save energy but will save water, THE WORLD HUNGER CRISIS individuals who are suffering not only the which is important to Arizona. If successful, it present pangs of hunger but who will have to could displace central station power genera- HON. CHRISTOPHER H. SMITH live with the long-term effects of mal- and tion which uses approximately a gallon of OF NEW JERSEY under-nutrition. There are also those for whom water per kilowatt generated. It is in line with IN THE HOUSE OF REPRESENTATIVES the lack of food exacerbates the cruel effects the President’s efforts to address climate of HIV/AIDS, malaria and other diseases, change by developing technologies that hav- Thursday, May 25, 2006 thereby increasing the likelihood of death. This ing significantly reduced greenhouse gas Mr. SMITH. Mr. Speaker, today I chaired a is the reason why it is so important for us to emissions. It also is in line with the President’s hearing to examine the enormous need for examine the crisis of world hunger, and to efforts to utilize domestic energy resources. food aid around the world, particularly in sub- continue to direct our efforts to address it.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.099 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E992 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 I am proud to say that we Americans con- priation of $350 million for food aid. While en- made a comment that I was a pleasure to tinue our long tradition of compassion and couraging other international donors to re- work with and how much he enjoyed my par- generosity in responding to these needs. The spond in a likewise generous manner, we ticipation in the Committee. The former Florida United States is the primary donor of food aid must continue to help, to respond, to show Speaker said you don’t know her very well, in the world and the leading donor of food aid that we care. she’ll cut your heart out. to Sudan and Chad. The U.S. Government It is my hope and expectation that we may He was deeply committed to the cause of has contributed a total of $282.2 million worth further educate ourselves, our colleagues in veterans and worked in a bipartisan manner to of food aid thus far in FY 2006 to Darfur and Congress and the American people about the get that done. He also started the Bipartisan the Sudanese refugees in Chad through the poor and the hungry, and we may respond Prayer Breakfast which still meets every week. World Food Program and the International with the compassion that they so desperately Everyone was Sonny’s friend. He was Committee of the Red Cross. This follows con- need. blessed to be surrounded by so many caring tributions totaling $324.5 million to the same f friends. two organizations in FY 2005 for Sudan and ‘‘Let the work that I have done speak for HONORING ASHLEY HULTMAN ON Chad, in addition to 200,000 tons of wheat me’’ is a favorite line from a hymn. This line THE COMPLETION OF HER IN- from the Bill Emerson Humanitarian Trust for explains how Sonny lived his life. TERNSHIP Darfur. God Bless Sonny Montgomery. The United States is also addressing the f nutritional needs of particularly vulnerable pop- HON. BART GORDON ulations. The President’s Emergency Plan for OF TENNESSEE IN APPRECIATION OF MS. AIDS Relief maximizes leverage with other do- IN THE HOUSE OF REPRESENTATIVES ROXANNE DODSON nors including the USAID, the USDA and the Thursday, May 25, 2006 World Food Program (with U.S. financial sup- HON. C.A. DUTCH RUPPERSBERGER Mr. GORDON. Mr. Speaker, I rise today to port) to address the needs of HIV-affected OF MARYLAND thank Ashley Hultman for her service during communities, both in terms of providing direct IN THE HOUSE OF REPRESENTATIVES her internship in my Washington, DC, office. food assistance and in addressing the under- During her time on Capitol Hill, she has been Thursday, May 25, 2006 lying causes of food insecurity. During the hearing, we heard from our dis- a great help to me, my staff and my constitu- Mr. RUPPERSBERGER. Mr. Speaker, I am tinguished witnesses about the hunger crises ents in Tennessee’s Sixth Congressional Dis- proud to rise before you today in appreciation in our world, what is being done to respond, trict. of a woman who has dedicated her life to edu- Ashley is no stranger to the workings of a and recommendations as to how we can re- cating young people. For eighteen and a half congressional office. Prior to interning in the spond better. Witnesses also testified about years, Ms. Roxanne Dodson has taught the Nation’s capital, she assisted the staff in my the contribution that U.S. food aid makes to beauty of art to Aberdeen Middle School stu- Murfreesboro, Tennessee, office. While help- longer-term, non-emergency development dents in Harford County. She has gained sup- ing us with countless projects and endearing goals and the corresponding impact that this port and admiration from her peers and the herself to constituents as she guided them food aid has on individual lives. The most re- school’s administrators for her gift of edu- through the Capitol or helped them cut cent data available indicates that over 4 mil- cation. through red tape at Federal agencies, she has lion children in 26 countries participated in the Art is a subject which is unlike any other. It certainly gained a wealth of experience that I McGovern-Dole International Food for Edu- is not a matter of right or wrong; instead it is hope will serve her well. cation and Child Nutrition program in fiscal a test of one’s inner self. Some students sim- While we have enjoyed her help, Ashley years 2003 and 2004. This program has re- ply do not have a natural gift in the arts; how- now must return to Middle Tennessee to com- sulted in higher school enrollment and im- ever, Ms. Dodson teaches personal growth plete her degree at my alma mater, Middle proved access to education, especially for and self acceptance. Students are rewarded Tennessee State University, where she is girls. for their courage to experiment and ‘‘think out- It is also reported by teachers and program studying art history and political science. side the box.’’ They are taught much more I hope Ashley has enjoyed her internships administrators that the FFE program has in- than basic lines, curves and colors: they are as much as we have enjoyed having her help creased local communities’ concern for and taught how to try something new and accept here in Washington, as well as in participation in their children’s education. the talents they possess. Murfreesboro. I wish her all the best in the fu- There is a general improvement in academic Ms. Dodson is devoted to the students of ture. performance as children are better able to Aberdeen Middle School. She uses her honed concentrate after receiving a nutritious school f skills to assist with the school plays, concerts, lunch. Both families and the school community STATEMENT ON PASSING OF G.V. and other special events. She says, ‘‘When a benefit from training on food preparation, ‘‘SONNY’’ MONTGOMERY student knows a teacher cares, the emotional health and hygiene. In this regard, we were walls, no matter how thick, start to disinte- privileged to hear testimony from Mr. Gabriel grate.’’ HON. CORRINE BROWN I believe a successful learning environment Laizer, who now works on international devel- OF FLORIDA opment issues for the Alliance to End Hunger is a safe environment. When students feel IN THE HOUSE OF REPRESENTATIVES and who started his career as a beneficiary of safe, they give more of themselves to the a feeding program in his primary school in Thursday, May 25, 2006 classroom, which results in learning. This is Arusha, Tanzania. Ms. CORRINE BROWN of Florida. Mr. critical for the arts. An artist, no matter what My good friend Tony Hall, a former Member Speaker, I rise today to pay my respects to level, must tear down their defensive walls to of Congress who just recently left his position Mr. Veteran, Gillespie V. ‘‘Sonny’’ Mont- produce good, honest work. as the U.S. Ambassador to the UN Agencies gomery, who died May 12. Ms. Dodson received a Maryland Art Edu- for Food and Agriculture, also testified. He has He served for 30 years in the House and I cation award for outstanding service in 2001. published a book recently entitled, ‘‘Changing was lucky enough to serve with him on the Using her Masters degree in at-risk students, the Face of Hunger,’’ which I highly rec- Veterans Committee. she developed a program to engage students ommend, and which recounts many stories When I was first elected to Congress in who lack connection to other extra-curricular from Ambassador Hall’s years of confronting 1992, I knew that I wanted to serve on the activities. This group created a garden en- hunger, poverty and oppression throughout Veterans Committee. I could think of no better trance in their courtyard. the world. In his conclusion, he writes, ‘‘when way to serve my constituents or my country Ms. Dodson allows students to believe in you show Americans the poor and the hun- than to be on the committee that oversees the themselves. She shows them the potential gry—when you connect with them and edu- Department responsible for helping so many they have and encourages them to see their cate them and they see the problems them- people. Sonny Montgomery was my inspira- strengths. Her humorous and down-to-earth selves—they don’t turn their backs. They want tion. personality makes her approachable by stu- to help. They respond. We are a compas- I was a new member and introduced myself dents. She is among the elite in educators. sionate people, a giving people. We care.’’ to the chairman. A more gracious and gentle Mr. Speaker, I ask that you please join me In that spirit of compassion, I would ask my man you could not meet. in thanking Ms. Roxanne Dodson for awak- colleagues in Congress to continue to support I was walking down the hall with the former ening the expectations of her students and the FY2006 emergency supplemental appro- Speaker from the Florida legislature. Sonny stimulating the creativity they will need for the

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.103 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E993 rest of their lives. She is an inspiration to all PAYING TRIBUTE TO RONALD AND Station located in the northeast Dallas neigh- educators. WANDA MARTINSON borhood known as Lake Highlands. Over the years, Herb’s Paint and Body grew to include f HON. JON C. PORTER a mechanical repair shop, an automatic car OF NEVADA wash and a full service paint and body shop. IDENTITY THEFT PROTECTION IN THE HOUSE OF REPRESENTATIVES There are now 5 locations, each of which ACT OF 2006 Thursday, May 25, 2006 prides itself on following Herb’s original goal of offering superior customer service. Mr. PORTER. Mr. Speaker, I rise today to Today their commitment extends beyond ex- HON. CAROLYN B. MALONEY honor Ronald and Wanda Martinson for their cellent customer service and reaches beyond 25 years of marriage. the Fifth District. Herb’s Paint and Body holds OF NEW YORK Ron and Wanda are both from Minnesota an annual Golf Tournament to support Moth- IN THE HOUSE OF REPRESENTATIVES and are career civil servants. Ron fIrst came ers Against Drunk Driving (MADD) that suc- to Washington in 1969 to work for Congress- cessfully raised $21,000 last fall. During the Thursday, May 25, 2006 man John Blatnik of Minnesota, and subse- Christmas season, Herb’s Paint and Body col- quently went to work for a Congressman from lects toys and canned goods to support the Mrs. MALONEY. Mr. Speaker, I am Texas. After spending six years in the House White Rock Center for Hope and help brighten introduing a bill today that allows individuals to of Representatives, Ron went to work for underprivileged families’ holidays. Although protect themselves from identity theft by con- Marty Hoffman, the Sergeant of Arms for the Herb’s has expanded north, they continue to trolling access to their credit report and infor- Senate, as an Administrative Assistant for six be deeply rooted in Lake Highlands through mation through a simple and low-cost process. years. Ron then accepted a position in the Ex- community involvement with schools and stu- Under this bill, only those persons specifi- ecutive Branch at United States General Serv- dents. Recently, Herb’s Paint & Body joined cally authorized by the individual would have ices Administration (GSA). Toward the end of me in honoring the Lake Highlands High his service at GSA, Ron was detailed to TOM access to their credit report. This is the most School Varsity Cheerleaders at the ‘‘Red Out’’ DAVIS, who was then Chairman of the Fairfax effective tool we have to combat identity theft. celebration that raised money for the Red County Board of Supervisors, where he A credit report freeze works because it actu- Cross to help Hurricane victims. Thanks to the worked for three years. Following this detail, generosity of Herb’s, the cheerleaders were ally stops the granting of new credit, unlike the Ron retired. In 2003, after six years in retire- able to sell the red T-Shirts that Herb’s Paint lower standard of a fraud alert, which only ment, Chairman TOM DAVIS of the House Gov- and Body donated and raise almost $14,000. conditions the granting of credit. ernment Reform Committee persuaded Ron to As the congressional representative of This would not affect the use of credit cards come out of retirement to be Staff Director for Herb’s Paint & Body, it is my pleasure to rec- or existing credit. It only prevents the issuance the Government Reform Subcommittee on ognize their excellence in service to the com- of new credit unless the individual requests Federal Workforce and Agency Organization. munities of the Fifth District of Texas. the credit report be sent to the lender. This Wanda came to Washington in 1974 and f gives individuals control over their credit report worked as Supreme Court Justice Harry Blackmun’s secretary for twenty-five years. EXTENSION OF FEMA HOUSING AS- and allows them to protect themselves. Following her tenure at the Supreme Court, SISTANCE DEADLINE FOR HUR- The bill that I am introducing is closely mod- Wanda went to work at Immigration and Natu- RICANE KATRINA SURVIVORS eled on a bipartisan bill introduced in the Sen- ralization Service and Wanda now works for ate cosponsored by Senators MCCAIN and the Department of Justice. HON. ELIJAH E. CUMMINGS CLINTON, among others, and very closely simi- Wanda and Ron fIrst met at a bible study in OF MARYLAND lar to a bill introduced by Senator SHELBY in Northern Virginia and began dating. Their IN THE HOUSE OF REPRESENTATIVES the Banking Committee. It is supported by the courtship was not always ‘‘smooth sailing’’; in Thursday, May 25, 2006 fact, the couple broke up two different times. National Association of Attorneys General and Mr. CUMMINGS. Mr. Speaker, I rise today In keeping with their dedication to civil service all the groups concerned about individual pri- to oppose the pending termination on May 31, and love of the Washington, D.C. political cul- vacy protections. 2006 of the FEMA housing assistance for sur- ture, Ron proposed to Wanda in one of the vivors of Hurricane Katrina. Many State laws give the right to freeze ac- House buildings one evening while returning cess to their credit report to everyone, but the FEMA was required to submit a plan for de- from a political event Ron and Wanda were veloping transitional and eventually permanent data protection bills introduced to date ad- married on April 25, 1981 at the National dressing this issue would limit this right to housing for those who lost their homes in Presbyterian Church in D.C. and their recep- Katrina by January 6 of this year—but this proven victims of identity theft—those for tion was held in the foyer of the Rayburn plan still has not been submitted. whom the horse has already left the barn— House Office Building. Now, without itself having figured out how and deny many whose data has been stolen Mr. Speaker, I am proud to honor the mar- best to provide housing to those left homeless the ability to prevent identity theft. Consumers riage of Ronald and Wanda Martinson. Their by the hurricane, FEMA is poised to leave would have to wait for harm to occur before twenty-fIve years together is both impressive some 55,000 families—many with very young, they could prevent it. That makes no sense. and inspiring. I wish them many more years of or very old, or even very sick members—with- happiness together. I now yield the remainder out any viable option for finding or affording I also believe that any Federal file freeze of my time. must be easy to use, convenient, low cost, housing and with few remaining options for f and available to all consumers, and my bill seeking Federal assistance except on a very provides that. CONGRESSMAN HENSARLING HON- short-term basis. ORS HERB’S PAINT & BODY’S Mr. Speaker, shortly after Katrina dev- I think that a national standard giving all in- 50TH ANNIVERSARY astated New Orleans, the President pledged dividuals the ability to control access to their that our Nation would help that city and its citi- credit reports would create the market condi- HON. JEB HENSARLING zens rebuild their lives. Not only has the Presi- tions for new security systems to develop to dent failed to honor that pledge, but the ad- OF TEXAS ministration is now willing even to force those make the process of freezing and unfreezing IN THE HOUSE OF REPRESENTATIVES even easier. Just as when eBay burst on the who lost everything out of the temporary hous- Thursday, May 25, 2006 scene we had secure payments systems like ing provided to them in the wake of the storm. PayPal spring up, so if file freeze becomes a Mr. HENSARLING. Mr. Speaker, today I This is shameful. Is this how we should treat national phenomenon, we will have entre- would like to recognize the outstanding service our brethren who have suffered and lost so preneurs develop secure systems of freezing commitment of the people of Herb’s Paint & much? I urge my colleagues not to let FEMA fail, and unfreezing. Body, a local icon around the Dallas metroplex, as they celebrate their 50th year of once again, those who have been failed by I urge Members to support this legislation business and continue to make our community the government at every turn of this natural and give their constituents this moderate and a better place to live. disaster. I urge my colleagues to join me in sensible tool to protect themselves from iden- Founded in 1956 by Herb Walne, Herb’s urging the administration to extend the FEMA tity theft. Paint and Body originally was a Humble Gas temporary housing deadline.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.107 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E994 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 STATEMENT OF ONE YEAR ANNI- These brave men and women came from Elmsford, Private 1st Class, Arciola, Mi- VERSARY OF PASSAGE OF H.R. every State as well as Puerto Rico, the Virgin chael A., 15–Feb–05; Forestport, Private 1st 810 Islands, Washington, DC, American Samoa, Class, Huxley Jr., Gregory Paul, 06–Apr–03; Garden City, 2nd Lieutenant, Licalzi, Mi- the Northern Mariana Islands, and Guam. chael L., 11–May–06; Glen Oaks, Lance Cor- HON. LANE EVANS Whatever our views may be on the war, we poral, Postal, Michael V., 07–May–05; Ham- OF ILLINOIS salute these fallen heroes for their patriotism, mond, Sergeant, Friedrich, David Travis, 20– IN THE HOUSE OF REPRESENTATIVES sacrifice and bravery. We thank their families Sep–03; Hauppage, Lance Corporal, Kremm, Jared J., 27–Oct–05. Thursday, May 25, 2006 and mourn with them, and promise that we will never forget the contributions of their loved Hempstead, Specialist, Sage, Lance S., 27– Dec–05; Hicksville, Corporal, Kolm, Kevin T., Mr. EVANS. Mr. Speaker, yesterday marked ones. the 1 year anniversary of House passage of 13–Apr–04; Highland, Sergeant, Williams, Eu- Whether Democrat or Republican, supporter gene, 29–Mar–03; Specialist, Chan, Doron, 18– H.R. 810, the Stem Cell Enhancement Act. or opponent of the war, we honor those who Mar–04; Jamestown, Private, Cooper Jr., Hundreds of patients, their loved ones, and have given their lives with the deepest grati- Charles S., 29–Apr–05; Jamestown/Celoron, advocates were here to remind the other body tude and heartfelt compassion. COL. Geoffrey Sergeant, Matteson, James C. ‘‘J.C.’’, 12– that we are still waiting for this research to Slack of New York’s Fighting 69th who lost 19 Nov–04. move forward. We have not forgotten. Jericho, 1st Lieutenant, Lynch, Matthew men under his command in Iraq said it well: D., 3l–Oct–04; Jordan, Staff Sergeant, Rey- Every day scientists are breaking new The vast majority of Americans have it ground in the study of stem cells and bringing nolds, Steven C., 24–Nov–05; Lewis, Corporal, right. Regardless of their thoughts about the Davey, Seamus M., 21–Oct–05; Lowville, Cor- new hope and possibility to finding cures for a war, most have separated the soldiers from poral, Cannan, Kelly M., 20–Apr–05; Mastic, variety of diseases. Parkinson’s disease af- the policies of Washington. I can’t tell you Specialist, Wilwerth, Thomas J., 22–Feb–06; fects over 1 million Americans, and I am one how much that means. The average young Middle Village, Staff Sergeant, McNaughton, of those patients. Parkinson’s affects every man or woman who goes to serve in Iraq has James D., 02–Aug–05. day of my life. nothing to do with policy. They just go and Middletown, Specialist, Medina, Irving, 14– When I was first diagnosed with this dread- do what they’re asked to do. Nov–03; Middletown, Specialist, Gonzalez, As the dean of the New York State congres- Carlos M., 16–Mar–06; Monroe, Petty Officer ful disease, I was told I would have be able to 1st Class, Pernaselli, Michael J., 24–Apr–04; effectively manage my symptoms for a num- sional delegation, I have enclosed a roster of Mt. Vernon, Corporal, Gooden, Bernard ber of years. Unfortunately, in recent months, New Yorkers who have given their lives in George, 04–Apr–03; New Windsor, Corporal, the symptoms have become more bother- Iraq. Also listed is a State-by-State numerical Tremblay, Joseph S., 27–Apr–05. some, and I have announced plans to retire at accounting of the deceased. New York, Staff Sergeant, Tejeda, Riayan the end of this Congress. The decision to re- NEW YORK STATE FALLEN HEROES (AS OF MAY Augusto, 11–Apr–03; Captain, Wood, George 22, 2006) A., 20–Nov–03; Master Sergeant, Toney, Tim- tire was a very sad one for me because I be- othy, 27–Mar–04; Lance Corporal, Gavriel, lieve strongly in serving people. City/county of NY, rank, name, and date: Dimitrios, 19–Nov–04; Lieutenant Colonel, But Parkinson’s will not keep me down. I Airmont, Corporal, Vahaviolos, Steve, 11– Crowe, Terrence K., 07–Jun–05; Sergeant, have been overwhelmed by the encouraging May–06; Albany, Sergeant, Sacco, Dominic J. Floyd Jr., Clarence L., 10–Dec–05; Specialist, letters I have received from my constituents, 20–Nov–05; Baldwin, Private 1st Class, Mercedes Saez, Sergio A., 05–Feb–06; Staff Urbina, Wilfredo F., 29–Nov–04. Sergeant, Lewis, Dwayne Peter R., 27–Feb–06; colleagues and friends, veterans, and well- Bay Shore, Private 1st Class, Heighter, wishers from across the Nation. I am heart- Newark Valley, Petty Officer 3rd Class, Wil- Raheen Tyson, 24–Jul–03; Bay Shore, Private son, Nicholas, 12–Feb–06. ened by your calls and e-mails. 1st Class, Fletcher, Jacob S., 13–Nov–03; Niagara Falls, Staff Sergeant, Bass, Aram I have said before that having Parkinson’s Bloomingburg, Private 1st Class, Vonronn, J., 23–Nov–05; North Creek, Staff Sergeant, has made me a better Congressman, and it’s Kenneth G., 06–Jan–05; Brentwood, Spe- Kimmerly, Kevin C., 15–Sep–03; North true. I know first hand what people go through cialist, Ruiz, Jose L., 15–Aug–05. Merrick, Specialist, Bandhold, Scott M., 12– when battling illness or injury. This is why it is Bronx, Commander, Acevedo, Joseph, 13– Apr–06; North White Plains, Private 1st so important to pass a bill that will allow us to Apr–03; Private 1st Class, Moreno, Luis A., Class, Cuming, Kevin A., 21–Aug–04. 29–Jan–04; Sergeant, Engeldrum, Christian Orchard Park/W. Seneca, Specialist, perform research on more stem cell lines. Roustum, David L., 20–Nov–04; Philadelphia, It is past time to allow researchers and doc- P., 29–Nov–04; Staff Sergeant, Irizarry, Henry E., 03–Dec–04; Specialist, Martinez, Victor A., Sergeant 1st Class, Howe, Casey E., 26–Sep– tors access to study these important cells. Be- 14–Dec–04; Sergeant, Swindell, Nathaniel T., 05; Port Chester, Lance Corporal, Sanchez cause embryonic stem cells are the only cells 15–Jan–05; Corporal, Valdez, Ramona M., 23– Jr., Efrain, 17–Jul–05; Purchase, Specialist, that have the ability to turn into any cell in the Jun–05. Kalladeen, Anthony N., 08–Aug–05. body, their potential should not be ignored. Brooklyn, Lance Corporal, White, William Queens, Corporal, Rodriguez, Robert They hold not just the potential to provide di- Wayne, 29–Mar–03; Specialist, Sahib, Marcus, 27–Mar–03; Lance Corporal, Lam, Rasheed, 18–May–03; Private 1st Class, John- Jeffrey, 08–Nov–04; Private 1st Class, Obaji, rect treatments and cures for today’s debili- Francis C., 02–Mar–05; Specialist, Ali, Azhar, tating injuries and illnesses, but they hold the son, Rayshawn S., 03–Nov–03; Sergeant, Ji- menez, Linda C. 08–Nov–03; Specialist, 02–Mar–05; Specialist, Lwin, Wai Pyoe, 08– key to unlocking our understanding of how the Akintade, Segun Frederick, 28–Oct–04; Ser- Aug–05; Private 1st Class, Rios, Hernando, body works at the most fundamental level. geant, Calderon, Pablo A., 30–Nov–04; Cor- 17–Sep–05; Staff Sergeant, Nelom, Regilio E., Mr. Speaker, I will say again: Parkinson’s poral, Behnke, Joseph O., 04–Dec–04; Staff 01–Feb–06; Specialist, Bustamante, Marlon will not keep me down. But as I know first- Sergeant, Melo, Julian S., 21–Dec–04; Ser- A., 28–Apr–06; Sergeant, Gomez, Jose, 17–Jan– 05. hand, the millions of Americans and their fami- geant, Lozada Jr., Angelo L., 16–Apr–05; Ser- Rochester, Chief Warrant Officer (CW3), lies want research accelerated now. The other geant, Hornedo, Manny, 28–Jun–05; 1st Ser- Smith, Eric Allen, 02–Apr–03; Lance Cor- body may have not acted yet to pass the stem geant, Mendez, Bobby, 27–Apr–06. poral, Schramm, Brian K., 15–0ct–04; Rock- cell bill, but we have not forgotten. We are Buffalo, Lance Corporal, Orlowski, Eric ville Center, 1st Lieutenant, Winchester, hopeful the other body will take this bill up in James, 22–Mar–03; Private 1st Class, Burkett, Ronald, 03–Sep–04; Rome, Sergeant, Uvanni, Tamario Demetrice, 23–Mar–03; Private, Michael A., 01–Oct–04; Sackets Harbor, Lieu- short order and in turn provide hope for these Evans Jr., David, 25–May–03; Specialist, Wil- courageous people. tenant Colonel, James II, Leon G., 10–0ct–05; liams, Michael L., 17–Oct–03; Private 1st Schenectady, Sergeant, Robbins, Thomas D., f Class, Bush Jr., Charles E., 19–Dec–03; Ser- 09–Feb–04; Scio (Allegany Co.), Corporal, geant, McKeever, David M., 05–Apr–04; Spe- A MEMORIAL DAY TRIBUTE TO Dunham, Jason L., 22–Apr–04; South Glens cialist, LeBrun, Jeff, 01–Jan–05; Specialist, Falls, Private 1st Class, Brown, Nathan P., NEW YORK’S FALLEN HEROES Pfister, Jacob M., 19–Apr–05. 11–Apr–04. Canandaigua, Sergeant, McMillin, Heath Stony Brook (Long Island), Petty Officer HON. CHARLES B. RANGEL A., 27–Jul–03; Corning, Gunnery Sergeant, 3rd Class, Bruckenthal, Nathan B., 25–Apr–04; OF NEW YORK Lane, Shawn A., 28–Jul–04; Sergeant, Suffern, Captain, Esposito, Phillip T., 08– Pusateri, Christopher M., 16–Feb–05. Jun–05; Suffolk, Lance Corporal, Mateo, IN THE HOUSE OF REPRESENTATIVES Delmar/Albany, Captain, Moshier, Timothy Ramon, 24–Sep–04; Taberg/Camden, Sergeant, Thursday, May 25, 2006 J., 01–Apr–06; Depew/Cheektowaga, Sergeant, Parker, Elisha R., 04–May–06; Theresa, Pri- Mr. RANGEL. Mr. Speaker, as we approach Gasiewicz, Cari Anne, 04–Dec–04; Douglaston, vate 1st Class, Perez, Luis A., 27–Aug–04; Specialist, Ling, Roger G., 19–Feb–04; East the observance of Memorial Day, 2006, I invite Tonawanda, Staff Sergeant, Dill, Christopher Islip, Specialist, Pope II, Robert C., 07–Nov– W., 04–Apr–05; Unadilla, Specialist, Nieves, my colleagues to join me in paying post- 05; East North Port, Chief Warrant Officer 4, Isaac Michael, 08–Apr–04; Wallkill, 1st Lieu- humous tribute to the 2,459 members of the Engeman, John W., 14–May–06; Elizaville, tenant, Dooley, Mark H., 19–Sep–05; Water- U.S. Armed Forces who have made the ulti- Staff Sergeant, Robsky Jr., Joseph E., 10– loo, Master Sergeant, Auchman, Steven E., mate sacrifice while serving in the Iraq War. Sep–03. 09–Nov–04.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.112 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E995 Watertown, Sergeant, West James G., 11– and inspired generations of students to reach [From the Nation, May 25, 2006] Jul–04; Master Sergeant, Tuliau, Tulsa T., their full potential. Lowell’s magnificent edu- HOUSE VOTE HARMS PALESTINE, ISRAEL, U.S. 26–Sep–05; Sergeant 1st Class, cators have helped their students achieve the (By John Nichols) Acevedoaponte, Ramon A., 26–Oct–05. Watervliet/Green Island, Specialist, Fisher, highest level of learning and cultivate the Jimmy Carter has been blunt: Despite the David M., 01–Dec–04; West Henrietta, Spe- strengths needed to succeed. Lowell produces fact of a Palestinian election result that was cialist, Koch, Matthew A., 09–Mar–05; West determined students who matriculate at some not to their liking, the former president Seneca, Specialist, Baker, Brian K., 07–Nov– of our country’s most prestigious universities. says, ‘‘it is unconscionable for Israel, the 04. Lowell’s graduates are well equipped to as- United States and others under their influ- White Lake, Sergeant, Dima, Catalin D., ence to continue punishing the innocent and sume the grave responsibility of making the already persecuted people of Palestine.’’ 13–Nov–04; Whitestone, Private 1st Class, world a better place. Prevete, James E., 10–Oct–04; Williamsville, Since the political wing of the militant Private 1st Class, Shuster, Benjamin C., 25– We must also pay tribute to Paul Cheng for group Hamas swept parliamentary elections Feb–06. a lifetime of academic leadership, including 16 in Palestine, the U.S. and Israel have been trying to use economic pressure to force a NUMERICAL ACCOUNTING OF IRAQ WAR years as principal of Lowell High School. His change of course. Disregarding the democ- FATALITIES BY STATE (AS OF MAY 22, 2006) contributions to San Francisco’s schools and racy that President Bush says he wants to Alabama, 42; Alaska, 9; American Samoa, students are extraordinary. San Franciscans take pride in Lowell’s mis- promote in the Middle East, the U.S. has 5; Arizona, 58; Arkansas, 31; California, 254; sanctioned policies that have fostered chaos Colorado, 33. sion to foster an environment of superior on the Gaza Strip and the West Bank and Connecticut, 19; Delaware, 11; District of learning while maintaining the cultural and so- created increasingly harsh conditions for Columbia, 3; Florida, 108; Georgia, 75; Guam, cial diversity that we respect and embrace. I people who have known more than their 3; Hawaii, 12. am proud that San Francisco is the home of share of suffering. Idaho, 15; Illinois, 94; Indiana, 49; Iowa, 29; ‘‘Innocent Palestinian people are being Kansas, 25; Kentucky, 41; Louisiana, 57. this impressive academic institution. Let us all treated like animals, with the presumption Maine, 12; Maryland, 40; Massachusetts, 36; join in celebrating and congratulating Lowell that they are guilty of some crime,’’ argues Michigan, 82; Minnesota, 31; Mississippi, 35; on its 150 years of loyal dedication to our Na- Carter, a Nobel Peace Prize winner whose in- Missouri, 41. tion’s youth. Montana, 10; Nebraska, 23; Nevada, 20; New volvement in the Middle East peace process Hampshire, 10; New Jersey, 43; New Mexico, has extended across three decades. ‘‘Because f 17; New York, 117. they voted for candidates who are members North Carolina, 55; North Dakota, 10; of Hamas, the United States government has HONORING WILLIAM ‘‘BILL’’ become the driving force behind an appar- Northern Mariana Islands, 3; Ohio, 109; Okla- GRALNICK homa, 42; Oregon, 37; Pennsylvania, 121. ently effective scheme of depriving the gen- Puerto Rico, 22; Rhode Island, 9; South eral public of income, access to the outside Carolina, 35; South Dakota, 17; Tennessee, 52; HON. ROBERT WEXLER world and the necessities of life.’’ Instead of checking and balancing the Texas, 217; Utah, 12. OF FLORIDA Vermont, 16; Virgin Islands, 3; Virginia, 75; president’s misguided approach to an elec- Washington, 46; West Virginia, 17; Wisconsin, IN THE HOUSE OF REPRESENTATIVES tion result that displeased him, Congress has 55; Wyoming, 6. Thursday, May 25, 2006 added fuel to the fire. Source: iCasualties.org By a lopsided vote of 361 to 37, the House Mr. WEXLER. Mr. Speaker, I would like to voted Tuesday for the so-called ‘‘Palestinian f recognize the retirement of a great leader in Anti-Terrorism Act,’’ a measure so draco- COMMEMORATING LOWELL HIGH American Jewish community, the Southeast nian that even the Bush administration has SCHOOL’S SESQUICENTENNIAL Regional Director of the American Jewish opposed it. Committee, AJC, William ‘‘Bill’’ Gralnick. The legislation, which still must be rec- onciled with a similar measure passed by the HON. NANCY PELOSI For the past two decades, Bill Gralnick has Senate, would cut off all assistance to the OF CALIFORNIA championed Jewish causes and promoted Hamas-led Palestinian Authority, and place IN THE HOUSE OF REPRESENTATIVES inter-religious dialogue in south Florida. He conditions on humanitarian assistance deliv- has built bridges with the Christian and Muslim ered directly to the Palestinians by non-gov- Thursday, May 25, 2006 communities, advocated for strengthened ernment organizations. Presidential spokes- Ms. PELOSI. Mr. Speaker, I am deeply hon- U.S.-Israel relations, and combated anti-Semi- man Tony Snow, in restating the White ored to rise today in recognition of the sesqui- tism and intolerance in all its forms. He has House’s opposition to the measure says that centennial of San Francisco’s Lowell High brought south Florida law enforcement officials it ‘‘unnecessarily constrains’’ the flow of es- School. The oldest public high school west of sential assistance—food, fresh water, medi- together with local clergy, and arranged for ex- cine—in a manner that does, indeed, ‘‘tie the the Mississippi River, Lowell has now main- changes between Israeli security experts and president’s hand’’ when it comes to providing tained its stellar reputation for excellence for a local police. The exemplary work of the AJC in humanitarian aid. remarkable 150 years. south Florida is a testament to Bill’s commit- It also has the potential to encourage, Lowell High School, originally named Union ment, and I thank him for his unwavering dedi- rather than restrain, violence. Grammar School, was established in 1856 by cation, spirit and resolve. Representative Earl Blumenauer, an Or- the San Francisco School Board. It was the Today, I congratulate Bill Gralnick on his egon Democrat who was one of the few mem- first public secondary school in California. In years of achievement with the AJC. Bill has bers of the House to argue against the legis- 1894, the school was renamed to honor the lation, correctly explained that the approach been a beacon of leadership in south Florida, endorsed by most of his colleagues will distinguished poet, James Russell Lowell. and his efforts have benefited the Jewish com- strengthen the hand of Palestinian extrem- Over the years, Lowell has relocated its cam- munity both in our area and beyond. Bill has ists. pus twice to accommodate more students. It set a shining example for future generations, ‘‘It does little to prioritize on the basis of has occupied its current location near Lake and I wish him ‘‘mazel tov’’ and much future our strategic interests, and provides no pros- Merced since 1962. success. pect for Palestinian reform coming through For one and a half centuries, Lowell High the process of negotiations,’’ Blumenauer said of the legislation. ‘‘In so doing, it weak- School has been a model of academic excel- f lence. Lowell has been recognized as one of ens the hands of those who advocate for peace negotiations, and supports those ex- the best public schools in the Nation by nu- PRESIDENT CARTER’S THOUGHTS ON THE MIDDLE EAST PEACE tremists who believe in violence.’’ merous magazines, including Money, Parade, Debra DeLee, President and CEO of Ameri- and Town and Country. This year, Newsweek PROCESS cans for Peace Now, which works closely ranked Lowell 26th among all public high with Israeli groups seeking a peaceful settle- schools in the Nation. The College Board HON. FORTNEY PETE STARK ment of tensions with the Palestinians, calls the bill ‘‘an exercise in overreaching that ranked Lowell sixth in the number of Ad- OF CALIFORNIA will undercut American national security vanced Placement examinations administered IN THE HOUSE OF REPRESENTATIVES in 1996; the school was ranked eighth in needs, Israeli interests, and hope for the Pal- Thursday, May 25, 2006 estinian people, if it’s ever signed into law.’’ 1994. Lowell is also a three-time recipient of ‘‘We urged the House to craft legislation the U.S. Department of Education’s Blue Rib- Mr. STARK. Mr. Speaker, I would like to en- that was focused and flexible enough to bon Award. courage my colleagues to consider the allow the U.S. to respond to Hamas’ election Today, we honor and thank all current and thoughts of former President Jimmy Carter on victory in a firm, yet responsible, manner,’’ former faculty and staff who have challenged achieving a lasting peace in the Middle East. explained a frustrated DeLee. ‘‘But by failing

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.117 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E996 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 to provide the president with a real national veterinary school at its campus in Antigua. Of- RECOGNIZING THE IMPACT OF JU- security waiver, by failing to include a sun- ficials from Tuskegee University were happy to VENILE DIABETES ON AMER- set clause for draconian performance re- offer ideas and advice. This would be an im- ICA’S YOUTH AND SUPPORTING quirements that will stay on the books re- AN INCREASE IN FY07 NIH FUND- gardless of who is running the Palestinian portant educational development for American Authority, and by failing to distinguish be- University of Antigua and the community, due ING tween Hamas and Palestinians who support a to the severe need for trained veterinarians in two-state solution, the supporters of this bill the Caribbean. HON. ELIJAH E. CUMMINGS have missed that opportunity for now.’’ OF MARYLAND Despite its dramatic flaws, the bill drew bi- The students at American University of Anti- IN THE HOUSE OF REPRESENTATIVES partisan support, with House Speaker Dennis gua, while primarily American citizens, hail Thursday, May 25, 2006 Hastert, R-Illinois, and Majority Leader from all over the world. They are committed to John Boehner, R-Ohio, and Minority Leader Mr. CUMMINGS. Mr. Speaker, I rise today Nancy Pelosi, D-California, lining up their a high standard of learning and achievement. respective caucuses behind it. The faculty of the AUA is comprised of distin- to recognize the impact of juvenile diabetes on Of the 37 ‘‘no’’ votes, 31 came from Demo- guished scholars who have mostly worked in America’s youth. Typically diagnosed during childhood and crats, including senior members such as American and European medical schools. The Michigan’s John Conyers and John Dingell, adolescent years, juvenile diabetes, also re- Californians George Miller and Pete Stark school has also enhanced the surrounding ferred to as Type I diabetes, currently affects and Wisconsin’s David Obey. Ohio’s Dennis community by providing doctors, nurses and more than 3 million Americans and more then Kucinich, a contender for the 2004 Demo- other medical professionals. The American 13,000 children are diagnosed each year. cratic presidential nomination, also opposed students attend the university and receive Juvenile diabetes is an autoimmune disease the measure, as did California’s Barbara Lee, which attacks and annihilates the insulin pro- a co-chair of the Congressional Progressive training at an academic standard equal to Caucus. what they would receive in the U.S. and are ducing cells in the pancreas. The six Republican ‘‘no’’ votes came from then able to obtain medical license in the Since insulin aids in breaking down glucose, Maryland’s Wayne Gilchrest, North Caro- United States where they contribute to easing when the insulin producing cells are destroyed, glucose accumulates in the blood and lina’s Walter Jones, Arizona’s Jim Kolbe, Il- the physician shortage that the United States linois’ Ray LaHood and Texans Ron Paul and can lead to multiple health problems, including is experiencing. Medical and nursing schools Mac Thornberry. blindness, heart failure, nerve damage, limb As is frequently the case on votes involv- are running at full capacity in the United amputations, and kidney failure. ing Israel and Palestine, dozens of members States, and AUA helps the American medical As a result of this chronic illness, individuals did not participate. Nine House members, all system fill its need for trained professionals. of them Democrats, voted ‘‘present’’ Tues- with juvenile diabetes must endure a lifetime day. Twenty-five members, eleven of them The willingness of this university to work of maintaining their glucose levels through Democrats, fourteen of them Republicans, with other schools, such as Tuskegee, to im- daily insulin injections, blood glucose moni- registered no vote. prove its programs is commendable. The abil- toring, and a healthy diet. Sadly, although in- Americans for Peace Now’s DeLee says sulin aids in prolonging the life of a diabetic, ity of this university to provide a world class that, as the House and Senate seek to rec- it cannot prevent the complications associated oncile differing bills, her group will continue education to a diverse group of students while with the disease. Even worse, is the fact that to work to alter the legislation so that it adding much needed resources to the Amer- a cure for diabetes has yet to be discovered. will not encourage extremism or worsen a ican and Caribbean community should be ap- Mr. Speaker, I recently had the opportunity humanitarian crisis. But there is no question plauded. The ability to attract a qualified di- that the task has been made more difficult to speak with a family from my district, the by the overwhelming House vote in favor of verse student population is something that Frinks, whose young daughter is afflicted with this misguided measure. many United States schools can learn from. I juvenile diabetes. Based on the wealth of f hope that we will see more partnerships of this knowledge she possessed about her condition type in the future, and again, I commend the and her ability to convey it so lucidly, I must COMMENDING AMERICAN UNIVER- school for its leadership and innovative ideas. admit that she left a lasting impression on me. SITY OF ANTIGUA FOR ITS During our conversation, she revealed the LEADERSHIP AND INNOVATIVE f extent of how different the life of a young dia- IDEAS betic is in comparison with non-diabetics. For ENERGY AND WATER DEVELOP- instance, unlike other children, she must con- HON. DONALD M. PAYNE MENT APPROPRIATIONS ACT, stantly check her glucose levels and give her- OF NEW JERSEY 2007 self lifesaving insulin when necessary. She IN THE HOUSE OF REPRESENTATIVES also revealed the critical impact her diet and other regular ‘‘child’’ activities played in her Thursday, May 25, 2006 SPEECH OF life. Unfortunately, it is reported that many Mr. PAYNE. Mr. Speaker, today I would like Type I diabetics are susceptible to ridicule by to bring to the attention of my colleagues a HON. JAY INSLEE their peers due to an overall lack of knowl- very innovative educational program which is OF WASHINGTON edge about the disease or because they are helping to address the need for doctors and ‘‘different’’. other trained medical professionals. As a IN THE HOUSE OF REPRESENTATIVES By the end of our conversation, I was in member of the House Education and the Wednesday, May 24, 2006 awe. Not only did this young girl exemplify Workforce Committee, I am supportive of ex- maturity well beyond her years, she also expanding educational opportunities for students The House in Committee of the Whole hibited an unbelievable amount of courage in interested in medical training. House on the State of the Union had under living with this often debilitating disease. Last year I had the opportunity to visit the consideration the bill (H.R. 5427), making ap- Mr. Speaker, recent studies have shown American University of Antigua and to meet propriations for energy and water develop- that compared with non-diabetic youth, juve- with students from my home State of New Jer- ment for the fiscal year ending September 30, nile diabetics are more conscientious about sey who are enrolled there. This school was 2007, and for other purposes: healthy living, nutritional requirements, and re- founded only a few years ago and has already sponsibility based on their lifestyles. This was had an immense impact on the surrounding Mr. INSLEE. Mr. Chairman, this amendment definitely true with this young lady—she was a community, as well as the lives and careers of neither clarifies nor modifies any provision of fount of knowledge about wellness and pre- medical students around the world. Its found- the Federal Power Act. Nor does it ratify any vention—at age seven! That is why I was so er, Neal S. Simon should be commended for action previously taken by FERC. The amend- amazed—and applauded her courageousness. establishing a quality medical education pro- ment would merely prevent entities that en- Mr. Speaker, the life of this remarkable gram that accommodates the need for diver- gaged in fraudulent and deceptive trading young woman represents the life experiences sity in medical education. practices during the western states energy cri- of many young people coping with juvenile di- As part of a new and exciting partnership, sis, as determined by FERC, from profiting by abetes. Because of her story and millions like the American University of Antigua is now co- their misconduct by collecting termination fees. hers, we must continue to work more diligently operating with Tuskegee University, a Histori- toward finding and funding a cure for the dis- cally Black College, to explore developing a ease.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.122 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E997 I want to applaud an organization that has tivate steadfast leaders of tomorrow—rich in Mr. Mazoka was born on March 22, 1943 in been fighting on behalf of these children. knowledge, morals, and wellness. southern Zambia to Mr. Juda Mazoka and Since its inception in 1970, the Juvenile Dia- f Mrs. Bertha Mazoka. His parents were teach- betes Research Foundation International has ers. They encouraged their son to excel in raised over $900 million for diabetes research. HONORING JOEL M. CARP school, and excel he did. He was among one I commend its efforts and will continue to sup- of the first graduates of the University of Zam- port it in its commitment to finding a cure for HON. RAHM EMANUEL bia, which was founded in 1966. He worked the disease. OF ILLINOIS briefly in Zambia, before he moved to the But we must do more for a disease that has IN THE HOUSE OF REPRESENTATIVES United States, where he both worked and become almost epidemic for children and Thursday, May 25, 2006 studied. adults. Twenty million Americans suffer from In the early 1970s he returned to Zambia to diabetes, which is the leading cause of kidney Mr. EMANUEL. Mr. Speaker, I rise today to work for Zambia Railways. In the period of 2 failure, adult blindness, non-traumatic amputa- recognize the long and distinguished career of years he was promoted to general manager tions, heart attacks and stroke. In fact, every Joel M. Carp, one of the leaders in the Chi- by the former president Kenneth Kaunda. His 30 seconds a new case of diabetes is diag- cago nonprofit community. Mr. Carp will retire distinguished career also included acting as nosed and over 1.3 million Americans are next month from the Jewish Federation of the managing director of South Africa’s mining newly-diagnosed each year. Metropolitan Chicago after almost thirty years giant, Anglo American Corporation. But for those of my colleagues who make of service. Perhaps Mr. Mazoka’s greatest legacy decisions by the numbers, I offer these grim Mr. Carp has dedicated his career to cre- though, was his active political life in which he statistics. Diabetes costs this country $132 bil- ating public policies and sustaining quality, fought for democratic causes and improving lion per year, almost five times the entire Na- comprehensive health and human services for the lives of the poor in Zambia. As a charming tional Institutes of Health $28.5 billion budget. all people, including refugees and immigrants. and self confident man, he incited support and This disease also accounts for 30% of every For the last 28 years, he has been working to- excitement from his followers who want so Medicare dollar. wards these goals at the Jewish Federation/ badly to see change in their country. The Diabetes Research Working Group Jewish United Fund, most recently as Senior He ran for president of Zambia in 2001 on mandated by Congress called for $1.6 billion Vice President for Community Services and the platform of providing free education, free in funding for NIH diabetes research, but ac- Government Relations. medical services and addressing poverty. Al- tual funding hovers around $1 billion. Accord- His dedicated service includes managing though he narrowly lost the election, he con- ingly, I support a 5% increase in the FY 2007 the Government Affairs Program, planning and tinued fighting for these causes. budget for NIH funding for juvenile diabetes budgeting for the Federation’s numerous so- Mr. Mazoka dominated opposition politics. research so that we may all reap the benefits cial welfare programs and services, and su- After his narrow loss for president he re- of diabetes research. pervising State of Illinois programs for immi- mained the greatest challenger to the par- Needless to say, we must dedicate more re- grants, refugees and the homeless. liamentary majority in Zambia, the Movement sources to fighting this disease—for the chil- In addition to his work at the Jewish Foun- for Multiparty Democracy (MMD). dren and adults who suffer today and the mil- dation, Mr. Carp has served on numerous im- He was the president of the United Party for lions who will suffer tomorrow. I believe that portant task forces tackling welfare reform, National Development (UPND), the strongest with sufficient funding of research initiatives, hunger, housing, and emergency food and opposition party in Zambia, which aligned with we come closer to finding a cure, and at the shelter for both the City of Chicago and the two other parties to create United Democratic very least lessen the suffering. I urge my col- State of Illinois. Mr. Carp has also taken the Alliance (UDA). His sudden death has left a leagues to do the same. time to write and publish many articles on the vacuum in his party and in the Democratic Alli- Mr. Speaker, one other area I would like to topics about which he is most passionate, ance, a difficult blow to their cause in year discuss is the longer survivability and quality sharing his invaluable perspectives with all where they face the first general elections of life of all diabetics. Due to technological ad- who work in this important field. since 2001. vancements, insulin injections have come a In recognition of Joel Carp’s hard work and Congresswoman BARBARA LEE’s niece’s fa- long way since the needle and syringe meth- tireless dedication, he has received the Melvin ther, Mr. Mazoka, envisioned a better Zambia od. A. Block Award for Professional Distinction for all. As members of Congress, let us honor In fact, in the early 1990’s, the Food and from the Associated YMYWHAs of Greater this man who fought for democratic causes in Drug Administration (FDA) approved an insulin N.Y., the City of Chicago’s Commission on one of our most beautiful countries in Africa. pump, which delivers insulin to the blood Human Relations Award, and a special award We offer our deepest condolences to his stream in small intervals throughout the day from the YMCA of the USA for helping to re- family. Mr. Mazoka is survived by his wife through a tiny needle stuck under the skin on store Agency for International Development Mutinta and his three children. I join his family, the left side of the abdomen. Insulin pumps funding for human services in Lebanon. friends and loved ones in saluting Mr. Mazoka have been proven to aid in stabilizing glucose Mr. Speaker, on behalf of the Fifth Congres- for his lifelong commitment to public service control and reduce episodes of hypoglycemia. sional District of Illinois, I thank Joel Carp for and the positive impact his work has had on Recently, continuous glucose meters have his many outstanding contributions to our so- countless people. been developed to provide diabetics instanta- cial service network and to the Chicago area f neous access to testing blood glucose levels. Jewish Community. His efforts have had a MEMORIAL DAY Recent studies have proven that individuals profound impact on the lives of his co-workers, who utilize continuous glucose meters spend friends, family, and countless other individuals. HON. HENRY A. WAXMAN more time in the normal glucose range com- I wish him continued happiness in all his fu- OF CALIFORNIA pared with patients using conventional finger ture endeavors. IN THE HOUSE OF REPRESENTATIVES stick blood glucose methods. f Presently, medical researchers are working Thursday, May 25, 2006 on fusing these two devices to create an artifi- HONORING MR. ANDERSON Mr. WAXMAN. Mr. Speaker, I rise to pay cial pancreas that would regulate glucose lev- KAMBELA MAZOKA tribute to all those who have fallen in the de- els in the body of someone with diabetes by fense of our country. Each year, Memorial Day continuously measuring the level of glucose HON. BARBARA LEE is a special time to honor the departed, sup- and dispensing doses based on those meas- OF CALIFORNIA port the wounded, and praise the enduring urements. Again, if developed, this device IN THE HOUSE OF REPRESENTATIVES commitment of all those who serve. would contribute in augmenting the quality of In my district this weekend, the white Thursday, May 25, 2006 life for Type I and Type II diabetics. headstones of the Los Angeles National Cem- Mr. Speaker, these life-altering inventions Ms. LEE. Mr. Speaker, I rise today to honor etery will be surrounded with flowers and fami- only come through research. That is why, the extraordinary life of Mr. Anderson Kambela lies. Amid the bustle of West Los Angeles, this again, I support the 5% increase in NIH fund- Mazoka of Zambia who passed away yester- serene and mournful field honors the great ing for the FY 07 budget and I encourage my day at age 56 in the Morning Side Clinic in Jo- sacrifice that has sustained our blessed coun- colleagues to join me in this effort. America’s hannesburg, South Africa. News of this great try and the core values we cherish. youth is our future and it is up to us to invest leader’s death has come to us as a shock and My district is also home to the West Los An- in their health and education in order to cul- a surprise. geles Veterans Administration, which is the

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.130 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E998 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 largest VA facility in the continental United cans only as another indiscernible line on their prove water cistern designs and repair cistern States. The land was generously donated after phone bill which reads as an access fee or cracks. the Civil War to serve as an old soldiers home charge for service. While not among the final winners of the and I am pleased that efforts are finally under- But in fact, this tax began as part of the War contest, their innovative project truly embodied way to move toward this goal with plans for a Revenue Act of 1898 as a temporary means the objectives of the competition—to find envi- State Veterans Home on the property. We to finance the Spanish American War. Inter- ronmentally friendly ways to raise living stand- must continue, however, to expand other serv- estingly, this wasn’t the only onerous tax in ards and foster economic growth in the devel- ices and programs to meet veterans’ needs. I the War Revenue Act. The Act also gave us oping world. remain deeply opposed to the VA’s consider- the much debated estate tax. ation of plans to divert portions of the property Back then, the excise tax was designed to Mr. Speaker, these are goals we can all for commercial use. I am determined to con- be a luxury tax for people who owned tele- agree on. Therefore, it is with great pleasure tinue working with local veterans groups, local phones. Today, the war is ancient history and that I thank Kimberly for all her hard work, officials, and the surrounding community to if you ask anyone walking down the street to congratulate her team on their success, and ensure that the entire property is preserved for join you in shouting ‘‘Remember the Maine,’’ wish them great success in all of their future programs that benefit and serve our veterans. I’d expect you to get quizzical stares. Today, endeavors. The sanctity of our battlefields, monuments, there is no specific purpose for this tax. Tele- and veterans institutions is of utmost impor- phones are a virtual necessity—not a luxury— f tance to preserve military history and pay re- and the revenues collected by this tax flow spect to those who fought. I would like to take into the general fund. But this once temporary URGING THE SENATE TO PASS this opportunity to recognize the efforts of my tax remains and costs American taxpayers, THE STEM CELL RESEARCH EN- constituent Leon Cooper, a World War II vet- our small businesses and families almost $6 HANCEMENT ACT eran of the Pacific Theater, who has been billion dollars a year. working to raise awareness about the build-up On the tax, Gene Kimmelman, director of of garbage and refuse at the site of the Battle Consumers Union is quoted as saying, ‘‘this is HON. JANE HARMAN of Red Beach on Tarawa Atoll in the remote the poster child for how messed up our tele- OF CALIFORNIA island nation of Kiribati. Nearly 1,000 Marines phone pricing system is today. It makes no IN THE HOUSE OF REPRESENTATIVES were killed and over 2,000 were wounded dur- sense to have to pay a tax to fight a war that ing heavy fighting over the span of just a few was over more than 100 years ago.’’ Well Thursday, May 25, 2006 days in November 1943. I applaud Mr. COO- today the tax has been repealed. PER for his commitment. Americans will soon be able to file for a re- Ms. HARMAN. Mr. Speaker, one year ago Although Tarawa has a monument to the fund as part of their 2006 tax return for the the House passed the Stem Cell Research Marines who died on Red Beach, heavy con- past three years of charges and the Treasury Enhancement Act, by a vote of 238–194. I struction in the area has spurred an effort to Department estimates that $15 billion will be was pleased to see this Chamber put science find a new location closer to the battle site refunded to the American public. before ideology. The promise of finding cures itself. I fully support this effort, which would I encourage all Americans to take advan- for a whole host of debilitating diseases also create an opportunity for the 2nd Marine tage of this opportunity to get their returns and seemed bright. division to restore the beach to a more appro- I call on my colleagues to set their sights on But the year has come and gone, and the priate and respectable condition. I encourage ending this tax’s equally unnecessary counter- Senate has yet to take up its version of the our local U.S. Embassy in Fiji to work with the part, the local telephone excise tax. These are legislation. Further delay is unacceptable. Government of Kiribati on sanitation and con- outdated, out-of-touch taxes and they should Today, I join my colleagues in the House to servation projects that would provide long-term all be removed from the tax code. urge the Senate to schedule a vote on this solutions for maintaining the coastline and pre- f critical, life-saving, and life-affirming measure. serving the area. It would be a tribute to our veterans and a benefit to the Kiribati people. COMMEND KIMBERLY BURNITZ This bill takes an ethical and moral ap- And while we honor generations past, we FOR HER PARTICIPATION IN THE proach to a challenging subject while respect- must also be keenly aware of the needs of P3: PEOPLE, PROSPERITY, AND ing the value of life. It allows for federal funds soldiers now deployed in Iraq and Afghani- THE PLANET STUDENT DESIGN to support research on stem cell lines derived stan. It is unacceptable that returning veterans COMPETITION from the surplus embryos of fertility treat- are facing unreasonable delays obtaining care ments. Fertility clinics do not need these em- and benefits. The number of new enrollees HON. JUDY BIGGERT bryos and they would otherwise be discarded, waiting for their first appointment at the VA OF ILLINOIS not implanted. It requires explicit written donor consent, and it does not allow stem cells to be has doubled in the past year. I am deeply con- IN THE HOUSE OF REPRESENTATIVES sold for profit. cerned about the inadequate screening and Thursday, May 25, 2006 services for the more than 1⁄3 of returning Many Members of Congress like to talk troops who seek mental health care. It is im- Mrs. BIGGERT. Mr. Speaker, I rise today to about ‘‘values.’’ Today, I say to them: using perative that we fight the budget cuts and mis- applaud the efforts of Kimberly Burnitz, and discarded embryos to find life-saving cures is placed priorities that have led to this deplor- college student from Lockport, Illinois. Earlier our moral obligation. Saving lives is precisely able situation. this month, Kimberly and her team from East- what we should all care about. ern Illinois University, came to Washington to As we observe Memorial Day, let us give Parkinson’s disease, cancer, heart disease, thanks to all of our brave men and women compete in the P3—People, Prosperity, and the Planet—Student Design Competition. Alzheimer’s, spinal cord injuries, and juvenile who have stood in harm’s way or stand there diabetes do not discriminate—every one of us today, far from home, living at great risk, and Sponsored by the Environmental Protection Agency, the P3 design competition gives col- has had a family member or friend whose life fighting under the stars and stripes. We owe has been changed by one of these debilitating them an enduring debt of gratitude. lege-level students a chance to grow their technical and scientific skills by working on conditions. This is not and should not be a f projects that address sustainability challenges partisan or ideological issue. People from both FEDERAL TELEPHONE EXCISE TAX faced by the developing world. After reviewing ends of the political spectrum—from Nancy over one hundred proposals, the EPA pro- Reagan to the late Christopher Reeve—have HON. MICHAEL G. FITZPATRICK vided grants to 41 of the most promising stu- embraced the promise of stem cell research. dent projects that addressed these challenges It is my hope that the United States Senate OF PENNSYLVANIA will follow their lead. IN THE HOUSE OF REPRESENTATIVES while preserving the environment. Among the teams chosen to develop their Cures for many serious ailments may lie in Thursday, May 25, 2006 project, the students of Eastern Illinois Univer- stem cell research. We owe it to generations Mr. FITZPATRICK of Pennsylvania. Mr. sity worked on a unique initiative to increase of Americans and their families to help find Speaker, I rise today to say good riddance to drinking water supplies in rural Haiti and other treatments that could lead to an improved an outdated, antiquated tax that has long out- developing nations. Through extensive re- quality of life. I urge my colleagues in the Sen- lived its usefulness—the long distance tele- search and testing, Kimberly’s team devised ate to pass the Stem Cell Research Enhance- phone tax. This tax is known to many Ameri- locally feasible methods for Haitians to im- ment Act.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 0626 Sfmt 0634 E:\CR\FM\K25MY8.003 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E999 ENERGY AND WATER DEVELOP- Downers Grove South High School Speech Mother’s Day becomes a sad reminder and MENT APPROPRIATIONS ACT, Team on capturing the 2006 Illinois State an accolade for her supreme contribution to 2007 Championship. On February 18, 2006, they patriotism. Or maybe it’s a time to be angry and resentful—why my son or daughter? bested 8 other teams to finish in first place SPEECH OF Pride crumples in a darkened room filled and claim the championship title. with pictures of a young man or woman HON. MICHAEL G. FITZPATRICK Even more impressive is the fact that this is whose potential bled out onto a foreign soil. OF PENNSYLVANIA the school’s 11th state speech championship, This imagined scenario is a relentless as- IN THE HOUSE OF REPRESENTATIVES making Downers Grove South the sault on memories of all the boo-boos she Wednesday, May 24, 2006 ‘‘winningest’’ high school in state speech team kissed and Superman Band-Aids plastered on The House in Committee of the Whole history. In addition, the members of this ex- scraped knees and dinged elbows. If only House on the State of the Union had under ceptional team provided Downers Grove South Mama could have been there to fix things, to consideration the bill (H.R. 5427), making ap- with its third state championship in the ‘‘Per- make them better, to chase the monster away, to kiss away hurts one more time, propriations for energy and water develop- formance in the Round’’ event. ment for the fiscal year ending September 30, then maybe she, too, could quit crying. Today, our hats are off to team members Questions and accusations stifle remorse, 2007, and for other purposes: Liz Adamski, Kyle Akerman, Joel Bennett, Mr. FITZPATRICK of Pennsylvania. Mr. but tears like water, ever the enemy of rock, Jaclyn Bernard, James Courtney, Jeff wear down resistance. Solace wrestles with Chairman, I want to thank Chairman HOBSON Danziger, Cullen Deady, Meghan Deady, acceptance, but grief takes on a presence of for his work during consideration of the Energy Stephanie Gilbert, Geysha Gonzalez, Eric Jen- its own. Guided by ghosts, it is either tor- and Water Appropriations Act to include lan- sen, Sean Liston, Justin Matkovich, Tess ment or release from them. guage in the final version of the legislation to Mody, Dan Nelson, Chris Nichols, Colleen When burying a child, remembrance is love block funds that would have allowed an ill-ad- O’Neill, Cauley Powell, Anne Quiaoit, Alex and guilt is debilitating; however, my quan- vised policy directive by the Department of En- Safranek, Eileen Schroeder, Becca Seale, tifying and simplifying a mother’s loss and angst seems as unsentimental as some pot- ergy to go forward. The policy directive would Shobana Shanmugum, Tara Smith, Adam have prevented contractors to the agency from bellied politician pontificating on Memorial Tanguay and Danielle Tannenbaum—for con- continuing to provide defined benefit pension Day. How can anyone suppose a wound so tinuing their school’s tradition of hard work, plans and comprehensive healthcare coverage deep it bleeds concurrently with every dedication, and commitment to excellence. thought of the initial one? Such trauma is to their employees. Chairman HOBSON’s lan- I also would like to congratulate the coach- personal, so much so that empathy even guage blocks federal funds from implementing es—Head Coach Jan Heiteen, Elighie Wilson, seems contrived. this directive. Kim Pakowski, Chris Blum, Justin Ashton, Tif- In the middle of the night, this woman still The Department of Energy’s policy directive awakens to the imagined cries of her baby, amounts to nothing more than an attack on or- fany Bruce, Aggie Valenti, Bridget Frodyma, Katy Gaby and Kavi Chawla—teachers, and only to clutch a pillow instead. Holidays are ganized labor unions and their members. Not a poignant reminder of her diminished fam- only did the policy directive allow only a scant parents for providing the guidance and support ily, her unwitting contribution to a distant 90 days for the new restrictions to be exe- that helped the speech team achieve this conflict that ignored every mother’s bound- cuted, but no labor unions were consulted on great accomplishment. aries and ended innocence as abruptly as the the proposed policy prior to its promulgation. Once again, congratulations to the Downers life she mourns. Her naivete is six feet under, The Department of Energy failed to clear its Grove South High School Speech Team on too. The flag so gloriously waving in front of policy with the Department of Labor to deter- their state championship. I wish them the best her home also casts a shadow. mine whether it is consistent with the require- of luck in their future endeavors. This Mother’s Day, there are women em- bracing memories rather than their children. ments of the Service Contract Act and the f These mothers fully understand the costs of Davis-Bacon Act. war and wonder if the old generals and poli- Moreover, while this policy sets a significant FALLEN SOLDIERS’ MOTHERS ARE ALSO WAR CASUALTIES ticians who enact them ever walk in a mili- precedent by having one of the largest federal tary cemetery and sob aloud? Do their sons departments prohibiting certain employers and daughters wear our country’s uniform from offering workers the security of defined HON. CHARLES A. GONZALEZ and see active duty? benefit pension plans and comprehensive OF TEXAS Do beribboned chests ever exhale and trem- health coverage, it was not cleared by the Of- IN THE HOUSE OF REPRESENTATIVES ble at the sight of an old woman kneeling at fice of Management and Budget. The Depart- Thursday, May 25, 2006 Arlington, her fingers lovingly touching a ment of Energy should not be driving pension carved name as if it were warm and whis- and health care policy—especially when it Mr. GONZALEZ. Mr. Speaker, I rise today pering back to her? does so without due deliberation and input to share a moving article published on Moth- Maybe it is; maybe that’s why her face is from stakeholders and agencies with expertise er’s Day in the San Antonio Express-News. pressed against the stone so she can once again hear, ‘‘Mama, Mama.’’ on these issues. Since this piece speaks eloquently for itself, I Additionally, the House is currently in the see no reason to add any extra words. f process of crafting a reform of our Nation’s FALLEN SOLDIERS’ MOTHERS ARE ALSO WAR pension system. It is disconcerting that an Ex- CASUALTIES PERSONAL EXPLANATION ecutive agency would undertake a policy di- (By Mary Alice Altorfer) rective that could contravene the actions of ‘‘Mama, Mama,’’ is the universal cry of the the Congress in what should be a legislative dying in battle. Men maimed and broken HON. MARK R. KENNEDY matter. scream for their mothers, who mercifully OF MINNESOTA It is my hope that the House will maintain its can’t hear them. IN THE HOUSE OF REPRESENTATIVES position in opposition to the Department of En- Posthumous medals for valor muffle the ergy in respect to this policy initiative, or any child and honor the warrior, but for a Gold Thursday, May 25, 2006 Star Mother, ribbons and ceremony are as other legislative vehicle that would allow its short-lived as the cherished remains being Mr. KENNEDY of Minnesota. Mr. Speaker, execution as we enter negotiations with the buried. Without being a statistic, she, too, is had I been in Washington yesterday, my votes other body in conference. a casualty of war. Heard in her strangled on the following rollcalls would have been as f weeping are guttural pleas to God to ease the follows: HONORING THE 2006 STATE CHAM- pain of losing a child. For this heartbroken Roll No. 196, Deal Amendment—‘‘yes.’’ woman, a coffin, even one draped in the Roll No. 197, Markey Amendment—‘‘no.’’ PION DOWNERS GROVE SOUTH American flag and carried by white-gloved HIGH SCHOOL SPEECH TEAM Marines, is the grim totality of her forced Roll No. 198, DeLauro Amendment—‘‘yes.’’ enlistment into a war that breached the ref- Roll No. 199, Andrews Amendment—‘‘yes.’’ HON. JUDY BIGGERT uge of home. Roll No. 200, Berkley Amendment—‘‘no.’’ OF ILLINOIS The bomb in this woman’s living room is Roll No. 201, Markey Amendment—‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES the conspicuous absence of her baby. Yes, Roll No. 202, Bishop Amendment—‘‘no.’’ baby, because no matter how old or how long Thursday, May 25, 2006 deceased, the person for whom taps sounded Roll No. 203, Hefley Amendment—‘‘no.’’ Mrs. BIGGERT. Mr. Speaker, it is with great only sleeps in his mother’s heart, naptime Roll No. 204, Flake Amendment—‘‘yes.’’ pleasure that I rise today to congratulate the being eternity. Roll No. 205, Flake Amendment—‘‘yes.’’

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.138 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E1000 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 PERSONAL EXPLANATION zation has stood watch, protecting the public This legislation will set up an independent for the last 100 years. I would like to thank the Office for Veterans Identity Theft Claims to re- HON. SANFORD D. BISHOP, JR. International Fire Marshals Association and its ceive, process, and pay claims in accordance OF GEORGIA membership for the continued quality service with this Act. IN THE HOUSE OF REPRESENTATIVES they provide our community and congratulate I am here today to introduce a bill that will them once again on this milestone. We are ensure that Veterans will be made whole if Thursday, May 25, 2006 truly fortunate to have folks like Ron Farr and they are harmed by this release of information Mr. BISHOP of Georgia. Mr. Speaker, I re- his colleagues in southwest Michigan, dedi- without spending years in court and thousands gret that I was unavoidably absent for a por- cating their lives in the name of public safety. of dollars for lawyers. tion of the House’s proceedings on May 18th f f and all proceedings on May 19th due to very urgent personal family business. HONORING THE MEMORY OF MR. MENTAL HEALTH MONTH Had I been present on May 19, for the four FRED L. MCGHEE votes which occurred during consideration of HON. DANNY K. DAVIS H.R. 5385, Making appropriations for the mili- HON. JO BONNER OF ILLINOIS tary quality of life functions of the Department OF ALABAMA IN THE HOUSE OF REPRESENTATIVES of Defense, military construction, the Depart- IN THE HOUSE OF REPRESENTATIVES Thursday, May 25, 2006 ment of Veterans Affairs, and related agencies Thursday, May 25, 2006 for the fiscal year ending September 30, 2007, Mr. DAVIS of Illinois. Mr. Speaker, I rise and for other purposes: Mr. BONNER. Mr. Speaker, south Alabama today to remind my colleagues that May is I would have voted ‘‘aye;’’ on rollcall vote recently lost a friend, dear not only to the Mental Health Month. I would also like to 176—Final Passage; Poarch Creek Band of Creek Indians but to thank those who have dedicated their lives to I would have voted ‘‘nay’’ on rollcall vote the entire State of Alabama. Today, I rise to mental health care. 175—the Blumenauer Amendment; pay tribute to the memory of Mr. Fred L. Now more than ever, we must commit our- I would have voted ‘‘nay’’ on rollcall vote McGhee. selves to full mental health parity. Nearly 30 174—the Rule on H.R. 5385; Elected first as chairman of the Poarch million Americans suffer from mental health I would have voted ‘‘nay’’ on rollcall vote Band of Creek Indians at the age of 50 in disorders and more than 1 in 5 Americans will 173—ordering the ‘‘Previous Question’’—(Rule 2000, Fred served honorably and respectably, experience a mental health disorder in their on H.R. 5385). bringing cohesion to the Poarch Creek com- lifetimes. Many millions suffer from serious, And, Mr. Speaker, had I been present on munity and the surrounding city of Atmore. debilitating, and life altering mental disorders May 18, for the final five votes which occurred Fred grew up in the close-knit Poarch Creek such as Alzheimer’s and schizophrenia. Nearly during consideration of H.R. 5386, Making ap- community in south Alabama and attended the every American has friends and relatives that propriations for the Department of the Interior, Poarch Consolidated Indian School where his cope with such disorders. environment, and related agencies for the fis- initial love for Native American culture began Mental health professionals not only help cal year ending September 30, 2007, and for to germinate. He devoted his time to the in- people with organic mental health disorders, other purposes: tense study of Indian culture as well as his- but also help people recovering from traumatic I would have voted ‘‘aye;’’ on rollcall vote toric preservation. Coupled with his previous and life changing experiences. Over the last 172—Final Passage—H.R. 5386; experience in leading the nine-member Tribal few years, Americans have experienced the I would have voted ‘‘nay’’ on rollcall vote Council, he was the natural fit to be chairman. trauma of a major terrorist attack and two 171—the Hefley Colorado Amendment; Mr. Speaker, I ask that my colleagues join wars overseas. Tens of thousands of families I would have voted ‘‘nay’’ on rollcall vote me today in recognizing this beloved member have experienced firsthand the loss or serious 170—the Putnam of Florida Amendment; of the Poarch Band of Creek Indians. Fred will injury of a loved one. Tens of thousands of I would have voted ‘‘aye’’ on rollcall vote be greatly missed by his eight sisters; three soldiers who have sustained serious injuries 169—the Oberstar of Minnesota Amendment; sons, Greg McGhee of Atmore, Joe McGhee will need assistance adjusting to a life far dif- I would have voted ‘‘aye’’ on rollcall vote and Fred Lee McGhee, both of Pensacola, ferent than they left. Thousands of American 168—the Chabot of Ohio Amendment. Florida; two daughters, Tracy McGhee and soldiers will return home in need of mental f Cierra McGhee, both of Atmore; four grand- health services related to their combat experi- children; and friends that he leaves behind. ences. CONGRATULATING INTER- Our thoughts and prayers are with them all I hope that the Committee on Education and NATIONAL FIRE MARSHALS AS- during this difficult time. the Workforce will continue to work to ensure SOCIATION f that the mental health needs of the elderly are met as we reauthorize the Older Americans HON. FRED UPTON ON THE VETERANS IDENTITY Act. The elderly are the most vulnerable to PROTECTION (VIP) ACT OF MICHIGAN mental health disorders and elderly men are IN THE HOUSE OF REPRESENTATIVES the demographic most to likely commit suicide. Specifically, I want to ensure that senior citi- Thursday, May 25, 2006 HON. HEATHER WILSON OF NEW MEXICO zens have access to mental health services in Mr. UPTON. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES their community or in the same place that they recognize and congratulate the members of Thursday, May 25, 2006 receive primary health care services. I am the International Fire Marshals Association pleased that we are beginning to make some (IFMA), who will be celebrating their 100th an- Mrs. WILSON of New Mexico. Mr. Speaker, headway on this important issue. niversary on June 6. I particularly would like to I introduce the Veterans Identity Protection f commend Ron Farr, Past President of IFMA (VIP) Act. and current Fire Chief and Fire Marshall for On May 3, 2006, a personally-owned com- HONORING THE IMMORTAL FOUR the Kalamazoo Township Fire Department. I puter was stolen from the home of a VA em- CHAPLAINS OF THE USS (USAT) applaud Ron and his courageous colleagues ployee. The stolen files contained information ‘‘DORCHESTER’’ for their tireless efforts to keep our community that included the names, birth dates, and so- safe. cial security numbers of 26.5 million veterans. HON. ERIC CANTOR Since it was formed in 1906, the men and This represents data from every military vet- OF VIRGINIA women of the International Fire Marshals As- eran discharged since 1975. IN THE HOUSE OF REPRESENTATIVES sociation have dedicated themselves to saving This legislation will ensure that our veterans the lives, homes, and properties of folks are made whole as a result of any damages Thursday, May 25, 2006 throughout our great Nation. Today, the Asso- suffered by a veteran as a result of this theft. Mr. CANTOR. Mr. Speaker, sacrifice is a ciation has over 1,800 members representing The VA’s mission is to serve and honor our common virtue of the U.S. Armed Forces and over 20 nations and we are truly grateful for Nation’s veterans. We must do more than just this Memorial Day we will pause to honor our their service here in southwest Michigan. provide a call center and put the burden on fallen men and women in uniform. Throughout There is nothing more important to us than our veterans to deal with the consequences of history, members of the Armed Forces have the safety of our loved ones, and this organi- this blunder. lost their lives to preserve our freedoms. Sixty-

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.143 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS May 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1001 three years ago, Father John Washington, where he wasn’t sure if he could complete the culture Appropriations Act of 2007, on May 23, Reverend Clark Poling, Rabbi Alexander training. During one particularly difficult train- 2006, I inadvertently voted in favor of an Goode and Reverend George Fox died aboard ing task, Jim put his arm around his classmate amendment, H. Amdt. 895, offered by Rep- the USS (USAT) Dorchester on February 3, and told him ‘‘You know what, it’s gonna be all resentative BLUMENAUER. 1943, as a result of a torpedo attack by a Ger- right.’’ That classmate found strength in Jim’s It was my intention to vote in opposition to man U-Boat. words and managed to complete officer train- the amendment. My true intention was to vote In the mayhem after the attack, the Four ing school. He went on to become Cmdr. Sam ‘‘no.’’ Chaplains provided comfort to fallen soldiers Creech, who is now the operations officer at f and handed out life vests to the survivors. Jim’s old base, Coast Guard Air Station Tra- After the life vests ran out, they removed their verse City. ENERGY AND WATER DEVELOP- own life vests, gave them to needy soldiers, After 20 years of combined service in the MENT APPROPRIATIONS ACT, and stood arm-in-arm together praying for the Navy and Coast Guard, Jim and his family 2007 comfort of the soldiers. Eighteen minutes after moved back home to Menominee where they the attack, the USS (USAT) Dorchester sunk could be near their extended family and build SPEECH OF with the Four Chaplains aboard. John Koenig, their dream home. Jim, his wife Gina, their HON. MARIO DIAZ-BALART a resident of the 7th District of Virginia wrote sons, Jim III and Luke, and their daughter, OF FLORIDA of their sacrifice in a letter saying ‘‘By putting Vanessa, worked together on construction of IN THE HOUSE OF REPRESENTATIVES others in front of themselves without regard to their home overlooking the waters of Green race, creed, or color, thus in making the ulti- Bay. They put a lot of sweat and love into the Wednesday, May 24, 2006 mate sacrifice costing each his life so that oth- home. The House in Committee of the Whole ers might live, they exemplified the finest in Jim worked for a while as a contract em- House on the State of the Union has under saintly virtues.’’ ployee for the Navy at the Marinette Marine consideration the bill (H.R. 5427), making ap- On behalf of the Episcopal Church of the shipyard, just across the Michigan/Wisconsin propriations for energy and water develop- Redeemer in Midlothian, Virginia, and the fol- border from Menominee. However, Jim want- ment for the fiscal year ending September 30, 2007, and for other purposes: lowing members of the vestry: Alison ed to continue to fly helicopters. In the sum- Althouse—Senior Warden; Margaret Stevens mer of 2004 he landed a job with County Res- Mr. MARIO DIAZ-BALART of Florida. Mr. —Registrar; Reverend Stephen Cowardin— cue flying Eagle III, an emergency air and Chairman, I rise today to thank the chairman Rector; Reverend Kathryn Jenkins; Rose ground transportation program, which provides and staff of the Energy and Water Appropria- O’Toole; Stewart Dendtler; Leonard Vance; Critical Care level treatments during rapid tions Subcommittee for their continued support John Flikeid; Jo Anne Simpkins; Matthew transport of critically ill or injured patients. The of the Florida Everglades FY07 Energy and Whitworth; Betsy Collins; Lois Thompson; job was just outside Green Bay, Wisconsin, Water Appropriations bill. Stefani Ross; Jennifer Wester; and William which required days away from home. Jim This legislation includes funding for the White, I am honored to recognize the sac- found the job very rewarding and by all ac- Army Corp of Engineers to proceed with Ever- rifices of the Immortal Four Chaplains of the counts, he quickly earned the respect and ad- glades Restoration, which will ensure natural USS (USAT) Dorchester. miration of his peers. While he was serious water flows continue through Everglades Na- f about his job, he also had a great sense of tional Park. humor—often playing pranks on co-workers. The Florida Everglades is a unique and pre- TRIBUTE TO JAMES J. VINCENT, Mr. Speaker, for anyone who works in the cious ecosystem that must be preserved for JR. military there are significant sacrifices that future generations. Everglades Restoration is their families make in terms of time away from an invaluable investment that will ensure the HON. BART STUPAK the family. While Jim did need to spend time Everglades is restored and protected. OF MICHIGAN away from his family throughout his career, he I am pleased that the chairman included IN THE HOUSE OF REPRESENTATIVES always had a deep love for his family. Jim had $164 million for Everglades Restoration, which is so critical to ensuring continuation of this Thursday, May 25, 2006 a strong faith in God and was an active member of Holy Redeemer Catholic Church. He vital project. Just last week, the Interior Appro- Mr. STUPAK. Mr. Speaker, I rise today to and Gina believe in the power of God. In Feb- priations bill included an additional $69 million pay tribute to a man of honor, faith, family, ruary they attended a conference put on by for Restoration. The funding provided in the and selfless service. On April 13, James (Jim) Father John Corapi and Jim was fond of Fa- Interior bill, combined with that in the Energy J. Vincent, Jr. lost his life when the County ther Corapi’s teachings. Now, as Gina, Jim III, and Water bill, will together provide a total of Rescue helicopter he was piloting had a cata- Luke, and Vanessa struggle to move forward $233 million to allow restoration to move for- strophic failure. with their lives, they have turned to God for ward. Jim Vincent was a native of my home town strength and comfort, With this strong faith, I thank my colleagues from Florida for their of Menominee, Michigan. Jim excelled at high support from family and friends, and with time, continued support of the Florida Everglades school sports and developed discipline, lead- I am confident that they will find the strength and Restoration funding. Additionally, I would ership, and respect at an early age. He en- to persevere. like to thank the Governor of Florida for his listed in the United States Navy, where he As we commemorate this Memorial Day, I steadfast support of Everglades Restoration. spent 6 years serving his country. Wanting to am reminded of a beautiful sunny summer day Floridians understand the great benefit the Ev- become a pilot, he joined the United States in Traverse City when Jim Vincent walked erglades provide not just to our ecological di- Coast Guard, received world-class training, across the Coast Guard hanger to greet a vet- versity, but also to our economy, which is so and began flying search and rescue missions. eran who was seated awaiting the start of a dependent upon tourism and ecotourism. I had the pleasure of working with Jim when program. As Jim approached the veteran, he On behalf of myself, and the residents of he moved to Traverse City, Michigan, and was reached out to shake the man’s hand and sim- southern florida I am so proud to represent, I based out of the Coast Guard Air Station Tra- ply said, ‘‘Sir, thank you for your service to our thank the chairman for his support of this verse City. On a couple of occasions I flew country.’’ The veteran’s eyes welled with tears funding. with Jim. His skills as a pilot were impeccable. as he replied, ‘‘You’re welcome,’’ So as I con- f He took his job seriously, and Jim was the clude Mr. Speaker let me simply say ‘‘Jim, PAYING TRIBUTE TO VERNON AND consummate professional. He had an ability to thank you for your service to our country.’’ relate and work well with officers, enlisted DARLENE BURK f men, and civilians. He treated everyone with respect and was always willing to lend a hand. PERSONAL EXPLANATION HON. JON C. PORTER There are countless stories of Jim helping OF NEVADA others with everything from re-wiring their HON. LORETTA SANCHEZ IN THE HOUSE OF REPRESENTATIVES homes, to work at the local American Legion, OF CALIFORNIA Thursday, May 25, 2006 to helping friends pack up and move during IN THE HOUSE OF REPRESENTATIVES relocation for work. One of the more touching Mr. PORTER. Mr. Speaker, I rise today to stories about Jim was told by a fellow Coast Thursday, May 25, 2006 honor Vernon and Darlene Burk for their 55 Guardsman who went through officer training Ms. LORETTA SANCHEZ of California. Mr. years of marriage and for their service to the school with him. This cadet was at a point Speaker, during consideration of the Agri- Boulder City community.

VerDate Aug 31 2005 02:32 May 27, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.148 E26MYPT1 jcorcoran on PROD1PC62 with REMARKS E1002 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2006 Their 55 years of marriage exemplify a lov- by grape workers to try and gain the first wage goals, and I am proud of you. The skills you ing relationship. They both are hard-working, increase in 8 years. The UFW-supported 1992 have learned and the discipline you have de- generous, compassionate, resourceful, wise grape worker walkout was a part of the largest veloped will benefit you greatly. and are outstanding role models for their four vineyard demonstrations since 1973 in the I am honored to represent you in the United children, Dianna, Karen, Jackie, and Michael Coachella and San Joaquin valleys. The UFW States House of Representatives, and on be- and six grandchildren. organized thousands of workers at dozens of half of all the residents of California’s 9th U.S. Vernon and Darlene’s exceptional character ranches to participate in the walkouts. Those Congressional District, I again salute you on is evident in their professional lives as well. efforts produced an industry-wide pay raise. your exemplary academic performance. I am Vern served the Clark County School District Rodriguez became UFW president in May confident that in the years to come you will for 30 years, retiring as the Associate Super- 1993, shortly after Cesar Chavez’ death. continue your record of service and success, intendent of Facilities and Transportation. He Rodriguez recruited 10,000 new farmworkers and I wish you the very best in all of your fu- now serves on the Boulder City Hospital as associate union members in the year after ture endeavors. Board. As a small business owner, Darlene he assumed the UFW presidency. On the first f ran the Burk Fine Arts Gallery for 25 years. anniversary of the Chavez’ passing, Rodriguez SUN WALL Darlene not only participated in the Boulder led a 343-mile Delano-to-Sacramento march City Chamber of Commerce, she also served retracing the steps of an historic trek by Cha- as President. During her time with the Cham- vez in 1966. Since then, the UFW has won HON. JAMES L. OBERSTAR ber of Commerce, she was instrumental in over 20 union elections and signed over 20 OF MINNESOTA creating the Old Town Merchants Association new, or first-time, contracts with growers. IN THE HOUSE OF REPRESENTATIVES and was named ‘‘Woman of the Year.’’ Farm workers under most UFW contracts at Thursday, May 25, 2006 Both Vernon and Darlene are extremely ac- mushroom, rose, citrus, strawberry, wine tive in Bethany Baptist Church, where Vernon grape and vegetable companies enjoy decent Mr. OBERSTAR. Mr. Speaker, today I have is on the Board of Elders and Darlene had pay, complete family medical care, job secu- introduced a bill to direct the administrator of served as treasurer. Five years ago, the Burk rity, paid holidays and vacations, pensions and General Services to install a photovoltaic sys- Horizon Academy, an alternative high school a host of other benefits. Unfortunately, the ma- tem, known as the ‘‘Sun Wall’’ on the head- in Las Vegas, was named in their honor. They jority of farm workers in California and the rest quarters building of the Department of Energy. also managed the renovation of the Boulder of the nation still have none of these protec- There is no more appropriate Federal building City Dam Hotel, a historic landmark and place tions. Arturo Rodriguez continues to advocate with which to demonstrate the power and to be for the rich and famous during the for federal legislation that would allow undocu- promise of photovoltaics than the Department 1930s. mented farm workers and their family mem- of Energy headquarters building, known as the Mr. Speaker, I am honored to recognize bers to earn legal status by working in agri- Forrestal Building, located in Washington, DC. Photovoltaics reduce the consumption of Vernon and Darlene Burk on the floor of the culture. fossil fuels and offer distinct advantages over United States House of Representatives. They Rodriguez lives at the UFW’s national head- diesel generators and primary batteries. are very good, personal friends of mine, and quarters at La Paz in Keene, Calif. He has Photovoltaics are highly efficient and have no I thank them for their continued service to the three children, Olivia, Julia and Arthur IV, plus moving parts, so the need for maintenance is State of Nevada. two grandchildren, Isabella and Sofia. I ask virtually nonexistent. Over 25 Federal build- f my colleagues to join with me in honoring Artie for his commitment to farmworkers and ings throughout the country, from Boston, MA, RECOGNIZING ARTURO S. their families throughout our Nation. to San Francisco, CA, already use RODRIGUEZ photovoltaics to great effect. f Located in our Nation’s Capital, the Sun HON. HILDA L. SOLIS HONORING THE AFRICAN AMER- Wall project will serve as a model for the entire country. The design for the Sun Wall OF CALIFORNIA ICAN EDUCATION TASK FORCE project has already been selected after an IN THE HOUSE OF REPRESENTATIVES HON. BARBARA LEE open competition. It is an attractive and en- Thursday, May 25, 2006 ergy efficient design that can generate a max- OF CALIFORNIA imum of 200 kW of electricity and includes a Ms. SOLIS. Mr. Speaker, I rise today, along IN THE HOUSE OF REPRESENTATIVES with my colleague from California, Mr. BER- solar thermal installation for hot water and hot MAN, to pay tribute to Arturo S. Rodriguez, Thursday, May 25, 2006 air. The Sun Wall would be the largest build- president of the United Farmworkers of Amer- Ms. LEE. Mr. Speaker, I rise today to honor ing-integrated solar energy system on any ica, a longtime advocate for the rights of work- the African American Task Force for its clear Federal building in the country. All that is left ers and working families. record of success in encouraging and ac- to do is to provide the funding needed to pur- Rodriguez was born and raised in San Anto- knowledging academic achievement by African chase and install the proper equipment. nio, Texas, and earned a bachelor’s degree American youth in Oakland, California. Mr. Speaker, an identical provision to this from St. Mary’s University in 1971 and a mas- This month, the African American Education bill was enacted as part of the Energy Policy ter’s degree in social work in 1973 from the Task Force Held its Fifth Annual Awards Cele- Act of 2005, Public Law 109–58, last August. University of Michigan at Ann Arbor. bration at the ACTS Full Gospel Church in While the bill authorized funding for fiscal year Rodriguez learned of the farmworker move- Oakland. At this celebration, almost 1,200 Afri- 2006, no funding was appropriated for that ment and Cesar Chavez in 1966 from his par- can American students from the 8th through year. This bill offers the same language as ish priest, and became active with the farm- 12th grades were honored for attaining grade was included in that act, but allows funding to worker movement as a college student. He point averages of 3.00 or above for the 2005– be appropriated in fiscal year 2007. first met Cesar Chavez in 1973, and soon 2006 school year. f after married Chavez’ daughter, Linda. These outstanding young people’s accom- PALESTINIAN ANTI-TERRORISM Throughout the 1970s, Rodriguez worked plishments are especially remarkable in light ACT OF 2006 with United Farm Workers to push for farm of the great budgetary challenges faced by the worker rights, including the pioneering Agricul- State of California and the Oakland schools. I SPEECH OF tural Labor Relations Act, which passed the want to commend each and every student HON. BARBARA LEE California State Legislature in 1975. Rodriguez being honored for this outstanding accomplish- OF CALIFORNIA helped organize union representation elections ment for understanding the importance of IN THE HOUSE OF REPRESENTATIVES throughout California, from the Salinas Valley staying in school and the responsibility each to the Imperial Valley on the Mexican border individual has to take advantage of the edu- Monday, May 22, 2006 to Ventura County citrus orchards. By fall cational opportunities available to him or her. Ms. LEE. Mr. Speaker, today, the House 1979, Rodriguez was directing a UFW lettuce By continuing to be the best students you can considers H.R. 4681, legislation that I’m sad to boycott in Michigan. be and completing your education, you will say is both overbroad in its reach and misses Throughout the 1980s and early 1990s, have more opportunity to achieve your per- the mark by penalizing the Palestinian people Rodriguez was directly involved with renewed sonal goals and our shared goal of world without compelling Hamas to abandon its anti- grape boycotts, involving pressure on busi- peace. Your accomplishments represent your Israeli rhetoric, its rejectionist policies and its ness, a public fast by Chavez, and walkouts dedication and commitment to achieving your support for terror and violence.

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its assumption of power as the governing not at the expense of average Palestinians, SPEECH OF party of the Palestinian Authority, has been which is the end result of this legislation. clear: Among other things, this legislation obstructs a HON. DAVID L. HOBSON Hamas must recognize Israel; return to negotiations by imposing an impos- OF OHIO Hamas must renounce violence and ter- sible-to-achieve Presidential certification proc- IN THE HOUSE OF REPRESENTATIVES rorism; ess. This legislation undermines U.S. national Hamas must abide by previous peace security interests by eliminating the Presi- Wednesday, May 24, 2006 agreements, like the Oslo accord, and act in dent’s authority to waive sanctions in the inter- The House in Committee of the Whole accordance with the Roadmap; and ests of national security. This legislation re- House on the State of the Union had under Hamas must return the Palestinians to the stricts U.S. diplomacy with moderate Palestin- consideration the bill (H.R 5427), making ap- negotiating table with Israel, and reach the ians by failing to distinguish between those in propriations for energy and water develop- mutually agreeable peace agreement that is government and other political leaders and ac- ment for the fiscal year ending September 30, called for in the Roadmap and the earlier tivists who are not affiliated with Hamas and 2007, and for other purposes: agreements. have rejected terror, recognized Israel, and Mr. HOBSON. Mr. Chairman, under general This is Hamas’s responsibility of govern- support a two-state solution. These are a few leave for H.R. 5427, the Energy and Water ance. I believe the United States should do of the important reasons this legislation needs Development Appropriations bill for fiscal year everything that it can to both insist upon and to be rewritten. 2007, I submit the following table:

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HIGHLIGHTS Senate agreed to H. Con. Res. 418, Adjournment Resolution. Senate confirmed sundry nominations. Senate Constitution of the United States relating to mar- Chamber Action riage. Pages S5393–94 Routine Proceedings, pages S5303–S5400 A unanimous-consent agreement was reached pro- Measures Introduced: One hundred nine bills and viding for further consideration of the motion to four resolutions were introduced, as follows: S. proceed to consideration of the joint resolution at 2 3241–3349, S.J. Res. 38, and S. Res. 496–498. p.m., on Monday, June 5, 2006. Page S5394 Pages S5341–43 Nomination—Agreement: A unanimous-consent- Measures Passed: time agreement was reached providing that at 10:05 a.m., on Tuesday, June 6, 2006, Senate begin con- Adjournment Resolution: Senate agreed to H. sideration of Renee Marie Bumb, to be United States Con. Res. 418, providing for a conditional adjourn- District Judge for the District of New Jersey, with ment of the House of Representatives and a condi- 10 minutes of debate, followed by a vote on con- tional recess or adjournment of the Senate. firmation of the nomination. Page S5394 Page S5394 Signing Authority—Agreement: A unanimous- Oklahoma VA Medical Center: Committee on consent agreement was reached providing that dur- Veterans Affairs was discharged from further consid- ing the adjournment of the Senate, the Majority eration of H.R. 3829, to designate the Department Leader and Senator Warner, be authorized to sign of Veterans Affairs Medical Center in Muskogee, duly enrolled bills or joint resolutions. Page S5398 Oklahoma, as the Jack C. Montgomery Department Appointments Authority—Agreement: A unani- of Veterans Affairs Medical Center, and the bill was mous-consent agreement was reached providing that then passed, clearing the measure for the President. notwithstanding the upcoming adjournment of the Page S5394 Senate, the President of the Senate, the President Pro Civilian Operational Readiness: Senate passed S. Tempore, and the Majority and Minority Leaders be 3322, to build operational readiness in civilian agen- authorized to make appointments to commissions, cies. Pages S5394–97 committees, boards, conferences, or interparliamen- Kansas City Kansas Community College Debate tary conferences authorized by law, by concurrent action of the two Houses, or by order of the Senate. Team Championship: Senate agreed to S. Res. 496, commending the Kansas City Kansas Community Page S5398 College Debate Team for their National Champion- Nominations Confirmed: Senate confirmed the fol- ship victories. Page S5397 lowing nominations: By 57 yeas 36 nays (Vote No. EX. 159), Brett M. Relative to Death of Judge Edward Roy Becker: Kavanaugh, of Maryland, to be United States Circuit Senate agreed to S. Res. 497, relative to the death Judge for the District of Columbia Circuit. of Edward Roy Becker, Chief Judge of the Court of Pages S5303–11 Appeals for the 3rd Circuit. Pages S5397–98 By 78 yeas 15 nays (Vote No. EX. 160), General Marriage Protection Amendment: Senate began Michael V. Hayden, United States Air Force, to be consideration of the motion to proceed to consider- Director of the Central Intelligence Agency. ation of S.J. Res. 1, proposing an amendment to the Pages S5311–18 D567

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General Michael V. Hayden, USAF, for appoint- Susan Davis Wigenton, of New Jersey, to be ment in the United States Air Force to the grade in- United States District Judge for the District of New dicated while assigned to a position of importance Jersey. and responsibility under title 10, U.S.C., section Rajkumar Chellaraj, of Texas, to be an Assistant 601, to be General. Page S5319 Secretary of State (Administration). Dirk Kempthorne, of Idaho, to be Secretary of the W. Ralph Basham, of Virginia, to be Commis- Interior. (Prior to confirmation of the nomination, sioner of Customs, Department of Homeland Secu- by 85 yeas to 8 nays (Vote No. 161), three-fifths of rity. those Senators duly chosen and sworn, having voted Armando J. Bucelo, Jr., of Florida, to be a Direc- in the affirmative, Senate agreed to the motion to tor of the Securities Investor Protection Corporation close further debate on the nomination.) for a term expiring December 31, 2008. Pages S5319–22 Todd S. Farha, of Florida, to be a Director of the Gregory B. Jaczko, of the District of Columbia, to Securities Investor Protection Corporation for the re- be a Member of the Nuclear Regulatory Commission mainder of the term expiring December 31, 2006. for the term of five years expiring June 30, 2008. Todd S. Farha, of Florida, to be a Director of the William Hardiman, of Michigan, to be a Member Securities Investor Protection Corporation for a term of the Board of Directors of the National Institute expiring December 31, 2009. of Building Sciences for a term expiring September Robert M. McDowell, of Virginia, to be a Mem- 7, 2006. ber of the Federal Communications Commission for Gregory B. Jaczko, of the District of Columbia, to a term of five years from July 1, 2004. be a Member of the Nuclear Regulatory Commission for the term of five years expiring June 30, 2008 Patricia P. Brister, of Louisiana, for the rank of (Recess Appointment). Ambassador during her tenure of service as the Rep- Peter B. Lyons, of Virginia, to be a Member of resentative of the United States of America on the the Nuclear Regulatory Commission for the term of Commission on the Status of Women of the Eco- five years expiring June 30, 2009 (Recess Appoint- nomic and Social Council of the United Nations. ment). Robert Irwin Cusick, Jr., of Kentucky, to be Di- Edward F. Sproat III, of Pennsylvania, to be Di- rector of the Office of Government Ethics for a term rector of the Office of Civilian Radioactive Waste of five years. Management, Department of Energy. John W. Cox, of Texas, to be Chief Financial Of- Duane Acklie, of Nebraska, to be an Alternate ficer, Department of Housing and Urban Develop- Representative of the United States of America to ment. the Sixtieth Session of the General Assembly of the Robert F. Godec, of Virginia, to be Ambassador United Nations. to the Republic of Tunisia. Goli Ameri, of Oregon, to be a Representative of Richard Capka, of Pennsylvania, to be Adminis- the United States of America to the Sixtieth Session trator of the Federal Highway Administration. of the General Assembly of the United Nations. Warren W. Tichenor, of Texas, to be Representa- Robert C. O’Brien, of California, to be an Alter- tive of the United States of America to the Office nate Representative of the United States of America of the United Nations and Other International Orga- to the Sixtieth Session of the General Assembly of nizations in Geneva, with the rank of Ambassador. the United Nations. Mark C. Minton, of Florida, to be Ambassador to Raymond L. Orbach, of California, to be Under Mongolia. Secretary for Science, Department of Energy. Michael D. Kirby, of Virginia, to be Ambassador Roger Shane Karr, of the District of Columbia, to to the Republic of Moldova. be an Assistant Secretary of Transportation. Gary D. Orton, of Nevada, to be United States Tyler D. Duvall, of Virginia, to be an Assistant Marshal for the District of Nevada for the term of Secretary of Transportation. four years. Nicole R. Nason, of Virginia, to be Administrator Lisa Bobbie Schreiber Hughes, of Pennsylvania, to of the National Highway Traffic Safety Administra- be Ambassador to the Republic of Suriname. tion. David M. Robinson, of Connecticut, to be Ambas- David L. Norquist, of Virginia, to be Chief Finan- sador to the Co-operative Republic of Guyana. cial Officer, Department of Homeland Security. John A. Cloud, Jr., of Virginia, to be Ambassador Thomas J. Barrett, of Alaska, to be Administrator to the Republic of Lithuania. of the Pipeline and Hazardous Materials Safety Ad- Lurita Alexis Doan, of Virginia, to be Adminis- ministration, Department of Transportation. trator of General Services.

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R. David Paulison, of Florida, to be Under Sec- Routine lists in the Coast Guard (Prior to this ac- retary for Federal Emergency Management, Depart- tion, Committee on Commerce, Science, and Trans- ment of Homeland Security. portation was discharged from further consideration Daniel S. Sullivan, of Alaska, to be an Assistant of the nominations.) Page S5400 Secretary of State (Economic and Business Affairs). Messages From the House: Page S5340 Robert S. Ford, of Maryland, to be Ambassador to the People’s Democratic Republic of Algeria. Measures Placed on Calendar: Page S5340 Anne E. Derse, of Maryland, to be Ambassador to Measures Read First Time: Page S5340 the Republic of Azerbaijan. Erik C. Peterson, of Wisconsin, to be United Executive Communications: Pages S5340–41 States Attorney for the Western District of Wis- Additional Cosponsors: Pages S5343–44 consin for the term of four years. Statements on Introduced Bills/Resolutions: April H. Foley, of New York, to be Ambassador Pages S5344–93 to the Republic of Hungary. Tracey Ann Jacobson, of the District of Columbia, Additional Statements: Pages S5338–40 to be Ambassador to the Republic of Tajikistan. Notices of Hearings/Meetings: Page S5393 Robert J. Portman, of Ohio, to be Director of the Record Votes: Three record votes were taken today. Office of Management and Budget. Robert Anthony Bradtke, of Maryland, to be Am- (Total—161) Pages S5311, S5318, S5319 bassador to the Republic of Croatia. Adjournment: Senate convened at 8:45 a.m. and, Dale Klein, of Texas, to be a Member of the Nu- pursuant to the provisions of H. Con. Res 418, ad- clear Regulatory Commission for the term of five journed at 3:03 p.m., until 2 p.m., on Monday, June years expiring June 30, 2011. 5, 2006. (For Senate’s program, see the remarks of William B. Taylor, Jr., of Virginia, to be Ambas- the Majority Leader in today’s Record on pages sador to Ukraine. S5399–S5400.) Michael Wood, of the District of Columbia, to be Ambassador to Sweden. Routine lists in the Foreign Service and National Committee Meetings Oceanic and Atmospheric Administration. No committee meetings were held. h House of Representatives versity School of Law; and Jonathon Turley, Pro- Chamber Action fessor, George Washington School of Law. The House was not in session today. It is scheduled to meet at 2 p.m. Tuesday, June 6th. f Committee Meetings NEW PUBLIC LAWS (For last listing of Public Laws, see DAILY DIGEST, p. D 515) MEDIA’S LEAKS OF CLASSIFIED S. 1165, to provide for the expansion of the James INFORMATION Campbell National Wildlife Refuge, Honolulu Permanent Select Committee on Intelligence: Held a hear- County, Hawaii. Signed on May 25, 2006. (Public ing on Media’s Role and Responsibilities on Leaks of Law 109–225) Classified Information. Testimony was heard from S. 1869, to reauthorize the Coastal Barrier Re- Gabriel Schoenfeld, Senior Editor, Commentary mag- sources Act. Signed on May 25, 2006. (Public Law azine; Walter Isaacson, President and CEO, Aspen 109–226) Institute; John C. Eastman, Professor, Chapman Uni-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPESENTATIVES 2 p.m., Monday, June 5 2 p.m., Tuesday, June 6

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Tuesday: To be announced. of the motion to proceed to consideration of S.J. Res. 1, Marriage Protection Amendment.

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E965, E967, E992 Norton, Eleanor Holmes, D.C., E990 Graves, Sam, Mo., E965, E966, E967, E967, E968, E970, Oberstar, James L., Minn., E1002 Aderholt, Robert B., Ala., E969 E972, E973, E974, E974 Ortiz, Solomon P., Tex., E981 Baldwin, Tammy, Wisc., E988 Grijalva, Rau´ l M., Ariz., E976 Otter, C.L. ‘‘Butch’’, Idaho, E972 Becerra, Xavier, Calif., E972 Harman, Jane, Calif., E988, E998 Pallone, Frank, Jr., N.J., E985 Berry, Marion, Ark., E973 Hensarling, Jeb, Tex., E993 Payne, Donald M., N.J., E996 Biggert, Judy, Ill., E998, E999 Higgins, Brian, N.Y., E982 Pelosi, Nancy, Calif., E995 Bishop, Sanford D., Jr., Ga., E987, E1000 Hobson, David L., Ohio, E1003 Petri, Thomas E., Wisc., E979 Bonner, Jo, Ala., E1000 Holt, Rush D., N.J., E970 Pombo, Richard W., Calif., E979 Brady, Kevin, Tex., E972 Inslee, Jay, Wash., E974, E996 Porter, Jon C., Nev., E975, E993, E1001 Brown, Corrine, Fla., E992 Israel, Steve, N.Y., E978 Rangel, Charles B., N.Y., E975, E994 Burgess, Michael C., Tex., E987 Issa, Darrell E., Calif., E978 Ros-Lehtinen, Ileana, Fla., E973 Cantor, Eric, Va., E1000 Johnson, Eddie Bernice, Tex., E979, E979 Ruppersberger, C.A. Dutch, Md., E983, E985, E986, Chocola, Chris, Ind., E968 Kennedy, Mark R., Minn., E999 E987, E990, E992 Christensen, Donna M., The Virgin Islands, E966, Kolbe, Jim, Ariz., E991 Sanchez, Loretta, Calif., E1001 E968 Kucinich, Dennis J., Ohio, E980 Sherman, Brad, Calif., E981 Clyburn, James E., S.C., E984, E990 Lantos, Tom, Calif., E983 Shimkus, John, Ill., E968 Coble, Howard, N.C., E987 Larson, John B., Conn., E980 Simmons, Rob, Conn., E969 Cuellar, Henry, Tex., E977 Lee, Barbara, Calif., E981, E997, E1002, E1002 Smith, Christopher H., N.J., E991 Cummings, Elijah E., Md., E993, E996 Linder, John, Ga., E975 Solis, Hilda L., Calif., E1002 Davis, Danny K., Ill., E1000 Lipinski, Daniel, Ill., E976 Stark, Fortney Pete, Calif., E995 Davis, Susan A., Calif., E989 Lofgren, Zoe, Calif., E971 Stupak, Bart, Mich., E1001 Diaz-Balart, Lincoln, Fla., E965, E967 Lungren, Daniel E., Calif., E975 Thompson, Bennie G., Miss., E973 Diaz-Balart, Mario, Fla., E1001 McCarthy, Carolyn, N.Y., E975 Thompson, Mike, Calif., E974 Ehlers, Vernon J., Mich., E965, E967, E986 McCollum, Betty, Minn., E986 Udall, Mark, Colo., E966, E968, E984 Emanuel, Rahm, Ill., E997 McCaul, Michael T., Tex., E978 Udall, Tom, N.M., E977 Evans, Lane, Ill., E994 Maloney, Carolyn B., N.Y., E993 Upton, Fred, Mich., E1000 Farr, Sam, Calif., E974, E976 Meek, Kendrick B., Fla., E984, E985 Van Hollen, Chris, Md., E977 Fattah, Chaka, Pa., E982 Meeks, Gregory W., N.Y., E986 Walsh, James T., N.Y., E966 Fitzpatrick, Michael G., Pa., E998, E999 Miller, George, Calif., E977 Waxman, Henry A., Calif., E978, E997 Gerlach, Jim, Pa., E979 Miller, Jeff, Fla., E991 Wexler, Robert, Fla., E995 Gonzalez, Charles A., Tex., E999 Moore, Dennis, Kans., E980 Wilson, Heather, N.M., E1000

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