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

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

Vol. 151 WASHINGTON, FRIDAY, JULY 22, 2005 No. 101 House of Representatives The House met at 9 a.m. H.R. 3268, EMINENT DOMAIN TAX ing the information about Plame’s CIA The Chaplain, the Reverend Daniel P. RELIEF ACT OF 2005 ties also included a giant ‘‘S’’ on it, Coughlin, offered the following prayer: (Mr. GINGREY asked and was given meaning that the information was se- The summer sun throws its intensity permission to address the House for 1 cret. upon us, O Lord, with free abandon. minute and to revise and extend his re- For 2 weeks now, some Republicans The growth of the Earth responds marks.) have said that Rove did nothing wrong readily to its heat; but the tempera- Mr. GINGREY. Mr. Speaker, I rise because the information leaked to the ture of the human body is just enough today in support of H.R. 3268, the Emi- reporters was not confidential. Well, to keep us healthy. nent Domain Tax Relief Act of 2005. I now we know that is simply not true Cool tempers and agitation, Lord, introduced this bill to ensure tax fair- and the giant ‘‘S’’ on the State Depart- with the gentle breeze of Your spirit. ness for all who lose any type of prop- ment document proves it. It is now Help the Members of Congress today erty through eminent domain. No clear the information Rove leaked to in their deliberations and plans for the longer will victims of eminent domain the reporters was secret and should not Nation’s security and peace. suffer the added insult of an IRS bill have been shared. The present burdens are light enough When Rove became Bush’s right-hand while their home or business is taken when they earn for us the eternal man, he signed a classified information by the government. nondisclosure agreement. In that weight of Your glory, which is beyond In the wake of the recent Supreme agreement he vowed to keep quiet comparison. Court eminent domain decision, there about intelligence information until he May the inner balance of nature and is a rumbling across this great land. could confirm that it was not classi- the external graces You provide guide The American people know what this fied. America through the present to lay the rumbling is. It is the sound of govern- foundation of hope for the world and Mr. Speaker, at the very least Presi- ment bulldozers driven by IRS agents dent Bush should revoke Karl Rove’s for eternal glory above all else. heading toward a condemned property For out of nowhere, Lord, You can security clearance. Rove has clearly near you. However, the United States stir the wind now and forever. Amen. shown that he cannot be trusted, and House of Representatives has com- f yet he continues to have access to in- mitted itself to stopping eminent do- formation critical to our national secu- THE JOURNAL main abuse and restoring over two cen- rity. I really think it is time for the The SPEAKER. The Chair has exam- turies’ worth of property protections. President to fire Karl Rove. I believe that H.R. 3268 will go a long ined the Journal of the last day’s pro- f ceedings and announces to the House way in that fight. It is time to get the HONORING ADMIRAL FARRAGUT his approval thereof. tax man and the government steam- Pursuant to clause 1, rule I, the Jour- rollers off the backs of America’s pri- (Mr. DUNCAN asked and was given nal stands approved. vate property owners. permission to address the House for 1 Mr. Speaker, I ask my colleagues to f minute.) join me in this fight and to cosponsor Mr. DUNCAN. Mr. Speaker, I rise PLEDGE OF ALLEGIANCE the Eminent Domain Tax Relief Act. today to honor a fellow Tennesseean The SPEAKER. Will the gentleman f and our Navy’s first admiral, David from New Jersey (Mr. PALLONE) come Glasgow Farragut. THE ROVE SCANDAL MOVES TO A Farragut was born in Campbell’s Sta- forward and lead the House in the STATE DEPARTMENT DOCUMENT Pledge of Allegiance. tion, Tennessee, near the city of Knox- Mr. PALLONE led the Pledge of Alle- (Mr. PALLONE asked and was given ville. One of the largest, fastest-grow- giance as follows: permission to address the House for 1 ing and most beautiful communities in minute and to revise and extend his re- I pledge allegiance to the Flag of the my district is named in his honor. United States of America, and to the Repub- marks.) Raised in a Navy family, Farragut lic for which it stands, one nation under God, Mr. PALLONE. Mr. Speaker, it has sailed on the Essex as a young boy dur- indivisible, with liberty and justice for all. almost been 2 weeks since we first ing the War of 1812, took command of f learned Karl Rove leaked the identity his first ship when he was only 12 years of Valerie Plame to a reporter at Time, old, and later grew to prominence as a ANNOUNCEMENT BY THE SPEAKER and then confirmed the identity for Union hero during the Civil War. The SPEAKER. The Chair will enter- Bob Novak. Yesterday we learned that He was the first to prove naval forces tain up to five 1-minutes on each side. a State Department document includ- could seize control of an entire city

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 04 2004 00:44 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A22JY7.000 H22JYPT1 H6332 CONGRESSIONAL RECORD — HOUSE July 22, 2005 when he led the Union Navy to the cap- dress the House for 1 minute and to re- COBB COUNTY SCHOOL SUCCESS ture of New Orleans in 1862. And his vise and extend his remarks.) (Mr. PRICE of Georgia asked and was command, ‘‘Damn the torpedoes, full Mr. WILSON of South Carolina. Mr. given permission to address the House speed ahead’’ during his victory at Mo- Speaker, since the moment Justice for 1 minute.) bile Bay has become legendary. O’Connor announced her resignation, Mr. PRICE of Georgia. Mr. Speaker, As a result of Farragut’s tremendous President Bush has met with an un- when President Bush started his first service, Congress established the ranks precedented number of people of both term, he challenged our educational of rear admiral, vice admiral and admi- political parties. His thorough and system to end the soft bigotry of low ral. Amazingly, he was the first person sound selection process has proven he expectations. Some of my colleagues to hold each of these titles. is dedicated to nominating an impar- Tomorrow in Bath, Maine, the Navy objected to the accountability nec- tial, highly qualified person to the Su- essary. Students must be challenged to will christen its newest guided missile preme Court. destroyer as the USS Farragut. This achieve. We must insist on results in The President’s selection of Judge recognition of Farragut’s contribution our classrooms rather than accepting John Roberts is good for our country. to our naval tradition is a fitting trib- the status quo. Upon his nomination to the D.C. Cir- ute to one of our Nation’s greatest Students and teachers in Cobb Coun- cuit, 152 members of the D.C. bar wrote military heroes. ty, Georgia, have accepted the chal- Mr. Speaker, I consider it a privilege to the Senate Judiciary Committee to lenge and excelled. Pope, Walton, Ken- to recognize Admiral Farragut on the note that Judge Roberts is ‘‘one of the nesaw Mountain, and Lassiter High House floor today. He was a true Ten- very best and most highly respected Schools have some of the highest per- nessee hero and one of our greatest appellate lawyers in the Nation.’’ centages of students meeting and ex- Americans. Throughout his accomplished legal ca- ceeding standards in the entire State of reer, Judge Roberts demonstrated that Georgia. f he will fairly interpret and apply the Mr. Speaker, I am proud of all the COMMUNICATION FROM MEMBER Constitution. teachers and students who dedicate OF IRAQ NATIONAL ASSEMBLY Judge Roberts is a man of great in- themselves and work so diligently to (Mr. MCDERMOTT asked and was tegrity who deserves a civil and swift make these achievements. I am excited given permission to address the House confirmation process. The United about what is happening with edu- for 1 minute and to revise and extend States Senate has already unanimously cation in my district. Challenging stu- his remarks.) expressed its confidence in Judge Rob- dents to excel and insisting on ac- Mr. MCDERMOTT. Mr. Speaker, erts. I am hopeful that the Senate will countability are the keys. Administra- since the 12th of June, there has been confirm his appointment to the United tors, parents, teachers and students are an embargo on the American press for States Supreme Court before the fall to be congratulated. I am proud of the reporting on a letter written by the term begins. steps the Cobb County school system Iraqi legislature. For that reason I will In conclusion, God bless our troops. has taken to provide quality education read it here today: We will never forget September 11 and to our children, some of the best in the ‘‘As the National Assembly is the le- the London attacks. State. gitimate representative of the Iraqi f people and the guardian of its inter- f ests, and as the voice of the people, es- CIVIL LIBERTIES pecially with regard to repeated de- mands for the departure of the occupa- ‘‘CATCH AND RELEASE’’ (Mr. KUCINICH asked and was given tion, we note that these demands have (Mr. POE asked and was given per- permission to address the House for 1 earlier been made in more than one mission to address the House for 1 minute.) session but have blatantly been ignored minute.) Mr. KUCINICH. Mr. Speaker, yester- from the Chair. Worse still is the Gov- Mr. POE. Mr. Speaker, about half the day the House of Representatives made ernment’s request to the U.N. Security people caught crossing our borders ille- permanent many of the provisions of Council to extend the presence of the gally are from some other country the PATRIOT Act which have caused occupation forces, made without con- than Mexico. They come from places great concern across this country with sultation with the people’s representa- like Colombia, Nicaragua, Brazil, respect to undermining basic civil lib- tive in the National Assembly who hold Egypt, Poland, the Philippines, China, erties. When we sing the Star Spangled the right to make such fateful deci- Syria, Russia and even France. But the Banner, we ask a question, ‘‘Does that sions. detention facilities for these illegals star spangled banner yet wave o’er the ‘‘In line with our historic responsi- are full. That means many, about half, land of the free and the home of the bility, we reject the legitimation of the are released on their own recognizance. brave?’’ occupation and we repeat our demand That means on their word they promise Francis Scott Key when he wrote the for the departure of the occupation to return for a deportation hearing. Star Spangled Banner understood the forces, especially since our national That means they are supposed to stay connection between freedom and brav- forces have been able to break the back here, not leave. That further means 86 ery, between democracy and courage. of terrorism and to notably establish percent of those individuals never re- We must work to create a Nation its presence in the Iraqi street and to turn for their hearing, according to where we encourage the people of recover the state’s dignity and the citi- USA Today. America to be free of fear. We must work to create a Nation where we are zen’s trust in the security forces lead- Are we surprised? This catch-and-re- not afraid to celebrate our civil lib- ing to the noble objectives in an Iraq lease policy defies common sense. It erties. whose sovereignty is not embellished. wastes the efforts of our border agents. ‘‘Peace and God’s Mercy and Bless- It does not provide consequences for il- f ings be Upon You. legally coming to the United States. ‘‘Falah Hasan Shanshal.’’ PROVIDING FOR CONSIDERATION This letter was signed by at least 126 Giving illegals a get-out-of-jail-free card is further evidence the United OF H.R. 3070, NATIONAL AERO- members of the 275-member democrat- NAUTICS AND SPACE ADMINIS- ically elected Iraqi parliament and it States must have an immigration plan that works. TRATION AUTHORIZATION ACT gets nothing in the American press. OF 2005 Everyone should know this. Everybody wants to live in the f United States but everybody cannot Mr. GINGREY. Mr. Speaker, by di- live in the United States. We must rection of the Committee on Rules, I JUDGE JOHN ROBERTS DESERVES have a policy that promotes legal im- call up House Resolution 370 and ask A FAIR CONFIRMATION migration and prevents illegal immi- for its immediate consideration. (Mr. WILSON of South Carolina gration. This catch-and-release policy The Clerk read the resolution, as fol- asked and was given permission to ad- must cease. lows:

VerDate Aug 04 2004 00:44 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.002 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6333 H. RES. 370 bill shall be considered as an original telescope and its valued use as a tool to Resolved, That at any time after the adop- bill for the purpose of amendment, answer important questions of space tion of this resolution the Speaker may, pur- waives all points of order against the and science. Therefore, H.R. 3070 di- suant to clause 2(b) of rule XVIII, declare the committee amendment in the nature of rects NASA to create and implement a House resolved into the Committee of the a substitute, makes in order only those plan to repair the Hubble telescope Whole House on the state of the Union for amendments printed in the Rules Com- after completion of the current Space consideration of the bill (H.R. 3070) to reau- thorize the human space flight, aeronautics, mittee report accompanying the reso- Shuttle mission. and science programs of the National Aero- lution. It provides that the amend- With respect to the international nautics and Space Administration, and for ments printed in the report may be space station, H.R. 3070 provides in- other purposes. The first reading of the bill considered only in the order printed in structions and strongly encourages shall be dispensed with. All points of order the report, may be offered only by a NASA to develop a Crew Exploration against consideration of the bill are waived. Member designated in the report, shall Vehicle that will enable our crews to General debate shall be confined to the bill be considered as read, shall be debat- stay at the space station for longer du- and shall not exceed one hour equally di- able for the time specified in the report rations of time. vided and controlled by the chairman and Additionally, this legislation pro- ranking minority member of the Committee equally divided and controlled by the on Science. After general debate the bill proponent and an opponent, shall not motes a number of additional initia- shall be considered for amendment under the be subject to amendment, shall not be tives, including the development of a five-minute rule. It shall be in order to con- subject to a demand for a division of supersonic aircraft capable of carrying sider as an original bill for the purpose of the question in the House or in the civilian passengers. amendment under the five-minute rule the Committee of Whole. It waives all H.R. 3070 also calls for the develop- amendment in the nature of a substitute rec- points of order against the amend- ment of a hydrogen fuel cell-powered ommended by the Committee on Science now ments printed in the report and pro- aircraft and an unmanned aircraft ca- printed in the bill. The committee amend- pable of operating for long periods on ment in the nature of a substitute shall be vides one motion to recommit with or considered as read. All points of order without instructions. Mars. One study would be commis- against the committee amendment in the Mr. Speaker, I rise today to speak on sioned to assess the potential threats nature of a substitute are waived. Notwith- behalf of H. Res. 370 and the underlying of near-Earth objects that are at least standing clause 11 of rule XVIII, no amend- bill, H.R. 3070, the National Aero- 100 meters in diameter, while another ment to the committee amendment in the nautics and Space Administration Au- study would examine ways to reduce nature of a substitute shall be in order ex- thorization Act of 2005. fuel consumption and noise levels of cept those printed in the report of the Com- I would like to first thank the gen- commercial aircraft. mittee on Rules accompanying this resolu- tleman from New York (Mr. BOEH- Mr. Speaker, in a time of deficits and tion. Each such amendment may be offered only in the order printed in the report, may LERT), the distinguished chairman of budget reform, this legislation respon- be offered only by a Member designated in the Science Committee. As a former sibly requires that the President’s an- the report, shall be considered as read, shall member of the Science Committee, I nual budget request for NASA include be debatable for the time specified in the re- have a deep respect for the chairman, a breakdown of budgets on the basis of port equally divided and controlled by the and I know how hard he works for the specific programs. This practice would proponent and an opponent, shall not be sub- committee. allow the Congress and the President ject to amendment, and shall not be subject Also, I would like to commend the to better assess the cost-benefit anal- to a demand for division of the question in gentleman from California (Mr. CAL- ysis of each individual program and the House or in the Committee of the Whole. VERT), the Space Subcommittee chair- All points of order against such amendments make determinations about future are waived. At the conclusion of consider- man and the author of H.R. 3070, as spending. The American people want to ation of the bill for amendment the Com- well as the gentleman from Tennessee see technological development and ad- mittee shall rise and report the bill to the (Mr. GORDON) and the gentleman from vancement in the field of space explo- House with such amendments as may have Colorado (Mr. UDALL), the ranking ration, but they demand and deserve been adopted. Any Member may demand a members. that such provisions are made in a fis- separate vote in the House on any amend- H.R. 3070 represents this House’s cally responsible and sound way. ment adopted in the Committee of the Whole commitment to maintaining the So in conclusion, Mr. Speaker, I want to the bill or to the committee amendment United States’ dominance in the field to again commend the work of the in the nature of a substitute. The previous question shall be considered as ordered on of space exploration and technology. Science Committee and to thank the the bill and amendments thereto to final This legislation embraces and builds gentleman from New York (Mr. BOEH- passage without intervening motion except upon the goals laid out by President LERT) and the gentleman from Cali- one motion to recommit with or without in- Bush in his vision for space explo- fornia (Mr. CALVERT), as well as the structions. ration. gentleman from Tennessee (Mr. GOR- Overall, H.R. 3070 instructs the Presi- DON) and the gentleman from Colorado b 0915 dent, in conjunction with the adminis- (Mr. UDALL), the ranking members. The SPEAKER pro tempore (Mr. trator of NASA, to develop a national I urge my colleagues to support both WALDEN of Oregon). The gentleman aeronautics policy through the year the rule and the underlying bill. from Georgia (Mr. GINGREY) is recog- 2020. This act directs the NASA admin- Mr. Speaker, I reserve the balance of nized for 1 hour. istrator to develop a goal and imple- my time. Mr. GINGREY. Mr. Speaker, for the ment a strategy of running American Mr. MCGOVERN. Mr. Speaker, I purpose of debate only, I yield the cus- astronauts to the Moon by 2020. Also thank the gentleman from Georgia tomary 30 minutes to the gentleman the legislation calls for a Crew Explo- (Mr. GINGREY) for yielding me the cus- from Massachusetts (Mr. MCGOVERN), ration Vehicle to be launched as close tomary 30 minutes, and I yield myself pending which I yield myself such time to 2010 as possible. such time as I may consume. as I may consume. During consider- These goals and the related studies (Mr. MCGOVERN asked and was ation of this resolution, all time yield- should be key to preparing the Na- given permission to revise and extend ed is for the purpose of debate only. tional Aeronautics Space Administra- his remarks.) Mr. Speaker, House Resolution 370 is tion for the eventual deployment of as- Mr. MCGOVERN. Mr. Speaker, I am a structured rule that provides 1 hour tronaut crews to land on and return pleased to support the fiscal year 2006 of general debate equally divided and from Mars and other destinations. National Aeronautics and Space Ad- controlled by the chairman and rank- America has a history of innovation ministration authorization, and I con- ing minority member of the Committee and technological development, and gratulate the gentleman from New on Science. It waives all points of order the American people demand that York (Mr. BOEHLERT) and the gen- against consideration of the bill. NASA do all within its resources and tleman from Tennessee (Mr. GORDON), Further, this resolution provides power to see that we keep that record the ranking member; and the gen- that the amendment in the nature of a intact. tleman from California (Mr. CALVERT), substitute recommended by the Com- In this legislation, Congress also ex- the subcommittee chairman; and the mittee on Science now printed in the presses its support for the Hubble space gentleman from Colorado (Mr. UDALL),

VerDate Aug 04 2004 00:44 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A22JY7.001 H22JYPT1 H6334 CONGRESSIONAL RECORD — HOUSE July 22, 2005 the ranking member, for their hard ment only, discover the brightest near- tacular visual images. Several of those work on this bipartisan bill. I welcome Earth asteroid during the past year. images, I might add, adorn the walls of a bill that comes to the floor with such The second award would be presented my own office. unity, and I applaud their efforts. to the amateur or group who made the But NASA’s contribution to America On March 16, 1926 Robert Goddard of greatest contribution to the Minor is far more than space flight alone. Its Auburn, Massachusetts, which happens Planet Center catalog of near-Earth as- satellites have allowed NASA to pio- to be in my congressional district, suc- teroids. Each award amounts to $3,000. neer the science of remote sensing, cessfully launched the first liquid By promoting the pursuit of science which enables us to perform incredible fueled rocket. The first-of-its-kind through such awards, we can engage analyses of the Earth from space. And rocket reached an altitude of only 40 children and young adults. We can get its aeronautic research and develop- feet, and its flight lasted only 2 sec- them more interested in math and ment has dramatically improved our onds; but it inspired generations of fu- science, which is so incredibly impor- air safety, our economy, and our envi- ture astronauts and scientists. Dr. God- tant in the 21st century. ronment. National security has espe- dard, recalling his childhood curiosity In the spirit of ingenuity, I am also cially benefited. for physics wrote: ‘‘I imagined how pleased to mention $6.9 billion has been From surveillance systems that mon- wonderful it would be to make some set aside for science, aeronautics, and itor aircraft flight paths to the devel- device which had even the possibility education activities. This will allow opment of secure communications sys- of ascending to Mars. I was a different scientists to research such projects as tems, NASA’s research has been instru- boy when I descended the tree from hydrogen fuel cell-powered aircraft mental in improving our national secu- when I ascended, for existence at last that would have no hydrocarbon or ni- rity. In addition, NASA’s recent suc- seem purposive.’’ trogen oxide emissions, and to study cessful hypersonic flight, clocked at Robert Goddard would come to be ways to reduce fuel consumption and about 7,000 miles per hour, dem- known as the Father of Modern Rock- noise levels of commercial aircraft. Im- onstrated that military or civilian air- etry. And I know Dr. Goddard would be portant potential markets could be cre- craft might soon be able to fly any- pleased to know that the exploration of ated from these new technologies, and where in the world in less than 2 hours. Mars is within our grasp. in a society that is overdependent on Aeronautics is a substantial and key By prioritizing human space travel, fossil fuels, this money is well spent. In part of the national defense infrastruc- we are trying to maintain the United fact, the research that NASA is doing ture. NASA’s basic research is critical to States as a leader in space exploration can help us make the world more envi- their success. NASA is able to develop and aeronautics. Projects such as the ronmentally safe. International Space Station encourage Again, Mr. Speaker, I thank the au- long-term, high-risk enabling tech- nologies that the private sector is un- worldwide efforts in science, and it is thors of this bill for their hard work. important that the U.S. continue to Mr. Speaker, I reserve the balance of willing to perform because it is either participate. Through these missions, my time. too risky or too expensive. When the we will be able to explore the long- Mr. GINGREY. Mr. Speaker, I yield 1 government-sponsored basic research term effects of space travel on humans, minute to the gentleman from Cali- yields information that could lead to a service or product with profit poten- collect data regarding life on other fornia (Mr. CALVERT), the distinguished tial, the private sector transitions planets, and gain greater knowledge of subcommittee chairman. from research to development in order the universe. Mr. CALVERT. I thank the gen- Mr. Speaker, the safety of our astro- tleman for yielding me the time. to bring it to market. nauts must remain our top priority. So Mr. Speaker, I want to thank the b 0930 I am pleased that the committee has gentleman from New York (Mr. BOEH- While it is not always as simple as included funding in this bill for the LERT); the gentleman from Tennessee this, it is clear that where there is no Crew Exploration Vehicle. This vehicle (Mr. GORDON), the ranking member; basic research there can be no develop- will serve as a backup should problems and the gentleman from Colorado (Mr. ment. arise with the International Space Sta- UDALL), the ranking subcommittee NASA’s field centers like the Glenn tion. member. Research Center in Cleveland, Ohio, in The spirit of Robert Goddard and We have worked out a good bill. This my district, are where the actual basic NASA inspires children of all ages to is a good rule. This recognizes the im- research is done. There you will find imagine what is beyond the blue sky portance of human exploration, robot- unique research facilities, some of the above. In my own district, Worcester ics, science, aeronautics. This is a good best scientists and engineers of our Polytechnic Institute has received $1.5 compromise, a good bipartisan solu- time, and a track record of discovery million in the last 5 years for aerospace tion. Let us move this rule and get on for the public good that is the envy of research projects. to the general debate. the world. WPI has also sent 150 undergraduate Mr. MCGOVERN. Mr. Speaker, I yield One of the secrets to NASA’s success students to the Goddard Spaceflight 5 minutes to the gentleman from Ohio has been its dual emphasis on both Program, where they researched and (Mr. KUCINICH). space and aeronautics. A successful developed products in gravity studies Mr. KUCINICH. Mr. Speaker, I would space program is heavily dependent on and contamination prevention. With like to thank the gentleman from Mas- a strong aeronautics program. Indeed, ongoing partnerships with facilities sachusetts (Mr. MCGOVERN) for allow- you cannot get to space without first across the country, WPI has formed a ing me to speak. I would also like navigating the atmosphere. Yet the multidecade bond with NASA. The thank the members of the committee budget proposal for fiscal year 2006 at- knowledge gained from these under- who worked so hard to craft a bill that tempted to cut funding for aeronautics graduate programs fosters not only a was strong enough to pass through the research. The result is that recovery love of learning, but also offers careers committee unanimously. would have taken decades and billions at NASA and other leaders in the aero- When most people think about of dollars. nautics field. NASA, they think about space explo- That is why I am here on the floor to NASA has always been a leader in ration, and rightly so, with such a rich express my gratitude for the work that educating young people about the won- history. NASA has given us Projects my colleagues have put into this bill. ders of space and aeronautics. Through Mercury and Gemini in the 1960s, fol- It shows that the good people of the outreach programs, NASA is able to lowed closely by the Moon landings of committee share my own deep affinity engage students and encourage studies Project Apollo. They gave us Skylab in and appreciation for a healthy, bal- in math and science. This bill author- the 1970s, and finally, the Space Shut- anced NASA. It recognizes that a izes NASA to establish two annual tle beginning in the 1980s and healthy NASA requires strong field re- Charles ‘‘Pete’’ Conrad Astronomy sunsetting in the coming years. And of search centers like NASA Glenn. awards for amateur astronomers. The course the Hubble telescope has given Strong field centers in turn are depend- first award would be presented to as- us decades of groundbreaking informa- ent on their facilities and, most impor- tronomers who, using amateur equip- tion about deep space through its spec- tantly, their talented workforce. The

VerDate Aug 04 2004 00:44 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.005 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6335 bill, therefore, protects the jobs and fa- awe I experienced. NASA has taken XVIII, the Chair declares the House in cilities from cuts that are driven by that wonderment and awe and turned it the Committee of the Whole House on what accountants want instead of what into tangible results with legal real- the State of the Union for the consider- good scientists and engineers in our life applications. ation of the bill, H.R. 3070. Nation need. My good friend and colleague from b 0939 The bill stands in defense of aero- Massachusetts (Mr. MCGOVERN) talked nautics in a nod to the crucial role about breakthroughs in the field of IN THE COMMITTEE OF THE WHOLE that it plays in so many facets of our medicine where, of course, I practiced Accordingly, the House resolved everyday life. The effort to keep NASA as a physician for almost 30 years, and itself into the Committee of the Whole healthy is by no means over, but this NASA has been a part of numerous House on the State of the Union for the bill represents a long stride in the breakthroughs that do help doctors consideration of the bill (H.R. 3070) to right direction. I urge my colleagues to treat their patients and save lives. reauthorize the human space flight, join me in supporting it. For instance, NASA has been directly aeronautics, and science programs of I want to also thank my colleagues or indirectly involved in digital imag- the National Aeronautics and Space from other committees such as the ing breast biopsy systems; breast can- Administration, and for other pur- gentleman from Virginia (Mr. WOLF), cer detection; laser angioplasty for poses. the gentleman from Ohio (Mr. HOBSON), blocked arteries; ultrasound skin dam- The Chair designates the gentleman the gentleman from Ohio (Mr. age assessment; human tissue stimu- from Nebraska (Mr. TERRY) as chair- LATOURETTE), the gentlewoman from lator which helps control chronic pain; man of the Committee of the Whole, Ohio (Mrs. JONES), and others who have cool suits that lower a patient’s body and requests the gentleman from Or- been very supportive of our overall ef- temperature, producing a dramatic im- egon (Mr. WALDEN) to assume the chair forts. provement of symptoms of multiple temporarily. Mr. MCGOVERN. Mr. Speaker, I yield sclerosis, cerebral palsy, spina bifida The Clerk read the title of the bill. myself the balance of my time. and others; programmable pacemakers, The Acting CHAIRMAN. Pursuant to Mr. Speaker, let me just close by say- eye screening to detect eye problems in the rule, the bill is considered as hav- ing that this is an important bill. It is very young children; automated urinal- ing been read the first time. important because our space program ysis, medical gas analyzer systems Under the rule, the gentleman from used to monitor operating rooms for yields many benefits to the people of New York (Mr. BOEHLERT) and the gen- analysis of anesthetic gasses and meas- this country and the world. tleman from Tennessee (Mr. GORDON) urement of oxygen, carbon dioxide and A lot of times people do not quite un- each will control 30 minutes. nitrogen concentrations to assure prop- derstand all that we gain from the The Chair recognizes the gentleman space program. It is not just about er breathing environment for surgery from New York (Mr. BOEHLERT). rockets flying up in the sky. It is about patients; voice-controlled wheelchairs. Just to list off a few more: Arterio- Mr. BOEHLERT. Mr. Speaker, I yield improving aeronautics research. It is myself such time as I may consume. about communications, improving our sclerosis, hardening of the arteries, de- tection, ultrasound scanners, auto- (Mr. BOEHLERT asked and was given communications systems. It is about permission to revise and extend his re- protecting our national security. It is matic insulin pump, portable x-ray de- vices, invisible braces, dental arch marks.) about learning more about science and Mr. BOEHLERT. Mr. Speaker, I rise our environment. It is about finding wire, palate surgery. I could go on and on. in strong support of H.R. 3070. Let me better ways to protect our environ- begin by thanking the gentleman from ment here on Earth. We learn of med- Mr. Speaker, of course the field of California (Mr. CALVERT) for the mag- ical breakthroughs, medical research medicine is only one area of course nificent work he has performed as goes on during these space flights. So that NASA has helped all of us. In re- chairman of our Subcommittee on it benefits us in multiple ways, and I ality that are so many, many more Space and Aeronautics and the lead au- think it is important for people to ap- that we do not have time to mention thor of this bill. Without the gentle- preciate that because oftentimes peo- here today. Suffice it to say, we are man’s steadfast determination, his in- ple will ask, why do we need to spend making tremendous breakthroughs in sight and openness to compromise, we all this money on the space program? the field of science because of what would not be here today. The reason why is there are tangible NASA has done and how we have fund- I also want to thank my ranking benefits all around us that have been ed this program. member, the gentleman from Ten- directly derived from the space pro- I urge my colleagues to support this nessee (Mr. GORDON), and our sub- gram. rule and the underlying bill. Finally, Mr. Speaker, let me again Mr. Speaker, I yield back the balance committee ranking, the gentleman say I am grateful that this is a bipar- of my time, and I move the previous from Colorado (Mr. UDALL) for their tisan bill, and I am grateful that there question on the resolution. leadership and willingness to com- The previous question was ordered. promise, and I want to thank all the is no controversy on the rule. This is a The resolution was agreed to. unique moment because we have not members of the committee on both A motion to reconsider was laid on sides of the aisle who have contributed had such a bill like this in a long time. the table. I ask Members to support the bill and to this bill. It is truly a team effort f support the rule. and it shows what Congress can accom- Mr. Chairman, I yield back the bal- GENERAL LEAVE plish if we work together in an open- minded and cooperative manner. ance of my time. Mr. BOEHLERT. Mr. Speaker, I ask Now, I have opened my statement by Mr. GINGREY. Mr. Speaker, I yield unanimous consent that all Members focusing on compromise but I do not myself the balance of my time. may have 5 legislative days within want anyone to think that this bill Mr. Speaker, I would like to close by which to revise and extend their re- saying that from the Apollo Moon marks and include extraneous material represents some kind of random hodge- landing to the first Space Shuttle to on H.R. 3070. podge of competing views. H.R. 3070 is the International Space Station, NASA The SPEAKER pro tempore (Mr. built on firm central principles that has been pushing the envelope of Amer- WALDEN of Oregon). Is there objection will give clear direction to NASA. ican science. to the request of the gentleman from What are those principles? First, NASA is not just about inventing New York? Congress endorses the President’s Vi- TANG. It is about American achieve- There was no objection. sion for Space Exploration. The United States will work to return to the Moon ment, American pride. As we move to f consideration of the underlying bill, I by 2020 and then will move on to other would ask my colleagues to remember NATIONAL AERONAUTICS AND destinations. We will build a new Crew their first thoughts of space as a child SPACE ADMINISTRATION AU- Exploration Vehicle that, among other and the wonderment they felt. THORIZATION ACT OF 2005 tasks, will service the International As a child I remember looking at the The SPEAKER pro tempore. Pursu- Space Station. And the bill allows the stars and Moon at night and the sheer ant to House Resolution 370 and rule Space Shuttle to be retired no later

VerDate Aug 04 2004 00:44 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.007 H22JYPT1 H6336 CONGRESSIONAL RECORD — HOUSE July 22, 2005 than 2010, which we must do if the We require more joint planning with Mr. Chairman, I submit for the space program is to continue to make the National Oceanic and Atmospheric RECORD the Congressional Budget Of- progress. Administration and the Department of fice cost estimate on H.R. 3070. Obviously, we hope and pray for the Energy. JULY 20, 2005. safe return to flight of the Space Shut- We explicitly list the numerous basic Hon. SHERWOOD L. BOEHLERT, tle now scheduled for next Tuesday. reports that Administrator Griffin has Chairman, Committee on Science, U.S. House of The Space Shuttle is a magnificent promised to provide by September, in- Representatives, Washington, DC. machine and our current space pro- cluding, most significantly, reports on DEAR MR. CHAIRMAN: The Congressional gram is dependent on it, but it is not the number of remaining shuttle Budget Office has prepared the enclosed cost estimate for H.R. 3070, the National Aero- our future in space. flights and their mission, the final con- nautics and Space Administration Author- The second principle on which this figuration of the space station, the cost ization Act of 2005. bill is founded, and it is every bit as es- of the Crew Exploration Vehicle, the If you wish further details on this esti- sential as the first principle, is that plan for what we will do on the Moon, mate, we will be pleased to provide them. NASA is a multi-mission agency with and the plan for Project Prometheus, The CBO staff contact is Mike Waters. vital responsibilities in space science, and that is not even the full list. We Sincerely, earth science, and aeronautics. Those have a lot of oversight work ahead of DOUGLAS HOLTZ-EAKIN. programs are NASA’s most successful us. Enclosure. efforts. They bring enormous economic The fourth principle of the bill is CONGRESSIONAL BUDGET OFFICE COST and intellectual benefits and they cre- that NASA has to try new ways of ESTIMATE ate every bit as much excitement doing business if it is to remain inno- H.R. 3070—NATIONAL AERONAUTICS AND SPACE among students and the general public vative. This is a point that the former ADMINISTRATION AUTHORIZATION ACT OF as do the human space flight programs. chairman, the gentleman from Cali- 2005—AS REPORTED BY THE HOUSE COMMITTEE ON SCIENCE ON JULY 18, 2005 This bill recognize the centrality of fornia (Mr. ROHRABACHER) always ham- those programs and authorizes them at mered home and it is an emphasis of Summary: H.R. 3070 would authorize ap- a greater level than the administration propriations for National Aeronautics and the gentleman from California (Chair- Space Administration (NASA) activities for has proposed. The bill specifically en- man CALVERT) as well. fiscal years 2006 and 2007. Assuming appro- dorses the Hubble space telescope re- NASA has to be open to entre- priation of the authorized amounts, CBO es- pair mission, assuming, and this is im- preneurs. NASA needs to see how much timates that implementing H.R. 3070 would portant, assuming the NASA Adminis- it can gain from an expanded prize pro- cost $33 billion over the 2006–2010 period. The trator determines that the mission gram which is authorized in this bill. legislation would extend NASA’s authority would not impose any unreasonable to indemnify or insure developers of experi- risk. And the bill treats these pro- b 0945 mental aerospace vehicles from damage grams as priorities to be evaluated on NASA needs to work with inter- claims by third parties. That provision could increase direct spending, but CBO estimates their own merits, not in terms of the national partners on the Vision for any such costs would be insignificant over human space flight program. Space Exploration. the 2006–2015 period. The third principle behind this bill is So this is a bill built on solid prin- H.R. 3070 contains no intergovernmental or an understanding that NASA is in a pe- ciples that will give NASA a solid foun- private-sector mandates as defined by the riod of transition and that Congress dation from which to launch its many Unfunded Mandates Reform Act (UMRA) and needs much more information before missions. We can all be proud of our would impose no costs on state, local, or we can make detailed decisions on the space program, which has been a sym- tribal governments. future of the agency’s programs. For bol of and contributor to the Nation’s Estimated cost to the Federal Govern- ment: The estimated budgetary impact of that reason the bill asks NASA to de- technological prowess. This bipartisan H.R. 3070 is shown in the following table. The velop a vision for aeronautics, a bill will ensure that that remains the costs of this legislation fall within budget prioritized list of science missions and case, and I urge my colleagues to sup- functions 250 (general science, space, and a plan for its workforce and facilities. port it. technology) and 400 (transportation).

By fiscal year, in millions of dollars 2005 2006 2007 2008 2009 2010

SPENDING SUBJECT TO APPROPRIATION NASA Spending Under Current Law: Budget Authority a ...... 16,196 0 0 0 0 0 Estimated Outlays ...... 14,783 5,948 770 282 77 0 Proposed Changes: Authorization Level ...... 0 16,471 16,962 0 0 0 Estimated Outlays ...... 0 10,107 15,649 6,168 912 286 NASA Spending Under H.R. 3070: Authorization Level a ...... 16,196 16,471 16,962 0 0 0 Estimated Outlays ...... 14,783 16,055 16,419 6,450 989 286

a The 2005 level is the amount appropriated for NASA for that year.

Basis of estimate: For this estimate, CBO coverage, regardless of whether amounts are by UMRA and would impose no costs on assumes that the amounts authorized by the available from appropriations to pay such state, local, or tribal governments. bill will be appropriated near the start of claims. Estimate prepared by: Federal Costs: Mike each fiscal year and that outlays will follow Extending NASA’s authority to indemnify Waters. Impact on State, Local, and Tribal the historical spending patterns for NASA developers of experimental aerospace vehi- Governments: Lisa Ramirez-Branum. Impact activities. cles could result in direct spending, but we on the Private Sector: Craig Cammarata. Spending subject to appropriation estimate that any such spending would not Estimate approved by: Peter H. Fontaine, H.R. 3070 would authorize the appropria- be significant. Assuming that the risk of Deputy Assistant Director for Budget Anal- tion of $16.5 billion in 2006 and almost $17 bil- claims would be similar to that of existing ysis. lion in 2007 for NASA activities, including launch vehicles and that private insurance Mr. Chairman, I reserve the balance and appropriated funds would be tapped first science, aeronautics and education, explo- of my time. to pay any claims, CBO expects that the ration systems, space operations, and fund- likelihood of direct spending for indemnifica- Mr. GORDON. Mr. Chairman, I yield ing for NASA’s Inspector General. tion payments would be small. If NASA were myself such time as I may consume, Direct spending obligated to pay claims in excess of the and I want to speak in support of H.R. H.R. 3070 also would extend through 2015 amounts available from private insurance 3070, the NASA Authorization Act of NASA’s authority to indemnify or insure de- and appropriations, CBO assumes that any 2005. This bill, as reported out of the velopers of experimental aerospace vehicles additional payments would be made from the Committee on Science, is a good bill operated by civilian developers from damage Claims and Judgments Fund, which would and one that I am pleased to support. claims by third parties. The Administrator increase direct spending. would be able to indemnify or insure a single Intergovernmental and private-sector im- It is the result of constructive negotia- event for up to $1.5 billion (in 1989 dollars) pact: H.R. 3070 contains no intergovern- tions between the majority and the mi- beyond the developer’s private insurance mental or private-sector mandates as defined nority that led to a bill that provides

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.009 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6337 important funding and policy guide- Mr. Chairman, before I close, I would Mr. Chairman, I reserve the balance lines to the National Aeronautics and like to say a word about the manager’s of my time. Space Administration. amendment that will be considered Mr. BOEHLERT. Mr. Chairman, I Mr. Chairman, during the hearings later today. I would like to focus on yield myself such time as I may con- the Committee on Science held earlier one particular provision, namely, the sume, before actually yielding to this this year on NASA and its human ex- increase in the overall authorization next speaker, because I feel it is most ploration initiative, I laid out a series level for NASA to allow the human ex- important for Members to note that of principles I believed needed to be in- ploration program to be fully funded. the gentleman from California (Mr. cluded in this year’s NASA authoriza- That provision would result in a CALVERT) took over the subcommittee tion bill. Those principles include the total of $1.26 billion being added to and totally immersed himself in the following: NASA’s 2-year authorization, with all work of it. He is traveling around to all First, NASA should continue to be a of it being allocated to the exploration the NASA centers; he is interacting multimission agency with robust R&D initiative. It should be noted that this with the employees. And not just the activities in science, aeronautics, and provision was specifically sought by top guys, but all the way down the line. human space flights. the White House and that the White This guy is proving by performance Second, I support human exploration House indicated that failure to include that he is outstanding in his leader- beyond the low Earth orbit as an ap- it would result in an unfavorable state- ship, and for that I thank him very propriate long-term goal for the space ment of administrative policy. much. flight program. However, I believe I have decided to support the inclu- Mr. Chairman, I am pleased to yield there needs to be appropriate guide- sion of the extra funding for two basic 5 minutes to the gentleman from Cali- lines and flexible firewalls to ensure reasons: first, money is being added for fornia (Mr. CALVERT), the distinguished that it is properly paid for and not the exploration in a way that is con- chairman of the subcommittee. funded at the expense of other impor- sistent with the principles I outlined Mr. CALVERT. Mr. Chairman, I tant NASA programs. earlier, that is, funds sought by the ad- thank the gentleman for yielding me Third, there needs to be clear prior- ministration to increase the explo- this time. The NASA Authorization Act of 2005 ities within NASA’s exploration pro- ration account are coming from an is the culmination of a lot of hard work gram as well as within the agency’s augmentation to NASA’s overall bot- on both sides of the aisle. We have de- other core missions. tom line rather than from the Fourth, the United States should cannibalizing of other important NASA veloped a real bipartisan compromise. This is the first NASA authorization honor its international obligations to activities in aeronautics and science. bill to come to the House in 5 years, the International Space Station pro- Second, the White House action in and I want to commend Chairman gram. seeking the additional funding for Fifth, there needs to be funding and NASA provides compelling confirma- BOEHLERT and the ranking members, the gentleman from Tennessee (Mr. policy direction to ensure that the tion of a point I have been making all GORDON) and the gentleman from Colo- International Space Station realizes its year, namely, it is not possible to pro- rado (Mr. UDALL), for their cooperation potential for fundamental and applied vide the levels of funding needed to in carefully crafting this bipartisan scientific and commercial research and maintain healthy aeronautics and bill. But I most especially thank Chair- is not just a platform for exploration science programs at NASA and fully man BOEHLERT for his unwavering sup- initiative. The American taxpayer has fund the Human Exploration Initiative port to get this bill out and to have it invested too much money in the ISS under the budget plan put forth by the White House. The amendments sought here today. for NASA to walk away from its long- by the White House make that point Mr. Chairman, we carefully crafted standing commitment to research that clear. this bill. It took a lot of meetings on can help benefit our citizens back here I want the exploration initiative to the principles and long hard hours of on Earth. succeed. It is a worthwhile endeavor. staff work on both sides to come up Finally, I believe that programmatic But it is clear if additional resources with this balanced agreement. This is goals should be flexible, not rigid, are not forthcoming, NASA will have the first authorization bill to endorse guidelines. The flexibility is needed to to adjust the scope of its exploration the President’s Vision for Space Explo- allow for the changing situations at activities and its timetables to fit ration that was announced on January NASA, whether they be technical, within the available funds. That is 14, 2004. This vision includes the shut- operational, or budgetary in nature. going to be challenging to accomplish, tle’s return to flight, the completion of Mr. Chairman, it was my belief that but I believe it is going to be nec- the International Space Station, the the initial version of H.R. 3070 did not essary. development of a new Crew Exploration properly address those essential prin- Finally, Mr. Chairman, I would like Vehicle, the CEV, which will allow us ciples and, as a result of our concerns, to take this opportunity to thank the to return to the Moon by 2020 and then Democrat members of the Sub- gentleman from New York (Mr. BOEH- on to Mars and beyond. committee on Space and Aeronautics LERT), the chairman of the committee; Our civil space program excites the withheld their support for the bill chairman of the subcommittee, the world. In a Gallop poll released last when it was marked up at the sub- gentleman from California (Mr. CAL- week, more than three-fourths of the committee level. VERT); the subcommittee’s ranking American people support a new plan for Following the markup, Democrats member, the gentleman from Colorado space exploration. The Committee on worked to develop an alternative (Mr. UDALL), for all their efforts in put- Science strongly supports NASA’s new NASA authorization bill that would ad- ting this bill together. administrator, Dr. Michael Griffin, and dress our concerns and be credible, I would also like to give a special wants to provide him the flexibility to practical, and conferenceable. That al- thanks to my staff, with Dick transform the agency in this second ternative bill was introduced as H.R. Obermann and Chuck Atkins, who Space Age. Our bill provides the rules 3250, with cosponsorship of all the spent late nights and many hours help- and tools that will enable the agency Democratic members of the Committee ing us work together, and the majority to maintain its multimission agenda on Science. staff, who spent those same hours with a balanced approach for human As a result, we were able to have a working together trying to get a good and robotic space flight, science, and productive dialogue with the Com- bill here, and they were successful. aeronautics. mittee on Science majority, which led Mission accomplished. The Committee on Science has not to many of the provisions in H.R. 3250 Despite a somewhat rocky start, I be- addressed the Iran nonproliferation being incorporated into the bill before lieve the final product is a testament issue in our bill today, but we will con- us today. I am pleased at the outcome to their unwavering commitment to a tinue to work with the House Com- because I think it did result in a better strong and productive civil space pro- mittee on International Relations to bill, one that can provide useful con- gram. I look forward to working with resolve this matter. We are committed gressional guidance to NASA for the them to get this legislation enacted to resolving this issue before our bill is coming 2 years. into law. signed into law.

VerDate Aug 04 2004 00:44 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.011 H22JYPT1 H6338 CONGRESSIONAL RECORD — HOUSE July 22, 2005 Once we pass the manager’s amend- and I thank him not only for his work H.R. 3070 also takes commonsense ment, our bill will fully fund explo- on the bill in general but specifically steps to review the extension of mis- ration, the Space Shuttle, the Inter- in the aeronautics area, where he was a sions which have already met their national Space Station, and will in- real leader. original goals. With minimal invest- crease funding for priorities such as Mr. UDALL of Colorado. Mr. Chair- ment, many missions, such as Voyager, aeronautics and the Hubble Space Tele- man, I want to thank the ranking can continue to provide useful data scope Servicing Mission. We have member of the full committee, the gen- even though they have exceeded their asked for a number of strategic plans tleman from Tennessee (Mr. GORDON), original operational timelines. in the areas of aeronautics, science, for yielding me this time and also for The bill requires NASA to review human capital, and in facilities in his kind words. each of the missions and assess the order to better guide NASA in the fu- I also want to acknowledge my good costs and benefits to continue these ture. friend, the gentleman from New York programs, thus allowing a maximum The bill also addresses the need for (Mr. BOEHLERT), the chairman, and the benefit from all of our investments. I NASA to make better use of commer- chairman of the subcommittee, the would like to turn to four areas of par- cial products, including software, as gentleman from California (Mr. CAL- ticular importance to me in the bill: well as to work with the entrepreneurs VERT), for the work we have all done Aeronautics, education, remote sensing in accomplishing NASA’s goals. In ad- together for this important legislation. and the wonderful Hubble telescope. dition, the bill authorizes a prize pro- Mr. Chairman, I believe the legisla- I am pleased to see the inclusion of gram for NASA to stimulate innova- tion strikes a productive and essential positive policy and funding guidance to tion and basic research and technology, balance between NASA’s core missions NASA on revitalizing the aeronautics modeled on the X-Prize that was re- and provides important policy direc- program at NASA. Historically, aero- cently won by Burt Rutan and his tion as the agency embarks on the nautics has provided America with SpaceShipOne team. We have also in- Mars-Moon initiative. Though I hate to jobs, economic security, a positive cluded a cost-containment regime that use a cliche, I believe NASA is at a input to our balance of trade, and tech- has been crafted for NASA in its major crossroads with its many missions: the nological advances for both commer- development programs. Space Shuttle will hopefully be return- cial aviation and defense. However, re- By remaining silent on the shuttle ing to flight next week, after being cently those aeronautics investments program’s length of operation, the bill grounded for nearly 21⁄2 years; a Hubble have been declining with projections of provides the administrator the flexi- Servicing Mission is being considered continuing decline in the NASA budg- bility to move forward with his plans and prepared for; and NASA is looking et. This all comes at a time when the to retire the shuttle in 2010. Ending the to accelerate the development of the European Union has announced a goal shuttle program at this time will free Crew Exploration Vehicle; and research to become a leader in aeronautics by up funding to accelerate the develop- universities are anxiously awaiting 2020 and is increasing R&D funding in ment of the CEV and will close the gap news about the future of many of their aeronautics to $2.5 billion. If we are to between the shuttle and the CEV. projects with NASA. remain competitive, we must revitalize Hopefully, this flexibility will allow us As NASA moves forward with these our R&D programs to match what the to eliminate the gap entirely. initiatives, it is the opportune time for European Union and other nations in We have asked the Office of Science Congress to weigh in and provide NASA the world are doing. and Technology Policy to look at the with long-term policy direction. The The aeronautics piece also names R&D programs across the Federal Gov- bill takes important steps to ensure three breakthrough R&D initiatives in ernment and to document all programs that NASA continues its important in- subsonic, supersonic and rotorcraft, as that may be redundant in multiple vestment in each of its core missions: well as rejects the proposed decline in agencies and also those that may have science, aeronautics, and human space the aeronautics budget by authorizing fallen through the cracks. In addition, flight, including human exploration. increased R&D funding for 2006 and we have asked NASA to consider var- For example, it sets up a budgetary 2007. Overall the bill ensures that we ious business models as it looks at the structure that separates NASA’s continue to be a global leader in aero- agency’s restructuring. In total, the in- human space flight and exploration ac- nautics. formation will enable Congress to craft counts from its science, aeronautics, As this body knows, and as the gen- legislation which parallels the exciting and education accounts. tleman from California (Mr. CALVERT) changes and challenges that NASA will just shared with us, the United States b 1000 be facing in the coming years. is not graduating students in science, Mr. Chairman, we do not consider In addition to establishing flexible technology, engineering and math in this legislation in a vacuum. Other na- firewalls between NASA accounts, it the numbers required to sustain our tions are actively pursuing human provides guidance on how to deal with current workforce. As we prepare for space flight and exploration. China subsequent cuts to the overall budget. the return of flight with the Shuttle, alone graduates almost as many engi- Namely, any cuts to the NASA budget young boys and girls are looking up to neers in a month as we do in a year. would reduce the authorizations for the astronaut corps and thinking one India graduates five times as many en- each of its accounts proportionally, en- day they would like to become astro- gineers per year as we do in the United suring one account does not make the nauts. States. NASA, with its excellent rep- bulk of the cut. The bill provides specific emphasis utation in exploration, science and aer- These provisions provide sound gov- on the education programs within onautics, is the one agency which can ernment policy to ensure that the in- NASA that excite and inspire our focus and inspire America’s youth to tentions of Congress are followed and youth to continue to study in these take up the challenging work of math that NASA maintains a balance within fields. NASA’s missions have the power and science careers. its missions. to attract the American public, both Again, I want to thank our com- The bill contains a number of provi- young and old, and I believe we need to mittee leadership, Chairman BOEH- sions that seek to establish better ensure that we utilize this excitement LERT, Ranking Member GORDON, sub- oversight of NASA. One I would specifi- and encourage students to follow their committee Ranking Member UDALL, cally like to mention requires NASA to childhood dreams of working with and the hard-working staff for their ef- provide a transition plan to Congress NASA. forts in putting this bill together. This and identify funds to support any I am pleased that the bill recognizes bill is an important milestone for our transfer of programs from NASA to the importance of ensuring that our committee, NASA, and America. NOAA. This should not be considered a minority and economically disadvan- Mr. GORDON. Mr. Chairman, I yield congressional endorsement of the taged young people have access to such time as he may consume to the transfer of Earth science missions or NASA’s educational activities. gentleman from Colorado (Mr. UDALL), Earth observing systems from NASA to Turning to another topic, many of the ranking member of the Sub- NOAA. Instead, it intends to ensure the American public only see NASA committee on Space and Aeronautics; that all transfers are done openly. looking outward into space. However,

VerDate Aug 04 2004 00:44 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.013 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6339 the agency’s Earth science program LERT) concerning the issue of intellec- Today’s bill before the House reau- provides valuable information about tual property rights with regard to thorizes NASA and outlines the broad our own planet. NASA collects data prizes. goals of the vision. While it embraces about the Earth that has practical ap- The bill is silent on this issue, and I the exploration agenda of the space plications for States, tribal agencies, would like to have a better outcome. agency, it also bolsters other NASA cities, and municipalities by providing This is an issue that needs to be re- programs in science and aeronautics geospatial data from satellites. solved. Is it the chairman’s intention that keeps America competitive glob- I am particularly interested because to work toward a compromise as we go ally. in my home State of Colorado, we have forward to conference? I am grateful for a well-balanced bill, two of the leading companies involved Mr. BOEHLERT. Mr. Chairman, this and I commend the gentleman from in this important work, and many cit- is an important outstanding issue that New York (Chairman BOEHLERT) and ies and counties in Colorado are work- does need to be resolved, and it is my the gentleman from California (Chair- ing to address growth and sprawl. A intention to address it in the final man CALVERT), and the ranking mem- bill that I have introduced which has version of the bill. bers, the gentleman from Tennessee been incorporated into this bill works As Members know, H.R. 3070 as origi- (Mr. GORDON) and the gentleman from to increase access to that data from nally introduced mandates that prize Colorado (Mr. UDALL), and the staff, for both commercial and public sources. contestants keep their intellectual crafting such a fine bill. Lastly, I am gratified that the bill property, although NASA may nego- I am particularly pleased that the calls for a human servicing mission to tiate a license. The gentleman’s sub- bill includes a provision that I worked be scheduled once the Shuttle has re- stitute would require that prize con- with that directs Administrator Grif- turned to flight with appropriate safe- testants choose one of two alter- fin, our fine new leader, to develop a ty precautions and provides authoriza- natives: Either agree to give NASA a Crew Exploration Vehicle with a robust tion funding for the mission to service royalty-free license in order to accept crew escape system. As we implement the Hubble telescope. the prize or waive the prize in exchange this new space vision, I am going to Hubble has truly become the people’s for the right to negotiate a royalty continue to work and I know our lead- telescope. Its data is accessible to sci- agreement with NASA. ers are going to continue to work to entists and nonscientists alike, and has We have offered meritorious but ensure that NASA fulfills this priority allowed amateur astronomers of all quite different approaches, and we will and minimizes the risk for our brave ages to study our universe. I am have to figure out how to handle it in men and women who fly our space mis- pleased that NASA has already taken the final bill. I look forward to working sions. these steps towards a human servicing with the gentleman on that. Our hopes and dreams ride with Mr. GORDON. Mr. Chairman, I appre- mission, and this bill affirms the con- them, and we must do all we can, and ciate the gentleman’s willingness to gressional commitment to extending we want to do all we can, and we are work on this issue. We have been able the life of Hubble. going to do all we can at whatever cost to accommodate other issues, and I am In closing, I again want to acknowl- is necessary to ensure their safety. edge the great leadership of the gen- sure we will this one. Just as steel is The money that we put into NASA grows tleman from New York (Mr. BOEH- made by combining iron and other ele- exponentially when we consider the scientific LERT), the ranking member, the gen- ments, by combining our two bills, we and technological spin-offs that space explo- tleman from Tennessee (Mr. GORDON), have a stronger bill, and I am sure we ration provides. Experiments conducted on the and the subcommittee chairman, the will work this out. Space Shuttle and International Space Station gentleman from California (Mr. CAL- Mr. BOEHLERT. Mr. Chairman, I expand health research and move us toward VERT), for their work on the bill. This yield 2 minutes to the gentleman from cures for some of our most threatening dis- legislation has truly been the result of Texas (Mr. HALL), a valued member of eases. Microgravity experiments in the 1990s productive and positive dialogue and the committee. All members on the led to advances in antibiotics to fight infec- negotiations on both sides of the aisle. committee are valued, but this guy is tions. These experiments also unlocked se- The staff has done a marvelous job in valued for so many reasons. One is be- crets to protein growth that produced medi- bringing us together as well. I believe cause he brings intellectual curiosity cines to treat patients who have suffered from this is the right policy for NASA, and to the committee and he also brings it strokes and to prepare them for open-heart I urge Members to support its passage. with a sense of wit that has us smiling Mr. BOEHLERT. Mr. Chairman, I even at some of the most tense times. surgery. Americans suffering from osteoporo- yield myself such time as I may con- (Mr. HALL asked and was given per- sis also benefit from bone-density experiments sume. mission to revise and extend his re- conducted on the International Space Station I want to thank the gentleman from marks.) in microgravity environments. These tests ac- Colorado (Mr. UDALL) for his remarks Mr. HALL. Mr. Chairman, I thank celerated the clinical trials of a drug that is ex- and the gentleman from Tennessee (Mr. the gentleman for his kind words, and pected to be on the market soon. From the GORDON) for his remarks. for the hard work he and the group development of MRI technology to microchips, A lot of people will look at this bill have put in. the scientific partnerships between NASA and and wonder how we got here today, Mr. Chairman, as we wait to launch American universities and companies ensure with seemingly widespread support, Discovery on another vital mission to our Nation’s viability, increase our Nation’s and I think that will be proven when the International Space Station, Con- competitiveness, and help drive our economy. the vote actually occurs, because we gress is moving forward with legisla- I urge Members to pass this bill with started out with clear differences. We tion that celebrates and supports the the space shuttle and International are not talking about petty cash, we Space Shuttle fleet, as well as putting Space Station. I thank everybody in- are talking about $30-plus billion over our country on a new vision for space volved. the next 2 years, but we got to this exploration. Mr. GORDON. Mr. Chairman, I yield point because we reasoned together. When President Bush announced the 3 minutes to the gentleman from Cali- The professional staffs, and I empha- new vision for space in January 2004, I fornia (Mr. HONDA), a very active mem- size the word, and Members worked in was really excited to see that NASA ber of the committee. a bipartisan manner to fashion com- had a new direction and a new focus for Mr. HONDA. Mr. Chairman, I would promise, and this is the product that the future. Our ventures into space not like to share my thanks to the gen- we have here today. only keep our country at the forefront tleman from New York (Mr. BOEHLERT) Mr. GORDON. Mr. Chairman, will the of exploration and innovation, but they and the gentleman from California (Mr. gentleman yield? are also vital to our economy and very CALVERT) and the ranking members, Mr. BOEHLERT. I yield to the gen- vital to our national security. the gentleman from Tennessee (Mr. tleman from Tennessee. This new vision sets America on a GORDON) and the gentleman from Colo- Mr. GORDON. Mr. Chairman, I would course toward the Moon and toward rado (Mr. UDALL), and their staff for all like to engage in a colloquy with the Mars, and we should embrace this of the work they have done in pro- gentleman from New York (Mr. BOEH- dream and work to make it a reality. ducing a bill that we all can support.

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.014 H22JYPT1 H6340 CONGRESSIONAL RECORD — HOUSE July 22, 2005 I think Members sometimes wish Mr. BOEHLERT. Mr. Chairman, I mission that was set in place by our they could say that they sit on a com- yield 3 minutes to the gentleman from Founding Fathers over 225 years. mittee that is working well and being California (Mr. ROHRABACHER), the I again congratulate those who have productive, and I am one such Member former chairman of the subcommittee reached a bipartisan consensus in this that can say that. Our chairman, the who helped immeasurably to get us bill today, and I am very proud that chairman of the subcommittee, and our where we are today. over my 18 years in Congress the Com- ranking members have put together a Mr. ROHRABACHER. Mr. Chairman, mittee on Science has always dem- very, very good bill that all of us can I rise in support of this legislation, this onstrated bipartisanship in this com- be very proud of. It focuses not only on authorization bill. I want to congratu- mittee. NASA, but also on the productivity of late the gentleman from New York Mr. GORDON. Mr. Chairman, I yield this country. (Chairman BOEHLERT) and the ranking 3 minutes to the gentleman from I was concerned, however, along with member, the gentleman from Ten- Rhode Island (Mr. KENNEDY). many other members of the com- nessee (Mr. GORDON), for a job well Mr. KENNEDY of Rhode Island. Mr. mittee, that a singular focus on done. I especially want to congratulate Chairman, I want to thank the gen- manned space exploration was going to the gentleman from California (Mr. tleman from Tennessee (Mr. GORDON), drain resources from other parts of CALVERT), who has taken over the posi- ranking member, and also the gen- NASA’s mission. Outstanding scientific tion of chairman of the subcommittee, tleman from New York (Chairman work, such as that being done at and the ranking member, the gen- BOEHLERT) for their leadership in this NASA’s Ames Research Center, in tleman from Colorado (Mr. UDALL). matter. fields such as astrobiology, the life Good job. It is a good job for America, I am excited once again to see our sciences, and nanotechnology, was los- good job for NASA and a good job for Nation inspired by space travel with ing out in a battle for resources with the future. the imminent launch of Discovery and short-term acquisitions for exploration In its short history, I believe NASA the recent success of the Deep Impact systems. In addition, air traffic man- has done more than any other govern- mission. That was an extraordinary agement and other important aviation mental agency to inspire generations success. and aeronautic programs were being of America’s youth to pursue careers in Creating new and far-reaching goals, given the short shrift. science and engineering and thus pro- such as the Moon landing and the I am pleased that the bill enables us pel the United States and the world International Space Station, and sub- to move forward in exploration, science into an era of technology that has ele- sequent conquering of these goals, is and aviation which are critical not vated the human condition to what, one of the great legacies of NASA. only to manned space exploration but only a few decades ago, was beyond However, I remain concerned that also to other NASA priorities. I hope imagination. the narrow focus on the Mars mission that this balance will ensure that ex- that has been proposed by the Presi- b 1015 isting scientific and technical collabo- dent may limit other critical science rations such as the University Affili- Now at a time of intense global com- initiatives that have played an integral ated Research Center collaboration be- petition, NASA plays a vital role for role in the evolution of NASA. I think tween Ames and the University of Cali- our country both in inspiration and in that a lot has been done in this bill to fornia at Santa Cruz and Carnegie Mel- technology development. America’s give the NASA administrator the flexi- lon University’s West Coast campus at success in the future depends on it. bility to be able to accommodate the Ames will continue as envisioned. In just a few short months, NASA ad- various changes that will be necessary The bill also brings some rationality ministrator Michael Griffin has shown as time moves on. But we all know the to the agency’s workforce strategy. tremendous leadership in transforming lesson that has been taught us in The process had appeared to be driven an agency from a maintenance-ori- NASA’s history so far, and that is that by a desire to shed civil servants solely ented mindset to a mission-oriented we have to have continuity if we are to reduce the number of employees mindset. Dr. Griffin is fully behind the going to have success. without much thought about the com- President’s Vision for Space Explo- Every administration cannot come petencies that would be lost. The work- ration, and I am confident that he is up and say, I want my new initiative, force strategy required by the bill will the right man at the helm to guide and then the next President comes in ensure the workforce has the appro- NASA to achieve the vision and to and says, I want my new initiative. priate skills to get the job done, and achieve goals that will uplift all of hu- And, in fact, there is no way that it is the bill allows the NASA Federal em- mankind and especially our own coun- going to be successful unless we have a ployees unions to participate in the try. kind of well-thought-through decision process. Although these are exciting times for where the country comes to a decision I am grateful that the chairman ac- NASA, these are also challenging that this is going to be the goal. cepted into the manager’s amendment times. Hard decisions will have to be And one of the things that I was con- my amendment which extended the made as the administrator and all of us cerned with is that the President bill’s moratorium on reduction in force have to prioritize spending. The pres- seemed to put this new direction out or involuntary separations to make it sure of a constrained budget, expensive like it was a press release and did not, consistent with Acting Administrator legacy missions, and future program in my view, seem to bring in all of the Gregory’s testimony to our committee. developments of the Crew Exploration different points of view as to what were I will end by noting that I am pleased Vehicle and other exploration initia- going to be the various options, the that the bill seeks to honor our exist- tives will require creative and bold various courses of action for the future ing international partnerships on the spending cuts as well as an expansive of NASA. Were we going to put the International Space Station. I am par- partnership with the private sector. money into the life sciences, or were ticularly supportive of continuing our The administrator will need our sup- we simply going to put vehicles into partnership in biological research on port for making those tough decisions. space? What was going to be the meas- the International Space Station. I am NASA’s success, America’s success de- ure of success in the future? These are glad the bill contains language sup- pends upon it. the kinds of questions that I think porting life science work on the space NASA cannot be an agency that does need to continue to be asked. And my station. everything for everyone, or it will not only concern is that we would embark To accomplish this work, the space be able to accomplish anything for upon a path that is so stringent it station will need the centrifuge mod- anybody. It needs to have a clear focus would leave us no flexibility to move in ule, and I am glad the manager’s and vision, and it needs to execute that other directions. amendment notes that nothing in this vision as well. Let us stand proudly be- I thank the ranking member for bill prevents the centrifuge from fly- hind NASA and its new administrator. yielding me this time. ing. Let us make sure that America leads Mr. BOEHLERT. Mr. Chairman, I I thank the chairmen, the ranking the world into this new frontier and yield 2 minutes to the gentleman from members and all of the staff. elevates all of humankind, as was our Florida (Mr. FEENEY), a very valuable

VerDate Aug 04 2004 00:44 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.017 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6341 member of the committee, relatively that we work to provide NASA with a the manager’s amendment, asks for new member; but he brings to the com- focused mission, including, but not proof as to why that cannot be done. mittee the leadership qualities he dem- limited to, human space flight, but That is a constructive way to look at onstrated in the Florida legislature, avoid overloading and micromanaging that problem of downsizing the space and we frequently turn to him for this great agency and its leadership. station, which I think does not serve counsel as we are dealing with these Mr. GORDON. Mr. Chairman, I yield the program very well. thorny matters. 21⁄2 minutes to the gentlewoman from Let me also say that I am very (Mr. FEENEY asked and was given Texas (Ms. JACKSON-LEE), a valuable pleased because of the work of the permission to revise and extend his re- and active member of our committee. ranking member in the subcommittee, marks.) Ms. JACKSON-LEE of Texas. Mr. as we have worked together on this Mr. FEENEY. Mr. Chairman, I am Chairman, I thank the distinguished issue, concerning the constituents who very grateful today for the leadership ranking member for his leadership. I live around airports; and I have in my of the gentleman from New York thank the chairman for the tone of congressional district the Houston (Chairman BOEHLERT) for the advance- collegiality and purpose that he sets in International Airport, one of the num- ment of science in general and space this committee. I thank the gentleman ber one airports, or one of the largest science in particular. I am grateful from California (Mr. CALVERT), chair- airports in the Nation, that we have in that the gentleman from California man of the subcommittee, for his re- this document the ability to provide (Mr. CALVERT), our chairman of the newed vigor on the idea of space, and research on noise levels so that the subcommittee, is about to pass the certainly the leadership of the ranking noise levels of airports will not go be- first authorization bill for NASA in member of the subcommittee for his yond the contents of this particular some 5 years. forceful support of science and the en- area, so that from the research that It is important now that the Presi- vironment. will be in this legislation, the word dent has laid out a grand new vision for Mr. Chairman, H.R. 3070 allows shall go out to all those who live the future of space that Congress weigh America to dream, but at the same around airports, because we know that in and participate, and this is our first time it allows America to generate re- populations have grown around air- opportunity on the House floor. I am sults. I am gratified to rise in enthusi- ports, that they might be free at least grateful for both the gentleman from astic support of this legislation be- from the sound of those airplanes tak- New York (Chairman BOEHLERT) and cause it is a compilation of the views ing off. Let me quickly conclude by saying the gentleman from California (Mr. and interests of a wide range of those that I am grateful that in this par- CALVERT), but I too want to suggest of us who are committed to a forceful ticular legislation I have amendments that it is important we have a bipar- and determined vision for science in that provide for a report on how much tisan consensus so that the gentleman America. It is not limited to the vision money is spent on safety, how impor- from Tennessee (Mr. GORDON), ranking of space, although we in Houston un- tant that is as we launch our discovery. member, and the gentleman from Colo- derstand that though we heard the Also, a new safety commission, which I rado (Mr. UDALL) have played an im- words ‘‘Houston, there is a problem,’’ will talk about more extensively, deal- portant role in making sure that this is we now know ‘‘Houston, we can ing with the International Space Sta- a United States space vision, not a dream.’’ tion that will in this legislation as Bush vision, not a Democratic or Re- I live amongst astronauts and sci- well, and finally an amendment that publican vision; and this is a great op- entists who have for decades com- gives us equal access to education pro- mitted themselves to the science of portunity to start in this new millen- grams that provide for those new engi- space and the results that come about nium. neers. And, of course, Mike Griffin has done through that. They are brave men and I think this is a good bill. I ask my a terrific job. He has got a background women and families, who every day colleagues to support it. with more science credentials than rally around their astronauts and allow I rise as a vigorous supporter of this NASA some entire science departments at them to do things that others of us Authorization bill, which I am proud to say, universities; and he has proven that he simply dream to do. passed by a unanimous vote of the Science can take the bull by the horns, change This legislation captures that spirit, Committee. Let me thank Chairman BOEHLERT the entire attitude and culture at but it also is a commonsense initiative. and Ranking Member GORDON for their out- NASA in a positive way. And that is For example, I am gratified, as the gen- standing work in making this consensus legis- going to be necessary because in the tleman from Colorado (Mr. UDALL) ex- lation that takes into consideration all points of aftermath of the Columbia accident, pressed, through his leadership we have view. NASA is at a very pivotal moment in its many on Capitol Hill and many in the firewalls between science and human history and therefore it is the responsibility of space community observed there was a space flight so that we do have the dol- this Congress to ensure that the future of drift in the American human space lars necessary to set aside for science, NASA is one of continued progress. After the flight program. The President re- building up our very poor resources and tragic Colombia Space Shuttle accident the sponded with the Vision for Space Ex- engineers and physicists and chemists Science Committee and this Congress were ploration, and I am pleased that this and biologists and at the same time we forced to reevaluate NASA’s purpose. I have bill embraces that vision and enjoys have this commitment to human space stated that safety must be the number one pri- such broad bipartisan support. flight. ority of NASA; however this should not deter America’s Vision for Space Explo- For example, we are able to give a NASA from pushing the boundaries of tech- ration provides a logical pace and sus- long-term commitment to this project. nology and discovery. I feel confident that this tainable transition from current vehi- Funding for fiscal year 2006 is about Authorization addresses both safety and dis- cles and missions to an exploration and $6.5 billion, which is approximately $15 covery in a comprehensive manner. science agenda that breaks out of low million more than the President’s re- I have been supportive of President Bush’s Earth orbit and ensures America will quest. We go on to authorize it in the Vision for Space Exploration because I firmly be a spacefaring Nation for generations years to come to give us a sense of con- believe that the investment we make today in to come. America will return the Shut- sistency, which I think is extremely science and exploration will pay large divi- tle to flight, complete the Inter- important. dends in the future. Similarly, I do not want to national Space Station, and then ex- Might I for a moment say that I will put a cap on the frontiers of our discovery, tend our presence to the Moon, Mars, be supporting the manager’s amend- NASA should aim high and continue to push and beyond. ment, and I appreciate what the gen- our nation at the forefront of space explo- The Columbia Accident Investigation tleman from New York (Chairman ration. The President has stated that the fun- Board correctly observed that NASA BOEHLERT) had to do on the Inter- damental goal of his directive for the Nation’s ‘‘is an organization straining to do too national Space Station; however, I space exploration program is ‘‘. . . to advance much with too little.’’ As this bill want the space station to be able to U.S. scientific, security, and economic inter- moves forward in the legislative proc- house six persons and disappointed if ests through a robust space exploration pro- ess, I hope that the lessons learned Dr. Griffin will pull back on that, but gram.’’ I could not agree more with that state- apply to Congress as well as to NASA, I am gratified that this amendment, ment and I believe this Authorization finally

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K22JY7.019 H22JYPT1 H6342 CONGRESSIONAL RECORD — HOUSE July 22, 2005 gives more detail and purpose to the overall whether this new ocean will be a sea of peace b 1030 mission. or a new terrifying theater of war... The great British explorer George Mallory, who Mr. Chairman, I want to commend This bill authorizes funding for the National Chairman Boehlert and Ranking Mem- Aeronautics and Space Administration for fis- was to die on Mount Everest, was asked why did he want to climb it. He said because it is ber GORDON for producing a thoughtful cal year 2006 and fiscal year 2007. Funding there. Well space is there, and we’re going to and balanced authorization for NASA. for fiscal year 2006 is $16.471 billion, which is climb it. And the moon and the planets are In addition, I want to thank Sub- approximately $15 million more than the Presi- there. And new hopes for knowledge and committee Chairman Calvert and also dent’s request and the same as House Appro- peace are there. And therefore, as we set sail, Ranking Subcommittee Member Udall. priations. For fiscal year 2007, the bill author- we ask God’s blessing, on the most haz- NASA not only inspires the imagina- izes $16.962 billion, which is the same as the ardous, and dangerous, and greatest adven- tion of our people through its space ex- President’s request. This legislation also di- ture, on which man has ever embarked. ploration programs, it funds important rects NASA to strive to return Americans to I hope that we can look back to today as research and development work in aer- the Moon no later than 2020, launch a Crew another step in this grand journey for explo- onautics, communications, and Earth Exploration Vehicle as close to 2010 as pos- ration. sciences. The work of NASA maintains sible, and conduct research on the impacts of Mr. BOEHLERT. Mr. Chairman, I our preeminence in engineering and space on the human body to enable long-du- yield 3 minutes to the gentleman from sciences. As we have heard so often ration space exploration. These provisions Texas (Mr. SMITH), who has contributed over the years, NASA’s work lays the give more shape to the President Vision for so much for so long to the workings of foundation for the creation of new in- Space Exploration. the committee. dustries and new products that im- I am also very pleased that many of my Mr. SMITH of Texas. Mr. Chairman, prove our daily lives. amendments regarding safety and equal ac- first of all, I would like to thank the Mr. Chairman, I intended to offer an cess to NASA education programs are written gentleman from New York, the chair- amendment today to ensure that NASA into this legislation. The first amendment I ad- man of the Committee on Science, for would spend U.S. tax dollars here in vocated for requires that NASA report how yielding me this time. But I would also the United States. We may not be able much money is used for safety activities on a like to thank him for his initiative, for to stop major corporations here in the yearly basis. This provision is designed to en- his leadership, and for his enthusiasm United States from outsourcing jobs, sure the safety of NASA personnel through whenever it comes to space issues. but we should be able to assure the Mr. Chairman, I strongly support the governmental transparency. It is important to American people that their tax money, NASA authorization bill, as do most examine whether proper resources are being whenever possible, stays here in the Americans. A recent Gallup survey allocated towards ensuring the safety of our United States. When NASA spends tax shows that almost 80 percent of the NASA personnel. My amendment addresses money on contracts, goods and serv- American people support space explo- how the money is allocated and how much is ices, they should spend that money ration. here in the United States whenever going specifically to address safety concerns. As the country gathers to witness In addition, the Science Committee included possible. And when NASA enters into NASA’s return to flight in the launch my second amendment which calls for an contracts with contractors and sub- of the Space Shuttle Discovery, a new independent Presidentially-appointed commis- contractors, they should be able to as- generation of young people will be in- sion to investigate safety aboard the ISS. This sure the Congress and the American spired and older generations will honor amendment was introduced in the form of people that those contractors that are the pioneers of the Apollo program. hired will spend the money here in the H.R. 4522, the International Space Station The launch of the Space Shuttle Dis- Independent Safety Commission Act of 2004 United States for goods, services and covery is historic. It represents the first for employees. which I introduced in the 108th Congress. This step towards our bold new vision for vital piece of legislation can potentially make I have been assured by the committee space exploration, a vision that takes leadership that that is their goal as all the difference for the international crew that us and our international partners back is stationed aboard the ISS. It is one of our well and I intend to work with them to to the International Space Station, re- accomplish this goal. Let me again most important NASA programs and therefore turns our Nation to the surface of the we must ensure that all safety precautions commend the gentleman from Ten- Moon, and directs our gaze towards nessee (Mr. GORDON) and the gentleman have been met. Mars and beyond. My final amendment that was included was from New York (Mr. BOEHLERT) for The exploration of space is about their leadership, and I appreciate their meant to ensure Equal Access to NASA’s hope, imagination, and new tech- Education Programs, in which the Adminis- cooperation in working with me on this nology. The Space Shuttle and re- matter. Therefore, I will not be offer- trator shall strive to ensure equal access for search programs on the International minority and economically disadvantaged stu- ing the amendment today. Space Station will help us maintain Mr. BOEHLERT. Just let me say to dents to NASA’s Education programs. Space our Nation’s leadership role in a glob- the gentleman from Illinois how much exploration is one the most amazing things we ally competitive economy. we value his many contributions to the have been able to do, and such enthusiasm Americans of all ages and back- committee and how much we look for- for exploratory ventures should continue for grounds support our human spaceflight ward to a continuing productive work- generations. By striving to include minority and program because they have a clear un- ing relationship. disadvantaged students in NASA Education derstanding that it has changed our Mr. Chairman, I yield such time as Programs, we are opening a truly remarkable lives and is critical to our Nation’s fu- she may consume to the distinguished career to those who might have missed it. ture. The launch of the Discovery and gentlewoman from Virginia (Mrs. JO In sum, this legislation is both comprehen- continued research on the Inter- ANN DAVIS). sive and provides a strong blueprint for NASA national Space Station are part of the Mrs. JO ANN DAVIS of Virginia. Mr. to follow. We as a Congress must approve vision that will carry us to new fron- Chairman, I am deeply concerned that this legislation and once again recommit our- tiers in both space and technology. NASA’s diminishing investment in aer- selves to space exploration. Truly, we as a na- Mr. Chairman, I hope our colleagues onautics research and development tion have come a long way in the area of will support this legislation. Again, I will, in time, jeopardize the health of space exploration since President John F. want to thank the gentleman from New our aerospace industry as well as jeop- Kennedy set the course for our Nation when York for his leadership on this subject. ardize the ability of the Pentagon to he stated in a speech at Rice University in Mr. GORDON. Mr. Chairman, I yield develop and field aircraft to defend our 1962: 2 minutes to the gentleman from Illi- homeland and to carry troops and ma- We set sail on this new sea because there is nois (Mr. COSTELLO), second ranking teriel to distant battles. NASA’s in- new knowledge to be gained, and new rights member on the Committee on Science. vestment in aeronautics research and to be won, and they must be won and used Mr. COSTELLO. Mr. Chairman, I development has shrunk by half since for the progress of all people. For space science, like nuclear science and technology, thank the ranking member for yielding 1998 and the agency’s proposed 5-year has no conscience of its own. Whether it will me this time. budget continues this downward trend. become a force for good or ill depends on Mr. Chairman, I rise in strong sup- This has got to stop. man, and only if the United States occupies port of H.R. 3070 and ask my colleagues Over the decades, NASA researchers a position of preeminence can we help decide to support this legislation. and engineers have made incalculable

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A22JY7.005 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6343 contributions to aviation safety, effi- search and technology. We must not lions that are being committed to go to ciency, and noise and emission reduc- fall behind other countries in this field, space travel, come at the expense of tions. The current challenges facing for this has been a major reason why cleaning up Superfund sites, of building the aerospace industry are no less we have been able to remain on the transportation, of providing health daunting as we seek to transform the cutting edge with innovations. If the care and providing housing. The coun- Nation’s commercial aviation system, United States wants to continue to be try may decide in context to go for- avoid aviation gridlock, and to con- on the technological forefront, NASA ward with that, but we need to have tinue to sustain America’s pre- authorization must have a balanced ap- that decision put before us in an ex- eminence in the world’s aerospace mar- proach that includes a strong dedica- plicit way. ketplace. tion to science, aeronautics, and PUBLIC SUPPORT CAN’T FLY IF MANNED Is it the gentleman from New York’s human exploration. FLIGHTS REMAIN COSTLY AND AIMLESS intention to work for a stronger aero- As we move toward a new era in NASA’s Deep Impact probe, which smashed nautics research and development pro- science and technology, the most im- into a comet Monday, was a big hit. In fact, gram? portant aspect of being globally com- it was a billion hits. That’s how many com- Mr. BOEHLERT. Mr. Chairman, will petitive is developing young scientists. puter ‘‘hits’’ NASA’s website recorded in just 24 hours around the event. the gentlewoman yield? We must have a firm commitment to This deep interest in Deep Impact is illus- Mrs. JO ANN DAVIS of Virginia. I educating our young people. Therefore, trative of a new reality that the human yield to the gentleman from New York. this Congress needs a comprehensive space program confronts as it gears up for Mr. BOEHLERT. Mr. Chairman, I authorization that addresses the needs next week’s planned return of the shuttle. could not agree with the gentlewoman of developing and retaining our best Robotic probes, once the domain of pointy- from Virginia more. Aeronautics R&D scientists. headed academics, have become NASA’s new must remain a vital component of stars. During a time of extreme divisive- The probes have always generated more NASA’s mission, and the bill before us ness in this Congress, I am very proud science. Now they generate more enthusiasm contains several provisions to reverse, to say that this bill is a bipartisan and romance. They are cheaper, faster and as the gentlewoman said, the down- compromise. I hope my colleagues will more exciting. They go farther and stay ward trend. First, we increase the au- join me in supporting this important longer. They explore the frontiers of the cos- thorization numbers for aeronautics piece of legislation. mos. above those requested by the adminis- Mr. GORDON. Mr. Chairman, I yield What’s more, they make better use of the pre-eminent technology of our times, the tration. Incidentally, the gentlewoman 11⁄2 minutes to the gentleman from Internet. Thanks to signals sent back by the should take some credit for that be- Massachusetts (Mr. FRANK). Mars rovers Spirit and Opportunity, the Red cause I know how strongly she feels Mr. FRANK of Massachusetts. Mr. Planet has been ‘‘visited’’ a little more than about it and her representations to the Chairman, I salute the work of the 670 million times since January of last year. committee have not gone unnoticed. committee. I know that the ranking When and if astronauts arrive there, the Second, we direct NASA to develop a member has done an excellent job, the product they provide the Internet consumer national aeronautics policy to help chairman has been a diligent supporter will be, in many respects, inferior. No sooner guide the agency’s investment in the of science and of scientific freedom and would they arrive than attention would shift years ahead and to ensure that we have I admire that, but I do want to express to getting them home safely. Rovers, on the other hand, plow on, month after month, the proper people and facilities to sup- my profound disagreement on policy sending data, living off nothing but sun- port these efforts. terms with much of this bill. shine. Finally, we direct NASA to better Mr. Chairman, we have held up for For its 22-year history, USA TODAY has manage its wind tunnels and test fa- years now a transportation bill, lit- been an avid supporter of the human space cilities to ensure they are accessible erally years, because we are quarreling program. We continue to believe it should be and cost competitive. The Science over the amount of money. To commit maintained for such a day when engineers Committee is committed to ensuring billions of dollars to go to Mars when find a way of bringing down its costs, mak- ing more ambitious projects possible. that aeronautics remains a key part of we are not providing the funds for But it’s impossible to deny its current sta- NASA’s mission, and we look forward Americans to go from one city to an- tus as a cure for insomnia. The International to working with the gentlewoman now other is simply a waste of money. The Space Station, its main focus for the past and in the years to come to keep aero- Mars money is in a zero-sum situation, decade, orbits in near oblivion. The shuttle nautics front and center. and to commit $3 billion now, I am doesn’t really go anywhere. Sadly, it makes Mrs. JO ANN DAVIS of Virginia. I told, and billions more in the future to headlines only when its flights end in trag- thank the gentleman for those assur- go to Mars when day after day when edy. The launch of Discovery, scheduled for ances. appropriations bills come up we are Wednesday, night generate attention, but only because of its novelty as the first in Mr. GORDON. Mr. Chairman, I yield told, no, we can’t do enough for hous- more than two years. President Bush’s plan 2 minutes to the gentlewoman from ing and we can’t do enough for health for sending astronauts back to the moon and Texas (Ms. EDDIE BERNICE JOHNSON). care, and the appropriators say, look, on to Mars, announced in 2003, was met by Ms. EDDIE BERNICE JOHNSON of we agree with you, it’s a good program public apathy and unfavorable polls. Having Texas. Mr. Chairman, let me hasten to we’re cutting, we wish we had more, pushed budget deficits to the moon, he also thank the chairman of the committee but we then set aside billions for Mars. has no plan to pay for it. and the ranking member for continuing Indeed, I think this is a fundamental Nevertheless, Bush and Congress seem ob- to work together. In our usual fashion, debate that the country ought to have. livious. They are intent on a vision whose main impact is not to explore space but to we have an agreed bill. I hope we will see a bill that will put channel money to aerospace companies and I rise today to say that I fully sup- this question about whether or not we bureaucracies. port this bill and also to talk a little commit these untold billions to go to NASA is embarking on a costly shuttle re- bit about the importance of NASA. For Mars coming at the expense of other placement program, when far cheaper op- decades, NASA has attracted some of important programs before us. tions exist. This project is being undertaken our best and brightest. The scientific On this whole question of our prior- in the name of Bush’s moon-Mars plan, an ities, I was struck on July 7 by a very iffy prospect at best. and technological advances developed Even now, in the early stages, almost two by the NASA program have truly been thoughtful editorial in USA Today, thirds of NASA’s budget, a little less than unmatched. From athletic shoes to with which I agreed, which called for a $10 billion annually, goes into human space breast cancer screening, NASA has diminution of human space and more of programs—the shuttle fleet, the Space Sta- touched almost every aspect of our the sort of scientific space travel that tion and Bush’s plan. lives. It is difficult to imagine what has in fact been so beneficial. Under NASA, to its credit, did come up with an our lives would be like if not for the the General Leave, I am going to insert elegant and cost-effective way of continuing race to space. this as well as a rebuttal from Mr. Grif- the human space program without having it eat up most of its funding. The so-called Or- NASA plays a key part in developing fin, but I believe, particularly now, bital Space Plane was to have been lifted new technology and innovations. that we have to talk about the prior- into space atop existing commercial rockets. Underfunding or dismantling parts of ities. These are not separate entities. Alas, the idea was too good to survive. Law- NASA will negatively impact new re- The money that goes, the tens of bil- makers representing aerospace contractors

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.022 H22JYPT1 H6344 CONGRESSIONAL RECORD — HOUSE July 22, 2005 and major NASA employment centers made Mr. GORDON. Mr. Chairman, I yield very hard. And our Space Sub- sure it died. 1 minute to the gentleman from Arkan- committee staff led by Bill Adkins. That has left the space program on a cost- sas (Mr. SNYDER). That staff includes Ed Feddeman, Tom ly and uncertain trajectory. The shuttle re- placement might get built by 2014, or even Mr. SNYDER. Mr. Chairman, I rise to Hammond, Johannes Loschnigg, Ken 2010, as some people hope. Or it might end up commend my colleagues today. We are Monroe and Roselee Roberts, Shep like the X–33 and the National Launch Sys- having a very sweet garden party here Ryan and Kristi Karls, all of whom tem, two programs abandoned when their this morning. But I hope the gen- have put countless hours into this bill. costs became clear. The moon-Mars idea is tleman from New York (Mr. BOEH- We sometimes need to stop and think even more problematic, requiring increasing LERT), the gentleman from California about it all. We will work maybe into allocations of money from future presidents. (Mr. CALVERT), the gentleman from What does appear certain is that law- the evening, sometimes into the wee makers will pump vast amounts of money Tennessee (Mr. GORDON) and others on hours of the morning and then we into a directionless human space program their committee appreciate that we ap- shake hands and we say, Okay, staff, just as the public’s attention has shifted preciate how much hard work went take care of it. And we go home and away. into this. We have not had an author- sometimes they do all-nighters. They That’s too bad. After watching Deep Im- ization bill. This is a 2-year authoriza- are truly dedicated. They are also very pact and other robotic missions of late, it’s tion bill. There was a lot of hard work professional, Democrat, Republican. clear that NASA’s science division has be- that went into this. We appreciate how Thank you, thank you, thank you. come a veritable hit machine. It would be And I want to thank Tim Brown of fascinating to see what it could do if set much work you did for this bill. loose. This is a 2-year bill, covering fiscal the Legislative Counsel’s office who years 2006 and 2007. I just want to make was very helpful to us. I also want to WE, NOT ROBOTS, KNOW WHAT WE NEED FROM the point that as soon as this thing thank Dick Obermann and Chuck At- OUR TRAVELS, DISCOVERIES gets signed into law, and we hope that kins. They worked with us to craft on (By Michael Griffin) it does, you will be thinking again a bipartisan basis a really outstanding Within the lifetime of a baby born this about what the next authorization is bill. I also want to thank Dave Ramey Fourth of July—the day NASA’s Deep Im- going to look like. That is the nature and Deena Contreras from the personal pact spacecraft collided with the comet of this process. It builds in a further staff of the gentleman from California Tempel 1 (late on July 3 in the western look. (Mr. CALVERT). What a splendid job USA), and also the 1,705th consecutive day of human occupancy onboard the International Last night I wish we had had that they did. Space Station—human pioneers will build same opportunity. As one who had Let me end this by thanking the outposts on the moon and Mars, extract min- voted for the PATRIOT Act 4 years ago NASA team. He may be gone, but he is erals from large asteroids and construct and as one of the 171 who voted against not forgotten, the former Adminis- huge space telescopes to map the details of it last night, I believe we would have trator, Sean O’Keefe, who gave so continents on distant planets. had another 100 votes in support had we much to the program. The new Admin- This is the space program NASA will pur- had the built-in sunset provisions that istrator who has taken over the reins. sue, based on the premise that a robust pro- He is providing clear direction. gram of human and robotic space exploration the gentleman from California (Mr. will help fuel American creativity, innova- ROHRABACHER) and the gentleman from So many members of the committee tion, technology development and leader- Virginia (Mr. BOUCHER) had presented like to talk about the equal oppor- ship. to us in the motion to recommit. tunity society we have. We have got If history demonstrates anything, it is that Thank you for your work. I hope that equal opportunity in spades within the those nations that make a commitment to we will do better when this PATRIOT NASA program. It excites so many peo- exploration invariably benefit. Because of bill comes back from conference. ple. I take great pride in pointing out Britain’s centuries-long primacy in the mar- Mr. GORDON. Mr. Chairman, I yield that when the Space Shuttle returns to itime arts, variations on British systems of culture and government thrive across the myself the balance of my time. flight, the commander of that ship will globe. I believe that America, through its Let me just conclude by once again be a New Yorker, Eileen Collins. What mastery of human spaceflight, can shape the thanking all the parties in bringing a wonderful role model she is for all of cultures and societies of the future, in space this bill together. Also, let me say a us. The NASA team is just particularly and here on Earth, as the great nations of word to my friend from Massachusetts good. the past have shaped the cultures of today. who I think made a good point about Chris Shank, another former member This future is being purchased for the 15 priorities. In this bill, we tried to es- of our staff, and Tim Hughes, they did cents per day that the average taxpayer cur- tablish priorities. We have to make a lot to help. There are so many thank- rently provides for space exploration. Spaceflight is a continuation of the an- them in context to going to schools, you’s to go around, but most of all we cient human imperative to explore, discover picking up the garbage, all the things all thank this great Nation of ours for and understand; to settle new territory and that have to be done in this country. making possible this opportunity. to develop new ways to live and work. We But I hope that we have seen in the Mr. DREIER. Mr. Chairman, the bill we are need both robotic pathfinders and people in past that also benefits on Earth have considering today, H.R. 3070, the National our space journeys. As capable as our robots come about from our efforts in space, Aeronautics and Space Administration Author- are, a human explorer can move over new whether it is inspiring our youth to be ization Act, is an important piece of legislation, territory far more quickly than a robot, as- involved in math and science or the dif- especially because it is the first NASA author- sess and interpret the local environment, and make unexpected discoveries. In all ferent products that have been in- ization reported out of the Science Committee other human activities, we complement, but volved. in 5 years. I want to commend my good do not supplant, ourselves with our ma- But a good point has been made. We friends Mr. CALVERT, who Chairs the Space chines. Why should it be any different in need to have this balance. We want to and Aeronautics Subcommittee, and Mr. space? work with him and others to try to BOEHLERT, who Chairs the Full Committee, for As with all pioneering journeys into the have that balance. If we can’t explain working to get this bill before us. unknown, spaceflight is risky. Next week, if to you and justify to you the benefits NASA has undertaken a variety of missions all goes well, we will launch seven coura- over the years, and in my opinion some of the geous astronauts on the Space Shuttle Dis- of going to Mars, going to the Moon covery. A successful mission would give us and the other aeronautic aspects of most exciting have happened in the past 3 or greater confidence we can fly the shuttle NASA, then we haven’t done our job. 4 years. As my colleagues all know, I have the safely through its planned 2010 retirement, Mr. Chairman, I yield back the bal- privilege of representing NASA’s La Canada then move on into a new era of exploration. ance of my time. Flintridge-based Jet Propulsion Laboratory. I It is inconceivable to me that this nation Mr. BOEHLERT. Mr. Chairman, I was at JPL for Deep Impact, the mission that will ever abandon space exploration, either yield myself the balance of my time. occurred during the Fourth of July and in human or robotic. If this is so, then the prop- Let me conclude by thanking all the which NASA engineers successfully maneu- er debate in a world of limited resources is staff who worked so hard on this bill. over which goals to pursue. I have little vered a probe into a collision course with a doubt that the huge majority of Americans That is a lot of credit to go around. I comet. would prefer to invest their 15 cents per day want to thank David Goldston and Several of my colleagues, including Mr. in the exciting, outward-focused, destina- John Mimikakis and our new chief CALVERT and Mr. SCHIFF, joined me at JPL to tion-oriented program we are pursuing. counsel Sara Gray. They all worked so celebrate our Nation’s independence and to

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\A22JY7.007 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6345 witness this incredible event. This was the first celing SM–4, a Hubble Servicing mission, be- shifting of funding priorities is to be expected mission of its kind ever undertaken by NASA, cause the shuttle would not have the Inter- as NASA prepares to implement its new Vi- and it will give us new insight into the origins national Space Station as a safe haven. The sion for Space Exploration, my core concern of our solar system. Deep Impact is important implication was that shuttles that have the ISS has been the danger we face in losing the not only for the science that it will yield, but as a safe-haven are safer, but this claim is not long-term viability of NASA’s Science mission, also for the technical feat it represents. Tem- supported by NASA or STSI experts. and the risk we face in harming our Nation’s ple I, the comet into which Deep Impact was I am pleased to see Congress respond to ability to lead the rest of the world in scientific steered, was traveling at 23,000 miles per this decision, and to authorize a Hubble serv- and high-technology innovation. hour some 268 million miles from Earth. icing mission in the near future. Section 302 of I’m pleased that the bill before us addresses Deep Impact was not the first time I have base bill takes into consideration the rec- my concerns in three key areas. The in- been able to witness first hand the amazing ommendations of the National Academy of creases in science funding will go a long way things that NASA and its scientists are capa- Sciences, and states that ‘‘it is the sense of toward ensuring the long-term viability of ble of accomplishing. I was also at JPL in Jan- the Congress that the Hubble Space Tele- NASA’s in-house research and development uary of 2004 when the Mars Rover Spirit land- scope is an extraordinary instrument that has capability. To protect NASA’s top-notch talent ed. Both Rovers have far surpassed their ex- provided, and should continue to provide, an- and critical skills, the bill protects Civil Service pected operational life and are still making dis- swers to profound scientific questions . . . all workers by blocking any layoffs until February coveries on the Martian surface. Deep Impact, appropriate efforts should be expended to 2007. To ensure we honor our commitment to the Cassini-Huygens Probe, the Mars Rovers, complete the Space Shuttle servicing mission. the International Space Station, the bill ex- and many missions before them, are all exam- Upon successful completion of the planned re- presses the Sense of the Congress of the im- ples of what’s right with NASA. turn-to-flight schedule of the Space Shuttle, portant need to complete the centrifuge NASA’s missions are important not only for the schedule for a Space Shuttle servicing aboard the station, an important component of what we learn from them, but also for what mission to the Hubble Space Telescope shall the Space Station Biological Research Project, they inspire us to do. NASA’s missions and be determined, unless such a mission would which has the potential to yield enormous ben- educational programs give our youth a sense compromise astronaut safety.’’ efits for human systems understanding, a crit- of what is made possible by the sciences. I urge my colleagues to support this impor- ical need if we are going to safely send astro- Mathematics, engineering, and chemistry are tant legislation. nauts to Mars and back. all vitally important fields and are at the fore- Ms. ESHOO. Mr. Chairman, I rise today to Mr. Chairman, this is a good bill for NASA front of American innovation in the global pay tribute to the excellent work being carried and our nation’s innovation capability as a economy. Without federal investment in out daily by the men and women at NASA whole. I consider NASA, and the irreplaceable NASA-sponsored programs, we would lose an Ames Research Center, located in my district staff, expertise, and abilities housed at NASA important part of our technological edge in the in California’s Silicon Valley. Ames Research Center a national treasure, world. For over half a century, NASA Ames has and one that deserves our fullest support as it With the Space Shuttle’s imminent return to been one of the world’s premiere research continues to shape the technologies and un- flight, and so many other exciting missions on labs, leading the scientific community in a derstanding that will guide our nation in the the horizon, there is no reason why we cannot wide range of endeavors as it provides vital 21st Century. accomplish the bold vision that President Bush support to NASA’s core missions. Mr. LARSON of Connecticut. Mr. Chairman, has outlined for space exploration. As Dr. Located in the Silicon Valley, our nation’s I rise today in support of H.R. 3070, the Na- Charles Elachi has so aptly stated after being cutting-edge technology center, NASA Ames tional Aeronautics and Space Administration named Director of JPL, ‘‘We will continue to has created partnerships with leading univer- Authorization Act of 2005. In particular, I am do what has never been done before, and go sities and high-technology industry leaders, happy to see that important provisions in re- where no one has gone before.’’ I commend and brought the scientific, academic, and busi- gards to the future of our nation’s aeronautics the Members of the Science Committee for ness communities together in multifaceted ef- policy were included in the bill before us recognizing the important role that NASA forts to expand knowledge and explore the un- today. plays not only in our society, but in our econ- known. Over 4 years ago, the European Union un- omy as well, and urge my colleagues to sup- As NASA begins to rise to the challenges veiled its plan for gaining dominance in the port this legislation. laid out in the new Vision for Space Explo- global aerospace market entitled, ‘‘European Mr. CARDIN. Mr. Chairman, since 1990 the ration, NASA Ames will lead the way in mis- Aeronautics: A Vision for 2020.’’ This plan laid Hubble Space Telescope, HST, has inspired sion-enabling research within its core com- out an ambitious, $93 billion, 20-year agenda scientists and students’ alike. Unlike ground- petencies of astrobiology, advanced super- for winning global leadership in aeronautics based telescopes, HST is uninhibited by the computing, intelligent adaptive systems, entry and aviation. In stark contrast, however, NASA Earth’s atmosphere and therefore uniquely systems, and air traffic management systems. aeronautics funding has declined dramatically suited to capture images from distant space All but entry systems are uniquely resident at over the past decade, from a high of $1.54 bil- with high image clarity. HST allows us to look NASA Ames, and they represent the critical lion in 1994 to $906 million just last year. further back in time to the universe’s earliest skills, facilities and people that are needed to As a result, the United States has put its days. meet NASA’s mission, including the Vision for leadership in cutting edge aeronautics R&D at By design, the Hubble Telescope requires Space Exploration. risk. We are losing high paying jobs and intel- regular servicing missions. These missions Over the last decade, NASA Ames has lectual capital critical to our economy and na- have occurred in 1993, 1997, 1999, and 2002, taken full advantage of its strategic location to tional defense. The only way the U.S. can and the mission scheduled for 2004 was post- create new partnerships between the private continue to create high wage, high value jobs poned after the Columbia Shuttle tragedy. sector and federal researchers. Following the and maintain aerospace leadership is to inno- Servicing missions allow us to repair broken disestablishment of the Naval Air Station vate faster than the rest of the world. parts of the telescope and to add additional Moffett Field in 1991, NASA took the initiative To do this, we need an exciting and robust components that improve viewing abilities by to develop on existing federal property the NASA aeronautics program that not only revi- ten degrees or more. NASA Ames Research Park, which today is talizes current research but also fosters future Our next servicing mission would repair home to over 30 companies and over 13 uni- innovation. This requires a long term national three faulty gyroscopes that failed in April versities conducting collaborative research investment in critical research of emerging 2003. Without this mission, HST will continue with NASA. technologies and the training of highly skilled to operate in degraded mode. There is only a Thanks to this forward-thinking model for Americans to lead our aeronautics industry 50 percent chance that HST will be in oper- federal land reuse, major new construction into the future. ation past March 2007 without a servicing mis- plans are in motion, including a plan by the H.R. 3070 is a step in the right direction. sion. Beyond 2007, the chance for continued University of California to build a 120,000 While it does not authorize the levels of fund- operation of HST declines significantly. square-foot Bio-Info-Nano Convergence Re- ing necessary to fully robust NASA’s aero- On January 16, 2004 former NASA Adminis- search & Development Lab, a project which I nautics programs, it does authorize an addi- trator Sean O’Keefe informed workers at the have been proud to support. tional $60 million more than the President’s Space Telescope Science Institute at Johns Mr. Chairman, I, along with many of my col- FY06 budget request. In addition, the bill re- Hopkins University in Baltimore and NASA’s leagues, have expressed deep concerns in re- quires the President to answer Europe’s aero- Goddard Space Flight Center (which built cent months over proposed cuts to science nautics plan by developing a national aero- Hubble and oversees STScI) that he was can- funding within NASA’s budgets. While some nautics policy to guide NASA’s aeronautics

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A22JY7.011 H22JYPT1 H6346 CONGRESSIONAL RECORD — HOUSE July 22, 2005 programs through 2020. This is bill is a good Mr. REYES. Mr. Chairman, I rise in strong Mr. Chairman, I have the privilege to rep- start, but there is still much more that Con- support of H.R. 3070, the National Aeronautics resent the employees and contractors of gress can—and must—do to ensure that and Space Administration Authorization Act of NASA’s Marshall Space Flight Center in my America does not lose its edge in aeronautics 2005. congressional district. research. Technology and innovation are a vital force During the Apollo program, my constituents I applaud the work of Mr. GORDON, the rank- behind our Nation’s prosperity, and NASA were challenged to help lead mankind’s first ing member of the Science Committee and continues to advance our scientific, security, steps of exploration off of our planet Earth. Mr. UDALL, the ranking member on the Space and economic interests through its cutting- They responded by developing the Saturn 1, and Aeronautics Subcommittee, for their hard edge work. Saturn IB and the Saturn 5 rockets, and the work in ensuring that aeronautics R&D was NASA conducts flight training for the Space F1 and the J2 rocket engines. They developed not forgotten in this bill. Their efforts were inte- Shuttle program in my congressional district of the Lunar Roving Vehicle that transported as- gral in ensuring that many of the provisions of El Paso, Texas. My constituents have also tronauts on the lunar surface. They developed H.R. 2358, the Aeronautics Research and De- benefited from NASA programs that provide Skylab, America’s first crewed orbiting space velopment Revitalization Act, were included in local schools with funding to improve student station. the bill before us today. learning in science and mathematics. In addi- And today, they are ready to get on with the Again, I thank the members of the Science tion, small businesses in El Paso have re- hard work of finishing the job—permanently Committee for their dedication to the American ceived contracts with NASA, the University of extending mankind’s presence beyond Earth aeronautics industry, and look forward to con- Texas at El Paso has been awarded edu- orbit. tinuing to work with them to ensure that NASA cation grants, and local students have re- Mr. Chairman, as our Nation prepares for has the direction and resources necessary to ceived scholarships to study science and engi- the historic launch of the Shuttle Discovery once again make America the unsurpassed neering. and the return of America’s ability to launch aeronautics leader in the world. H.R. 3070 will help NASA advance its work humans into space, I will support this bal- Mr. GENE GREEN of Texas. Mr. Chairman, in my district and across America. anced legislation that we are considering I rise today in strong support of this bill to au- Mr. Chairman, I urge all of my colleagues to today. thorize funding for NASA programs over the give this important, bi-partisan bill their sup- Mr. HOYER. Mr. Chairman, I congratulate next two fiscal years. port. the Science Committee and Chairman BOEH- Over the years, NASA as a government Mr. CRAMER. Mr. Chairman, I rise to con- LERT and Ranking Member GORDON on bring- agency has stream lined and reduced their gratulate the Chairmen and Ranking Members ing to the floor a fair, balanced NASA author- cost and has done amazing research and de- of the Space and Aeronautics Subcommittee ization bill. The unanimous vote to report the veloped innovative technology. They are a and the Full Science Committee for bringing bill out of the committee is testament to the model agency which should be applauded as this bipartisan bill to the House Floor. positive outcome that results when Members a role model for other government agencies to I am a Member of the House Appropriations work together in a bipartisan fashion to make follow. Committee, and I have served on NASA’s good public policy. I am pleased this bill will authorize $150 mil- funding subcommittee for some years now. And this is a good bill for NASA, for God- lion for maintenance and repair of the Hubble Since the President first challenged NASA dard Space Flight Center in my district, and Space Telescope by a manned mission. As to permanently extend mankind’s presence the American people. The bill restores our in- this bill states, the Hubble telescope is an ‘‘ex- beyond Earth orbit, we have looked to the vestment in a more vigorous, forward-looking traordinary instrument’’ that has given us im- Science Committee to bring a bill to the Floor space agency and provides multi-year funding mense understanding and knowledge about that allows the full House to weigh in on this and detailed policy guidance to NASA at a the far reaching edges of the universe since new mission. critical time in the history of space exploration. its launch in 1990. Today we are considering a NASA author- NASA has a unique set of challenges as we I am also pleased this bill does not set a ization bill that thoughtfully addresses the fu- seek to return to flight and expand our reach specific date for the retirement of the space ture of our Nation’s space program. This may in space. What we do now will determine how shuttle. The shuttle has performed 113 flights well be one of the most critical NASA author- well we meet those challenges in the future. since 1981, and is crucial to our vision of ization bills in decades. That’s why I was pleased to see that the bill space exploration. While I agree we need to NASA has been given a bold challenge of included $150 million for a new servicing mis- move beyond the shuttle at some point, we exploration that calls for returning the Shuttle sion to the Hubble Space Telescope and a di- should not retire our only means for trans- fleet to flight, completing the International rective to NASA to devise a plan to send a porting humans into space without having a Space Station, returning to the Moon in little crew to repair the Hubble Telescope after replacement vehicle ready to continue that more than a decade, and future missions to completion of the currently planned space mission. Mars and beyond. shuttle mission. One of the most important benefits NASA This bill endorses NASA’s Vision for Space This funding is a clear recognition by the provides does not occur on the launch pad, in Exploration, and includes full funding for the Committee of the unique role that the Hubble the laboratories, or in space however, but in exploration activities. It recognizes the impor- Space Telescope plays in broadening our sci- the classrooms of schools across this country. tance of returning the Space Shuttle fleet to entific understanding of the observable uni- NASA is to science and math, what the Na- flight as the first step in the exploration vision. verse. I applaud the call for a manned serv- tional Football League and the National Bas- It highlights the importance of scientific re- icing mission to repair Hubble and extend its ketball Association are to amateur sports; our search onboard the International Space Sta- life so that future generations will be able to space program inspires high school, middle tion. And this legislation preserves and further understand and explore distant gal- school, and even elementary school students strengthens Space and Earth science. axies and the mysteries of space. I look for- to take an interest in math and science. The bill also helps ensure that the agency ward to working with my colleagues to make Since 1997, I have had the privilege of hav- will have strong management plans for its sure that a new servicing mission is ade- ing NASA astronauts visit middle schools in workforce and for its facilities. And I hope that quately funded and supported. the congressional district I represent. The we can continue to strengthen this bill in con- The bill also renews focus on the signifi- interaction of these middle school students ference. cance and future of science research. While with the astronauts and the questions they ask In particular, it is important that Congress Mars/Moon exploration also continues to be a about space and NASA, demonstrate the ben- addresses the consequences of the Iran Non- major focus of the work at NASA, we must not efits of our space program and the impact it proliferation Act on the crew escape needs for lose sight of the needs and promise of a core has in getting students excited about these the Space Station. area of future inquiry such as science. This bill subjects. We should ensure a balanced approach to finds the right balance. Not only does the bill Mr. Chairman, as a member of the Houston our Nation’s nonproliferation policy—one that provide increase funding for NASA science delegation, home to the Johnson Space Cen- maintains a strong nonproliferation stance programs, but it also directs NASA to develop ter, I have been an avid supporter of NASA. while preserving peaceful cooperation with a comprehensive science policy through 2016, As we return to flight, possibly as early as Russia in the area of human space explo- complete with proposed missions, priorities, next Tuesday, this bill authorizes funding nec- ration. budget, and staff to bring much-needed focus essary to fulfill our vision for the future of the I also hope that we can re-look at some of back onto science research. This will go a space program. I strongly support this bill and the many reporting requirements that are con- long way in bringing new focus to science in urge my colleagues to do the same. tained in this legislation during conference. the 21st Century.

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A22JY7.014 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6347 Finally, the bill provides funding and brings Sec. 312. Pilot projects to encourage public sec- Sec. 833. Public meetings, information, and attention to such important areas as aero- tor applications. hearings. nautics, education, and space operations and Sec. 313. Program evaluation. Sec. 834. Staff of Commission. Sec. 314. Data availability. Sec. 835. Compensation and travel expenses. exploration activities that will help our nation Sec. 315. Education. Sec. 836. Security clearances for Commission further understand and explore distant gal- members and staff. Subtitle C—George E. Brown, Jr. Near-Earth Sec. 837. Reporting requirements and termi- axies and develop breakthrough technologies Object Survey important to our health and security. nation. Sec. 321. George E. Brown, Jr. Near-Earth Ob- SEC. 2. FINDINGS. This is a big step forward in our efforts to ject Survey. maintain innovation and ingenuity at NASA The Congress finds the following: TITLE IV—AERONAUTICS (1) On January 14, 2004, the President un- and in space and technology industries in the Sec. 401. Definition. veiled the Vision for Space Exploration to guide years ahead. Working together, Congress will United States policy on human space explo- Subtitle A—National Policy for Aeronautics pass a bill that would make NASA stronger ration. and better prepared to face the future chal- Research and Development (2) The President’s vision of returning hu- lenges that it may confront. Sec. 411. Policy. mans to the Moon and working toward a sus- I urge a ‘‘yes’’ vote on this bill. Subtitle B—NASA Aeronautics Breakthrough tainable human presence there and then ven- Mr. BOEHLERT. Mr. Chairman, I Research Initiatives turing further into the solar system provides a sustainable rationale for the United States yield back the balance of my time. Sec. 421. Environmental aircraft research and development initiative. human space flight program. The CHAIRMAN. All time for general (3) As we enter the Second Space Age, the Na- debate has expired. Sec. 422. Civil supersonic transport research and development initiative. tional Aeronautics and Space Administration Pursuant to the rule, the committee Sec. 423. Rotorcraft and other runway-inde- should continue to support robust programs in amendment in the nature of a sub- pendent air vehicles research and space science, aeronautics, and earth science as stitute printed in the bill shall be con- development initiative. it moves forward with plans to send Americans sidered as an original bill for the pur- to the Moon, Mars, and worlds beyond. Subtitle C—Other NASA Aeronautics Research (4) The National Aeronautics and Space Ad- pose of amendment under the 5-minute and Development Activities ministration’s programs can advance the fron- rule and shall be considered read. Sec. 431. Fundamental research and technology tiers of science, expanding understanding of our The text of the committee amend- base program. planet and of the universe, and contribute to ment in the nature of a substitute is as Sec. 432. Airspace systems research. American prosperity. follows: Sec. 433. Aviation safety and security research. (5) The United States should honor its inter- national commitments to the International H.R. 3070 Sec. 434. Zero-emissions aircraft research. Sec. 435. Mars aircraft research. Space Station program. Be it enacted by the Senate and House of Rep- Sec. 436. Hypersonics research. (6) The United States must remain the leader resentatives of the United States of America in Sec. 437. NASA aeronautics scholarships. in aeronautics and aviation. Any erosion of this Congress assembled, Sec. 438. Aviation weather research. preeminence is not in the Nation’s economic or SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 439. Assessment of wake turbulence re- security interests. Past Federal investments in (a) SHORT TITLE.—This Act may be cited as search and development program. aeronautics research and development have ben- the ‘‘National Aeronautics and Space Adminis- Sec. 440. University-based centers for research efited the economy and national security of the tration Authorization Act of 2005’’. on aviation training. United States and improved the quality of life of (b) TABLE OF CONTENTS.—The table of con- TITLE V—HUMAN SPACE FLIGHT its citizens. tents for this Act is as follows: (7) Long-term progress in aeronautics and Sec. 501. International Space Station comple- Sec. 1. Short title; table of contents. space requires continued Federal investment in tion. fundamental research, test facilities, and main- Sec. 2. Findings. Sec. 502. Human exploration priorities. Sec. 3. Definitions. tenance of a skilled civil service workforce at Sec. 503. GAO assessment. NASA’s Centers. TITLE I—GENERAL PRINCIPLES AND TITLE VI—OTHER PROGRAM AREAS (8) An important part of NASA’s mission is REPORTS Subtitle A—Space and Flight Support education and outreach. Sec. 101. Responsibilities, policies, and plans. SEC. 3. DEFINITIONS. Sec. 102. Reports. Sec. 601. Orbital debris. Sec. 602. Secondary payload capability. In this Act: Sec. 103. Baselines and cost controls. (1) ADMINISTRATOR.—The term ‘‘Adminis- Sec. 104. Prize authority. Subtitle B—Education trator’’ means the Administrator of the National Sec. 105. Foreign launch vehicles. Sec. 611. Institutions in NASA’s minority insti- Aeronautics and Space Administration. Sec. 106. Safety management. tutions program. (2) ISS.—The term ‘‘ISS’’ means the Inter- Sec. 107. Lessons learned and best practices. Sec. 612. Program to expand distance learning national Space Station. Sec. 108. Commercialization plan. in rural underserved areas. (3) NASA.—The term ‘‘NASA’’ means the Na- Sec. 109. Study on the feasibility of use of Sec. 613. Charles ‘‘Pete’’ Conrad Astronomy tional Aeronautics and Space Administration. ground source heat pumps. Awards. TITLE I—GENERAL PRINCIPLES AND TITLE II—AUTHORIZATION OF Sec. 614. Review of education programs. REPORTS APPROPRIATIONS Sec. 615. Equal access to NASA’s education pro- SEC. 101. RESPONSIBILITIES, POLICIES, AND Sec. 201. Structure of budgetary accounts. grams. PLANS. Sec. 202. Fiscal year 2006. TITLE VII—MISCELLANEOUS (a) GENERAL RESPONSIBILITIES.— Sec. 203. Fiscal year 2007. AMENDMENTS (1) PROGRAMS.—The Administrator shall en- Sec. 204. ISS research. Sec. 701. Retrocession of jurisdiction. sure that NASA carries out a balanced set of Sec. 205. Test facilities. Sec. 702. Extension of indemnification. programs that shall include, at a minimum, pro- Sec. 206. Proportionality. Sec. 703. NASA scholarships. grams in— Sec. 207. Limitations on authority. Sec. 704. Independent cost analysis. (A) human space flight, in accordance with Sec. 208. Notice of reprogramming. Sec. 705. Limitations on off-shore performance subsection (b); (B) aeronautics research and development; Sec. 209. Cost overruns. of contracts for the procurement and Sec. 210. Official representational fund. of goods and services. Sec. 211. International Space Station cost cap. (C) scientific research, which shall include, at TITLE VIII—INDEPENDENT COMMISSIONS a minimum— TITLE III—SCIENCE Sec. 801. Definitions. (i) robotic missions to study planets, and to Subtitle A—General Provisions Subtitle A—International Space Station deepen understanding of astronomy, astro- Sec. 301. Performance assessments. Independent Safety Commission physics, and other areas of science that can be Sec. 302. Status report on Hubble Space Tele- productively studied from space; Sec. 811. Establishment of Commission. scope servicing mission. (ii) earth science research and research on the Sec. 812. Tasks of the Commission. Sec. 303. Independent assessment of Landsat- Sun-Earth connection through the development Sec. 813. Sunset. NPOESS integrated mission. and operation of research satellites and other Sec. 304. Assessment of science mission exten- Subtitle B—Human Space Flight Independent means; sions. Investigation Commission (iii) support of university research in space Sec. 305. Microgravity research. Sec. 821. Establishment of Commission. science and earth science; and Sec. 306. Coordination with the National Oce- Sec. 822. Tasks of the Commission. (iv) research on microgravity, including re- search that is not directly related to human ex- anic and Atmospheric Administra- Subtitle C—Organization and Operation of tion. ploration. Commissions (2) CONSULTATION AND COORDINATION.—In Subtitle B—Remote Sensing Sec. 831. Composition of Commissions. carrying out the programs of NASA, the Admin- Sec. 311. Definitions. Sec. 832. Powers of Commission. istrator shall—

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.017 H22JYPT1 H6348 CONGRESSIONAL RECORD — HOUSE July 22, 2005 (A) consult and coordinate to the extent ap- Committee on Commerce, Science, and Transpor- (G) the priority order of the actions described propriate with other relevant Federal agencies, tation of the Senate, not later than the date on in subparagraphs (A), (B), (C), and (D); including through the National Science and which the President submits the proposed budg- (H) the budget assumptions of the plan, which Technology Council; et for the Federal Government for fiscal year for fiscal years 2006 and 2007 shall be consistent (B) work closely with the private sector, in- 2007 to the Congress. The Administrator shall with the authorizations provided in title II of cluding by— make available to those committees any study this Act; and (i) encouraging the work of entrepreneurs done by a nongovernmental entity that was (I) how facilities were evaluated in developing who are seeking to develop new means to launch used in the development of the national aero- the plan. satellites, crew, or cargo; nautics policy. (3) SCHEDULE.—The Administrator shall (ii) contracting with the private sector for (d) SCIENCE.— transmit the plan developed under this sub- crew and cargo services to the extent prac- (1) IN GENERAL.—The Administrator shall de- section to the Committee on Science of the ticable; and velop a policy to guide the science programs of House of Representatives and the Committee on (iii) using commercially available products NASA through 2016. Commerce, Science, and Transportation of the (including software) and services to the extent (2) CONTENT.—At a minimum, the policy shall Senate not later than the date on which the practicable to support all NASA activities; and describe— President submits the proposed budget for the (C) involve other nations to the extent appro- (A) the missions NASA will initiate, design, Federal Government for fiscal year 2008 to the priate. develop, launch, or operate in space science and Congress. (b) VISION FOR SPACE EXPLORATION.—The Ad- earth science through fiscal year 2016, including (f) WORKFORCE.— ministrator shall manage human space flight launch dates; (1) IN GENERAL.—The Administrator shall de- (B) a priority ranking of all of the missions programs to strive to achieve the following velop a human capital strategy to ensure that listed under subparagraph (A), and the ration- goals: NASA has a workforce of the appropriate size (1) Returning Americans to the Moon no later ale for the ranking; and with the appropriate skills to carry out the (C) the budget assumptions on which the pol- than 2020. programs of NASA, consistent with the policies icy is based, which for fiscal years 2006 and 2007 (2) Launching the Crew Exploration Vehicle and plans developed pursuant to this section. shall be consistent with the authorizations pro- as close to 2010 as possible. The strategy shall cover the period through fis- vided in title II of this Act; and (3) Increasing knowledge of the impacts of cal year 2011. (D) the facilities and personnel needed to (2) CONTENT.—The strategy shall describe, at long duration stays in space on the human body carry out the policy through fiscal year 2016. using the most appropriate facilities available. a minimum— (3) CONSIDERATIONS.—In developing the (A) any categories of employees NASA intends (4) Enabling humans to land on and return science policy under this subsection, the Admin- from Mars and other destinations on a timetable to reduce, the expected size and timing of those istrator shall consider the following issues, reductions, the methods NASA intends to use to that is technically and fiscally possible. which shall be discussed in the transmittal (c) AERONAUTICS.— make the reductions, and the reasons NASA no under paragraph (6): longer needs those employees; (1) IN GENERAL.—The President of the United (A) What the most important scientific ques- States, through the Administrator, and in con- (B) any categories of employees NASA intends tions in space science and earth science are. to increase, the expected size and timing of sultation with other Federal agencies, shall de- (B) The relationship between NASA’s space those increases, the methods NASA intends to velop a national aeronautics policy to guide the and earth science activities and those of other use to recruit the additional employees, and the aeronautics programs of NASA through 2020. Federal agencies. (2) CONTENT.—At a minimum, the national (4) CONSULTATION.—In developing the policy reasons NASA needs those employees; (C) the steps NASA will use to retain needed aeronautics policy shall describe for NASA— under this subsection, the Administrator shall (A) the priority areas of research for aero- draw on decadal surveys and other reports in employees; and (D) the budget assumptions of the strategy, nautics through fiscal year 2011; planetary science, astronomy, solar and space which for fiscal years 2006 and 2007 shall be (B) the basis on which and the process by physics, earth science, and any other relevant consistent with the authorizations provided in which priorities for ensuing fiscal years will be fields developed by the National Academy of title II of this Act, and any expected additional selected; Sciences. The Administrator shall also consult costs or savings from the strategy by fiscal year. (C) the facilities and personnel needed to widely with academic and industry experts and (3) SCHEDULE.—The Administrator shall carry out the aeronautics program through fis- with other Federal agencies. transmit the strategy developed under this sub- (5) HUBBLE SPACE TELESCOPE.—The policy de- cal year 2011; and section to the Committee on Science of the (D) the budget assumptions on which the na- veloped under this subsection shall address House of Representatives and the Committee on tional aeronautics policy is based, which for fis- plans for a human mission to repair the Hubble Commerce, Science, and Transportation of the cal years 2006 and 2007 shall be the authorized Space Telescope consistent with section 302 of Senate not later than the date on which the level for aeronautics provided in title II of this this Act. President submits the proposed budget for the Act. (6) SCHEDULE.—The Administrator shall Federal Government for fiscal year 2007 to the (3) CONSIDERATIONS.—In developing the na- transmit the policy developed under this sub- Congress. At least 60 days before transmitting tional aeronautics policy, the President shall section to the Committee on Science of the the strategy, NASA shall provide a draft of the consider the following issues, which shall be dis- House of Representatives and the Committee on strategy to its Federal Employee Unions for a cussed in the transmittal under paragraph (5): Commerce, Science, and Transportation of the 30-day consultation period after which NASA (A) The extent to which NASA should focus Senate not later than the date on which the shall respond in writing to any written concerns on long-term, high-risk research or more incre- President submits the proposed budget for the provided by the Unions. mental research, and the expected impact on the Federal Government for fiscal year 2007 to the (4) LIMITATION.—NASA may not initiate any United States aircraft and airline industries of Congress. The Administrator shall make avail- able to those committees any study done by a buyout offer or Reduction in Force until 60 days that decision. after the strategy required by this subsection (B) The extent to which NASA should address nongovernmental entity that was used in the development of the policy. has been transmitted to the Congress in accord- military and commercial needs. ance with paragraph (3). NASA may not imple- (C) How NASA will coordinate its aeronautics (e) FACILITIES.— ment any Reduction in Force or other involun- program with other Federal agencies. (1) IN GENERAL.—The Administrator shall de- velop a plan for managing NASA’s facilities tary separations prior to October 1, 2006. (D) The extent to which NASA will fund uni- (g) CENTER MANAGEMENT.— versity research, and the expected impact of through fiscal year 2015. The plan shall be con- sistent with the policies and plans developed (1) IN GENERAL.—The Administrator shall con- that funding on the supply of United States duct a study to determine whether any of workers for the aeronautics industry. pursuant to this section. (2) CONTENT.—At a minimum, the plan shall NASA’s centers should be operated by or with (E) The extent to which the priority areas of describe— the private sector by converting a center to a research listed pursuant to paragraph (2)(A) (A) any new facilities NASA intends to ac- Federally Funded Research and Development should include the activities authorized by title quire, whether through construction, purchase, Center or through any other mechanism. IV of this Act, the discussion of which shall in- or lease, and the expected dates for doing so; (2) CONTENT.—The study shall, at a min- clude a priority ranking of all of the activities (B) any facilities NASA intends to signifi- imum— authorized in title IV and an explanation for cantly modify, and the expected dates for doing (A) make a recommendation for the operation that ranking. so; of each center and provide reasons for that rec- (4) CONSULTATION.—In the development of the (C) any facilities NASA intends to close, and ommendation; and national aeronautics policy, the Administrator the expected dates for doing so; (B) describe the advantages and disadvan- shall consult widely with academic and industry (D) any transaction NASA intends to conduct tages of each mode of operation considered in experts and with other Federal agencies. The to sell, lease, or otherwise transfer the owner- the study. Administrator may enter into an arrangement ship of a facility, and the expected dates for (3) CONSIDERATIONS.—In conducting the with the National Academy of Sciences to help doing so; study, the Administrator shall take into consid- develop the national aeronautics policy. (E) how each of the actions described in sub- eration the experiences of other relevant Federal (5) SCHEDULE.—The Administrator shall paragraphs (A), (B), (C), and (D) will enhance agencies in operating laboratories and centers transmit the national aeronautics policy to the the ability of NASA to carry out its programs; and any reports that have reviewed the mode of Committee on Appropriations and the Committee (F) the expected costs or savings expected from operation of those laboratories and centers, as on Science of the House of Representatives, and each of the actions described in subparagraphs well as any reports that have reviewed NASA’s to the Committee on Appropriations and the (A), (B), (C), and (D); centers.

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(4) SCHEDULE.—The Administrator shall Representatives and the Committee on Com- (3) REPORT.—The Administrator shall trans- transmit the study conducted under this sub- merce, Science, and Transportation of the Sen- mit the plan under this subsection to the Com- section to the Committee on Science of the ate a report on each of the following items: mittee on Science of the House of Representa- House of Representatives and the Committee on (1) The research agenda for the ISS and its tives and the Committee on Commerce, Science, Commerce, Science, and Transportation of the proposed final configuration. and Transportation of the Senate not later than Senate not later than May 31, 2006. (2) The number of flights the Space Shuttle February 17, 2007. (h) BUDGETS.—The proposed budget for NASA will make before its retirement, the purpose of (d) PUBLIC RELATIONS.—Not later than De- submitted by the President for each fiscal year those flights, and the expected date of the final cember 31, 2005, the Administrator shall transmit shall be accompanied by documents showing— flight. a plan to the Committee on Appropriations and (1) the budget for each element of the human (3) A description of the means, other than the the Committee on Science of the House of Rep- space flight program; Space Shuttle, that may be used to ferry crew resentatives, and to the Committee on Appro- (2) the budget for aeronautics; and cargo to and from the ISS. priations and the Committee on Commerce, (3) the budget for space science; (4) A plan for the operation of the ISS in the Science, and Transportation of the Senate, de- (4) the budget for earth science; event that the Iran Nonproliferation Act of 2000 scribing the activities that will be undertaken as (5) the budget for microgravity science; is not amended. part of the national awareness campaign re- (6) the budget for education; (5) A description of the launch vehicle for the quired by the report of the Committee on Appro- (7) the budget for technology transfer pro- Crew Exploration Vehicle. priations of the House of Representatives accom- grams; (6) A description of any heavy lift vehicle panying the Science, State, Justice, Commerce, (8) the budget for the Integrated Financial NASA intends to develop, the intended uses of and Related Agencies Appropriations Act, 2006, Management Program, by individual element; that vehicle, and whether the decision to de- and the expected cost of those activities. NASA (9) the budget for the Independent Technical velop that vehicle has undergone an inter- may undertake activities as part of the national Authority, both total and by center; agency review. awareness campaign prior to the transmittal of (10) the budget for public relations, by pro- (7) A description of the intended purpose of the plan required by this subsection, but not gram; lunar missions and the architecture for those until 15 days after notifying the Committee on (11) the comparable figures for at least the 2 missions. Science of the House of Representatives and the previous fiscal years for each item in the pro- (8) The program goals for Project Prometheus. Committee on Commerce, Science, and Transpor- posed budget; (9) A plan for managing the cost increase for tation of the Senate of any activity. The plan (12) the amount of unobligated funds and un- the James Webb Space Telescope. required by this subsection shall include the es- expended funds, by appropriations account— (b) CREW EXPLORATION VEHICLE.—The Ad- timated costs of any activities undertaken pur- (A) that remained at the end of the fiscal year ministrator shall not enter into a development suant to notice under the preceding sentence. prior to the fiscal year in which the budget is contract for the Crew Exploration Vehicle until (e) JOINT DARK ENERGY MISSION.—The Ad- being presented that were carried over into the at least 30 days after the Administrator has ministrator and the Director of the Department fiscal year in which the budget is being pre- transmitted to the Committee on Science of the of Energy Office of Science shall jointly trans- sented; House of Representatives and the Committee on mit to the Committee on Science of the House of (B) that are estimated will remain at the end Commerce, Science, and Transportation of the Representatives and the Committee on Com- of the fiscal year in which the budget is being Senate a report describing— merce, Science, and Transportation of the Sen- presented that are proposed to be carried over (1) the expected cost of the Crew Exploration ate, not later than the date on which the Presi- into the fiscal year for which the budget is being Vehicle through fiscal year 2020, based on the dent submits the proposed budget for the Fed- presented; and specifications for that development contract; eral Government for fiscal year 2007, a report on (2) the expected budgets for each fiscal year (C) that are estimated will remain at the end plans for a Joint Dark Energy Mission. The re- through fiscal year 2020 for human space flight, of the fiscal year for which the budget is being port shall include the amount of funds each aeronautics, space science, and earth science— presented; and agency intends to expend on the Joint Dark En- (A) first assuming inflationary growth for the (13) the budget for safety, by program. ergy Mission for each of the fiscal years 2007 budget of NASA as a whole and including costs (i) GENERAL AND ADMINISTRATIVE EXPENSES.— through 2011, and any specific milestones for the for the Crew Exploration Vehicle as projected NASA shall make available, upon request from development and launch of the Mission. under paragraph (1); and the Committee on Science of the House of Rep- (f) SHUTTLE EMPLOYEE TRANSITION.—The Ad- (B) then assuming inflationary growth for the resentatives or the Committee on Commerce, ministrator shall consult with other appropriate budget of NASA as a whole and including at Science, and Transportation of the Senate, in- Federal agencies and with NASA contractors least two cost estimates for the Crew Explo- formation on Corporate and Center General and and employees to develop a transition plan for ration Vehicle that are higher than those pro- Administrative Costs and Service Pool costs, in- Federal and contractor personnel engaged in jected under paragraph (1), based on NASA’s cluding— the Space Shuttle program. The plan shall in- past experience with cost increases for similar (1) the total amount of funds being allocated clude actions to assist Federal and contractor programs, along with a description of the rea- for those purposes for any fiscal year for which personnel to take advantage of training, re- sons for selecting the cost estimates used for the the President has submitted an annual budget training, job placement, and relocation pro- calculations under this subparagraph and the request to Congress; grams, and any other actions that NASA will probability that the cost of the Crew Explo- (2) the amount of funds being allocated for take to assist the employees. The plan shall also ration Vehicle will reach those estimated those purposes for each center, for head- describe how the Administrator will ensure that amounts; and quarters, and for each directorate; and NASA and its contractors will have an appro- (3) the extent to which the Crew Exploration (3) the major activities included in each cost priate complement of employees to allow for the Vehicle will allow for the escape of the crew in category. safest possible use of the Space Shuttle through the event of an emergency. (j) NASA TEST FACILITIES.— its final flight. The Administrator shall transmit (c) SPACE COMMUNICATIONS STUDY.— EVIEW the plan to the Committee on Science of the (1) R .—The Director of the Office of (1) STUDY.—The Administrator shall develop a Science and Technology Policy shall commission House of Representatives and the Committee on plan for updating NASA’s space communica- Commerce, Science, and Transportation of the an independent review of the Nation’s long-term tions architecture for both low-Earth orbital op- strategic needs for test facilities and shall sub- Senate not later than 90 days after the date of erations and deep space exploration so that it is enactment of this Act. mit the review to the Committee on Science of capable of meeting NASA’s needs over the next the House of Representatives and the Committee (g) OFFICE OF SCIENCE AND TECHNOLOGY POL- 20 years. The plan shall also include life-cycle ICY.— on Commerce, Science, and Transportation of cost estimates, milestones, estimated perform- the Senate. The review shall include an evalua- (1) STUDY.—The Director of the Office of ance capabilities, and 5-year funding profiles. Science and Technology Policy shall conduct a tion of the facility needs described pursuant to The plan shall also include an estimate of the subsection (c)(2)(C). study to determine— amounts of any reimbursements NASA is likely (A) if any research and development programs (2) LIMITATION.—The Administrator shall not to receive from other Federal agencies during of NASA are unnecessarily duplicating aspects close or mothball any aeronautical test facilities the expected life of the upgrades described in of programs of other Federal agencies; and identified in the 2003 independent assessment by the plan. The plan shall include a description of (B) if any research and development programs the RAND Corporation, entitled ‘‘Wind Tunnel the following: of NASA are neglecting any topics of national and Propulsion Test Facilities: An Assessment (A) Projected Deep Space Network require- interest that are related to the mission of NASA. of NASA’s Capabilities to Serve National Needs’’ ments for the next decade, including those in (2) REPORT.—Not later than March 1, 2006, as being part of the minimum set of those facili- support of human space exploration missions. the Director of the Office of Science and Tech- ties necessary to retain and manage to serve na- (B) Upgrades needed to support Deep Space nology Policy shall transmit to the Committee tional needs, as well as any other NASA test fa- Network requirements. on Science of the House of Representatives and cilities that were in use as of January 1, 2004, (C) Cost estimates for the maintenance of ex- the Committee on Commerce, Science, and until the review conducted under paragraph (1) isting Deep Space Network capabilities. Transportation of the Senate a report that— has been transmitted to the Congress. (D) Cost estimates and schedules for the up- (A) describes the results of the study under SEC. 102. REPORTS. grades described in subparagraph (B). paragraph (1); (a) IMMEDIATE ISSUES.—Not later than Sep- (2) CONSULTATIONS.—The Administrator shall (B) lists the research and development pro- tember 30, 2005, the Administrator shall transmit consult with other relevant Federal agencies in grams of Federal agencies other than NASA that to the Committee on Science of the House of developing the plan under this subsection. were reviewed as part of the study, which shall

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.009 H22JYPT1 H6350 CONGRESSIONAL RECORD — HOUSE July 22, 2005 include any program supporting research and individual identified under subsection (b)(2)(D) beginning with the approval to proceed to imple- development in an area related to the programs shall transmit to the Administrator a written mentation through the achievement of oper- of NASA, and the most recent budget figures for notification explaining the reasons for the ational readiness, without regard to funding those programs of other agencies; change in the cost or milestone of the program source or management control, for the life of the (C) recommends any changes to the research for which notification was provided under para- program; and development programs of NASA that should graph (1). (3) the term ‘‘life-cycle cost’’ means the total be made to eliminate unnecessary duplication or (3) NOTIFICATION OF CONGRESS.—Not later of the direct, indirect, recurring, and non- address topics of national interest; and than 5 days after the Administrator receives a recurring costs, including the construction of fa- (D) describes mechanisms the Office of Science written notification under paragraph (2), the cilities and civil servant costs, and other related and Technology Policy will use to ensure ade- Administrator shall transmit the notification to expenses incurred or estimated to be incurred in quate coordination between NASA and Federal the Committee on Science of the House of Rep- the design, development, verification, produc- agencies that operate related programs. resentatives and the Committee on Commerce, tion, operation, maintenance, support, and re- tirement of a program over its planned lifespan, SEC. 103. BASELINES AND COST CONTROLS. Science, and Transportation of the Senate. without regard to funding source or manage- (a) CONDITIONS FOR DEVELOPMENT.— (d) FIFTEEN PERCENT THRESHOLD.—Not later ment control; and (1) IN GENERAL.—NASA shall not enter into a than 30 days after receiving a written notifica- tion under subsection (c)(2), the Administrator (4) the term ‘‘major program’’ means an activ- contract for the development phase of a major ity approved to proceed to implementation that program unless the Administrator determines shall determine whether the development cost of the program is likely to exceed the estimate pro- has an estimated life-cycle cost of more than that— $100,000,000. (A) the technical, cost, and schedule risks of vided in the Baseline Report of the program by SEC. 104. PRIZE AUTHORITY. the program are clearly identified and the pro- 15 percent or more, or whether a milestone is likely to be delayed by 6 months or more. If the The National Aeronautics and Space Act of gram has developed a plan to manage those 1958 (42 U.S.C. 2451, et seq.) is amended by in- risks; and determination is affirmative, the Administrator shall— serting after section 313 the following new sec- (B) the program complies with all relevant tion: policies, regulations, and directives of NASA. (1) transmit to the Committee on Science of ‘‘PRIZE AUTHORITY (2) REPORT.—The Administrator shall trans- the House of Representatives and the Committee ‘‘SEC. 314. (a) IN GENERAL.—The Administra- mit a report describing the basis for the deter- on Commerce, Science, and Transportation of the Senate, not later than 14 days after making tion may carry out a program to competitively mination required under paragraph (1) to the award cash prizes to stimulate innovation in Committee on Science of the House of Represent- the determination, a report that includes— (A) a description of the increase in cost or basic and applied research, technology develop- atives and the Committee on Commerce, Science, ment, and prototype demonstration that have and Transportation of the Senate at least 30 delay in schedule and a detailed explanation for the increase or delay; the potential for application to the performance days before entering into a contract for develop- of the space and aeronautical activities of the ment under a major program. (B) a description of actions taken or proposed to be taken in response to the cost increase or Administration. The Administration may carry (3) NONDELEGATION.—The Administrator may out a program to award prizes only in con- delay; and not delegate the determination requirement formity with this section. (C) a description of any impacts the cost in- under this subsection. ‘‘(b) TOPICS.—In selecting topics for prize (b) MAJOR PROGRAM ANNUAL REPORTS.— crease or schedule delay will have on any other competitions, the Administrator shall consult (1) REQUIREMENT.—Not later than February program within NASA; and widely both within and outside the Federal Gov- 15 of each year following the date of enactment (2) if the Administrator intends to continue ernment, and may empanel advisory committees. of this Act, the Administrator shall transmit to with the program, promptly initiate an analysis ‘‘(c) ADVERTISING.—The Administrator shall the Committee on Science of the House of Rep- of the program, which shall include, at a min- widely advertise prize competitions to encourage resentatives and the Committee on Commerce, imum— participation. Science, and Transportation of the Senate a re- (A) the projected cost and schedule for com- ‘‘(d) REQUIREMENTS AND REGISTRATION.—For port on each major program for which NASA pleting the program if current requirements of each prize competition, the Administrator shall proposes to expend funds in the subsequent fis- the program are not modified; publish a notice in the Federal Register an- cal year. Reports under this section shall be (B) the projected cost and the schedule for nouncing the subject of the competition, the known as Major Program Annual Reports. completing the program after instituting the ac- rules for being eligible to participate in the com- (2) BASELINE REPORT.—The first Major Pro- tions described under paragraph (1)(B); and petition, the amount of the prize, and the basis gram Annual Report for each major program (C) a description of, and the projected cost on which a winner will be selected. shall include a Baseline Report that shall, at a and schedule for, a broad range of alternatives ‘‘(e) ELIGIBILITY.—To be eligible to win a prize minimum, include— to the program. under this section, an individual or entity— (A) the purposes of the program and key tech- NASA shall complete an analysis initiated under ‘‘(1) shall have registered to participate in the nical characteristics necessary to fulfill those paragraph (2) not later than 6 months after the competition pursuant to any rules promulgated purposes; Administrator makes a determination under this by the Administrator under subsection (d); ‘‘(2) shall have complied with all the require- (B) an estimate of the life-cycle cost for the subsection. The Administrator shall transmit the ments under this section; program, with a detailed breakout of the devel- analysis to the Committee on Science of the ‘‘(3) in the case of a private entity, shall be in- opment cost and an estimate of the annual costs House of Representatives and Committee on corporated in and maintain a primary place of until the development is completed; Commerce, Science, and Transportation of the business in the United States, and in the case of (C) the schedule for the development, includ- Senate not later than 30 days after its comple- an individual, whether participating singly or ing key program milestones; and tion. in a group, shall be a citizen or permanent resi- (D) the name of the person responsible for (e) THIRTY PERCENT THRESHOLD.—If the Ad- dent of the United States; and making notifications under subsection (c), who ministrator determines under subsection (d) that ‘‘(4) shall not be a Federal entity or Federal shall be an individual whose primary responsi- the development cost of a program will exceed employee acting within the scope of their em- bility is overseeing the program. the estimate provided in the Baseline Report of ployment. (3) INFORMATION UPDATES.—For major pro- the program by more than the lower of 30 per- ‘‘(f) LIABILITY.—(1) Registered participants grams with respect to which a Baseline Report cent or $1,000,000,000, then, beginning 1 year must agree to assume any and all risks and has been previously submitted, each subsequent after the date the Administrator transmits a re- waive claims against the United States Govern- Major Program Annual Report shall describe port under subsection (d)(1), the Administrator ment and its related entities, except in the case any changes to the information that had been shall not expend any additional funds on the of willful misconduct, for any injury, death, provided in the Baseline Report, and the rea- program, other than termination costs, unless damage, or loss of property, revenue, or profits, sons for those changes. the Congress has subsequently authorized con- whether direct, indirect, or consequential, aris- (c) NOTIFICATION.— tinuation of the program by law. If the program ing from their participation in a competition, (1) REQUIREMENT.—The individual identified is continued, the Administrator shall submit a whether such injury, death, damage, or loss under subsection (b)(2)(D) shall immediately no- new Baseline Report for the program no later arises through negligence or otherwise. For the tify the Administrator any time that individual than 90 days after the date of enactment of the purposes of this subparagraph, the term ‘related has reasonable cause to believe that, for the Act under which Congress has authorized con- entity’ means a contractor or subcontractor at major program for which he or she is respon- tinuation of the program. any tier, and a supplier, user, customer, cooper- sible— (f) DEFINITIONS.—For the purposes of this sec- ating party, grantee, investigator, or detailee. (A) the development cost of the program is tion— ‘‘(2) Participants must obtain liability insur- likely to exceed the estimate provided in the (1) the term ‘‘development’’ means the phase ance or demonstrate financial responsibility in Baseline Report of the program by 15 percent or of a program following the formulation phase amounts to compensate for the maximum prob- more; or and beginning with the approval to proceed to able loss, as determined by the Administrator, (B) a milestone of the program is likely to be implementation, as defined in NASA’s Proce- from claims by— delayed by 6 months or more from the date pro- dural Requirements 7120.5c, dated March 22, ‘‘(A) a third party for death, bodily injury, or vided for it in the Baseline Report of the pro- 2005; property damage, or loss resulting from an ac- gram. (2) the term ‘‘development cost’’ means the tivity carried out in connection with participa- (2) REASONS.—Not later than 7 days after the total of all costs, including construction of fa- tion in a competition, with the Federal Govern- notification required under paragraph (1), the cilities and civil servant costs, from the period ment named as an additional insured under the

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.009 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6351 registered participant’s insurance policy and SEC. 106. SAFETY MANAGEMENT. SEC. 109. STUDY ON THE FEASIBILITY OF USE OF registered participants agreeing to indemnify Section 6 of the National Aeronautics and GROUND SOURCE HEAT PUMPS. the Federal Government against third party Space Administration Authorization Act, 1968 (a) IN GENERAL.—The Administrator shall claims for damages arising from or related to (42 U.S.C. 2477) is amended— conduct a feasibility study on the use of ground competition activities; and (1) by inserting ‘‘(a) IN GENERAL.—’’ before source heat pumps in future NASA facilities or ‘‘(B) the United States Government for dam- ‘‘There is hereby’’; substantial renovation of existing NASA facili- age or loss to Government property resulting (2) by striking ‘‘plans referred to it’’ and in- ties involving the installation of heating, ven- from such an activity. serting ‘‘plans referred to it, including evalu- tilating, and air conditioning systems. ‘‘(g) JUDGES.—For each competition, the Ad- ating the National Aeronautics and Space Ad- (b) CONTENTS.—The study shall examine— ministration, either directly or through a con- ministration’s compliance with the return-to- (1) the life-cycle costs, including maintenance tract under subsection (h), shall assemble a flight and continue-to-fly recommendations of costs, of the operation of such heat pumps com- panel of qualified judges from both within and the Columbia Accident Investigation Board,’’; pared to generally available heating, cooling, and water heating equipment; outside the Administration to select the winner (3) by inserting ‘‘and the Congress’’ after ‘‘ad- (2) barriers to installation, such as avail- or winners of the prize competition on the basis vise the Administrator’’; ability and suitability of terrain; and described pursuant to subsection (d). Judges for (4) by striking ‘‘and with respect to the ade- each competition shall include individuals from (3) such other issues as the Administrator con- quacy of proposed or existing safety standards siders appropriate. the private sector. A judge may not— and shall’’ and inserting ‘‘, with respect to the (c) DEFINITION.—In this section, the term ‘‘(1) have personal or financial interests in, or adequacy of proposed or existing safety stand- ‘‘ground source heat pump’’ means an electric- be employees, officers, directors, or agents of, ards, and with respect to management and cul- powered system that uses the Earth’s relatively any entity that is a registered participant in a ture. The Panel shall also’’; and constant temperature to provide heating, cool- competition; or (5) by adding at the end the following: ing, or hot water. ‘‘(2) have a familial or financial relationship ‘‘(b) ANNUAL REPORT.—The Panel shall sub- TITLE II—AUTHORIZATION OF with an individual who is a registered partici- mit an annual report to the Administrator and APPROPRIATIONS pant. to the Congress. In the first annual report sub- ‘‘(h) ADMINISTERING THE COMPETITION.—The mitted after the date of enactment of the Na- SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS. Administrator may enter into an agreement with tional Aeronautics and Space Administration Section 313 of the National Aeronautics and a private, nonprofit entity to administer the Authorization Act of 2005, the Panel shall in- Space Act of 1958 (42 U.S.C. 2459f) is amended to prize competition, subject to the provisions of clude an evaluation of the Administration’s read as follows: this section. safety management culture. Each annual report ‘‘SEC. 313. BUDGETARY ACCOUNTS. ‘‘(i) FUNDING.—(1) The Administrator may ac- shall include an evaluation of the Administra- ‘‘Appropriations for the Administration for cept funds from other Federal agencies and from tion’s compliance with the recommendations of fiscal year 2007 and thereafter shall be made in the private sector for cash prizes under this sec- the Columbia Accident Investigation Board.’’. four accounts, ‘Science, Aeronautics, and Edu- tion. Such funds shall not increase the amount SEC. 107. LESSONS LEARNED AND BEST PRAC- cation’, ‘Exploration Systems’, ‘Space Oper- of a prize after the amount has been announced TICES. ations’, and an account for amounts appro- pursuant to subsection (d). The Administrator (a) IN GENERAL.—The Administrator shall priated for the necessary expenses of the Office may not give any special consideration to any provide an implementation plan describing of the Inspector General. Appropriations shall private sector entity in return for a donation. NASA’s approach for obtaining, implementing, remain available for two fiscal years, unless ‘‘(2) Funds appropriated for the program and sharing lessons learned and best practices otherwise specified in law. Each account shall under this section shall remain available until for its major programs and projects not later include the planned full costs of Administration expended, and may be transferred, repro- than 180 days after the date of enactment of this activities.’’. grammed, or expended for other purposes only Act. The implementation plan shall be updated SEC. 202. FISCAL YEAR 2006. after the expiration of 10 fiscal years after the and maintained to ensure that it is current and There are authorized to be appropriated to fiscal year for which the funds were originally consistent with the burgeoning culture of learn- NASA for fiscal year 2006 $16,471,050,000, as fol- appropriated. No provision in this section per- ing and safety that is emerging at NASA. lows: mits obligation or payment of funds in violation (b) REQUIRED CONTENT.—The implementation (1) For Science, Aeronautics and Education of the Anti-Deficiency Act (31 U.S.C. 1341). plan shall contain at a minimum the lessons (including amounts for construction of facili- ‘‘(3) No prize may be announced under sub- learned and best practices requirements for ties), $6,870,250,000 of which— section (d) until all the funds for that prize NASA, the organizations or positions responsible (A) $962,000,000 shall be for Aeronautics; have been appropriated or obligated for such for enforcement of the requirements, the report- (B) $150,000,000 shall be for a Hubble Space purpose by a private sector source. ing structure, and the objective performance Telescope servicing mission; and ‘‘(4) No prize competition under this section measures indicating the effectiveness of the ac- (C) $24,000,000 shall be for the National Space may offer a prize in an amount greater than tivity. Grant College and Fellowship Program. $10,000,000 unless 30 days have elapsed after (c) INCENTIVES.—The Administrator shall pro- (2) For Exploration Systems (including written notice has been provided to the Com- vide incentives to encourage sharing and imple- amounts for construction of facilities), mittee on Science of the House of Representa- mentation of lessons learned and best practices $3,181,100,000. tives and the Committee on Commerce, Science, by employees, projects, and programs, as well as (3) For Space Operations (including amounts and Transportation of the Senate. penalties for programs and projects that are de- for construction of facilities), $6,387,300,000. ‘‘(j) USE OF NASA NAME AND INSIGNIA.—A termined not to have demonstrated use of those (4) For the Office of Inspector General, registered participant in a competition under resources. $32,400,000. this section may use the Administration’s name, SEC. 108. COMMERCIALIZATION PLAN. SEC. 203. FISCAL YEAR 2007. initials, or insignia only after prior review and (a) IN GENERAL.—The Administrator, in con- There are authorized to be appropriated to written approval by the Administration. sultation with other relevant agencies, shall de- NASA for fiscal year 2007 $16,962,000,000, as fol- OMPLIANCE WITH EXISTING LAW.—The ‘‘(k) C velop a commercialization plan to support the lows: Federal Government shall not, by virtue of of- human missions to the Moon and Mars, to sup- (1) For Science, Aeronautics and Education fering or providing a prize under this section, be port Low-Earth Orbit activities and Earth (including amounts for construction of facili- responsible for compliance by registered partici- science missions and applications, and to trans- ties), $7,331,600,000 of which— pants in a prize competition with Federal law, fer science research and technology to society. (A) $990,000,000 shall be for Aeronautics; and including licensing, export control, and non- The plan shall identify opportunities for the pri- (B) $24,000,000 shall be for the National Space proliferation laws, and related regulations.’’. vate sector to participate in the future missions Grant College and Fellowship Program. SEC. 105. FOREIGN LAUNCH VEHICLES. and activities, including opportunities for part- (2) For Exploration Systems (including (a) ACCORD WITH SPACE TRANSPORTATION nership between NASA and the private sector in amounts for construction of facilities), POLICY.—NASA shall not launch a mission on a conducting research and the development of $3,589,200,000. foreign launch vehicle except in accordance technologies and services. The plan shall in- (3) For Space Operations (including amounts with the Space Transportation Policy an- clude provisions for developing and funding sus- for construction of facilities), $6,007,700,000. nounced by the President on December 21, 2004. tained university and industry partnerships to (4) For the Office of Inspector General, $33,500,000. (b) INTERAGENCY COORDINATION.—NASA shall conduct commercial research and technology de- not launch a mission on a foreign launch vehi- velopment, to proactively translate results of SEC. 204. ISS RESEARCH. cle unless NASA commenced the interagency co- space research to Earth benefits, to advance The Administrator shall allocate at least 15 ordination required by the Space Transportation United States economic interests, and to support percent of the funds budgeted for ISS research Policy announced by the President on December the vision for exploration. to research that is not directly related to sup- 21, 2004, at least 90 days before entering into a (b) REPORT.—Not later than 180 days after the porting the human exploration program. development contract for the mission. date of enactment of this Act, the Administrator SEC. 205. TEST FACILITIES. (c) APPLICATION.—This section shall not apply shall submit a copy of the plan to the Committee (a) CHARGES.—The Administrator shall estab- to any mission for which development has begun on Science of the House of Representatives and lish a policy of charging users of NASA’s test fa- prior to the date of enactment of this Act, in- the Committee on Commerce, Science, and cilities for the costs associated with their tests at cluding the James Webb Space Telescope. Transportation of the Senate. a level that is competitive with alternative test

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.009 H22JYPT1 H6352 CONGRESSIONAL RECORD — HOUSE July 22, 2005 facilities. As a general principle, NASA shall not merce, Science, and Transportation of the Sen- (1) not later than 60 days after the date of en- seek to recover the full costs of the operation of ate— actment of this Act, provide to the Committee on those facilities from the users. The Adminis- (1) setting forth in detail the results of any ex- Science of the House of Representatives and the trator shall not implement a policy of seeking ternal review under subsection (a); Committee on Commerce, Science, and Transpor- full cost recovery for a facility until at least 30 (2) setting forth in detail actions taken by tation of the Senate an assessment of micro- days after transmitting a notice to the Com- NASA in response to any external review; and gravity research planned for implementation mittee on Science of the House of Representa- (3) including a summary of findings and rec- aboard the ISS that includes the identification tives and the Committee on Commerce, Science, ommendations from any other relevant external of research which can be performed in ground- and Transportation of the Senate. reviews of NASA’s science mission priorities and based facilities and then validated in space; (b) FUNDING ACCOUNT.—The Administrator programs. (2) ensure the capacity to support ground- shall establish a funding account that shall be SEC. 302. STATUS REPORT ON HUBBLE SPACE based research leading to space-based basic and used for all test facilities. The account shall be TELESCOPE SERVICING MISSION. applied scientific research in a variety of dis- sufficient to maintain the viability of test facili- It is the sense of the Congress that the Hubble ciplines with potential direct national benefits ties during periods of low utilization. Space Telescope is an extraordinary instrument and applications that can advance significantly that has provided, and should continue to pro- SEC. 206. PROPORTIONALITY. from the uniqueness of microgravity and the vide, answers to profound scientific questions. If the total amount appropriated for NASA space environment; and In accordance with the recommendations of the pursuant to section 202 or 203 is less than the (3) carry out, to the maximum extent prac- National Academy of Sciences, all appropriate amount authorized under such section, the ticable basic, applied, and commercial ISS re- efforts should be expended to complete the Space amounts authorized under each of the accounts search activities such as molecular crystal Shuttle servicing mission. Upon successful com- specified in such section shall be reduced pro- growth, animal research, basic fluid physics, pletion of the planned return-to-flight schedule portionately. combustion research, cellular biotechnology, low of the Space Shuttle, the schedule for a Space temperature physics, and cellular research at a SEC. 207. LIMITATIONS ON AUTHORITY. Shuttle servicing mission to the Hubble Space Notwithstanding any other provision of this level which will sustain the existing scientific Telescope shall be determined, unless such a expertise and research capabilities. Act, no amount appropriated pursuant to this mission would compromise astronaut safety. Not (b) ON-ORBIT CAPABILITIES.—The Adminis- Act may be used for any program in excess of later than 60 days after the landing of the sec- the amount actually authorized for the par- trator shall ensure that the on-orbit analytical ond Space Shuttle mission for return-to-flight capabilities of the ISS are sufficient to support ticular program by section 202 or 203, unless a certification, the Administrator shall transmit to period of 30 days has passed after the receipt, by any diagnostic human research and on-orbit the Committee on Science of the House of Rep- characterization of molecular crystal growth, each such Committee, of notice given by the Ad- resentatives and the Committee on Commerce, ministrator containing a full and complete state- cellular research, and other research that NASA Science, and Transportation of the Senate a sta- believes is necessary to conduct, but for which ment of the action proposed to be taken and the tus report on plans for a Hubble Space Tele- facts and circumstances relied upon in support NASA lacks the capacity to return the materials scope servicing mission. that need to be analyzed to Earth. of such a proposed action. NASA shall keep the SEC. 303. INDEPENDENT ASSESSMENT OF (c) ASSESSMENT OF POTENTIAL SCIENTIFIC Committee on Science of the House of Represent- LANDSAT-NPOESS INTEGRATED MIS- SES atives and the Committee on Commerce, Science, SION. U .—The Administrator shall assess further potential scientific uses of the ISS for other ap- and Transportation of the Senate fully and cur- (a) ASSESSMENT.—In view of the importance of rently informed with respect to all activities and ensuring continuity of Landsat data and in plications, such as technology development, de- responsibilities within the jurisdiction of those view of the challenges facing the National velopment of manufacturing processes, Earth Committees. Polar-Orbiting Environmental Satellite System observation and characterization, and astro- nomical observations. SEC. 208. NOTICE OF REPROGRAMMING. program, the Administrator shall seek an inde- If any funds authorized by this Act are sub- pendent assessment of the costs as well as the SEC. 306. COORDINATION WITH THE NATIONAL technical, cost, and schedule risks associated OCEANIC AND ATMOSPHERIC ADMIN- ject to a reprogramming action that requires no- ISTRATION. tice to be provided to the Appropriations Com- with incorporating the Landsat instrument on the first National Polar-Orbiting Environmental (a) JOINT WORKING GROUP.—The Adminis- mittees of the House of Representatives and the trator and the Administrator of the National Senate, notice of such action shall concurrently Satellite System spacecraft versus undertaking a dedicated Landsat data ‘‘gap-filler’’ mission fol- Oceanic and Atmospheric Administration shall be provided to the Committee on Science of the appoint a Joint Working Group, which shall re- House of Representatives and the Committee on lowed by the incorporation of the Landsat in- strument on the second National Polar-Orbiting view and monitor missions of the two agencies Commerce, Science, and Transportation of the to ensure maximum coordination in the design, Senate. Environmental Satellite System spacecraft. The assessment shall also include an evaluation of operation, and transition of missions. The Joint SEC. 209. COST OVERRUNS. the budgetary requirements of each of the op- Working Group shall also prepare the transition When reprogramming funds to cover unex- tions under consideration. plans required by subsection (c). pected cost growth within a program, the Ad- (b) REPORT.—The Administrator shall trans- (b) COORDINATION REPORT.—Not later than ministrator shall, to the maximum extent prac- mit the independent assessment to the Com- February 15 of each year, the Under Secretary ticable, protect funds intended for fundamental mittee on Science of the House of Representa- of Commerce for Oceans and Atmosphere and and applied Research and Analysis. tives and the Committee on Commerce, Science, the Administrator shall jointly transmit a report SEC. 210. OFFICIAL REPRESENTATIONAL FUND. and Transportation of the Senate not later than to the Committee on Science of the House of Amounts appropriated pursuant to this Act 180 days after the date of enactment of this Act. Representatives and the Committee on Com- may be used, but not to exceed a total of $35,000 SEC. 304. ASSESSMENT OF SCIENCE MISSION EX- merce, Science, and Transportation of the Sen- in any fiscal year, for official reception and rep- TENSIONS. ate on how the earth science programs of the resentation expenses. (a) ASSESSMENT.—The Administrator shall National Oceanic and Atmospheric Administra- SEC. 211. INTERNATIONAL SPACE STATION COST carry out annual termination reviews within tion and NASA will be coordinated during the CAP. each of the Science disciplines to assess the cost fiscal year following the fiscal year in which the Section 202 of the National Aeronautics and and benefits of extending the date of the termi- report is transmitted. Space Administration Authorization Act of 2000 nation of data collection for those missions (c) COORDINATION OF TRANSITION PLANNING (42 U.S.C. 2451 note) is repealed. which are beyond their primary goals. In addi- AND REPORTING.—The Administrator, in con- junction with the Administrator of the National TITLE III—SCIENCE tion: (1) Not later than 60 days after the date of en- Oceanic and Atmospheric Administration, shall Subtitle A—General Provisions actment of this Act, the Administrator shall evaluate all NASA missions for their potential SEC. 301. PERFORMANCE ASSESSMENTS. carry out such an assessment for the following operational capabilities and shall prepare tran- (a) IN GENERAL.—Performance of each dis- missions: FAST, TIMED, Cluster, Wind, Geotail, sition plans for all existing and future Earth ob- cipline in the Science account of NASA shall be Polar, TRACE, Ulysses, and Voyager. serving systems found to have potential oper- reviewed and assessed by the National Academy (2) For those missions that have an oper- ational capabilities and all National Oceanic of Sciences at 5-year intervals. ational component, the National Oceanic and and Atmospheric Administration operational (b) TIMING.—Beginning with the first fiscal Atmospheric Administration shall be consulted space-based systems. year following the date of enactment of this Act, and the potential benefits of instruments on mis- (d) LIMITATION.—The Administrator shall not the Administrator shall select at least one dis- sions which are beyond their primary goals transfer any NASA earth science mission or cipline for review under this section. The Ad- taken into account. Earth observing system to the National Oceanic ministrator shall select disciplines so that all (b) REPORT.—Not later than 30 days after and Atmospheric Administration until the tran- disciplines will have received their first review completing the assessments required by sub- sition plan required under subsection (c) has within six fiscal years of the date of enactment section (a)(1), the Administrator shall transmit a been approved by the Administrator and the Ad- of this Act. report on the assessment to the Committee on ministrator of the National Oceanic and Atmos- (c) REPORTS.—Each year, beginning with the Science of the House of Representatives and the pheric Administration and until financial re- first fiscal year after the date of enactment of Committee on Commerce, Science, and Transpor- sources have been identified to support the tran- this Act, the Administrator shall transmit a re- tation of the Senate. sition or transfer in the President’s budget re- port to the Committee on Science of the House of SEC. 305. MICROGRAVITY RESEARCH. quest for the National Oceanic and Atmospheric Representatives and the Committee on Com- (a) IN GENERAL.—The Administrator shall— Administration.

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.009 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6353 Subtitle B—Remote Sensing tion 14 of the Federal Advisory Committee Act, the potential hazard of such near-Earth objects SEC. 311. DEFINITIONS. the advisory committee established under this to the Earth.’’; and In this subtitle— subsection shall remain in effect until the termi- (C) in subsection (h), as so redesignated by (1) the term ‘‘geospatial information’’ means nation of the program under section 312. subparagraph (A) of this paragraph, by striking knowledge of the nature and distribution of (b) EFFECTIVENESS EVALUATION.—Not later ‘‘and (f)’’ and inserting ‘‘(f), and (g)’’. physical and cultural features on the landscape than December 31, 2009, the Administrator shall (3) ANNUAL REPORT.—The Administrator shall based on analysis of data from airborne or transmit to the Congress an evaluation of the ef- transmit to the Congress, not later than Feb- spaceborne platforms or other types and sources fectiveness of the program established under sec- ruary 28 of each of the next 5 years beginning of data; tion 312 in exploring and promoting the inte- after the date of enactment of this Act, a report (2) the term ‘‘high resolution’’ means resolu- grated use of sources of remote sensing and that provides the following: tion better than five meters; and other geospatial information to address State, (A) A summary of all activities taken pursu- (3) the term ‘‘institution of higher education’’ local, regional, and tribal agency needs. Such ant to paragraph (1) for the previous fiscal year. has the meaning given that term in section evaluation shall have been conducted by an (B) A summary of expenditures for all activi- 101(a) of the Higher Education Act of 1965 (20 independent entity. ties pursuant to paragraph (1) for the previous U.S.C. 1001(a)). SEC. 314. DATA AVAILABILITY. fiscal year. (4) INITIAL REPORT.—The Administrator shall SEC. 312. PILOT PROJECTS TO ENCOURAGE PUB- The Administrator shall ensure that the re- LIC SECTOR APPLICATIONS. sults of each of the pilot projects completed transmit to Congress not later than 1 year after the date of enactment of this Act an initial re- (a) IN GENERAL.—The Administrator shall es- under section 312 shall be retrievable through port that provides the following: tablish a program of grants for competitively an electronic, Internet-accessible database. (A) An analysis of possible alternatives that awarded pilot projects to explore the integrated SEC. 315. EDUCATION. NASA may employ to carry out the Survey pro- use of sources of remote sensing and other The Administrator shall establish an edu- gram, including ground-based and space-based geospatial information to address State, local, cational outreach program to increase aware- alternatives with technical descriptions. regional, and tribal agency needs. ness at institutions of higher education and (B) A recommended option and proposed (b) PREFERRED PROJECTS.—In awarding State, local, regional, and tribal agencies of the budget to carry out the Survey program pursu- grants under this section, the Administrator potential applications of remote sensing and ant to the recommended option. shall give preference to projects that— other geospatial information. (C) An analysis of possible alternatives that (1) make use of commercial data sets, includ- Subtitle C—George E. Brown, Jr. Near-Earth NASA could employ to divert an object on a ing high resolution commercial satellite imagery Object Survey likely collision course with Earth. and derived satellite data products, existing SEC. 321. GEORGE E. BROWN, JR. NEAR-EARTH TITLE IV—AERONAUTICS public data sets where commercial data sets are OBJECT SURVEY. not available or applicable, or the fusion of such SEC. 401. DEFINITION. (a) SHORT TITLE.—This section may be cited data sets; as the ‘‘George E. Brown, Jr. Near-Earth Object For purposes of this title, the term ‘‘institu- (2) integrate multiple sources of geospatial in- Survey Act’’. tion of higher education’’ has the meaning formation, such as geographic information sys- (b) FINDINGS.—The Congress makes the fol- given that term by section 101 of the Higher tem data, satellite-provided positioning data, lowing findings: Education Act of 1965 (20 U.S.C. 1001). and remotely sensed data, in innovative ways; (1) Near-Earth objects pose a serious and cred- Subtitle A—National Policy for Aeronautics (3) include funds or in-kind contributions ible threat to humankind, as many scientists be- Research and Development from non-Federal sources; lieve that a major asteroid or comet was respon- SEC. 411. POLICY. (4) involve the participation of commercial en- sible for the mass extinction of the majority of tities that process raw or lightly processed data, It shall be the policy of the United States to the Earth’s species, including the dinosaurs, reaffirm the National Aeronautics and Space often merging that data with other geospatial nearly 65,000,000 years ago. information, to create data products that have Act of 1958 and its identification of aeronautical (2) Similar objects have struck the Earth or research and development as a core mission of significant value added to the original data; passed through the Earth’s atmosphere several and NASA. Further, it shall be the policy of the times in the Earth’s history and pose a similar United States to promote aeronautical research (5) taken together demonstrate as diverse a set threat in the future. of public sector applications as possible. and development that will expand the capacity, (3) Several such near-Earth objects have only ensure the safety, and increase the efficiency of (c) OPPORTUNITIES.—In carrying out this sec- been discovered within days of the objects’ clos- tion, the Administrator shall seek opportunities the Nation’s air transportation system, promote est approach to Earth, and recent discoveries of the security of the Nation, protect the environ- to assist— such large objects indicate that many large (1) in the development of commercial applica- ment, and retain the leadership of the United near-Earth objects remain undiscovered. States in global aviation. tions potentially available from the remote sens- (4) The efforts taken to date by NASA for de- ing industry; and tecting and characterizing the hazards of near- Subtitle B—NASA Aeronautics Breakthrough (2) State, local, regional, and tribal agencies Earth objects are not sufficient to fully deter- Research Initiatives in applying remote sensing and other geospatial mine the threat posed by such objects to cause SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH information technologies for growth manage- widespread destruction and loss of life. AND DEVELOPMENT INITIATIVE. ment. (c) DEFINITIONS.—For purposes of this section (a) OBJECTIVE.—The Administrator may estab- (d) DURATION.—Assistance for a pilot project the term ‘‘near-Earth object’’ means an asteroid lish an initiative with the objective of devel- under subsection (a) shall be provided for a pe- or comet with a perihelion distance of less that oping, and demonstrating in a relevant environ- riod not to exceed 3 years. 1.3 Astronomical Units from the Sun. ment, within 10 years after the date of enact- (e) REPORT.—Each recipient of a grant under (d) NEAR-EARTH OBJECT SURVEY.— ment of this Act, technologies to enable the fol- subsection (a) shall transmit a report to the Ad- (1) SURVEY PROGRAM.—The Administrator lowing commercial aircraft performance charac- ministrator on the results of the pilot project shall plan, develop, and implement a Near- teristics: within 180 days of the completion of that Earth Object Survey program to detect, track, (1) NOISE.—Noise levels on takeoff and on air- project. catalogue, and characterize the physical char- port approach and landing that do not exceed (f) WORKSHOP.—Each recipient of a grant acteristics of near-Earth objects equal to or ambient noise levels in the absence of flight op- under subsection (a) shall, not later than 180 greater than 100 meters in diameter in order to erations in the vicinity of airports from which days after the completion of the pilot project, assess the threat of such near-Earth objects to such commercial aircraft would normally oper- conduct at least one workshop for potential the Earth. It shall be the goal of the Survey pro- ate. users to disseminate the lessons learned from the gram to achieve 90 percent completion of its (2) ENERGY CONSUMPTION.—Twenty-five per- pilot project as widely as feasible. near-Earth object catalogue (based on statis- cent reduction in the energy required for me- (g) REGULATIONS.—The Administrator shall tically predicted populations of near-Earth ob- dium to long range flights, compared to aircraft issue regulations establishing application, selec- jects) within 15 years after the date of enact- in commercial service as of the date of enact- tion, and implementation procedures for pilot ment of this Act. ment of this Act. This reduction may be projects, and guidelines for reports and work- (2) AMENDMENTS.—Section 102 of the National achieved by a combination of improvements to— shops required by this section. Aeronautics and Space Act of 1958 (42 U.S.C. (A) specific fuel consumption; SEC. 313. PROGRAM EVALUATION. 2451) is amended— (B) lift-to-drag ratio; and (a) ADVISORY COMMITTEE.—The Adminis- (A) by redesignating subsection (g) as sub- (C) structural weight fraction. trator shall establish an advisory committee, section (h); (3) EMISSIONS.—Nitrogen oxides on take-off consisting of individuals with appropriate ex- (B) by inserting after subsection (f) the fol- and landing that are reduced by 50 percent rel- pertise in State, local, regional, and tribal agen- lowing new subsection: ative to aircraft in commercial service as of the cies, the university research community, and the ‘‘(g) The Congress declares that the general date of enactment of this Act. remote sensing and other geospatial information welfare and security of the United States re- (b) STUDY.— industry, to monitor the program established quire that the unique competence of the Na- (1) REQUIREMENT.—The Administrator shall under section 312. The advisory committee shall tional Aeronautics and Space Administration be enter into an arrangement for the National Re- consult with the Federal Geographic Data Com- directed to detecting, tracking, cataloguing, and search Council to conduct a study to identify mittee and other appropriate industry represent- characterizing near-Earth asteroids and comets and quantify new markets that would be cre- atives and organizations. Notwithstanding sec- in order to provide warning and mitigation of ated, as well as existing markets that would be

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.010 H22JYPT1 H6354 CONGRESSIONAL RECORD — HOUSE July 22, 2005 expanded, by the incorporation of the tech- and modernization of the National Airspace SEC. 438. AVIATION WEATHER RESEARCH. nologies developed pursuant to this section into System, as well as to enable the introduction of The Administrator may carry out a program future commercial aircraft. The study shall new systems for vehicles that can take advan- of collaborative research with the National Oce- identify whether any of the performance char- tage of an improved, modern air transportation anic and Atmospheric Administration on con- acteristics specified in subsection (a) would need system. vective weather events, with the goal of signifi- to be made more stringent in order to create new (b) ALIGNMENT.—Not later than 2 years after cantly improving the reliability of 2-hour to 6- markets or expand existing markets. The Na- the date of enactment of this Act, the Adminis- hour aviation weather forecasts. tional Research Council shall seek input from at trator shall align the projects of the Airspace SEC. 439. ASSESSMENT OF WAKE TURBULENCE least the aircraft manufacturing industry, aca- Systems Research program so that they directly RESEARCH AND DEVELOPMENT PRO- demia, and the airlines in carrying out the support the objectives of the Joint Planning and GRAM. study. Development Office’s Next Generation Air (a) ASSESSMENT.—The Administrator shall (2) REPORT.—A report containing the results Transportation System Integrated Plan. enter into an arrangement with the National of the study conducted under paragraph (1) SEC. 433. AVIATION SAFETY AND SECURITY RE- Research Council for an assessment of Federal shall be provided to Congress not later than 18 SEARCH. wake turbulence research and development pro- months after the date of enactment of this Act. (a) OBJECTIVE.—The Aviation Safety and Se- grams. The assessment shall address at least the curity Research program shall pursue research following questions: SEC. 422. CIVIL SUPERSONIC TRANSPORT RE- (1) Are the Federal research and development SEARCH AND DEVELOPMENT INITIA- and development activities that directly address TIVE. the safety and security needs of the National goals and objectives well defined? (2) Are there any deficiencies in the Federal The Administrator may establish an initiative Airspace System and the aircraft that fly in it. The program shall develop prevention, interven- research and development goals and objectives? with the objective of developing, and dem- (3) What roles should be played by each of the onstrating in a relevant environment, within 20 tion, and mitigation technologies aimed at caus- al, contributory, or circumstantial factors of relevant Federal agencies, such as NASA, the years after the date of enactment of this Act, Federal Aviation Administration, and the Na- technologies to enable overland flight of super- aviation accidents. LAN.—Not later than 1 year after the date tional Oceanic and Atmospheric Administration, sonic civil transport aircraft with at least the (b) P of enactment of this Act, the Administrator shall in wake turbulence research and development? following performance characteristics: transmit to Congress a 5-year prioritized plan (b) REPORT.—A report containing the results (1) Mach number of at least 1.4. for the research to be conducted within the of the assessment conducted pursuant to sub- (2) Range of at least 4,000 nautical miles. section (a) shall be provided to Congress not (3) Payload of at least 24 passengers. Aviation Safety and Security Research program. The plan shall be aligned with the objectives of later than 1 year after the date of enactment of (4) Noise levels on takeoff and on airport ap- this Act. proach and landing that meet community noise the Joint Planning and Development Office’s SEC. 440. UNIVERSITY-BASED CENTERS FOR RE- standards in place at airports from which such Next Generation Air Transportation System In- tegrated Plan. SEARCH ON AVIATION TRAINING. commercial supersonic aircraft would normally (a) IN GENERAL.—The Administrator may operate at the time the aircraft would enter SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH. (a) OBJECTIVE.—The Administrator may estab- award grants to institutions of higher education commercial service. (or consortia thereof) to establish one or more (5) Shaped sonic boom signatures sufficiently lish a zero-emissions aircraft research program whose objective shall be to develop and test con- Centers for Research on Aviation Training low to permit overland flight over populated under cooperative agreements with appropriate areas. cepts to enable a hydrogen fuel cell-powered air- craft that would have no hydrocarbon or nitro- NASA Centers. (6) Nitrogen oxide, carbon dioxide, and water (b) PURPOSE.—The purpose of the Centers vapor emissions consistent with regulations like- gen oxide emissions into the environment. (b) APPROACH.—The Administrator may estab- shall be to investigate the impact of new tech- ly to be in effect at the time of this aircraft’s in- nologies and procedures, particularly those re- troduction. lish a program of competitively awarded grants available to teams of researchers that may in- lated to the aircraft flight deck and to the air SEC. 423. ROTORCRAFT AND OTHER RUNWAY- traffic management functions, on training re- INDEPENDENT AIR VEHICLES RE- clude the participation of individuals from uni- versities, industry, and government for the con- quirements for pilots and air traffic controllers. SEARCH AND DEVELOPMENT INITIA- (c) APPLICATION.—An institution of higher duct of this research. TIVE. education (or a consortium of such institutions) SEC. 435. MARS AIRCRAFT RESEARCH. The Administrator may establish a rotorcraft seeking funding under this section shall submit (a) OBJECTIVE.—The Administrator may estab- and other runway-independent air vehicles ini- an application to the Administrator at such lish a Mars Aircraft project whose objective tiative with the objective of developing and dem- time, in such manner, and containing such in- shall be to develop and test concepts for an onstrating in a relevant environment, within 10 formation as the Administrator may require, in- uncrewed aircraft that could operate for sus- years after the date of enactment of this Act, cluding, at a minimum, a 5-year research plan. tained periods in the atmosphere of Mars. technologies to enable significantly safer, quiet- (d) AWARD DURATION.—An award made by (b) APPROACH.—The Administrator may estab- er, and more environmentally compatible oper- the Administrator under this section shall be for lish a program of competitively awarded grants ation from a wider range of airports under a a period of 5 years and may be renewed on the available to teams of researchers that may in- wider range of weather conditions than is the basis of— case for rotorcraft and other runway-inde- clude the participation of individuals from uni- (1) satisfactory performance in meeting the pendent air vehicles in service as of the date of versities, industry, and government for the con- goals of the research plan proposed by the Cen- enactment of this Act. duct of this research. ter in its application under subsection (c); and Subtitle C—Other NASA Aeronautics SEC. 436. HYPERSONICS RESEARCH. (2) other requirements as specified by the Ad- The Administrator may establish a Research and Development Activities ministrator. hypersonics research program whose objective TITLE V—HUMAN SPACE FLIGHT SEC. 431. FUNDAMENTAL RESEARCH AND TECH- shall be to explore the science and technology of NOLOGY BASE PROGRAM. hypersonic flight using air-breathing propulsion SEC. 501. INTERNATIONAL SPACE STATION COM- PLETION. (a) OBJECTIVE.—In order to ensure that the concepts, through a mix of theoretical work, (a) ELEMENTS, CAPABILITIES, AND CONFIGURA- Nation maintains needed capabilities in funda- basic and applied research, and development of TION CRITERIA.—The Administrator shall ensure mental areas of aeronautical research, the Ad- flight research demonstration vehicles. ministrator shall establish a program of long- that the ISS will be able to— SEC. 437. NASA AERONAUTICS SCHOLARSHIPS. term fundamental research in aeronautical (1) be used for a diverse range of microgravity (a) ESTABLISHMENT.—The Administrator shall research, including fundamental, applied, and sciences and technologies that is not tied to spe- establish a program of scholarships for full-time cific development projects. commercial research; graduate students who are United States citi- (2) have an ability to support crew size of at (b) ASSESSMENT.—The Administrator shall zens and are enrolled in, or have been accepted enter into an arrangement with the National least 6 persons; by and have indicated their intention to enroll (3) support Crew Exploration Vehicle docking Research Council for an assessment of the Na- in, accredited Masters degree programs in aero- and automated docking of cargo vehicles or tion’s future requirements for fundamental aero- nautical engineering at institutions of higher modules launched by either heavy-lift or com- nautics research and whether the Nation will education. Each such scholarship shall cover mercially-developed launch vehicles; and have a skilled research workforce and research the costs of room, board, tuition, and fees, and (4) be operated at an appropriate risk level. facilities commensurate with those requirements. may be provided for a maximum of 2 years. (b) CONTINGENCY PLAN.—The transportation The assessment shall include an identification (b) IMPLEMENTATION.—Not later than 180 days plan to support ISS shall include contingency of any projected gaps, and recommendations for after the date of enactment of this Act, the Ad- options to ensure sufficient logistics and on- what steps should be taken by the Federal Gov- ministrator shall publish regulations governing orbit capabilities to support any potential period ernment to eliminate those gaps. the scholarship program under this section. during which the Space Shuttle or its follow-on (c) REPORT.—The Administrator shall trans- (c) COOPERATIVE TRAINING OPPORTUNITIES.— crew and cargo systems is unavailable, and pro- mit the assessment, along with NASA’s response Students who have been awarded a scholarship vide sufficient prepositioning of spares and to the assessment, to Congress not later than 2 under this section shall have the opportunity other supplies needed to accommodate any such years after the date of enactment of this Act. for paid employment at one of the NASA Centers hiatus. SEC. 432. AIRSPACE SYSTEMS RESEARCH. engaged in aeronautics research and develop- (c) CERTIFICATION.—Not later than 60 days (a) OBJECTIVE.—The Airspace Systems Re- ment during the summer prior to the first year after the date of enactment of this Act, and be- search program shall pursue research and devel- of the student’s Masters program, and between fore making any change in the ISS assembly se- opment to enable revolutionary improvements to the first and second year, if applicable. quence in effect on the date of enactment of this

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.010 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6355 Act, the Administrator shall certify in writing to (2) that build and maintain video conference nent of the program and an assessment of the Committee on Science of the House of Rep- and exhibit capacity; whether the resources made available are con- resentatives and the Committee on Commerce, (3) that travel directly to rural communities sistent with meeting identified goals and prior- Science, and Transportation of the Senate and serve low-income populations; and ities; and NASA’s plan to meet the requirements of sub- (4) with a special emphasis on increasing the (4) a determination of the extent and the ef- sections (a) and (b). number of women and minorities in the science fectiveness of coordination and collaboration be- SEC. 502. HUMAN EXPLORATION PRIORITIES. and engineering professions. tween NASA and other Federal agencies that (a) IN GENERAL.—The Administrator shall— SEC. 613. CHARLES ‘‘PETE’’ CONRAD ASTRONOMY sponsor science, technology, engineering, and (1) construct an architecture and implementa- AWARDS. mathematics education activities. tion plan for NASA’s human exploration pro- (a) SHORT TITLE.—This section may be cited (c) REPORT TO CONGRESS.—Not later than 18 gram that is not critically dependent on the as the ‘‘Charles ‘Pete’ Conrad Astronomy months after the date of enactment of this Act, achievement of milestones by fixed dates; and Awards Act’’. the Administrator shall transmit to the Com- (2) determine the relative priority of each of (b) DEFINITIONS.—For the purposes of this sec- mittee on Science of the House of Representa- the potential elements of NASA’s implementa- tion— tives and the Committee on Commerce, Science, tion plan for its human exploration program in (1) the term ‘‘amateur astronomer’’ means an and Transportation of the Senate the report re- case funding shortfalls or cost growth neces- individual whose employer does not provide any quired under subsection (a). sitate the adjustment of NASA’s implementation funding, payment, or compensation to the indi- SEC. 615. EQUAL ACCESS TO NASA’S EDUCATION plan. vidual for the observation of asteroids and other PROGRAMS. (b) PRIORITIES.—Development of a Crew Ex- celestial bodies, and does not include any indi- The Administrator shall strive to ensure equal ploration Vehicle with a robust crew escape sys- vidual employed as a professional astronomer; access for minority and economically disadvan- tem, development of a launch system for the (2) the term ‘‘Minor Planet Center’’ means the taged students to NASA’s Education programs. Crew Exploration Vehicle, and definition of an Minor Planet Center of the Smithsonian Astro- Not later than 1 year after the date of enact- overall architecture and prioritized implementa- physical Observatory; ment of this Act, and every 2 years thereafter, tion plan shall be the highest priorities of the (3) the term ‘‘near-Earth asteroid’’ means an the Administrator shall submit a report to the human exploration program over the period gov- asteroid with a perihelion distance of less than Committee on Science of the House of Represent- erned by this Act. 1.3 Astronomical Units from the Sun; and atives and the Committee on Commerce, Science, SEC. 503. GAO ASSESSMENT. (4) the term ‘‘Program’’ means the Charles and Transportation of the Senate describing the Not later than 9 months after the date of en- ‘‘Pete’’ Conrad Astronomy Awards Program es- efforts by the Administrator to ensure equal ac- actment of this Act, the Comptroller General tablished under subsection (c). cess for minority and economically disadvan- shall transmit to the Committee on Science of (c) PETE CONRAD ASTRONOMY AWARD PRO- taged students under this section, and the re- the House of Representatives and the Committee GRAM.— sults of such efforts. on Commerce, Science, and Transportation of (1) IN GENERAL.—The Administrator shall es- TITLE VII—MISCELLANEOUS the Senate an assessment of the milestones and tablish the Charles ‘‘Pete’’ Conrad Astronomy AMENDMENTS estimated costs of the plans submitted under sec- Awards Program. SEC. 701. RETROCESSION OF JURISDICTION. tion 102(a)(7). (2) AWARDS.—The Administrator shall make TITLE VI—OTHER PROGRAM AREAS awards under the Program based on the rec- The National Aeronautics and Space Act of ommendations of the Minor Planet Center. 1958 (42 U.S.C. 2451 et seq.) is amended by add- Subtitle A—Space and Flight Support ing at the end of title III the following new sec- (3) AWARD CATEGORIES.—The Administrator SEC. 601. ORBITAL DEBRIS. tion: The Administrator, in conjunction with the shall make one annual award, unless there are ‘‘RETROCESSION OF JURISDICTION heads of other Federal agencies, shall take steps no eligible discoveries or contributions, for each ‘‘SEC. 316. (a) Notwithstanding any other pro- to develop or acquire technologies that will en- of the following categories: vision of law, the Administrator may relinquish able NASA to decrease the risks associated with (A) The amateur astronomer or group of ama- to a State all or part of the legislative jurisdic- orbital debris. teur astronomers who in the preceding calendar tion of the United States over lands or interests SEC. 602. SECONDARY PAYLOAD CAPABILITY. year discovered the intrinsically brightest near- Earth asteroid among the near-Earth asteroids under the control of the Administrator in that The Administrator is encouraged to provide State. the capabilities to support secondary payloads that were discovered during that year by ama- teur astronomers or groups of amateur astrono- ‘‘(b) For purposes of this section, the term on United States launch vehicles, including ‘State’ means any of the several States, the Dis- freeflyers, for satellites or scientific payloads. mers. (B) The amateur astronomer or group of ama- trict of Columbia, the Commonwealth of Puerto Subtitle B—Education teur astronomers who made the greatest con- Rico, the United States Virgin Islands, Guam, SEC. 611. INSTITUTIONS IN NASA’S MINORITY IN- tribution to the Minor Planet Center’s mission American Samoa, the Northern Mariana Is- STITUTIONS PROGRAM. of cataloguing near-Earth asteroids during the lands, and any other commonwealth, territory, The matter appearing under the heading preceding year. or possession of the United States.’’. ‘‘ NATIONAL AERONAUTICS AND SPACE AD- (4) AWARD AMOUNT.—An award under the SEC. 702. EXTENSION OF INDEMNIFICATION. MINISTRATION—SMALL AND DISADVANTAGED Program shall be in the amount of $3,000. Section 309 of the National Aeronautics and BUSINESS’’ in title III of the Departments of Vet- (5) GUIDELINES.—(A) No individual who is not Space Act of 1958 (42 U.S.C. 458c) is amended in erans Affairs and Housing and Urban Develop- a citizen or permanent resident of the United subsection (f)(1) by striking ‘‘December 31, 2002’’ ment, and Independent Agencies Appropriations States at the time of his discovery or contribu- through ‘‘September 30, 2005’’ and inserting, Act, 1990 (42 U.S.C. 2473b; 103 Stat. 863) is tion may receive an award under this section. ‘‘December 31, 2010, except that the Adminis- amended by striking ‘‘Historically Black Col- (B) The decisions of the Administrator in trator may extend the termination date to a date leges and Universities and’’ and inserting ‘‘His- making awards under this section are final. not later than September 30, 2015, if the Admin- torically Black Colleges and Universities that istrator has entered into an arrangement with are part B institutions (as defined in section SEC. 614. REVIEW OF EDUCATION PROGRAMS. (a) IN GENERAL.—The Administrator shall the National Academy of Public Administration 322(2) of the Higher Education Act of 1965 (20 to determine the impact on private parties and U.S.C. 1061(2))), Hispanic-serving institutions enter into an arrangement with the National Research Council of the National Academy of the Federal Government of eliminating this sec- (as defined in section 502(a)(5) of that Act (20 tion’’. U.S.C. 1101a(a)(5))), Tribal Colleges or Univer- Sciences to conduct a review and evaluation of SEC. 703. NASA SCHOLARSHIPS. sities (as defined in section 316(b)(3) of that Act NASA’s science, technology, engineering, and (a) AMENDMENTS.—Section 9809 of title 5, (20 U.S.C. 1059c(b)(3))), Alaskan Native-serving mathematics education program. The review United States Code, is amended— institutions (as defined in section 317(b)(2) of and evaluation shall be documented in a report (1) in subsection (a)(2) by striking ‘‘Act.’’ and that Act (20 U.S.C. 1059d)(b)(2))), Native Hawai- to the Administrator and shall include such rec- inserting ‘‘Act (42 U.S.C. 1885a or 1885b).’’; ian-serving institutions (as defined in section ommendations as the National Research Council (2) in subsection (c) by striking ‘‘require.’’ and 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), determines will improve the effectiveness of the inserting ‘‘require to carry out this section.’’; and’’. program. (b) REVIEW.—The review and evaluation (3) in subsection (f)(1) by striking the last sen- SEC. 612. PROGRAM TO EXPAND DISTANCE tence; and LEARNING IN RURAL UNDERSERVED under subsection (a) shall include— AREAS. (1) an evaluation of the effectiveness of the (4) in subsection (g)(2) by striking ‘‘Treasurer (a) IN GENERAL.—The Administrator shall de- overall program in meeting its defined goals and of the’’ and all that follows through ‘‘by 3’’ and velop or expand programs to extend science and objectives; inserting ‘‘Treasurer of the United States’’. space educational outreach to rural commu- (2) an assessment of the quality and edu- (b) REPEAL.—The Vision 100—Century of nities and schools through video conferencing, cational effectiveness of the major components Aviation Reauthorization Act is amended by interpretive exhibits, teacher education, class- of the program, including an evaluation of the striking section 703 (42 U.S.C. 2473e). room presentations, and student field trips. adequacy of assessment metrics and data collec- SEC. 704. INDEPENDENT COST ANALYSIS. (b) PRIORITIES.—In carrying out subsection tion requirements available for determining the Section 301 of the National Aeronautics and (a), the Administrator shall give priority to ex- effectiveness of individual projects; Space Administration Authorization Act of 2000 isting programs— (3) an evaluation of the funding priorities in (42 U.S.C. 2459g) is amended— (1) that utilize community-based partnerships the program, including a review of the funding (1) by striking ‘‘Phase B’’ in subsection (a) in the field; level and funding trend for each major compo- and inserting ‘‘implementation’’;

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.010 H22JYPT1 H6356 CONGRESSIONAL RECORD — HOUSE July 22, 2005 (2) by striking ‘‘$150,000,000’’ in subsection (a) Space Station that could lead to its destruction, (3) In the case of a Commission established and inserting ‘‘$250,000,000’’; compromise the health of its crew, or necessitate under subtitle A, the President shall select one (3) by striking ‘‘Chief Financial Officer’’ each its premature abandonment. candidate from a list of candidates for member- place it appears in subsection (a) and inserting (b) DEADLINE FOR ESTABLISHMENT.—The ship on the Commission provided by the Presi- ‘‘Administrator’’; President shall issue an executive order estab- dent of the collective-bargaining organization (4) by inserting ‘‘and consider’’ in subsection lishing a Commission within 30 days after the including the largest member of NASA engi- (a) after ‘‘shall conduct’’; and date of enactment of this Act. neers. (5) by striking subsection (b) and inserting the SEC. 812. TASKS OF THE COMMISSION. (4) No officer or employee of the Federal Gov- following: The Commission established under section 811 ernment shall serve as a member of the Commis- ‘‘(b) IMPLEMENTATION DEFINED.—In this sec- shall, to the extent possible, undertake the fol- sion. tion, the term ‘implementation’ means all activ- lowing tasks: (5) No member of the Commission shall have, ity in the life cycle of a project after preliminary (1) Catalog threats to and vulnerabilities of or have pending, a contractual relationship design, independent assessment of the prelimi- the ISS, including design flaws, natural phe- with NASA. nary design, and approval to proceed into im- nomena, computer software or hardware flaws, (6) The President shall not appoint any indi- plementation, including critical design, develop- sabotage or terrorist attack, number of crew- vidual as a member of a Commission under this ment, certification, launch, operations, disposal members, and inability to adequately deliver re- section who has a current or former relationship of assets, and, for technology programs, devel- placement parts and supplies, and management with the Administrator that the President deter- opment, testing, analysis and communication of or procedural deficiencies. mines would constitute a conflict of interest. the results.’’. (2) Make recommendations for corrective ac- (7) To the extent practicable, the President shall ensure that the members of the Commission SEC. 705. LIMITATIONS ON OFF-SHORE PERFORM- tions. ANCE OF CONTRACTS FOR THE PRO- (3) Provide any additional findings or rec- include some individuals with experience rel- CUREMENT OF GOODS AND SERV- ommendations related to ISS safety. ative to human carrying spacecraft, as well as ICES. (4) Prepare a report to Congress, the Presi- some individuals with investigative experience (a) CONVERSIONS TO CONTRACTOR PERFORM- dent, and the public. and some individuals with legal experience. (8) To the extent practicable, the President ANCE OF ADMINISTRATION ACTIVITIES.—Except SEC. 813. SUNSET. shall seek diversity in the membership of the as provided in subsection (c), an activity or The Commission established under this sub- Commission. function of the Administration that is converted title shall expire not later than one year after to contractor performance under Office of Man- (9) The President may waive the prohibitions the date on which the full Commission member- in paragraphs (5) and (6) with respect to the se- agement and Budget Circular A–76 may not be ship is appointed. lection of not more than 2 members of a Commis- performed by the contractor or any subcon- Subtitle B—Human Space Flight Independent sion established under subtitle A. tractor at a location outside the United States. Investigation Commission (c) DEADLINE FOR APPOINTMENT.—All mem- (b) CONTRACTS FOR THE PROCUREMENT OF SEC. 821. ESTABLISHMENT OF COMMISSION. bers of a Commission established under subtitle SERVICES.—(1) Except as provided in subsection (a) ESTABLISHMENT.—The President shall es- A shall be appointed no later than 60 days after (c), a contract for the procurement of goods or tablish an independent, nonpartisan Commis- issuance of the executive order establishing the services that is entered into by the Adminis- sion within the executive branch to investigate Commission. All members of a Commission estab- trator may not be performed outside the United any incident that results in the loss of— lished under subtitle B shall be appointed no States unless it is to meet a requirement of the (1) a Space Shuttle; later than 30 days after the incident. Administration for goods or services specifically (2) the International Space Station or its oper- (d) INITIAL MEETING.—A Commission shall at a location outside the United States. ational viability; meet and begin operations as soon as prac- (2) The President may waive the prohibition (3) any other United States space vehicle car- ticable. in paragraph (1) in the case of any contract for rying humans that is being used pursuant to a (e) QUORUM; VACANCIES.—After its initial which the President determines in writing that contract with the Federal Government; or meeting, a Commission shall meet upon the call it is necessary in the national security interests (4) a crew member or passenger of any space of the Chairman or a majority of its members. of the United States for goods or services under vehicle described in this subsection. Eight members of a Commission shall constitute the contract to be performed outside the United (b) DEADLINE FOR ESTABLISHMENT.—The a quorum. Any vacancy in a Commission shall States. President shall issue an executive order estab- not affect its powers, but shall be filled in the (3) The Administrator may waive the prohibi- lishing a Commission within 7 days after an in- same manner in which the original appointment tion in paragraph (1) in the case of any contract cident specified in subsection (a). was made. for which the Administrator determines in writ- SEC. 822. TASKS OF THE COMMISSION. SEC. 832. POWERS OF COMMISSION. ing that essential goods or services under the A Commission established pursuant to this (a) HEARINGS AND EVIDENCE.—A Commission contract are only available from a source out- subtitle shall, to the extent possible, undertake or, on the authority of the Commission, any side the United States. the following tasks: subcommittee or member thereof, may, for the (c) EXCEPTION.—Subsections (a) and (b)(1) (1) Investigate the incident. purpose of carrying out this title— shall not apply to the extent that the activity or (2) Determine the cause of the incident. (1) hold such hearings and sit and act at such function under the contract was previously per- (3) Identify all contributing factors to the times and places, take such testimony, receive formed by Federal Government employees out- cause of the incident. such evidence, administer such oaths; and side the United States. (4) Make recommendations for corrective ac- (2) require, by subpoena or otherwise, the at- (d) CONSISTENCY WITH INTERNATIONAL AGREE- tions. tendance and testimony of such witnesses and MENTS.—The provisions of this section shall not (5) Provide any additional findings or rec- the production of such books, records, cor- apply to the extent that they are inconsistent ommendations deemed by the Commission to be respondence, memoranda, papers, and docu- with obligations of the United States under important, whether or not they are related to ments, international agreements. the specific incident under investigation. as the Commission or such designated sub- (e) ANNUAL REPORT.—The Administrator shall (6) Prepare a report to Congress, the Presi- committee or designated member may determine submit to Congress, not later than 120 days after dent, and the public. advisable. the end of each fiscal year, a report on the con- Subtitle C—Organization and Operation of (b) CONTRACTING.—A Commission may, to tracts performed overseas and amount of pur- Commissions such extent and in such amounts as are pro- chases by NASA from foreign entities in that fis- SEC. 831. COMPOSITION OF COMMISSIONS. vided in appropriation Acts, enter into contracts cal year. Such report shall separately indicate (a) NUMBER OF COMMISSIONERS.—A Commis- to enable the Commission to discharge its duties the dollar value of contracts for which the pro- sion established pursuant to this title shall con- under this title. visions of this section were waived and the dol- sist of 15 members. (c) INFORMATION FROM FEDERAL AGENCIES.— lar value of items for which the Buy American (b) SELECTION.—The members of a Commission (1) IN GENERAL.—A Commission may secure di- Act was waived pursuant to obligations of the shall be chosen in the following manner: rectly from any executive department, bureau, United States under international agreements. (1) The President shall appoint the members, agency, board, commission, office, independent TITLE VIII—INDEPENDENT COMMISSIONS and shall designate the Chairman and Vice establishment, or instrumentality of the Govern- ment, information, suggestions, estimates, and SEC. 1. DEFINITIONS. Chairman of the Commission from among its statistics for the purposes of this title. Each de- For purposes of this title— members. (1) the term ‘‘Commission’’ means a Commis- (2) Four of the 15 members appointed by the partment, bureau, agency, board, commission, sion established under this title; and President shall be selected by the President in office, independent establishment, or instrumen- (2) the term ‘‘incident’’ means either an acci- the following manner: tality shall, to the extent authorized by law, dent or a deliberate act. (A) The majority leader of the Senate, the mi- furnish such information, suggestions, esti- nority leader of the Senate, the Speaker of the mates, and statistics directly to the Commission, Subtitle A—International Space Station House of Representatives, and the minority upon request made by the Chairman, the chair- Independent Safety Commission leader of the House of Representatives shall man of any subcommittee created by a majority SEC. 811. ESTABLISHMENT OF COMMISSION. each provide to the President a list of can- of the Commission, or any member designated by (a) ESTABLISHMENT.—The President shall es- didates for membership on the Commission. a majority of the Commission. tablish an independent, nonpartisan Commis- (B) The President shall select one of the can- (2) RECEIPT, HANDLING, STORAGE, AND DIS- sion within the executive branch to discover and didates from each of the 4 lists for membership SEMINATION.—Information shall only be re- assess any vulnerabilities of the International on the Commission. ceived, handled, stored, and disseminated by

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A22JY7.010 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6357 members of the Commission and its staff con- under this title without the appropriate security Page 33, line 15, strike ‘‘1 year’’ and insert sistent with all applicable statutes, regulations, clearances. ‘‘18 months’’. and Executive orders. SEC. 837. REPORTING REQUIREMENTS AND TER- Page 33, line 20, insert ‘‘An appropriation (d) ASSISTANCE FROM FEDERAL AGENCIES.— MINATION. for the program enacted subsequent to a re- (1) GENERAL SERVICES ADMINISTRATION.—The (a) INTERIM REPORTS.—A Commission may port being transmitted shall be considered Administrator of General Services shall provide submit to the President and Congress interim re- an authorization for purposes of this sub- to a Commission on a reimbursable basis admin- ports containing such findings, conclusions, and section.’’ after ‘‘by law.’’. istrative support and other services for the per- recommendations for corrective actions as have Page 34, line 24, strike ‘‘$100,000,000’’ and formance of the Commission’s tasks. been agreed to by a majority of Commission insert ‘‘$150,000,000’’. (2) OTHER DEPARTMENTS AND AGENCIES.—In members. Page 36, line 24, strike ‘‘subparagraph’’ and addition to the assistance prescribed in para- (b) FINAL REPORT.—A Commission shall sub- insert ‘‘paragraph’’. graph (1), departments and agencies of the mit to the President and Congress, and make Page 37, line 4, strike ‘‘to compensate for United States may provide to the Commission concurrently available to the public, a final re- the maximum probable loss, as’’. such services, funds, facilities, staff, and other port containing such findings, conclusions, and Page 37, line 21, strike ‘‘from both within support services as they may determine advis- recommendations for corrective actions as have and outside the Administration’’. able and as may be authorized by law. been agreed to by a majority of Commission Page 38, line 1, insert ‘‘from outside the (3) NASA ENGINEERING AND SAFETY CENTER.— members. Such report shall include any minority Administration, including’’ after ‘‘individ- The NASA Engineering and Safety Center shall views or opinions not reflected in the majority uals’’. provide data and technical support as requested report. Page 38, line 4, strike ‘‘employees, officers, by a Commission. (c) TERMINATION.— directors, or agents of,’’ and insert ‘‘an em- (1) IN GENERAL.—A Commission, and all the ployee, officer, director, or agent of’’. SEC. 833. PUBLIC MEETINGS, INFORMATION, AND Page 38, line 14, strike ‘‘Such funds shall HEARINGS. authorities of this title with respect to that Com- not increase the amount of a prize after the (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC mission, shall terminate 60 days after the date amount has been announced pursuant to sub- VERSIONS OF REPORTS.—A Commission shall— on which the final report is submitted under section (d).’’. (1) hold public hearings and meetings to the subsection (b). Page 38, line 19, strike ‘‘Funds appro- extent appropriate; and (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- priated for the program’’ and insert ‘‘Not- (2) release public versions of the reports re- NATION.—A Commission may use the 60-day pe- withstanding any other provision of law, quired under this Act. riod referred to in paragraph (1) for the purpose funds appropriated for prize awards’’. (b) PUBLIC HEARINGS.—Any public hearings of of concluding its activities, including providing Page 39, strike line 3 through line 5 and in- a Commission shall be conducted in a manner testimony to committees of Congress concerning sert the following: consistent with the protection of information its reports and disseminating the final report. (3) No prize may be announced under sub- provided to or developed for or by the Commis- The CHAIRMAN. No amendment to section (d) until all the funds needed to pay sion as required by any applicable statute, regu- that amendment is in order except the out the announced amount of the prize have lation, or Executive order. amendments printed in House Report been appropriated or committed in writing SEC. 834. STAFF OF COMMISSION. 109–179. Each amendment may be of- by a private source. The Administrator may (a) APPOINTMENT AND COMPENSATION.—The fered only in the order printed in the increase the amount of a prize after an ini- Chairman, in consultation with Vice Chairman, tial announcement is made under subsection in accordance with rules agreed upon by a Com- report, by a Member designated in the report, shall be considered read, shall (d) if— mission, may appoint and fix the compensation (A) notice of the increase is provided in the of a staff director and such other personnel as be debatable for the time specified in same manner as the initial notice of the may be necessary to enable the Commission to the report, equally divided and con- prize; and carry out its functions. trolled by the proponent and an oppo- (B) the funds needed to pay out the an- (b) DETAILEES.—Any Federal Government em- nent, shall not be subject to amend- nounced amount of the increase have been ployee, except for an employee of NASA, may be ment, and shall not be subject to a de- appropriated or committed in writing by a detailed to a Commission without reimbursement mand for division of the question. private source. from the Commission, and such detailee shall re- Page 41, line 20, strike ‘‘provide’’ and in- tain the rights, status, and privileges of his or b 1045 sert ‘‘transmit to the Committee on Science her regular employment without interruption. The CHAIRMAN. It is now in order to of the House of Representatives and the (c) CONSULTANT SERVICES.—A Commission consider amendment No. 1 printed in Committee on Commerce, Science, and may procure the services of experts and consult- Transportation of the Senate’’. ants in accordance with section 3109 of title 5, House Report 109–179. Page 43, line 18, insert at the end ‘‘Not United States Code, but at rates not to exceed AMENDMENT NO. 1 OFFERED BY MR. BOEHLERT later than one year after the date of enact- the daily rate paid a person occupying a posi- Mr. BOEHLERT. Mr. Chairman, I ment of this Act, the Administrator shall tion at level IV of the Executive Schedule under offer an amendment. transmit the study to the Committee on section 5315 of title 5, United States Code. Any The CHAIRMAN. The Clerk will des- Science of the House of Representatives and consultant or expert whose services are procured ignate the amendment. the Committee on Commerce, Science and under this subsection shall disclose any contract The text of the amendment is as fol- Transportation of the Senate’’. or association it has with NASA or any NASA lows: Page 44, after line 6, add the following new contractor. section: SEC. 835. COMPENSATION AND TRAVEL EX- Amendment No. 1 offered by Mr. BOEH- LERT: SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT. PENSES. It is the sense of Congress that, in keeping (a) COMPENSATION.—Each member of a Com- Page 7, line 10, strike ‘‘space science and earth science’’ and insert ‘‘space science, with the President’s Vision for Space Explo- mission may be compensated at not to exceed the ration, the Space Shuttle should return to daily equivalent of the annual rate of basic pay earth science and microgravity science’’. Page 16, line 25, strike ‘‘or Reduction in flight as soon as the Administrator deter- in effect for a position at level IV of the Execu- mines that a flight can be accomplished with tive Schedule under section 5315 of title 5, Force’’. Page 17, line 4, insert ‘‘(except for cause)’’ an acceptable level of safety. United States Code, for each day during which after ‘‘separations’’. In the table of contents in section 1(b), in- that member is engaged in the actual perform- Page 17, line 5, strike ‘‘October 1, 2006’’ and sert after the item relating to section 109 the ance of the duties of the Commission. insert ‘‘February 16, 2007’’. following: (b) TRAVEL EXPENSES.—While away from their Page 21, line 5, insert ‘‘non-aeronautical’’ Sec. 110. Space shuttle return to flight. homes or regular places of business in the per- after ‘‘other’’. Page 44, line 24, strike ‘‘$16,471,050,000’’ and formance of services for the Commission, mem- Page 26, line 21, strike ‘‘90 days after the insert ‘‘$16,965,650,000’’. bers of a Commission shall be allowed travel ex- date of enactment of this Act’’ and insert Page 45, line 6, strike ‘‘and’’. penses, including per diem in lieu of subsistence, ‘‘February 1, 2006’’. Page 45, line 8, strike the period and insert in the same manner as persons employed inter- Page 29, line 6, strike the period and insert, ‘‘; and’’. mittently in the Government service are allowed ‘‘, except in cases in which the Adminis- Page 45, after line 8, insert the following expenses under section 5703(b) of title 5, United trator has a conflict of interest.’’. new subparagraph: States Code. Page 30, line 1, insert ‘‘, program reserves,’’ (D) $8,900,000 for the Science and Tech- SEC. 836. SECURITY CLEARANCES FOR COMMIS- after ‘‘cost’’. nology Scholarship Program. SION MEMBERS AND STAFF. Page 30, line 4, strike ‘‘and’’. Page 45, line 10, strike ‘‘$3,181,100,000’’ and The appropriate Federal agencies or depart- Page 30, after line 4, insert the following insert ‘‘$3,844,100,000’’. ments shall cooperate with a Commission in ex- new subparagraph: Page 45, line 12, strike ‘‘$6,387,300,000’’ and peditiously providing to the Commission mem- (D) the plan for mitigating technical, insert ‘‘$6,218,900,000’’. bers and staff appropriate security clearances to schedule, and cost risks prepared in accord- Page 45, line 17, strike ‘‘$16,962,000,000’’ and the extent possible pursuant to existing proce- ance with subsection (a)(1)(A); and insert ‘‘$17,726,800,000’’. dures and requirements. No person shall be pro- Page 30, line 5, strike ‘‘(D)’’ and insert Page 46, line 2, strike ‘‘$3,589,200,000’’ and vided with access to classified information ‘‘(E)’’. insert ‘‘$4,514,000,000’’.

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A22JY7.010 H22JYPT1 H6358 CONGRESSIONAL RECORD — HOUSE July 22, 2005 Page 46, line 4, strike ‘‘$6,007,700,000’’ and NASA shall implement the program, as for the space station and clarifies pro- insert ‘‘$5,847,700,000’’. planned in the July 5, 2005 National Research visions relating to cost reporting on Page 47, line 14, strike ‘‘each such Com- Announcement. major programs, and raises the thresh- mittee’’ and insert ‘‘the Committee on In the table of contents in section 1(b), in- old for a major program to those with Science of the House of Representatives and sert after the item relating to section 615 the the Committee on Commerce, Science and following: a life-cycle cost of at least $150 million. The amendment, like the underlying Transportation of the Senate’’. Sec. 616. Museums. Page 49, line 13, strike ‘‘Each year’’ and in- Sec. 617. Review of MUST program. bill, represents a bipartisan effort, and it has the full support of the adminis- sert ‘‘Not later than March 1 of each year’’. Page 82, line 11, strike ‘‘(42 U.S.C. 458c)’’ Page 50, line 7, insert ‘‘study titled ‘Assess- and insert ‘‘(42 U.S.C. 2458c)’’. tration. I urge its adoption. ment of Options for Extending the Life of the Page 83, line 17 strike ‘‘(2) by striking’’ and Mr. Chairman, I reserve the balance Hubble Space Telescope’ ’’ after ‘‘after Na- all that follows though line 18. of my time. tional Academy of Sciences’’. Page 83, line 19, strike ‘‘(3)’’ and insert Mr. GORDON. Mr. Chairman, I ask Page 50, line 10, insert ‘‘the Administrator ‘‘(2)’’. unanimous consent to claim the time shall determine’’ after ‘‘Space Shuttle,’’. Page 83, line 22, strike ‘‘(4)’’ and insert in opposition under the rule, since no Page 50, line 12, strike ‘‘shall be deter- ‘‘(3)’’. mined’’. opponent has risen to claim that time. Page 83, line 24, strike ‘‘(5)’’ and insert Page 54, lines 11 and 12, strike ‘‘the Under The CHAIRMAN. Is there objection ‘‘(4)’’. Secretary of Commerce for Oceans and At- to the request of the gentleman from Page 86, after line 3, add the following new mosphere and’’. Tennessee? section: Page 54, line 12, insert ‘‘and the Adminis- There was no objection. trator of the National Oceanic and Atmos- SEC. 706. LONG DURATION FLIGHT. Mr. GORDON. Mr. Chairman, I yield pheric Administration’’ after ‘‘Adminis- No provision of this or any other Act shall myself such time as I may consume. trator’’. be construed to prohibit NASA from accom- Mr. Chairman, I want to speak in Page 71, line 11, strike ‘‘shall’’ and insert modating the exercise of religion by astro- nauts engaged in long duration space flight support of the manager’s amendment ‘‘may’’. to H.R. 3070. This manager’s amend- Page 72, strike line 5 and all that follows missions. through line 16, and insert the following: In the table of contents in section 1(b), in- ment is a result of a great deal of con- structive discussion and negotiation SEC. 440. UNIVERSITY-BASED CENTERS. sert after the item relating to section 705 the following: (a) IN GENERAL.—The Administrator may between the majority and the minor- award grants to institutions of higher edu- Sec. 706. Long duration flight. ity. I believe that on balance it will cation (or consortia thereof) to establish one Page 87, line 17, strike ‘‘expire’’ and insert make a good bill better. or more centers for the purpose described in ‘‘shall transmit its final report’’. The gentleman from New York subsection (b). Page 88, line 5, insert ‘‘that is owned by the (Chairman BOEHLERT) has already out- (b) PURPOSE.—The purpose of the centers is Federal government or’’ after ‘‘humans’’. lined the provisions of the manager’s to conduct basic and applied research on the Page 90, line 3, strike ‘‘member’’ and insert amendment, so I will not take the time impact of new technologies and procedures, ‘‘number’’. to restate them. Instead, I would like particularly those related to aeronautical The CHAIRMAN. Pursuant to House to limit myself to a few comments. navigation and control. Resolution 370, the gentleman from In the table of contents in section 1(b) First, I am prepared to support the New York (Mr. BOEHLERT), and a Mem- increased funding of NASA’s explo- strike the item relating to section 440 and ber opposed each will control 10 min- insert the following: ration program that is contained in utes. this amendment. As I said in my state- Sec. 440. University-based centers. The Chair recognizes the gentleman Page 73, line 15, strike the semicolon and ment during the general debate, I insert ‘‘, unless the Administrator transmits from New York (Mr. BOEHLERT). think that the approach taken in the a report to the Committee on Science of the Mr. BOEHLERT. Mr. Chairman, I amendment to increase exploration House of Representatives and the Committee yield myself such time as I may con- funding is the right one. If this amend- on Science, Transportation of the Senate sume. ment passes, as I hope it will, it will be prior to awarding a development contract for (Mr. BOEHLERT asked and was given a clear statement that the House of the Crew Exploration Vehicle, explaining permission to revise and extend his re- why such a requirement should not be met Representatives believes that addi- marks.) tional funding for the exploration pro- and the impact of not meeting the require- Mr. BOEHLERT. Mr. Chairman, I rise ment on the ISS research agenda and oper- gram should not be obtained by ations;’’. to support my amendment, which I am cannibalizing NASA’s other core mis- Page 73, line 25, strike ‘‘provide sufficient’’ offering along with my partners in this sions. That is an important policy and insert ‘‘require sufficient surge delivery endeavor, the gentleman from Cali- statement, and I am pleased that the capability or’’. fornia (Chairman CALVERT), the gen- House will make it by adopting this Page 74, after line 10, insert the following tleman from Tennessee (Mr. GORDON), amendment. new subsection: and the gentleman from Colorado (Mr. (d) CENTRIFUGE.—Nothing in this Act shall There are other constructive provi- UDALL). This amendment makes many sions in the amendment; namely, pro- be construed to prohibit the installation of technical and clarifying changes to the the centrifuge on the ISS. visions to ensure that the needs of Page 81, line 15, insert at the end the fol- bill, some of them sought by NASA. It NASA’s workforce are addressed in the lowing: ‘‘As part of the report, the Adminis- includes specific language sought by a midst of all the changes occurring at trator shall provide data on minority par- number of Members, including the gen- NASA; provisions to encourage the par- ticipation in NASA’s education programs, at tleman from Florida (Mr. FEENEY) and ticipation of minorities and women in a minimum in the following categories: ele- the gentlewoman from Illinois (Mrs. NASA’s educational activities, as well mentary and secondary education, under- BIGGERT), the gentleman from Cali- graduate education, and graduate edu- as other programs; a statement of sup- fornia (Mr. HONDA), and the gentleman cation.’’ port for NASA’s shuttle return-to- Page 81, after line 15, insert the following from California (Mr. BACA). flight efforts; and a statement making new sections: Most importantly, this amendment clear that Congress is certainly not op- SEC. 616. MUSEUMS. fully funds the President’s request for posed to installing the life sciences The Administrator may provide grants to, exploration for fiscal years 2006 and centrifuge on the International Space and enter into cooperative agreements with 2007, not by cutting other programs, Station to support its research agenda. museums and planetariums to enable them but by adding to the bottom line of the Mr. Chairman, the manager’s amend- to enhance programs related to space explo- bill. I want to thank the administra- ment also makes a number of technical ration, aeronautics, space science, earth tion and key members of our com- changes that strengthen the bill. science, or microgravity. mittee, including the gentleman from In sum, I think the manager’s SEC. 617. REVIEW OF MUST PROGRAM. Texas (Mr. HALL) and the gentleman amendment improves an already good Not later than 60 days after the date of en- from Texas (Mr. SMITH) and the gen- actment of this Act, the Administrator shall bill, and I urge the Members to support tleman from Florida (Mr. FEENEY) for transmit a report to Congress on the legal it. status of the Motivating Undergraduates in working with us on this amendment. Mr. Chairman, I reserve the balance Science and Technology program. If the re- The amendment also specifically rec- of my time. port concludes that the program is in com- ognizes our hope for return to flight. It Mr. BOEHLERT. Mr. Chairman, I pliance with the laws of the United States, gives NASA flexibility on the crew size yield 2 minutes to the gentleman from

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A22JY7.018 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6359 California (Mr. CALVERT), the distin- Americans, and other minorities in reauthorization as it continues the guished chairman of the Subcommittee NASA’s educational programs. In addi- agency’s vital work, implementing and on Space. tion, it addresses some important con- filling in the details of the President’s Mr. CALVERT. Mr. Chairman, the cerns of the NASA workforce. bold Vision for Space Exploration. manager’s amendment for the NASA Finally, as was pointed out by the Almost 36 years to the day since Neil Authorization Act of 2005 is an impor- gentleman from Tennessee (Ranking Armstrong took his ‘‘small step for tant complement to the bill reported Member GORDON), this amendment in- man,’’ today the House will help NASA out of our committee last week. dicates that Congress supports explo- make its next ‘‘giant leap for man- The amendment includes some tech- ration, but also that Congress is mak- kind.’’ nical changes, as was mentioned, as ing clear that additional funding for The Committee on Science has well as a number of amendments from exploration should not be obtained by brought forth a comprehensive bill committee members and other inter- cutting NASA’s important science, aer- that fully funds the Space Shuttle, the ested Members. We will now fully fund onautics, and education programs. I International Space Station, both vital the President’s Vision for Space Explo- think this is crucial policy guidance. components of the President’s vision, ration, which includes the Space Shut- In closing, Mr. Chairman, I would aeronautics, servicing the Hubble tele- tle’s return to flight, completion of the like to again thank the chairman of scope and the James Webb telescope International Space Station, and devel- the committee, the gentleman from project. opment of the new Crew Exploration New York (Mr. BOEHLERT), my good I am particularly gratified that the Vehicle, which will allow us to return friend, the chairman of the sub- committee has seen fit to fully fund to the Moon by 2020, to Mars, and be- committee, the gentleman from Cali- NASA’s exploration systems, which, of yond. fornia (Mr. CALVERT), and the gen- course, is not only the heart and soul Just as our bill is a bipartisan com- tleman from Tennessee (Ranking Mem- of the agency, but the very essence of promise, this amendment also rep- ber GORDON) for this very important America’s mission in space. resents a bipartisan effort with ap- piece of legislation, and salute the staff The bill dovetails seamlessly with proval of both sides of the aisle for and everybody involved in the crafting President Bush’s vision by calling for a each addition that was incorporated. of this legislation. I urge the adoption timely return to shuttle flight, the Our committee also worked with the of the manager’s amendment. completion of the ISS, and the develop- administration on several of the funda- Mr. BOEHLERT. Mr. Chairman, I re- ment of a new Crew Exploration Vehi- mental concepts in both the bill and serve the balance of my time. cle. the amendment. As a result, we have Mr. GORDON. Mr. Chairman, I yield The manager’s amendment to the bill received the support of the administra- 2 minutes to the gentlewoman from contains many improvements over the tion on the bill with the changes in the Texas (Ms. EDDIE BERNICE JOHNSON). original bill, including a provision to manager’s amendment. Ms. EDDIE BERNICE JOHNSON of restore $1.26 billion in funding to explo- We all recognize that NASA is a Texas. Mr. Chairman, I rise to support ration systems, while also crafting im- multi-mission agency, and the com- the manager’s amendment. Much delib- portant language to better monitor po- mittee worked to provide the rules and eration went into the amendment. As I tential cost overruns. It also acknowl- tools that will enable the agency to said earlier, the chairman of the com- edges the critical role the shuttle has maintain the balance as we proceed mittee and ranking member worked in achieving the first step of the Presi- into the Second Space Age. very closely together. We started out dent’s vision. We are hoping this is the first of very far apart, but they worked very I just want to thank the gentleman many NASA authorization bills over close together and we were able to from New York (Mr. BOEHLERT), the the years. It has been too long since come together on an agreed upon bill. gentleman from California (Mr. CAL- that last authorization. We owe it to It does speak to minority participa- VERT), the gentleman from Tennessee NASA and the American people to offer tion across the board, and workforce, (Ranking Member GORDON), and the guidance through the authorizing proc- because we know we have to build a gentleman from Colorado (Ranking ess on a regular basis. I commend the strong workforce to keep this mission Member Udall) and the rest of their gentleman from New York (Mr. BOEH- going, and the type of research it is committee for their hard work on these LERT) for his leadership and the gen- and how important it is to our every- provisions. This is an excellently craft- tleman from Tennessee (Ranking Mem- day lives. It encourages us to get the ed bill. It is a bipartisan bill; in fact, ber GORDON) and the gentleman from shuttle back into space, because that is one could probably say it is a non- Colorado (Ranking Member UDALL) all where we have gotten most of our prod- partisan bill, and one that has shown for their persistence in pursuing this ucts and services, through that type of how Members can come together, work balanced, bipartisan bill. I also thank research. We do not want to hasten to together, and have an excellent out- the committee staff, as was mentioned Mars, but we know that we cannot stop come. before, on both sides of the aisle for in research. It must go on continually But, ultimately, Mr. Chairman, this their efforts on this bipartisan com- and constantly so that we can main- bill does one thing: it gives the men promise. tain a competitive edge. and women of NASA, many of whom I I urge my colleagues to support the All of us know that we will not bring am fortunate enough to represent, the manager’s amendment and vote for its any products to the market or any resources they need to make that next passage. health care techniques and tech- giant leap, and I encourage all Mem- Mr. GORDON. Mr. Chairman, I yield nologies to the market without re- bers to support the manager’s amend- 2 minutes to the Ranking Member of search. This is the type of research ment and the bill. the subcommittee, the gentleman from that has brought us to where we are Mr. GORDON. Mr. Chairman, I have Colorado (Mr. UDALL). now. I am delighted to say that this is no further requests for time, and I Mr. UDALL of Colorado. Mr. Chair- my thirteenth year on this committee, yield back the balance of my time. man, I thank the gentleman for yield- and I am never bored. We know we need Mr. BOEHLERT. Mr. Chairman, in ing me this time, and I rise in support to encourage more young people, closing, I urge my colleagues to vote of this manager’s amendment. American-born, because most of our re- for this bipartisan manager’s amend- I concur with the comments of the searchers are not, to go into the field ment, and I yield back the balance of gentleman from Tennessee (Mr. GOR- of research so that we can, as a Nation, my time. DON) and believe he has accurately continue to lead the world. The CHAIRMAN. The question is on summarized the strengths of the man- Mr. BOEHLERT. Mr. Chairman, it is the amendment offered by the gen- ager’s amendment. my pleasure to yield such time as he tleman from New York (Mr. BOEH- I have to tell my colleagues I am par- may consume to the gentleman from LERT). ticularly heartened that the amend- Texas (Mr. DELAY), the distinguished The amendment was agreed to. ment adds additional provisions in- majority leader. The CHAIRMAN. It is now in order to tended to improve participation by His- Mr. DELAY. Mr. Chairman, I rise in consider amendment No. 2 printed in panics, African Americans, Native support, strong support of the NASA House Report 109–179.

VerDate Aug 04 2004 00:57 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.029 H22JYPT1 H6360 CONGRESSIONAL RECORD — HOUSE July 22, 2005 AMENDMENT NO. 2 OFFERED BY MS. VELA´ ZQUEZ results. This agency has an array of op- There was no objection. Ms. VELA´ ZQUEZ. Mr. Chairman, I tions when it comes to identifying Mr. BOEHLERT. Mr. Chairman, I offer an amendment. small companies, whether they work yield 3 minutes to the gentleman from The CHAIRMAN. The Clerk will des- with them individually, host national Texas (Mr. MCCAUL). ignate the amendment. conferences, or connect with the SBA Mr. MCCAUL of Texas. Mr. Chair- The text of the amendment is as fol- to identify contracting possibilities. man, I rise today in support of this val- lows: But whatever they are doing is not uable legislation to fund NASA, and I Amendment No. 2 offered by Ms. yielding an increase in small business would like to thank the gentleman VELA´ ZQUEZ: contracts. from New York (Mr. BOEHLERT) for his Add at the end of section 102 (page 28, after My amendment would guarantee that extraordinary leadership on this issue. line 10) the following new subsection: these outreach methods are examined Americans have high hopes for the (h) OFFICE OF SMALL AND DISADVANTAGED so that we can pinpoint the best way future of the space program. But if we BUSINESS UTILIZATION.—The Administrator for NASA to reach out to small firms. are to explore the boundaries of our shall transmit to the Committee on Science final frontier through the President’s and the Committee on Small Business of the This would allow us to truly see what House of Representatives and the Committee works, what does not work, and what Vision for Space Exploration, NASA on Commerce, Science, and Transportation industries are more likely to success- and its manned space flight program and the Committee on Small Business and fully penetrate NASA’s procurement must be adequately supported. This Entrepreneurship of the Senate a quarterly opportunities. It will also enable the legislation does just that, and it also report on the NASA Office of Small and Dis- Small Business Committee and the gives NASA Administrator Mike Grif- advantaged Business Utilization, which shall Science Committee to move forward in fin the tools he needs to work towards include a description of the outreach activi- ensuring NASA is taking the right the completion of the International ties of the Office and the impact of such ac- steps to meet their small business con- Space Station. tivities on the participation of small busi- tracting goal. In the 1960s, President Kennedy nesses, including small businesses owned by helped us begin the race to the Moon. women and minorities, in NASA contracts. This amendment is a good govern- ment solution to a problem that has And the United States reached that The CHAIRMAN. Pursuant to House been facing our Nation’s small compa- lofty goal six times with the Nation Resolution 370, the gentlewoman from nies for years now, their ability to ac- watching and listening to every mis- New York (Ms. VELA´ ZQUEZ) and a Mem- cess the Federal marketplace, and it is sion. We won that race then, and now ber opposed each will control 5 min- supported by the U.S. Women’s Cham- we must adopt again the same spirit of utes. ber of Commerce. Clearly, as stewards enthusiasm for space exploration. Ac- The Chair recognizes the gentle- of taxpayer dollars, one of our most cordingly, President Bush has laid out woman from New York (Ms. a plan that sets a goal of returning ´ important charges is ensuring that VELAZQUEZ). these resources are used in the most ef- Americans to the Moon within 15 Ms. VELA´ ZQUEZ. Mr. Chairman, I fective and efficient manner possible. years. yield myself such time as I may con- One of the best ways to go about this is However, the success of the Vision sume. to ensure accountability exists, and For Space Exploration is predicated on Mr. Chairman, the Federal market- adoption of this amendment will these goals being in the heart of tomor- place is doing record levels today, with achieve just that. This amendment will row’s scientists and engineers. To meet nearly every agency buying more than begin the process of identifying the this need, the President’s plan will ever before. NASA alone has increased barriers that prevent small companies again make space exploration an excit- their contracting volume by 30 percent from doing business with NASA. It will ing and educational priority for Amer- in the past 4 years. also assist NASA in honing its efforts ica. He has made it clear within the Despite NASA’s significant increase at increasing small business access to next half century, America will be the in procurement volume, small firms contracts to those endeavors that have world leader in space exploration with continue to fare poorly when it comes proven successful. missions to the Moon, Mars and be- to working with this agency. NASA’s I urge a ‘‘yes’’ vote on this amend- yond. small business contracts have declined ment. We must keep in mind that we are by 50 percent in the past 4 years. The Mr. GORDON. Mr. Chairman, will the not the only ones pursuing this goal, amendment I am offering today will gentlewoman yield? and America is once again in a space help to change this. Ms. VELA´ ZQUEZ. I yield to the gen- race. European countries are peace- Small companies represent the ma- tleman from Tennessee. fully competing against us in a race to jority of businesses in this country, Mr. GORDON. Mr. Chairman, I rise be the first country to land a man on and they are the most innovative. They today in support of this amendment of- Mars. And to win this race, NASA must issue more patents per employee than fered by the gentlewoman from New work with the private sector, univer- their large business counterparts. One York (Ms. VELA´ ZQUEZ). She has a long- sities around the Nation, and possibly would assume that this innovation standing interest and has been a great other countries to overcome the most would shine through in agencies that advocate for small and disadvantaged challenging technological obstacles rely on scientific knowledge and exper- businesses. The amendment offered by NASA has yet to face. tise. However, this has not been the the gentlewoman is a sensible measure The successes that are surely to case. that will help us to ensure that NASA’s come from the vision will benefit not NASA is an agency that relies heav- outreach efforts with small and dis- only America and its manned space ily on scientific expertise while, at the advantaged businesses are reached to flight program, but humanity and our same time, they control a large seg- their full potential. I hope Members planet will be direct benefactors of this ment of the Federal marketplace. They will join me in support of this measure historic undertaking. are consistently ranked third out of all and vote to include it in the bill. In a world tattered by war and ter- Federal agencies in terms of procure- Ms. VELA´ ZQUEZ. Mr. Chairman, I rorism, the NASA space exploration ment volume, buying more than the would like to take this opportunity to program brings the hope and promise Department of Health and Human thank the gentleman from Tennessee of a brighter tomorrow for our children Services, the Department of Agri- (Mr. GORDON), the ranking member, for and for future generations. Our goals culture, and the Department of Inte- supporting my amendment. to explore the endless boundaries of rior combined. Mr. Chairman, I reserve the balance our universe will and must continue. of my time. They are efforts linked to no political b 1100 Mr. BOEHLERT. Mr. Chairman, I rise party or branch of government. Our Clearly, NASA has the capability to to claim time in opposition to the need and want to explore space and the meet their small business goals; how- amendment, although I do not intend bodies around the Earth belong not ever, they do need some assistance and to oppose it. just to Americans but to humanity. In- we have no way to evaluate whether or The Acting CHAIRMAN (Mr. deed, they are efforts to continue what not their efforts in increasing small ADERHOLT). Without objection, the gen- humans have done since our inception business contracts are truly yielding tleman is recognized for 5 minutes. and that is to explore.

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.031 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6361 Mr. BOEHLERT. Mr. Chairman, I from Texas (Ms. JACKSON-LEE) and the historically Black colleges and universities, yield myself such time as I may con- gentleman from New York (Mr. BOEH- HBCUs, under NASA education programs to sume. I claim the time in opposition to LERT) each will control 5 minutes. the fiscal year 2004 funding level of $69.2 mil- the amendment only because it is pro- The Chair recognizes the gentle- lion for fiscal year 2006 and $71.2 million for cedurally necessary. I do not oppose woman from Texas (Ms. JACKSON-LEE). fiscal year 2007. My amendment would also the amendment. As a matter of fact, Ms. JACKSON-LEE of Texas. Mr. restore funding for Hispanic serving institutions after careful examination of not only Chairman, I yield myself 2 minutes. under NASA education programs in the the language but the intent, we are And let me just thank the gentleman amount of $46.4 million for fiscal year 2006 pleased to accept the amendment. And from New York (Mr. BOEHLERT) and the and $47.4 million for fiscal year 2007. I want to commend the gentlewoman gentleman from Tennessee (Mr. GOR- Unfortunately, we do not have nearly from New York for offering this amend- DON), the ranking member, for their enough minority representation in the fields of ment. I think it enriches the bill. leadership on this issue; my colleagues science and engineering. Minorities represent We, because of the proximity of our as well, the gentleman from Texas (Mr. only a small proportion of scientists and engi- offices and the frequency with which AL GREEN) and the gentlewoman from we have to travel from the offices to Texas (Ms. EDDIE BERNICE JOHNSON), neers in the United States. Collectively, the floor, often find ourselves on the and the entire Science Committee that Blacks, Hispanics, and other ethnic groups— same path at the same time. And let have worked extensively on this issue. the latter includes American Indian/Alaskan me say to my colleagues, I can think of My amendment is to restore funds to Natives—constituted 24 percent of the total no one who is more ardent in her sup- Historically Black Colleges under the U.S. population and only 7 percent of the total port of small business and her deter- NASA education program and to His- science and engineering workforce in 1999. mination to help us enrich bills, no panic Serving Colleges under the NASA Blacks and Hispanics each accounted for education program. This amendment matter which committee we might about 3 percent of scientists and engineers, specifically would add a funding level serve on. and other ethnic groups represented less than of $69.2 million for fiscal year 2006 and So I tell the gentlewoman I thank 0.5 percent. $72.2 million for fiscal year 2007. My her for offering this constructive The fact is that this year HBCUs face a $13 amendment would also restore funding amendment, and we accept it. million cut in their allotment from NASA edu- for Hispanic Serving Institutions under Ms. VELA´ ZQUEZ. I thank the gen- cation funds. Clearly, this money could make NASA education programs in the tleman from New York (Mr. BOEHLERT) amount of $46.4 million fiscal year 2006 a significant difference in the future diversity of for supporting my amendment. and $47.4 million fiscal year 2007. the science community. For most of America’s Mr. Chairman, I yield back the bal- Let me first of all again acknowledge history, African-Americans who received a col- ance of my time. the underlying bill to have included my lege education could only get it from an The Acting CHAIRMAN. The ques- amendment dealing with equal access HBCU. Today, HBCUs remain one of the sur- tion is on the amendment offered by to NASA’s education programs in est ways for an African-American, or student the gentlewoman from New York (Ms. which the administrator shall strive to of any race, to receive a high quality edu- ´ VELAZQUEZ). ensure equal access to education by mi- cation. In 1998, 29 percent of the African- The amendment was agreed to. norities. Might I give you a very small Americans who received science and engi- The Acting CHAIRMAN. It is now in example. In the opportunity to visit neering bachelor’s degrees earned them at order to consider amendment No. 3 NASA last week on the launch of the HBCUs. Seven of the top eleven producers of printed in House Report 109–179. new Discovery, I met a young lady who African-American baccalaureates in engineer- AMENDMENT NO. 3 OFFERED BY MS. JACKSON- I had not seen for a number of years. It ing were HBCUs, including No. 1 North Caro- LEE OF TEXAS was a number of years ago where I rec- lina A&T State University. The top three pro- Ms. JACKSON-LEE of Texas. Mr. ommended that she attend a NASA ducers of African-American baccalaureates in Chairman, I offer an amendment. launch, an African American young health professions—No. 1 Southern University The Acting CHAIRMAN. The Clerk woman in an environmental science and A&M College, No. 2 Florida A&M Univer- will designate the amendment. program, Ph.D. program at Texas sity, and No. 3 Howard University—were The text of the amendment is as fol- Southern University in Houston, HBCUs. The 12 top producers of African- lows: Texas. American baccalaureates in the physical Amendment No. 3 offered by Ms. JACKSON- Lo and behold, when I went there she sciences, including No. 1 Xavier University of LEE of Texas: came up to me and introduced herself Louisiana, were all HBCUs. Page 45, line 6, strike ‘‘and’’. and said, I am the young lady that you Hispanic serving institutions, HSIs, have Page 45, line 8, strike the period and insert allowed to go to a launch. Now I have a semicolon. also suffered dramatic cuts because of lower Page 45, after line 8, insert the following a Ph.D. in environmental sciences. I funding this year. Despite the fact that about new subparagraphs: am affiliated with NASA and I am one-third of Hispanics who earned science (D) $69,200,000 shall be for Historically writing a proposal to enhance the af- and engineering bachelor’s degrees did so at Black Colleges and Universities education filiation with Texas Southern Univer- HSIs. According to the Hispanic Association of programs; and sity. Colleges and Universities, Hispanics are his- (E) $46,400,000 shall be for Hispanic Serving This works, Mr. Chairman. The fund- torically underrepresented in the areas of Institutions education programs. ing of these colleges work. The great- science, technology, engineering and mathe- Page 45, line 22, strike ‘‘and’’. est producer of scientists are those Page 45, line 24, strike the period and in- matics. HSIs receive only half the Federal who, in fact, come from Historically sert a semicolon. funding per student, on average, according to Black Colleges. And I read into the Page 45, after line 24, insert the following every other degree-granting institution. Indeed RECORD these numbers: for S and E new subparagraphs: it seems sadly clear that HSIs are a long way graduates, scientists, female in the (D) $71,200,000 shall be for Historically from Federal funding parity with other institu- Black Colleges and Universities education United States only 835,000. White stu- tions of higher learning. programs; and dents, 2 million-plus. Black students (E) $47,400,000 shall be for Hispanic Serving 121,000; Hispanics 120,000. I hope every Member of this body can agree Institutions education programs. We need to pass this amendment. on the importance of HBCUs and HSIs and I The Acting CHAIRMAN. Pursuant to Mr. Chairman, I rise today in support of my hope you will support my amendment to re- House Resolution 370, the gentlewoman amendment, which would restore funding for store their funding to a proper level. APPENDIX TABLE 3–15.—MEDIAN ANNUAL SALARIES OF U.S. INDIVIDUALS IN S&E OCCUPATIONS, BY HIGHEST DEGREE, OCCUPATION, SEX, RACE/ETHNICITY, AND YEARS SINCE DEGREE: 1999 [Dollars]

Years since highest degree Degree, occupation, sex, and race/ethnicity Employed indi- viduals Less than 5 5–9 10–14 15–19 20–24 25–29 30–34 35 or more

All S&E occupations ...... 60,000 46,000 57,000 64,000 69,000 70,000 70,600 72,000 70,000 Male ...... 64,000 48,800 60,000 66,000 70,000 70,700 72,100 74,000 70,100

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.034 H22JYPT1 H6362 CONGRESSIONAL RECORD — HOUSE July 22, 2005 APPENDIX TABLE 3–15.—MEDIAN ANNUAL SALARIES OF U.S. INDIVIDUALS IN S&E OCCUPATIONS, BY HIGHEST DEGREE, OCCUPATION, SEX, RACE/ETHNICITY, AND YEARS SINCE DEGREE: 1999—Continued [Dollars]

Years since highest degree Degree, occupation, sex, and race/ethnicity Employed indi- viduals Less than 5 5–9 10–14 15–19 20–24 25–29 30–34 35 or more

Female ...... 50,000 40,000 50,000 57,000 60,000 58,700 60,000 57,000 52,000 White ...... 61,000 45,000 56,000 65,000 70,000 70,000 71,000 73,000 70,000 Asian/Pacific Islander ...... 62,000 53,000 63,000 68,000 70,000 72,000 70,000 67,200 64,800 Black ...... 53,000 45,000 54,000 55,000 60,000 58,000 53,000 53,000 46,500 Hispanic ...... 55,000 44,000 56,000 58,000 65,000 61,000 68,500 67,000 68,000 Other ...... 52,000 42,000 50,000 57,000 55,000 65,000 75,000 88,000 S Scientists ...... 58,800 43,000 54,500 62,000 65,300 65,000 67,600 68,100 65,000 Male ...... 62,000 47,800 58,500 65,900 70,000 68,000 70,000 71,000 70,000 Female ...... 50,000 37,000 48,000 55,000 58,100 58,000 60,000 56,000 49,000 White ...... 59,700 41,000 53,000 62,000 65,000 65,000 68,000 70,000 69,000 Asian/Pacific Islander ...... 60,000 54,000 63,000 67,000 73,000 69,000 67,500 60,000 58,200 Black ...... 50,000 44,000 50,000 51,500 58,000 55,600 50,000 50,000 46,500 Hispanic ...... 51,000 41,000 56,000 56,000 65,000 56,000 60,000 54,500 55,000 Other ...... 45,000 38,000 47,500 50,000 36,000 54,000 74,200 70,000 S Mathematical/computer scientists...... 64,000 55,000 62,000 66,000 69,000 70,000 70,000 69,000 64,000 Male ...... 65,900 55,000 64,000 70,000 71,000 71,000 72,000 70,000 65,000 Female ...... 58,000 50,000 57,000 58,400 60,000 60,000 63,000 62,000 58,000 White ...... 65,000 53,000 60,000 67,000 68,600 70,000 70,000 69,200 65,000 Asian/Pacific Islander ...... 65,000 60,000 70,000 70,000 75,000 70,000 62,000 69,100 59,000 Black ...... 54,000 49,000 54,000 53,700 60,000 57,000 48,000 34,500 S Hispanic ...... 59,000 51,000 65,000 58,600 68,000 59,000 60,000 S S Other ...... 54,000 54,000 30,000 60,000 S S S S S Life and related scientists ...... 47,700 29,000 43,000 52,800 60,000 56,000 63,000 61,000 72,100 Male ...... 51,000 30,000 45,000 53,000 61,000 60,000 67,000 69,000 73,500 Female ...... 39,000 28,100 40,000 49,800 55,000 52,000 50,600 46,000 40,000 White ...... 49,000 28,100 42,000 53,000 60,000 58,000 63,000 61,000 72,100 Asian/Pacific Islander ...... 43,000 30,000 44,700 50,400 76,000 54,000 80,000 68,000 58,200 Black ...... 42,000 30,000 49,000 48,000 44,000 41,500 57,000 30,900 S Hispanic ...... 35,500 25,000 40,000 48,000 40,000 28,500 34,000 80,000 S Other ...... 39,000 35,000 43,000 87,000 43,000 43,100 S S S Physical and related scientists ...... 52,000 35,000 46,000 60,000 63,800 62,500 65,000 73,000 60,000 Male ...... 56,000 35,000 47,500 60,000 65,000 68,000 66,000 75,000 74,000

APPENDIX TABLE 3–16.—EMPLOYED U.S. SCIENTISTS AND ENGINEERS, BY HIGHEST DEGREE ATTAINED, OCCUPATION, SEX, AND RACE/ETHNICITY: 1999

Sex Race/ethnicity Employed indi- Degree and occupation viduals Asian/Pacific Male Female White Black Hispanic islander Other

All degree levels: 1 All S&E occupations ...... 3,540,800 2,705,000 835,800 2,896,600 121,600 120,900 390,500 11,300 Scientists ...... 2,170,500 1,464,800 705,800 1,774,200 84,000 71,800 233,900 6,700 Mathematical/computer scientists ...... 1,167,400 850,600 316,700 922,200 51,400 37,600 153,600 2,700 Life/related scientists ...... 341,900 217,500 124,400 285,100 6,600 10,900 37,700 1,600 Physical/related scientists ...... 297,900 229,400 68,400 252,500 8,800 7,800 27,800 900 Social/related scientists ...... 363,400 167,300 196,200 314,400 17,200 15,500 14,800 1,500 Engineers ...... 1,370,300 1,240,200 130,000 1,122,400 37,700 49,100 156,600 4,600 Bachelor’s: S&E occupations ...... 1,994,400 1,564,700 429,700 1,680,900 73,900 74,800 158,300 6,600 Scientists ...... 1,087,100 744,300 342,800 908,100 46,600 41,500 87,700 3,100 Mathematical/computer scientists...... 740,500 538,900 201,600 612,200 34,200 27,000 65,400 1,700 Life/related scientists ...... 135,500 76,900 58,600 117,100 2,000 5,700 9,800 900 Physical/related scientists ...... 139,600 101,700 38,000 120,600 5,800 4,600 8,400 S Social/related scientists ...... 71,400 26,800 44,600 58,300 4,600 4,200 4,000 S Engineers ...... 907,400 820,400 86,900 772,800 27,300 33,300 70,600 3,400 Master’s: S&E occupations ...... 1,032,100 751,200 280,900 807,200 35,900 32,800 153,000 3,100 Scientists ...... 655,500 411,400 244,200 516,000 27,300 19,100 91,100 2,100 Mathematical/computer scientists...... 354,100 253,700 100,500 256,200 15,200 8,800 72,900 900 Life/related scientists ...... 72,500 44,000 28,500 61,200 2,200 1,800 7,100 300 Physical/related scientists ...... 73,000 53,700 19,300 62,300 1,800 1,400 7,100 400 Social/related scientists ...... 155,900 60,000 95,900 136,200 8,100 7,100 4,000 500 Engineers ...... 376,500 339,800 36,700 291,300 8,600 13,600 62,000 1,000 Doctoral: S&E occupations ...... 484,100 368,900 115,200 381,600 11,000 12,900 77,000 1,600 Scientists ...... 399,900 290,900 109,100 325,100 9,300 11,000 53,100 1,500 Mathematical/computer scientists ...... 67,100 54,900 12,200 49,500 1,400 1,600 14,500 S Life/related scientists ...... 121,100 86,200 34,900 95,600 2,100 3,500 19,500 400 Physical/related scientists ...... 84,900 73,700 11,200 69,200 1,200 1,800 12,300 300 Social/related scientists ...... 126,900 76,100 50,800 110,800 4,500 4,100 6,800 700 Engineers ...... 84,200 78,000 6,200 56,500 1,700 1,900 23,900 100 1 Includes professional degrees. Note.—S suppressed for reasons of confidentiality and/or data reliability. Source: National Science Foundation, Division of Science Resources Statistics, Scientists and Engineers Statistical Data System (SESTAT), 1999.

Mr. GORDON. Mr. Chairman, will the ment today, but would like to work amendment as she did at committee. gentlewoman yield? with the majority and minority to see The bill already recognizes, and I think Ms. JACKSON-LEE of Texas. I yield that these issues are addressed during this is very, very important, the impor- to the gentleman from Tennessee. discussions with the Senate on the tance of minority colleges and univer- Mr. GORDON. Mr. Chairman, I rise final version of the bill. I want to as- sities in several other provisions. But I today in support of the amendment of- sure the gentlewoman that her con- am happy to work with the gentle- fered by the gentlewoman from Texas cerns will receive my full support, and woman to see if some version of this (Ms. JACKSON-LEE). The gentlewoman I look forward to working with her. language might be included in the final has long been an articulate advocate Ms. JACKSON-LEE of Texas. Mr. version of the bill. when it comes to education. Over the Chairman, I thank the gentleman for Mr. Chairman, may I ask how much years she has worked tirelessly to en- his leadership and for his support on time the gentlewoman has. Because I sure that minority-serving institutions this effort. just want to demonstrate the spirit of have adequate resources and that edu- Mr. Chairman, I reserve the balance comity and good relations. cational opportunities are available to of my time. The Acting CHAIRMAN. The gentle- all students. This amendment con- Mr. BOEHLERT. Mr. Chairman, I woman has 2 minutes remaining. tinues that legacy. yield myself such time as I may con- Mr. BOEHLERT. Mr. Chairman, I I understand that the gentlewoman is sume. I appreciate that the gentle- will let the gentlewoman proceed with not going to seek a vote on her amend- woman intends to withdraw this her time; and then if she exhausts her

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A22JY7.025 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6363 time, I understand the gentleman from Ms. EDDIE BERNICE JOHNSON of The Acting CHAIRMAN. The Clerk Texas (Mr. AL GREEN) feels very Texas. Mr. Chairman, I rise to support will designate the amendment. strongly about this in support of it and the amendment. This committee has The text of the amendment is as fol- he would like to have a minute or so, always accepted amendments and di- lows: so I would be glad to yield that time. rection to be inclusive and I really ap- Amendment No. 4 offered by Ms. So I will let the gentlewoman proceed. preciated that over the years. I appre- VELA´ ZQUEZ: Mr. Chairman, I reserve the balance ciate the gentlewoman from Texas (Ms. Add at the end of title VII the following of my time. JACKSON-LEE) for putting this amend- new section: Ms. JACKSON-LEE. Mr. Chairman, I ment up for consideration. SEC. 706. MINORITY INSTITUTION PILOT PRO- am very pleased to yield 11⁄2 minutes to We have in the manager’s amend- GRAM. the distinguished gentleman from ment addressed much of the issue, and (a) ESTABLISHMENT.—The Administrator Texas (Mr. AL GREEN), a member of the I am delighted that the Chair and shall establish and carry out a pilot program Science Committee and as well a col- ranking member have agreed to work to make grants to minority institutions for league from Houston, Texas. the development of physical facilities and in- to get perhaps more specific language frastructure to be provided to NASA prime (Mr. AL GREEN of Texas asked and in the bill in conference. And so I contractors for use in the performance of re- was given permission to revise and ex- thank them for their leadership. search, development, test, and evaluation tend his remarks.) I thank both the Chair and the rank- projects pursuant to NASA prime contracts. Mr. AL GREEN of Texas. Mr. Chair- ing member for always being open and (b) APPLICATION.—To be eligible to receive man, I would like to start by thanking being understanding about increasing a grant under the pilot program established the gentlewoman from Texas (Ms. opportunities. in subsection (a), a minority institution JACKSON-LEE) for her dynamic leader- Mr. BOEHLERT. Mr. Chairman, I shall submit an application to the Adminis- ship on this issue. She has taken the yield 1 minute to the gentlewoman trator at such time, in such manner, and containing such information and assurances bull by the horns, and she has done from Texas (Ms. JACKSON-LEE). yeoman’s work. I am so honored that Ms. JACKSON-LEE of Texas. Mr. as the Administrator may require. (c) MATCHING REQUIREMENT.—As a condi- she has brought this to our attention. Chairman, again, let me emphasize, as tion of a grant under the pilot program, the I would also like to thank the gen- my colleagues have done, the very, Administrator shall require that a matching tleman from New York (Mr. BOEHLERT) very clear bipartisanship of this com- amount be provided from a source other than and the gentleman from Tennessee (Mr. mittee. And let me specifically thank the Federal Government that is equal to the GORDON) because they have really dem- the gentleman from Tennessee (Mr. amount of the grant. onstrated how bipartisanship can effi- GORDON), the chairman, the sub- (d) COOPERATIVE AGREEMENT.—As part of caciously cause us to reach a consensus committee chairman, and the ranking the pilot program under this section, the Ad- that will cause great things to happen member of the subcommittee for their ministrator shall enter into a cooperative agreement with a non-profit organization in the United States Congress. Those work in this area. that has experience developing relationships who say that there is no bipartisanship Let me close by simply suggesting between industry, minority institutions, and in this Congress are not familiar with and reading that collectively blacks other entities, under which the non-profit or- the good works of this committee and and Hispanics and other ethnic groups, ganization shall develop regional and na- especially the good works of these fine the latter includes American Indians tional relationships between industry, mi- men, the chair and the ranking mem- and Alaskan Natives, constitute 24 per- nority institutions, and other entities to fa- ber. cent of the U.S. population but only 7 cilitate the development and provision of Mr. Chairman, I want to make note percent of the total. physical facilities and infrastructure of the that these institutions are not black My good friend, the gentleman from minority institutions receiving grants under this section. and brown institutions. This is impor- Texas (Mr. AL GREEN) emphasizes that (e) MINORITY INSTITUTION.—In this section, tant because these institutions serve a these universities are diverse. And so the term ‘‘minority institution’’ has the multiplicity of ethnicities. They are out of an investment of added, if you meaning given that term in section 365(3) of the epitome of diversity. They are will, support, we will diversify the base the Higher Education Act of 1965 (20 U.S.C. dearly needed because of the people of scientists which will include women, 1067k(3)). that they serve. They do not get the minority women, African Americans, (f) AUTHORIZATION OF APPROPRIATIONS.— children of the best and the brightest. Hispanics, Native Americans and oth- There is authorized to carry out this section, They many times will get the children ers who have been, if you will, in the $4,000,000 for each of fiscal years 2006 through 2009. of the least, the last and the lost. They lesser numbers of these particular dis- literally take the essence of mental ciplines. The Acting CHAIRMAN. Pursuant to clay and mold it into the quintessen- I ask that this amendment be consid- House Resolution 370, the gentlewoman ´ tial manifestation of intellectual cloi- ered in conference. I thank the chair- from New York (Ms. VELAZQUEZ) and sonne. They are providing the boot- man for working with me and hoping the gentleman from New York (Mr. straps that we need in this society so that we can work through conference BOEHLERT) each will control 5 minutes. that we can have good productive citi- to build these numbers up. I thank the The Chair recognizes the gentle- zens who will pay taxes and will be- gentleman for that. woman from New York (Ms. ´ come part of the main stream that we Mr. Chairman, I ask unanimous con- VELAZQUEZ). Ms. VELA´ ZQUEZ. Mr. Chairman, I so desire. sent that my amendment be withdrawn to further work in conference. yield myself such time as I may con- b 1115 The Acting CHAIRMAN (Mr. sume. Ms. JACKSON-LEE of Texas. Mr. ADERHOLT). Is there objection to the With limited job opportunity in this Chairman, I thank the gentleman from request of the gentlewoman from country, more than ever minorities are Texas (Mr. AL GREEN) for his support Texas? turning to entrepreneurship, with 15 and for his leadership on the issue. There was no objection. percent of this Nation’s small busi- Mr. Chairman, I yield 30 seconds to Mr. BOEHLERT. Mr. Chairman, I nesses being minority owned today. the distinguished gentlewoman from yield myself such time as I may con- Clearly this business ownership rate is Texas (Ms. EDDIE BERNICE JOHNSON) sume. well below the mainstream rate, espe- and I thank the gentlewoman very I guess the amendment is withdrawn cially in high tech fields. much for the long-standing commit- but let me say, I marvel at the ability My amendment will begin to change ment and the legislative initiatives of the gentlewoman from Texas (Ms. this by creating a 4-year pilot grant that she has had in creating equal op- JACKSON-LEE) to stretch 60 seconds program focused on the development of portunity access of the sciences for our into 5 minutes. technology laboratories at our Nation’s students in America. The Acting CHAIRMAN. It is now in minority institutions. Mr. BOEHLERT. Mr. Chairman, I order to consider amendment No. 4 In these on-campus facilities, yield 1 minute to the distinguished printed in House Report 109–179. through a simple partnership, NASA gentlewoman from Texas (Ms. EDDIE AMENDMENT NO. 4 OFFERED BY MS. VELA´ ZQUEZ experts will work with some of our BERNICE JOHNSON), a valued member of Ms. VELA´ ZQUEZ. Mr. Chairman, I brightest students to expose them to the committee. offer an amendment. innovative technology development.

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.037 H22JYPT1 H6364 CONGRESSIONAL RECORD — HOUSE July 22, 2005 This will help to shore up current pro- Mr. BOEHLERT. Mr. Chairman, I Maybe then the gentlewoman should grams that are too narrowly focused on yield myself such time as I may con- withdraw the amendment and make basic science and limited by the tech- sume. sure we are understanding fully the nological capabilities of these institu- As a preamble, let me say one of the clear intent of it so that we can work tions. things I am proudest of in my 23 years on it in a constructive manner in con- This has successfully been done in in this great institution is the record ference. But with that let me continue more mainstream centers of learning. that I have tried to establish to expand my statement because I have made a If you look at the Massachusetts Insti- opportunity for all, and I have worked clear offer. tute of Technology, investment by the diligently on every committee on The Federal Government has pretty government and private sector created which I have served to expand opportu- much gotten out of the business of an environment that allowed it to be- nities for minorities. funding the construction of campus come the world renown center of study This committee recognizes the im- buildings because we simply do not that it is now. portance of that as the members of the have the money, and funding research The tie to entrepreneurship and the committee will tell the gentlewoman and equipment is a better use of Fed- development of minority students in who has offered the amendment. We eral funds. But funding construction in the technological field is quite clear. are concerned. We care. We back up our this manner where the final user of the Entrepreneurs who have founded tech- words with deed. But I rise in strong building would be private industry nology oriented enterprises emerged opposition to this amendment. makes the notion even more question- from institutions with a strong affili- This amendment proposes to take able. And the language of the amend- ation to government and industry ap- scarce Federal funds to build buildings ment, quite honestly, is so vague that plied research. These are exactly the for private industry. I cannot imagine it is not clear how anyone would ben- type of facilities this amendment will why we would use taxpayer money in efit from this unusual financial hand- create. that way. The idea is apparently for out. That is not the way we should be the Federal Government to build build- As ranking member of the Com- handling the taxpayers’ money. mittee on Small Business, I am con- ings on the campuses of minority insti- Let me once again offer to the gen- stantly talking to agencies about their tutions, which is an undefined term by tlewoman in the spirit that this com- small business contracting perform- the way, that would then in some way mittee always operates, we will be glad be turned over to the private sector. ance. One of the agencies who struggles to work with her on clearly defining Ms. VELA´ ZQUEZ. Mr. Chairman, will the most is NASA, which has regularly the language and the intent so that as the gentleman yield? failed to meet its goal, and awards to Mr. BOEHLERT. I yield to the gen- we go to conference committee, then minorities have decreased by 25 percent tlewoman from New York. perhaps we can come to some area of in the last 4 years. Ms. VELA´ ZQUEZ. Mr. Chairman, I agreement. But as it now stands, I I believe that there are several rea- would like to clarify the gentleman’s strongly oppose it. sons for this. One is we need to develop statement. This is not to construct Mr. CALVERT. Mr. Chairman, will more minority technology companies buildings. This funding in this amend- the gentleman yield? capable of meeting NASA’s require- ment will not pay for the construction Mr. BOEHLERT. I yield to the gen- ments. By making sure our science and of facilities. $4 million does not pay for tleman from California. engineering students are exposed to facilities. It will give the funds that Mr. CALVERT. Mr. Chairman, I these opportunities early in their ca- these minority-serving institutions thank the gentleman. I read the lan- reers, we are increasing their ability to need to do capacity building, to start guage also. As a former developer, ‘‘de- learn and develop. This would pay divi- the partnership, to set up the partner- velop’’ means, in my vernacular it does dends in the future. ship, and to manage it. It will not use mean build. And so I think people The adoption of this amendment will one penny to build physical facilities. would interpret this legislation as go a long way in opening up a culture Mr. BOEHLERT. Reclaiming my building additional infrastructure. And which can seem closed and intimi- time, reading from the language of the as the chairman mentioned, NASA is dating when you do not know it. We amendment. ‘‘The Administrator shall trying to get out of the bricks and also provide these future entrepreneurs establish and carry out a pilot program mortar business. with a vital opportunity to receive to make grants to minority institu- The fact is we have facilities, space mentoring and develop the under- tions for the development of physical centers throughout this country that standing of the inner workings of facilities and infrastructure to be pro- have been woefully unmaintained. As NASA. vided by NASA prime contractors for we go through the centers around the This will greatly increase the will- use in the performance of research, de- country and look at them, we are not ingness of those at the agency to take velopment, test and evaluation.’’ maintaining the facilities that we have a chance on bright individuals with in- I am not quite sure we can under- presently. We need to make sure that novative ideas but who may not have stand that. We on a bipartisan basis the facilities that our NASA workers the history that more established enti- have some real problem with this lan- are working in today are maintained in ties do. guage. proper order. This amendment is supported by the Ms. VELA´ ZQUEZ. Mr. Chairman, will I understand what the gentlewoman National Black Chamber of Commerce, the gentleman yield? is trying to accomplish, but we just do the Minority Business Enterprise Legal Mr. BOEHLERT. I yield to the gen- not have the resources at this time to Defense Fund and the Latin American tlewoman from New York. develop additional infrastructure, addi- Management Association. Ms. VELA´ ZQUEZ. For clarification, tional buildings and additional mainte- The adoption of this amendment is a it says here, ‘‘shall enter into a cooper- nance costs throughout this country at win for all those involved. NASA will ative agreement with a non-profit or- this time. win because they will have the access ganization that has experience devel- I would ask the committee to oppose to the minority high tech sector they oping relationships between industry, this amendment or to work with the are so desperately looking for, and the minority institutions . . . ’’ chairman to come up with some lan- minority-serving institutions and their It does not say physical or construc- guage that may have a different ac- students will win because they will be tion of physical facilities. And ‘‘de- complishment on what the gentle- advancing technology development. velop’’ does not mean build. woman is trying to do. But most importantly, our Nation wins Mr. BOEHLERT. Reclaiming my The Acting CHAIRMAN. The gentle- as we create the next generation of time, there are some real problems woman from New York (Ms. high tech firms that will be so critical with the drafting of this amendment VELA´ ZQUEZ) has 11⁄2 minutes remaining. to advancing this Nation’s economy in because I am reading specifically lan- Ms. VELA´ ZQUEZ. Mr. Chairman, I years to come. guage from the amendment. ‘‘Develop- yield myself 30 seconds for clarifica- I urge adoption of the amendment. ment of physical facilities and infra- tion. Mr. Chairman, I reserve the balance structure to be provided to NASA I am the author of this legislation or of my time. prime contractors.’’ this amendment. It does not say here

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.040 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6365 in any way to build a physical facility. The Acting CHAIRMAN. The Clerk will, as this bill goes to conference, in It says ‘‘development of physical.’’ And will designate the amendment. that we will have and be able to utilize I want for the RECORD to reflect that I The text of the amendment is as fol- draft language which will create a safe do not mean to build physical facili- lows: reporting board where NASA employ- ties. Amendment No. 6 offered by Ms. JACKSON- ees and contractors can go safely to re- Mr. BOEHLERT. Mr. Chairman, will LEE of Texas: port potentially catastrophic health or the gentlewoman yield? Page 44, after line 6, insert the following: safety concerns that may lead to the Ms. VELA´ ZQUEZ. I yield to the gen- SEC. 110. WHISTLEBLOWER PROTECTION. loss of a craft or a crew. tleman from New York. Not later than 1 year after the date of en- Mr. Chairman, when we send brave actment of this Act, the Administrator shall Mr. BOEHLERT. What does ‘‘develop- Americans into space, we also send ment of physical facilities’’ mean then transmit to the Committee on Science of the House of Representatives and the Committee their families and loved ones. We owe in the author’s mind? them a huge debt of gratitude, but we ´ on Commerce, Science and Transportation of Ms. VELAZQUEZ. I mean by the mi- the Senate a plan describing steps to be owe them our commitment to never nority-serving institution to develop taken by NASA to protect the employment doing anything to our knowledge that the physical facility and develop the status of NASA employees who raise or have would make this unsafe. Reports after relationship. raised concerns about a potentially cata- the tragic Columbia Space Shuttle acci- I will propose to the gentleman that strophic risk to health or safety. dent indicates that this bill may serve he adopt the amendment, and it is a In the table of contents in section 1(b), in- sert after the item relating to section 109 the a vital role in improving communica- matter of semantics and that we will tions at NASA, protecting workers, work to clarify it. following: Sec. 110. Whistleblower protection. and averting catastrophic accidents in Mr. BOEHLERT. I would propose in the future. It would rapidly screen such The Acting CHAIRMAN. Pursuant to response to the gentlewoman that she disclosures, and either report them di- House Resolution 370, the gentlewoman withdraw the amendment and we work rectly to the administrator or reject from Texas (Ms. JACKSON-LEE) and a in the spirit of bipartisanship to refine them as noneligible. it so we all clearly understand what we Member opposed each will control 5 Mr. Chairman, I ask my colleagues to are talking about. minutes. ´ support my amendment. Ms. VELAZQUEZ. Mr. Chairman, I The Chair recognizes the gentle- Mr. Chairman, I reserve the balance yield myself the balance of my time to woman from Texas (Ms. JACKSON-LEE). of my time. close. Ms. JACKSON-LEE of Texas. Mr. Mr. BOEHLERT. Mr. Chairman, I ask Mr. Chairman, this is a commonsense Chairman, I yield myself 3 minutes. unanimous consent to claim the time I think it is appropriate again to ac- amendment. It is not only good for all in opposition, although I am not op- those involved but it will also empower knowledge both the chairman of the posed to the amendment. us to take a huge step toward closing full committee, the gentleman from The Acting CHAIRMAN. Is there ob- the technology gap that is so pre- New York (Mr. BOEHLERT), and the jection to the request of the gentleman vailing among the minority popu- ranking member, the gentleman from from New York? lation. Tennessee (Mr. GORDON), in helping me There was no objection. construct both this idea and this vi- b 1130 Mr. BOEHLERT. Mr. Chairman, I sion. At the same time, I want to ac- yield myself such time as I may con- The truth is that this approach has knowledge our ranking member of the sume to state that we will accept the already been taken with some of the subcommittee and of course the chair- amendment, and I want to thank the most highly renowned research facili- man of the subcommittee. gentlewoman for working with us on ties across the country and has proven Mr. Chairman, I speak in soft tones the language of the amendment. We successful. The only difference now is because this is a very serious issue, in- will work with her and NASA to draft that it will focus on bringing these ad- asmuch as I think we learned a very language in the final version of the bill vancements to minority-serving insti- definitive lesson after first Challenger that will ensure that whistleblowers tutions and, ultimately, closing this and then Columbia. I started out by have the protection they need at Nation’s technology gap. saying that this legislation helps The timing could not be better for NASA. America to dream, but I also men- Mr. Chairman, I yield back the bal- this as NASA starts fresh, undertaking tioned the famous words ‘‘Houston, ance of my time. a review of their facilities, leasing ac- we’ve got a problem.’’ Of course, we Ms. JACKSON-LEE of Texas. Mr. tivities, and partnership agreements. now know how we can fix the problem. Chairman, I yield 1 minute to the gen- Mr. Chairman, I urge adoption of this I have worked on this committee to tleman from Tennessee (Mr. GORDON). amendment. ensure that there is a safety vehicle, Mr. GORDON. Mr. Chairman, I rise in Mr. Chairman, I yield back the bal- and I am gratified that this legislation support of the amendment offered by ance of my time. includes my legislation for an inde- the gentlewoman from Texas (Ms. The Acting CHAIRMAN (Mr. pendent Presidentially appointed com- JACKSON-LEE). From the Columbia Ac- ADERHOLT). The question is on the amendment offered by the gentle- mission to investigate safety aboard cident Investigation Board’s report, it woman from New York (Ms. the International Space Station. This is clear that one of the underlying amendment was introduced earlier into causes of the Columbia tragedy was a VELA´ ZQUEZ). The question was taken; and the Act- H.R. 4522 in 2004, and this vital piece of broken safety culture at NASA. While I ing Chairman announced that the noes legislation can potentially make the understand that many of these cultural appeared to have it. difference regarding safety for the issues are being addressed, we need to Ms. VELA´ ZQUEZ. Mr. Chairman, I international space crew. ensure that NASA employees are in an demand a recorded vote. The amendment I offer today is one environment where they can feel com- The Acting CHAIRMAN. Pursuant to that will protect the human resource. fortable airing their safety concerns. clause 6 of rule XVIII, further pro- It may be called whistleblower legisla- This is a constructive amendment ceedings on the amendment offered by tion; but in actuality it is legislation that is a positive step towards fixing the gentlewoman from New York (Ms. that will expand and protect human NASA’s safety culture and ensuring VELA´ ZQUEZ) will be postponed. space flight, for it protects employees the safety of the brave men and women It is now in order to consider amend- who do raise or have raised concerns in our space program. I am sure our ment No. 5 printed in House Report about a potentially catastrophic risk chairman shares our concerns for the 109–179. to health or safety. This issue was safety of our astronauts, and I hope we It is now in order to consider amend- raised by the Columbia Space Shuttle can work together to include this in ment No. 6 printed in House Report Accident Investigation Board as part of the final version of the bill. 109–179. the problem at NASA because employ- Ms. JACKSON-LEE of Texas. Mr. AMENDMENT NO. 6 OFFERED BY MS. JACKSON- ees often felt intimidated by raising Chairman, I yield 30 seconds to the LEE OF TEXAS safety concerns. gentleman from Colorado (Mr. UDALL), Ms. JACKSON-LEE of Texas. Mr. This is a sense of Congress that will the distinguished ranking member of Chairman, I offer an amendment. allow us to have a placeholder, if you the subcommittee.

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.042 H22JYPT1 H6366 CONGRESSIONAL RECORD — HOUSE July 22, 2005 Mr. UDALL of Colorado. Mr. Chair- Admiral Gehman and the Columbia Accident Davis (CA) Lee Price (NC) man, I thank the gentlewoman for Davis (FL) Levin Rahall Investigation Board explained how fear of re- Davis (IL) Lewis (GA) Rangel yielding me this time, and I rise in sup- taliation by management, has lead some engi- Davis (TN) Lipinski Reyes port of her important amendment. We neers to stifle their own concerns about the DeFazio Lofgren, Zoe Rogers (AL) all know that safety is a top priority safety and well-being of NASA missions and DeLauro Lowey Ross Dicks Lynch Rothman for our space program and this is a sen- crew. Page 169 of their report gives great in- Dingell Mack sible measure the House should sup- Roybal-Allard sight into the broken culture of safety at NASA Doggett Maloney Ruppersberger port. that impeded the flow of critical information Doyle Markey Rush Ms. JACKSON-LEE of Texas. Mr. from engineers up to program managers. I Edwards Marshall Ryan (OH) Chairman, I yield myself the balance of Emanuel Matheson Sabo quote: ‘‘Further, when asked by investigators Engel Matsui Salazar my time, and I thank the distinguished Eshoo McCarthy why they were not more vocal about their con- Sa´ nchez, Linda Etheridge McCollum (MN) gentleman from Colorado very much. cerns, Debris Assessment Team members T. Evans McCrery Let me simply close by saying that opined that by raising contrary points of view Sanchez, Loretta this need for such a safety vehicle for Farr McDermott about Shuttle mission safety, they would be Fattah McGovern Sanders the employees to protect themselves Filner McIntyre Schakowsky singled out for possible ridicule by their Schiff was documented on page 169 of the peers.’’ Forbes McKinney Gehman Report that said there was a Ford McNulty Schwartz (PA) That reaffirms to me that strong whistle- Scott (GA) broken culture of safety. Frank (MA) Meehan blower protections do not just protect workers. Gonzalez Meek (FL) Scott (VA) Mr. Chairman, I believe we have gone They protect lines of communication and dia- Green, Al Meeks (NY) Serrano miles ahead of this report and have Green, Gene Melancon Sherman really constructed a safety firewall, if log that prevent waste, fraud, and abuse, and, Grijalva Menendez Skelton in this case, might have saved lives. I believe Harman Mica Slaughter you will, for the employees. This Herseth Michaud Smith (WA) amendment, added to this legislation strongly that my language will enhance whis- tleblower protections for the NASA workforce, Higgins Millender- Snyder and working through conference, will Hinchey McDonald Solis make it clear you are protected, let us to make sure that critical information is never Holden Miller (NC) Spratt know what is going on so we can save lost due to intimidation or fear. This problem Honda Miller, George Strickland may have contributed to the loss of two Shut- Hooley Mollohan Stupak lives and continue our vision and our Hoyer Moore (KS) tles and 14 brave crewmembers already. Last Tauscher dream of sending men and women into Inslee Moore (WI) Thompson (CA) space. year, an independent business consulting firm Israel Moran (VA) Thompson (MS) Behavioral Science Technology, Inc. reported Jackson (IL) Murtha Tierney Mr. Chairman, I ask my colleagues to Jackson-Lee Nadler Towns support this amendment. that the problem persists at NASA even after (TX) Napolitano Udall (NM) the Columbia shuttle accident. Safety must be Jindal Neal (MA) Mr. Chairman, I rise today in support of my Van Hollen Johnson, E. B. Ney amendment, which offers protection for whis- the number one priority of NASA and this Vela´ zquez amendment helps solve one of the biggest Jones (OH) Oberstar tleblowers at NASA who raise concerns about Kanjorski Obey Visclosky safety. This amendment would require the roadblocks we have remaining. Kaptur Olver Walsh The Acting CHAIRMAN. The ques- Kennedy (RI) Ortiz Wasserman NASA Administrator to transmit to the House Schultz Committee on Science and the Senate Com- tion is on the amendment offered by Kildee Owens Kilpatrick (MI) Pallone Waters mittee on Commerce, a plan describing steps the gentlewoman from Texas (Ms. Kind Pascrell Watson NASA will take to protect employees who do JACKSON-LEE). Kucinich Pastor Watt raise or have raised concerns about a poten- The amendment was agreed to. Langevin Payne Weiner Lantos Pelosi Woolsey tially catastrophic risk to health or safety. This ANNOUNCEMENT BY THE ACTING CHAIRMAN Larsen (WA) Peterson (MN) Wu issue was raised by the Columbia Space The Acting CHAIRMAN. Pursuant to Larson (CT) Pomeroy Wynn Shuttle Accident Investigation Board as part of clause 6 of rule XVIII, proceedings will the problem at NASA because employees now resume on the amendment on NOES—206 often felt intimidated from raising safety con- which further proceedings were post- Aderholt Davis, Tom Hayworth cerns. poned. Akin Deal (GA) Hefley I hope that Chairman BOEHLERT will work Alexander DeLay Hensarling AMENDMENT NO. 4 OFFERED BY MS. VELA´ ZQUEZ Bachus Dent Herger with me to go further on this issue once this The Acting CHAIRMAN. The pending Baker Diaz-Balart, L. Hobson bill goes in to Conference. I have draft lan- Barrett (SC) Diaz-Balart, M. Hoekstra guage which would create a ‘‘Safe Reporting business is the demand for a recorded Bartlett (MD) Doolittle Hostettler Board’’ where NASA employees and contrac- vote on the amendment offered by the Barton (TX) Drake Hulshof gentlewoman from New York (Ms. Bass Dreier Hunter tors can go to report ‘‘potentially catastrophic Beauprez Duncan Hyde VELA´ ZQUEZ) on which further pro- health or safety concerns’’ that could lead to Biggert Ehlers Inglis (SC) the loss of a craft or crew. Reports after the ceedings were postponed and on which Bilirakis Emerson Issa tragic Columbia space shuttle accident indi- the noes prevailed by voice vote. Blackburn English (PA) Istook The Clerk will redesignate the Blunt Everett Jenkins cated that this bill may serve a vital role in im- Boehlert Feeney Johnson (CT) proving communications at NASA, protecting amendment. Boehner Ferguson Johnson (IL) workers, and averting catastrophe in the fu- The Clerk redesignated the amend- Bonilla Fitzpatrick (PA) Johnson, Sam ment. Bonner Flake Jones (NC) ture. Bono Foley Keller This Safety Reporting Board would rapidly RECORDED VOTE Boozman Fortenberry Kelly screen such disclosures and either report The Acting CHAIRMAN. A recorded Bradley (NH) Fossella Kennedy (MN) them directly to the Administrator, or reject vote has been demanded. Brown-Waite, Foxx King (IA) Ginny Franks (AZ) King (NY) them as non-eligible—perhaps with a sugges- A recorded vote was ordered. Burgess Frelinghuysen Kirk tion to seek redress through their union, The vote was taken by electronic de- Burton (IN) Gallegly Kline OSHA representative, ombudsman, etc. After- vice, and there were—ayes 192, noes 206, Buyer Garrett (NJ) Knollenberg Calvert Gerlach Kolbe ward, the Board would be tasked with keeping not voting 35, as follows: Camp Gibbons Kuhl (NY) a registry of reporting workers and with dis- [Roll No. 415] Cannon Gilchrest LaHood Cantor Gillmor Latham pute resolution in the event that the worker al- AYES—192 leges retaliation by management. Coupling the Capito Gingrey LaTourette Abercrombie Bishop (GA) Cardin Carter Gohmert Leach reporting and anti-retaliation functions in one Ackerman Bishop (NY) Carnahan Castle Goode Lewis (CA) board should limit the scope of the board to Allen Blumenauer Carson Chabot Goodlatte Lewis (KY) truly vital issues, and make workers feel con- Andrews Boswell Case Chocola Gordon LoBiondo fident that their concerns will not be lost or Baca Boucher Chandler Coble Granger Lucas Baird Boustany Cleaver Cole (OK) Graves Lungren, Daniel buried in the bureaucracy of standard whistle- Baldwin Boyd Clyburn Conaway Green (WI) E. blower or OSHA claims. The Board would in- Barrow Brady (PA) Conyers Costa Gutknecht Manzullo clude both NASA managers and non-man- Bean Brown (OH) Costello Cox Hall Marchant agers, with diverse expertise, representing Becerra Brown, Corrine Crowley Cramer Harris McCaul (TX) Berkley Butterfield Cuellar Culberson Hart McCotter multiple Centers, and include an advocate for Berman Capps Cummings Davis (KY) Hastings (WA) McHenry workers. Berry Capuano Davis (AL) Davis, Jo Ann Hayes McHugh

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.046 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6367 McKeon Ramstad Sodrel adopted by the Committee of the Larson (CT) Northup Serrano McMorris Regula Souder Whole? If not, the question is on the Latham Norwood Sessions Miller (MI) Rehberg Stearns LaTourette Nunes Shaw Miller, Gary Reichert Sullivan amendment. Leach Ortiz Shays Moran (KS) Renzi Sweeney The amendment was agreed to. Lee Osborne Sherman Murphy Rogers (KY) Tancredo The SPEAKER pro tempore. The Levin Otter Sherwood Musgrave Rogers (MI) Lewis (CA) Owens Shimkus Tanner question is on the engrossment and Neugebauer Rohrabacher Terry Lewis (GA) Oxley Shuster Northup Ros-Lehtinen Lewis (KY) Pallone Thornberry third reading of the bill. Simmons Norwood Royce Lipinski Pascrell Tiahrt Simpson Nunes Ryan (WI) The bill was ordered to be engrossed LoBiondo Pastor Tiberi Skelton Osborne Ryun (KS) and read a third time, and was read the Lofgren, Zoe Payne Turner Slaughter Otter Saxton third time. Lowey Pearce Smith (NJ) Oxley Schwarz (MI) Udall (CO) Lucas Pelosi Upton The SPEAKER pro tempore. The Smith (TX) Paul Sensenbrenner Lungren, Daniel Pence Smith (WA) Walden (OR) question is on the passage of the bill. Pence Sessions E. Peterson (MN) Snyder Wamp Peterson (PA) Shadegg The question was taken; and the Lynch Peterson (PA) Sodrel Weldon (PA) Petri Shaw Speaker pro tempore announced that Mack Petri Solis Pitts Shays Weller Maloney Pitts the ayes appeared to have it. Souder Platts Sherwood Whitfield Manzullo Platts Spratt Poe Shimkus Marchant Poe Wicker RECORDED VOTE Stearns Pombo Shuster Markey Pombo Wilson (NM) Strickland Porter Simmons Mr. BOEHLERT. Mr. Speaker, I de- Marshall Pomeroy Wilson (SC) Stupak Price (GA) Simpson mand a recorded vote. Matheson Porter Wolf Sullivan Pryce (OH) Smith (NJ) Matsui Price (GA) Young (AK) A recorded vote was ordered. Sweeney Putnam Smith (TX) McCarthy Price (NC) Tancredo The vote was taken by electronic de- McCaul (TX) Pryce (OH) Tanner NOT VOTING—35 vice, and there were—ayes 383, noes 15, McCollum (MN) Putnam Tauscher Bishop (UT) Gutierrez Radanovich McCotter Rahall not voting 35, as follows: Terry Boren Hastings (FL) McCrery Ramstad Reynolds Thompson (CA) Brady (TX) Hinojosa [Roll No. 416] McGovern Rangel Stark Thompson (MS) Brown (SC) Holt McHenry Regula Taylor (MS) AYES—383 Thornberry Cardoza Jefferson McHugh Rehberg Taylor (NC) Tiahrt Clay Kingston Abercrombie Coble Granger McIntyre Reichert Thomas Tiberi Cooper Linder Ackerman Cole (OK) Graves McKeon Renzi Waxman Towns Crenshaw Miller (FL) Aderholt Conaway Green (WI) McKinney Reyes Weldon (FL) Turner Cubin Myrick Akin Costa Green, Al McMorris Reynolds Westmoreland Udall (CO) Cunningham Nussle Alexander Costello Green, Gene McNulty Rogers (AL) Wexler DeGette Pearce Allen Cox Grijalva Meek (FL) Rogers (KY) Udall (NM) Young (FL) Delahunt Pickering Andrews Cramer Gutknecht Meeks (NY) Rogers (MI) Upton Baca Crowley Hall Melancon Rohrabacher Van Hollen b 1200 Bachus Cuellar Harman Menendez Ros-Lehtinen Vela´ zquez Baird Culberson Harris Mica Ross Visclosky Mrs. KELLY and Messrs. SODREL, Baldwin Cummings Hart Michaud Rothman Walden (OR) MCHUGH, GUTKNECHT, and TANNER Barrett (SC) Davis (AL) Hastings (WA) Millender- Roybal-Allard Walsh changed their vote from ‘‘aye’’ to ‘‘no.’’ Barrow Davis (CA) Hayes McDonald Royce Wamp Messrs. BERRY, BOUSTANY, and Bartlett (MD) Davis (FL) Hayworth Miller (MI) Ruppersberger Wasserman Barton (TX) Davis (IL) Hefley Miller (NC) Rush Schultz JINDAL changed their vote from ‘‘no’’ Bass Davis (KY) Hensarling Miller, Gary Ryan (OH) Waters to ‘‘aye.’’ Bean Davis (TN) Herger Miller, George Ryan (WI) Watson So the amendment was rejected. Beauprez Davis, Jo Ann Herseth Mollohan Ryun (KS) Watt Becerra Davis, Tom Higgins The result of the vote was announced Moore (KS) Salazar Weiner Berkley Deal (GA) Hinchey Moore (WI) Sa´ nchez, Linda Weldon (PA) as above recorded. Berman DeLauro Hobson Moran (KS) T. Weller Stated for: Berry DeLay Hoekstra Moran (VA) Sanchez, Loretta Whitfield Biggert Dent Holden Murphy Saxton Wicker Mr. HOLT. Mr. Chairman, earlier today I Bilirakis Diaz-Balart, L. Holt was detained at a hearing and I missed rollcall Murtha Schakowsky Wilson (NM) Bishop (GA) Diaz-Balart, M. Honda Musgrave Schiff Wilson (SC) vote No. 415. Had I been present, I would Bishop (NY) Dicks Hooley Nadler Schwartz (PA) Wolf have voted ‘‘aye.’’ Blumenauer Doggett Hostettler Napolitano Schwarz (MI) Woolsey The Acting CHAIRMAN (Mr. Blunt Doolittle Hoyer Neal (MA) Scott (GA) Wu Boehlert Doyle Hulshof Neugebauer Scott (VA) Wynn ADERHOLT). The question is on the Boehner Drake Hunter Ney Sensenbrenner Young (AK) committee amendment in the nature of Bonilla Dreier Hyde a substitute, as amended. Bonner Duncan Inglis (SC) NOES—15 Bono Edwards Israel The committee amendment in the Blackburn Frank (MA) Olver Boozman Ehlers Issa Conyers McDermott Sabo nature of a substitute, as amended, was Boswell Emanuel Istook DeFazio Meehan Sanders agreed to. Boucher Emerson Jackson (IL) Dingell Oberstar Shadegg The Acting CHAIRMAN. Under the Boustany Engel Jackson-Lee Flake Obey Tierney Boyd English (PA) (TX) rule, the Committee rises. Bradley (NH) Eshoo Jenkins NOT VOTING—35 Brady (PA) Etheridge Jindal Accordingly, the Committee rose; Baker Gohmert Pickering Brady (TX) Evans Johnson (CT) and the Speaker pro tempore (Mr. PUT- Bishop (UT) Gutierrez Radanovich Brown (OH) Everett Johnson (IL) Boren Hastings (FL) NAM) having assumed the chair, Mr. Brown, Corrine Farr Johnson, E. B. Stark Brown (SC) Hinojosa ADERHOLT, Acting Chairman of the Brown-Waite, Fattah Johnson, Sam Taylor (MS) Cardoza Inslee Ginny Feeney Jones (NC) Taylor (NC) Committee of the Whole House on the Clay Jefferson Burgess Ferguson Jones (OH) Thomas State of the Union, reported that that Cooper Kingston Burton (IN) Filner Kanjorski Waxman Crenshaw Linder Committee, having had under consider- Butterfield Fitzpatrick (PA) Kaptur Weldon (FL) Cubin Miller (FL) Buyer Foley Keller Westmoreland ation the bill (H.R. 3070) to reauthorize Cunningham Myrick Calvert Forbes Kelly Wexler the human space flight, aeronautics, DeGette Nussle Camp Ford Kennedy (MN) Young (FL) Delahunt Paul and science programs of the National Cannon Fortenberry Kennedy (RI) Aeronautics and Space Administration, Cantor Fossella Kildee ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and for other purposes, pursuant to Capito Foxx Kilpatrick (MI) The SPEAKER pro tempore (Mr. House Resolution 370, he reported the Capps Franks (AZ) Kind Capuano Frelinghuysen King (IA) PUTNAM) (during the vote). Members bill back to the House with an amend- Cardin Gallegly King (NY) are advised 2 minutes remain in this ment adopted by the Committee of the Carnahan Garrett (NJ) Kirk vote. Whole. Carson Gerlach Kline Carter Gibbons Knollenberg b 1218 The SPEAKER pro tempore. Under Case Gilchrest Kolbe the rule, the previous question is or- Castle Gillmor Kucinich So the bill was passed. dered. Chabot Gingrey Kuhl (NY) The result of the vote was announced Is a separate vote demanded on any Chandler Gonzalez LaHood as above recorded. Chocola Goode Langevin amendment to the committee amend- Cleaver Goodlatte Lantos A motion to reconsider was laid upon ment in the nature of a substitute Clyburn Gordon Larsen (WA) the table.

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\A22JY7.023 H22JYPT1 H6368 CONGRESSIONAL RECORD — HOUSE July 22, 2005 Mr. GUTIERREZ. Mr. Speaker, I was un- week and there are a number of very I yield to my friend. avoidably absent from this chamber on July important items on the agenda, how Mr. DELAY. Mr. Speaker, I appre- 22, 2005. I would like the record to show that, likely, Mr. Leader, do you think it is ciate the gentleman yielding. had I been present, I would have voted ‘‘aye’’ that we will be in on Friday? I cannot say that. I really do not on rollcall votes 415 and 416. I yield to the distinguished gen- have any idea. I know it will be after f tleman. Tuesday, and that is about the best I Mr. DELAY. Mr. Speaker, I appre- can give the gentleman. PERSONAL EXPLANATION ciate the gentleman yielding. There is Mr. HOYER. Mr. Speaker, reclaiming Mr. TAYLOR of North Carolina. Mr. Speak- no way that we can tell what hour of my time, the postal accountability er, on rollcall Nos. 415 and 416, I was de- the day on Friday that we might be bill, you seem to indicate that that tained in a conference with the Senate. Had I finished with our work. As the gen- might be considered earlier in the week been present, I would have voted ‘‘no’’ on roll- tleman knows, next week is going to be rather than later. Is that accurate? call No. 415 and ‘‘aye’’ on rollcall No. 416. a typical pre-district work period I yield to my friend. week. We have several bills to consider, Mr. DELAY. I thank the gentleman f as well as multiple potential con- for yielding. AUTHORIZING THE CLERK TO ference reports. Because of the unpre- Yes, we plan to present the postal re- MAKE CORRECTIONS IN EN- dictability of conference reports, I form bill on Tuesday. We think we can GROSSMENT OF H.R. 3070, NA- would hesitate to even make firm com- do both that and the small business TIONAL AERONAUTICS AND mitments for any of the week. health plan on Tuesday. SPACE ADMINISTRATION AU- For now, I would note that our plan Mr. HOYER. Mr. Speaker, I thank THORIZATION ACT OF 2005 is to consider both postal reform and the leader. small business health plans on Tues- Reclaiming my time, you mentioned Mr. BOEHLERT. Mr. Speaker, I ask day, and after that we will have to see appropriations bills. Are we likely to unanimous consent that in the engross- where various components are and how have motions to go to conference on ment of the bill, H.R. 3070, the Clerk be they come together. appropriations bills next week; and if authorized to make technical correc- Mr. HOYER. Mr. Speaker, reclaiming so, can you anticipate what bills that tions and conforming changes to the my time, thank you for that informa- might be? bill. tion, Mr. Leader. Mr. DELAY. It is possible that Inte- The SPEAKER pro tempore. Is there Mr. Leader, obviously next week I rior, Legislative Branch, and Homeland objection to the request of the gen- suppose the most controversial and Security conference reports could be tleman from New York? most focused-upon piece of legislation presented by next week. There was no objection. will be the Central American Free Mr. HOYER. Those conferences would f Trade Agreement. This week, of course, be on the floor, is that what the gen- tleman is saying, possibly? LEGISLATIVE PROGRAM the PATRIOT Act, which we thought was going to start Thursday and go Mr. DELAY. We could bring them to (Mr. HOYER asked and was given through today, in fact was accelerated the floor by next week. permission to address the House for 1 and NASA was taken today, clearly to Mr. HOYER. In terms of motions to minute and to revise and extend his re- ensure full consideration of the PA- go to conference, do you anticipate mo- marks.) TRIOT Act. tions to go to conference on any appro- Mr. HOYER. Mr. Speaker, I take this Might it be possible with some assur- priations bills next week? time for the purpose of inquiring of the ance to let the Members know when Mr. DELAY. If the gentleman will majority leader the schedule for the the CAFTA bill will be on the floor, in continue to yield, we would have to go week to come. effect adopting a similar procedure? to conference on those three bills for I yield to my friend, the majority I yield to the majority leader. sure, and, depending on the progress of leader. Mr. DELAY. Mr. Speaker, I thank the the other body, we may be going to Mr. DELAY. Mr. Speaker, I appre- gentleman for yielding. conference on others. ciate my friend yielding to me. As I said earlier, it is very difficult. Mr. HOYER. I appreciate that. On the Mr. Speaker, the House will convene Certainly we will consult with the mi- bill of the gentleman from Arizona (Mr. on Monday at 12:30 p.m. for morning nority as to timing. For instance, right SHADEGG), I think it is H.R. 2355, deal- hour and 2 p.m. for legislative business. now we think we will have a highway ing with the insurance issues, there is We will consider several measures conference report. There may be an en- a lot of interest on our side of the aisle. under suspension of the rules. A final ergy conference report. There could be Will that bill be considered? Did you list of those bills will be sent to Mem- one to three appropriations conference list that as one of the health bills that bers’ offices by the end of the day. Any reports. It is very difficult today to would be considered? votes called on these measures will be fashion a schedule that we could give Mr. DELAY. If the gentleman will rolled until 6:30 p.m. to the Members. continue to yield, no, we did not list On Tuesday and the balance of the I feel very confident by Monday we that bill as of yet. There are still dis- week, the House will consider addi- will have a better feel for what the cussions going on about that bill, and tional legislation under suspension of week should look like and, in consulta- until those discussions are concluded, the rules, as well as several measures tion with the minority, we would have we cannot predict when it will come to under a rule: H.R. 525, the Small Busi- a better idea when the Central Amer- the floor. ness Health Fairness Act of 2005; H.R. ican Free Trade Agreement can be con- Mr. HOYER. Reclaiming my time, 5, the HEALTH Act of 2005; and H.R. 22, sidered. But I say to the gentleman Mr. Leader, I take it that in light of the Postal Accountability and En- that it will be fully discussed with an the fact you have not mentioned it, at hancement Act. In addition, we expect ample amount of time for debate, and this point in time it is not on the to consider H.R. 3045, the Dominican we will just do it when we can get to it. schedule. But there is a lot of discus- Republic-Central American Free Trade Mr. HOYER. Mr. Speaker, I thank sion on this side of the aisle about that Agreement sometime later in the the leader for that response. I under- bill. Do you think it would be possible week. stand the problem of pinning down now that it might be added to the calendar? Finally, I would like to note that we exact times. Would it be fair, however, I yield to my friend. are expecting a very busy week heading Mr. Leader, to say that it would not be Mr. DELAY. I appreciate the gen- into the August recess. Members considered on the last day we are here, tleman yielding. It is possible it could should expect to work some late nights on Friday, or not, so that we could be added to the calendar, but looking as we resolve these important pieces of make sure that Members knew and had at how busy a week we have next week legislation. some degree of confidence, because it is and the controversial issues that we Mr. HOYER. Mr. Speaker, I thank such an important piece of legislation, will be bringing to the floor of the the gentleman for that information. that it would not be considered on the House, it is hard to say if we could put Realizing that next week is a busy last day we are here? that bill on the floor next week.

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A22JY7.030 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6369 Mr. HOYER. Because there is so we get this bill through. It is probably Lastly, there are two pieces of legis- much interest in that bill on our side, as significant a jobs creation bill as we lation, major pieces of legislation that Mr. Leader, would it be fair to say that will pass in this Congress, and it has the gentleman did not mention but that decision would be made prior to been delayed for a very long period of have been talked about, and that is, of the close of business on Monday so that time. I know the gentleman has been course, the Social Security legislation we would have some notice of that in frustrated by it, and we have been frus- and the campaign finance legislation, time to fairly consider it? trated by it, and hopefully, we can get one or the other bill, or both. I yield to my friend. that done by next week. Can the gentleman give me his Mr. DELAY. I appreciate the gen- The energy bill conference report, thoughts on where they stand and tleman yielding. We will try our best, can the gentleman tell us where that when they might come on the agenda in consultation with you, to give you stands? I yield to my friend. if, in fact, they will be coming on the some idea of when we could possibly Mr. DELAY. Mr. Speaker, I appre- agenda? bring that bill, and if it is going to be ciate the gentleman yielding. We are I yield to my friend. considered next week and we can fit working on it. We hope to get it done Mr. DELAY. Mr. Speaker, I appre- into the schedule, then certainly we by the end of next week. It is a very ciate the gentleman yielding. The cam- would let you know by probably the ambitious goal, I must say, to take a paign finance committees are still end of business Monday. bill of this magnitude and, in a matter working on those issues. It is quite pos- of 2 weeks, get all the differences b 1230 sible that we could address those issues worked out between the House and the in September. The way that I am Mr. HOYER. Mr. Speaker, reclaiming Senate and bring it to the floor. watching the schedule of the other my time, we would appreciate that. This is another item that the House body, we will probably be here at least The other bills that I would like to and Senate are working on through the a week or two after October 1, and we talk about, the highway bill conference weekend, and at least encouragement would be working on those issues. report the gentleman indicated as a has been brought to my attention by I have every expectation that the possibility, can the gentleman inform the chairman of the Committee on En- Committee on Ways and Means will put us of the status of that conference and ergy and Commerce that, with a lot of out a retirement security bill for us to where we are on this bill? hard work, it is very possible that we consider in September or the first of I yield to my friend. could get this energy conference report October. And, I am sure the gentleman Mr. DELAY. Mr. Speaker, I appre- to the Members for a vote by the end of remembers, we have a reconciliation ciate my friend yielding. I am very en- next week. process that is ongoing. We could have couraged. I serve on the conference Mr. HOYER. Mr. Speaker, reclaiming a reconciliation bill in that time pe- committee, so I am very encouraged by my time, in light of the fact, Mr. Lead- riod. the accomplishments and progress that er, I will simply observe that if we get So those are some of the major issues has been made over the course of this all of those things moving we are going that we will be facing in September week. to have a lot of work to do next week, and October. I believe there is really only one and I presume our Members ought to be Mr. HOYER. Mr. Speaker, I thank major issue left to be resolved by the prepared for long days and, clearly, if the leader for all of the information. conferees, and that relates to transit we get all of that done, it will be Fri- f funding. Hopefully, that can be re- day late before we get out of here. solved prior to the Wednesday night ex- In light of the fact we will not have ADJOURNMENT TO MONDAY, JULY piration of the current short-term a colloquy next week because we will 25, 2005 funding measure, and then, as normal, be going on recess for the summer Mr. DELAY. Mr. Speaker, I ask unan- there are a lot of smaller issues that work period, can the gentleman tell us imous consent that when the House ad- can be resolved by then. I am very what he anticipates might be on the journs today, it adjourn to meet at hopeful that we can pass that con- agenda when we come back on Sep- 12:30 p.m. on Monday next for morning ference report before we leave here tember 6, what might be on the agenda hour debates. next week. early in the September weeks? Clearly, The SPEAKER pro tempore (Mr. Mr. HOYER. Mr. Speaker, reclaiming appropriations bills conference reports, PUTNAM). Is there objection to the re- my time, I presume, am I correct, that to the extent they are done, will be on quest of the gentleman from Texas? the gentleman’s effort would be to try the calendar, but other than that, can There was no objection. to pass it prior to the expiration of the the gentleman enlighten us as to what f last temporary extension, or would the your thoughts are? I yield to the lead- gentleman anticipate another, which I er. DISPENSING WITH CALENDAR guess would be the tenth or the elev- Mr. DELAY. Mr. Speaker, I appre- WEDNESDAY BUSINESS ON enth extension; or does the gentleman ciate the gentleman yielding. We have WEDNESDAY NEXT think he can perhaps get it through not made any decisions yet, but obvi- Mr. DELAY. Mr. Speaker, I ask unan- prior to Wednesday night? ously the gentleman knows and Mem- imous consent that the business in I yield to my friend. bers understand that the appropria- order under the Calendar Wednesday Mr. DELAY. Mr. Speaker, I appre- tions process did end with us passing rule be dispensed with on Wednesday ciate the gentleman yielding. Everyone our bills before the July 4 break. The next. is working as hard as they can. As the Senate is working on appropriations The SPEAKER pro tempore. Is there gentleman knows, this bill has taken a bills, and we will be doing those con- objection to the request of the gen- long time to work out the differences ferences as they present themselves. tleman from Texas? between the House and the Senate. We Also, we do know that at least the There was no objection. get very close every time we reach the first week back, we could be looking at f deadline of an expiration date. the Coast Guard authorization bill and The expiration date is set on Wednes- possibly a research bill from the Com- EXPRESSING SENSE OF CONGRESS day. Everybody is going to be working mittee on Science. That is the first REGARDING THE BALTIC COUN- over the weekend, and we are working week back. Other bills will be consid- TRIES OF ESTONIA, LATVIA, AND as hard as we can with the goal to ered during the August district work LITHUANIA bring that conference report to the period, and we will be able to make a Mr. MCCOTTER. Mr. Speaker, I ask floor before the expiration of the short- more firm announcement to the Mem- unanimous consent that the Com- term funding measure. bers as to what we anticipate having mittee on International Relations be Mr. HOYER. Mr. Speaker, reclaiming the first week back and, in addition to discharged from further consideration my time, I thank the leader for his that, the second week also. of the concurrent resolution (H. Con. comments and observations. We are Mr. HOYER. Mr. Speaker, reclaiming Res. 128) expressing the sense of Con- certainly hopeful on our side, and I my time, I thank the gentleman for gress that the Government of the Rus- know the gentleman is on his side, that that information. sian Federation should issue a clear

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.052 H22JYPT1 H6370 CONGRESSIONAL RECORD — HOUSE July 22, 2005 and unambiguous statement of admis- HYDE), the gentleman from California will be a significant increase in good will sion and condemnation of the illegal (Ranking Member LANTOS), the gen- among the affected peoples and enhanced re- occupation and annexation by the So- tleman from California (Chairman gional stability. viet Union from 1940 to 1991 of the Bal- GALLEGLY), and the gentleman from The concurrent resolution was agreed tic countries of Estonia, Latvia, and Florida (Ranking Member Wexler) for to. Lithuania, and ask for its immediate allowing this to be moved in an expedi- AMENDMENT TO THE PREAMBLE OFFERED BY consideration in the House. tious manner. MR. MC COTTER The Clerk read the title of the con- Mr. Speaker, I withdraw my reserva- Mr. MCCOTTER. Mr. Speaker, I offer current resolution. tion of objection. an amendment to the preamble. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there The Clerk read as follows: objection to the request of the gen- objection to the request of the gen- Amendment to the preamble offered by Mr. tleman from Michigan? tleman from Michigan? MCCOTTER: Mr. SHIMKUS. Mr. Speaker, reserv- There was no objection. Strike the preamble and insert the fol- ing the right to object, although I will The Clerk read the concurrent reso- lowing: Whereas the incorporation in 1940 of the not object to this resolution, but I lution, as follows: want to claim the time to speak in sup- Baltic countries of Estonia, Latvia, and H. CON. RES. 128 port of this resolution. Lithuania into the Soviet Union was an act Whereas the incorporation in 1940 of the of aggression carried out against the will of I am proud to be a cosponsor of this sovereign people; resolution, with 29 other Members of Baltic countries of Estonia, Latvia, and Lithuania into the Soviet Union was an act Whereas the United States was steadfast in Congress, that calls upon Russia to ac- of aggression carried out against the will of its policy of not recognizing the illegal So- knowledge the occupation and subse- sovereign people; viet annexation of Estonia, Latvia, and Lith- quent suffering of the Baltic people Whereas the United States was steadfast in uania; under Soviet control during the period its policy of not recognizing the illegal So- Whereas the Russian Federation is the suc- of time of the secret Molotov viet annexation of Estonia, Latvia, and Lith- cessor state to the Soviet Union; Richenberg agreement. uania; Whereas the Molotov-Ribbentrop Pact of The resolution comes to the floor in Whereas the Russian Federation is the suc- 1939, including its secret protocols, between a timely manner. This week is Captive cessor state to the Soviet Union; Nazi Germany and the Soviet Union provided the Soviet Union with the opportunity to oc- Nations Week, first declared so by the Whereas the Molotov-Ribbentrop Pact of 1939, including its secret protocols, between cupy and annex Estonia, Latvia, and Lith- U.S. Congress on July 17, 1959 as a joint Nazi Germany and the Soviet Union provided uania; resolution against continuing Com- the Soviet Union with the opportunity to oc- Whereas the occupation brought countless munist domination of the Baltic coun- cupy and annex Estonia, Latvia, and Lith- suffering to the Baltic peoples through ter- tries. President Bush has again de- uania; ror, killings, and deportations to Siberian clared this week Captive Nations Week Whereas the occupation brought countless concentration camps; and urges Americans to reaffirm their suffering to the Baltic peoples through ter- Whereas the peoples of Estonia, Latvia, commitment to all those seeking lib- ror, killings, and deportations to Siberian and Lithuania bravely resisted Soviet ag- erty, justice and self-determination. I concentration camps; gression and occupation; Whereas the Government of Germany re- can think of no better way to honor the Whereas the peoples of Estonia, Latvia, and Lithuania bravely resisted Soviet ag- nounced its participation in the Molotov- memories of those who fought for free- gression first through armed resistance Ribbentrop Pact of 1939 and publicly apolo- dom against Communist control than movements and later through political re- gized for the destruction and terror that to pass this resolution. sistance movements; Nazi Germany unleashed on the world; During Communist occupation of the Whereas the Government of Germany re- Whereas in 1989, the Congress of Peoples’ Baltics, hundreds of thousands of peo- nounced its participation in the Molotov- Deputies of the Soviet Union denounced the ple were torn from their families and Ribbentrop Pact of 1939 and publicly apolo- Molotov-Ribbentrop Pact of 1939 and its se- deported to Siberia, many never to be gized for the destruction and terror that cret protocols; heard from again. No one can exactly Nazi Germany unleashed on the world; Whereas President Putin recently con- be sure of the amount of those who Whereas, in 1989, the Congress of Peoples’ firmed that the statement of the Congress of Peoples’ Deputies remains the view of the died or fled Soviet control, but it has Deputies of the Soviet Union declared the Molotov-Ribbentrop Pact of 1939 void; Russian Federation; been estimated from 500,000 to 750,000 Whereas the illegal occupation and annex- Whereas the illegal occupation and annex- people. You cannot meet a person in ation of the Baltic countries is one of the ation of the Baltic countries by the Soviet these countries that did not have a largest remaining unacknowledged incidents Union remains unacknowledged by the Rus- family member or loved one who was of oppression in Russian history; sian Federation; not affected by these horrible prac- Whereas a declaration of acknowledgment Whereas a declaration of acknowledgment tices. Russia has been unwavering in of such incident by the Russian Federation of the illegal occupation and annexation by its nonrecognition of the mass deporta- would lead to improved relations between the Russian Federation would lead to im- the people of Estonia, Latvia, and Lithuania proved relations between the people of Esto- tions, tortures, and murders com- nia, Latvia, and Lithuania and the people of mitted during the Soviet regime; a So- and the people of Russia, would form the basis for improved relations between the Russia, would form the basis for improved viet regime that was a Communist re- governments of the countries, and strength- relations between the governments of the gime, not a supposedly more open Rus- en stability in the region; countries, and strengthen stability in the re- sian government that purports to be Whereas the Russian Federation is to be gion; democratic today. commended for beginning to acknowledge Whereas the Russian Federation is to be I feel, along with the 29 cosponsors of grievous and regrettable incidents in their commended for acknowledging grievous and this resolution, that Russia needs to history, such as admitting complicity in the regrettable incidents in the Soviet era, such acknowledge the mistakes of the past massacre of Polish soldiers in the Katyn For- as the massacre by the Soviet regime of Pol- so it can move forward and become a est in 1939; ish soldiers in the Katyn Forest in 1939; Whereas the truth is a powerful weapon for truthful State and, in turn, a stronger Whereas the truth is a powerful weapon for healing, forgiving, and reconciliation, but its healing, forgiving, and reconciliation, but its democracy. It is important that the absence breeds distrust, fear, and hostility; absence breeds distrust, fear, and hostility; United States join with our allies in and and the Baltics and stand for democracy Whereas countries that cannot clearly Whereas countries that cannot clearly and the rights of individuals to be pro- admit their historical mistakes and make admit their historical mistakes and make tected everywhere. Democracy and peace with their pasts cannot successfully peace with their pasts cannot successfully freedom cannot exist without truth build their futures: Now, therefore, be it build their futures: Now, therefore, be it and transparency. Resolved by the House of Representatives (the Mr. MCCOTTER (during the reading). I would hope Russia would take a Senate concurring), That it is the sense of Mr. Speaker, I ask unanimous consent step towards this as a Nation by ac- Congress that the Government of the Rus- that the amendment to the preamble sian Federation should issue a clear and un- knowledging the past, and I encourage ambiguous statement of admission and con- be considered as read and printed in my colleagues to vote in favor of this demnation of the illegal occupation and an- the RECORD. resolution. nexation by the Soviet Union from 1940 to The SPEAKER pro tempore. Is there I also want to take the time to thank 1991 of the Baltic countries of Estonia, Lat- objection to the request of the gen- the gentleman from Illinois (Chairman via, and Lithuania, the consequence of which tleman from Michigan?

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.054 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6371 There was no objection. I hope as they enjoy the wonderment The National Journal actually wrote The SPEAKER pro tempore. The of this great Capitol of the United not long ago: ‘‘John Roberts seems a question is on the amendment to the States and the fact that they are able good bet to be the kind of judge we preamble offered by the gentleman to see those of us who serve in the should all want to have. All of us, that from Michigan (Mr. MCCOTTER). United States Congress, working the is, who are looking less for congenial The amendment to the preamble was democratic way, they will be ideologues than for professionals com- agreed to. emboldened and they will be infused mitted to the impartial application of A motion to reconsider was laid on with a sense of energy, of leadership, the law.’’ the table. and that they will carry the message of Indeed, his entire career has been, as f the Boy Scouts with great honor and the former White House counsel C. serve their country in a very honorable OPPOSING CAFTA LEGISLATION Boyden Gray reflected recently, ‘‘one way. of unquestioned integrity and fair- (Mr. BROWN of Ohio asked and was b 1245 mindedness.’’ given permission to address the House He is an extraordinary individual for 1 minute.) With that I thank you, Mr. Speaker, who has actually argued before the Mr. BROWN of Ohio. Mr. Speaker, and I wish them the very best. And I United States Supreme Court on 39 sep- the sugar provisions in the Central might see them out there. Boy Scouts arate occasions. He is, as the President American Free Trade Agreement would equal America. God bless America, and reflected during his nomination on cost U.S. taxpayers $500 million over God bless the Boy Scouts of America. Tuesday night, he is singularly one of the next 10 years, according to esti- f the most accomplished and brilliant mates released this week by the non- The SPEAKER pro tempore. Under a legal minds of his generation. And it partisan Congressional Budget Office. previous order of the House, the gen- has been acknowledged in the political The CBO, the arm of Congress that es- tleman from Oregon (Mr. DEFAZIO) is process as well. timates the costs of legislation, also recognized for 5 minutes. Because he personifies the very quali- found that revenues in the U.S. Treas- (Mr. DEFAZIO addressed the House. ties that most Americans would seek ury would fall by $4.4 billion over the His remarks will appear hereafter in on the Supreme Court, Judge Roberts same 10 years if CAFTA is enacted. the Extensions of Remarks.) was reported favorably out of the Sen- So this trade agreement, the Central ate Judiciary Committee just 2 short American Free Trade Agreement, is f years ago for his appointment to his not just about our trade deficit, which The SPEAKER pro tempore. Under a present post. In fact, the Senate Judi- has gone from $38 billion to $618 billion previous order of the House, the gen- ciary Committee voted 16 to 3, and in the last 12 years; it is not just about tleman from Idaho (Mr. OTTER) is rec- Judge Roberts was confirmed by the lost jobs, and we have lost 3 million ognized for 5 minutes. United States Senate for the D.C. Cir- jobs, manufacturing jobs alone in the (Mr. OTTER addressed the House. His cuit Court of Appeals by unanimous last 5 years; it is also about busting our remarks will appear hereafter in the consent. budget. It is going to cost us jobs, it is Extensions of Remarks.) And let me speak to this point of going to swell the trade agreement, it f is going to cost us $4.4 billion, and it timing because we are 1 week away NOMINATION OF JUDGE ROBERTS from the August recess. As I rise today, does nothing for the people of Central TO SUPREME COURT America or families in the United understanding that the House of Rep- States. The SPEAKER pro tempore. Under a resentatives has no formal role in the previous order of the House, the gen- confirmation of an Associate Justice to f tleman from Indiana (Mr. PENCE) is the Supreme Court, I would urge none- SPECIAL ORDERS recognized for 5 minutes. theless respectfully my colleagues in The SPEAKER pro tempore. Under Mr. PENCE. Mr. Speaker, apart from the Senate to give every deliberate the Speaker’s announced policy of Jan- the decision to go to war, a President consideration to Judge Roberts’ nomi- uary 4, 2005, and under a previous order makes no more consequential choice nation because time is of the essence, of the House, the following Members than filling a vacancy on the Supreme and time is on our side. will be recognized for 5 minutes each. Court of the United States. I rise today History tells us President Clinton’s f for a few short moments to say that in two nominations to the Supreme Court choosing Judge John Roberts as the took an average of 58 days from the SALUTING THE BOY SCOUTS OF next Associate Justice of the United day of nomination to confirmation. AMERICA States Supreme Court, President Bush Over the past 30 years, the confirma- The SPEAKER pro tempore. Under a has chosen wisely. tion process has averaged 72 days from previous order of the House, the gentle- Judge Roberts built a career of excel- confirmation to nomination. And as we woman from Texas (Ms. JACKSON-LEE) lence in the legal profession and in look at the calendar today, there are is recognized for 5 minutes. public service on the values of personal essentially 73 days between when the Ms. JACKSON-LEE of Texas. Mr. integrity and civility that I say proud- President nominated Judge Roberts Speaker, there are many things in ly he learned growing up in my home and when the Court would begin its America that give us cause for celebra- State of Indiana. While he was born in work this fall. The Senate has the time tion. I am delighted to rise today and Buffalo, New York, he was raised and for a thoroughgoing vetting of Judge salute the Boy Scouts of America that to this day says he is from what we call Roberts’ credentials and his back- are celebrating the jamboree and to ac- the region in northwestern Indiana, ground and his capacity to serve in this knowledge the service that they give to going to school in La Porte, Indiana, august position, and I urge them to all of America. before heading off to Harvard where he move with all deliberate speed and I do I am a proud member of the Sam would graduate with honors and then so with respect. Houston Area Council Boy Scouts of Harvard law school where he would be Again, I simply rise today recog- America. I am a Silver Beaver, and I a member of the Law Review and grad- nizing that apart from a decision to go have an Eagle Scout as a young son. To uate with highest honors. to war, a President makes no more all of those who have achieved as Boy He is one of four children. Today he consequential choice than filling a va- Scouts in America, our future leaders, lives in Bethesda, Maryland and was, cancy on the Supreme Court; and I say we congratulate them. We thank them prior to being appointed to service on with gratitude to the President of the very much for the service that they what is routinely referred to as the sec- United States that in choosing Judge give. I am reminded of the old sign of ond highest court in the land, the Dis- John Roberts, a son of the State of In- Boy Scouts laying down a raincoat or trict of Columbia Court of Appeals, he diana, a man who is devoted to the law jacket over the water to allow an elder- built an almost unprecedented career and devoted to the application of the ly person to walk. It is symbolic of the in the law, both in and out of public law and not the creation of the law, the service that they give. service. President has chosen wisely.

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.057 H22JYPT1 H6372 CONGRESSIONAL RECORD — HOUSE July 22, 2005 The SPEAKER pro tempore. Under a to produce a bushel of corn than they ganizing our intelligence community, previous order of the House, the gen- did just 25 years ago. creating a Director of National Intel- tleman from Ohio (Mr. BROWN) is rec- And the industry is not resting on its ligence with personnel and budgetary ognized for 5 minutes. laurels. Research continues into eth- authority, creating in statute a Na- (Mr. BROWN of Ohio addressed the anol production from feed stock such tional Counterterrorism Center, im- House. His remarks will appear here- as rice straw, corn stover, and sugar proving our transportation security, after in the Extensions of Remarks.) cane waste. These should even further and making important immigration re- f reduce fossil energy use and improve forms. net energy balance. According to the There are still challenges, however, EXCHANGE OF SPECIAL ORDER U.S. Department of Energy, ethanol that need to be met. The Privacy and TIME produced from these sources generates Civil Liberties Board established by Ms. HERSETH. Mr. Speaker, I ask 13.2 BTUs of energy for every BTU of the Intelligence Reform and Terrorism unanimous consent to take the time of fossil energy consumed. Prevention Act, for example, should be the gentleman from Ohio (Mr. BROWN). Finally, I will share with my col- operating and should be mandated with The SPEAKER pro tempore. Is there leagues an important point that was robust powers to oversee the govern- objection to the request of the gentle- raised yesterday in an Agriculture ment’s adherence to the guidelines set woman from South Dakota? Committee hearing on renewable fuels. forth by the 9/11 Commission. This There was no objection. Calculating and arguing over the net board is critical in ensuring a balance f energy balance of ethanol, petroleum between civil liberties and security. ETHANOL’S POSITIVE ENERGY and any other energy source is not In addition, more attention needs to BALANCE even the most relevant inquiry. From be given to aviation security, mass an economic standpoint, the pertinent transit issues, and first responders. We The SPEAKER pro tempore. Under a question really should be, what does it need to inspect air cargo that rides in previous order of the House, the gentle- cost to put a gallon of fuel in my gas the hold of passenger aircraft, and we woman from South Dakota (Ms. tank when and where I want to? must tighten security around mass HERSETH) is recognized for 5 minutes. Based on that inquiry, ethanol is transit areas. Ms. HERSETH. Mr. Speaker, I rise clearly winning that contest today. Furthermore, our first responders today to again set the record straight Today in Sioux Falls, South Dakota must have appropriate communica- regarding one of the persistent urban you can go to any Get-n-Go gas station tions. myths about ethanol and other renew- in the city and purchase a gallon of Finally, the 9/11 Commission con- able fuels. Yet again in the past couple E85, a blend of 85 percent ethanol and cluded that Congress needed to dra- of weeks I read about another study 15 percent gasoline for $1.79, whereas a matically strengthen oversight and that contains faulty and outdated as- gallon of premium gasoline costs $2.39. focus accountability. The commission sumptions, analysis and conclusions If you know how frugal South Dako- recommended a single principal point about the net energy balance of pro- tans are, I do not have to tell you of oversight and review for homeland ducing renewable fuels like ethanol which pump they are lining up behind. security in each House of Congress, and biodiesel. f preferably a standing committee on Whether produced from corn or other homeland security and dedicated ap- grains or biomass, ethanol production ORDER OF BUSINESS propriations subcommittees on intel- has matured into an extremely energy- Mr. SHAYS. Mr. Speaker, I ask unan- ligence. We have a dedicated com- efficient process. As you would expect imous consent to take my Special mittee in the House of Representatives with any developing industry, techno- Order at this time. on homeland security, but it needs to logical advances have greatly improved The SPEAKER pro tempore. Is there be strengthened. these efficiencies over the years. Un- objection to the request of the gen- The Senate still does not have such a fortunately, some academic studies tleman from Connecticut? committee for Homeland Security. choose to ignore these improvements. There was no objection. Today’s anniversary reminds us how Farmers are much more efficient f important it is we implement the rec- today than they were in years past. ommendations of the 9/11 Commission 9/11 COMMISSION REPORT They get more bushels of corn from an and how important it is we protect our acre of land than we did 25 years ago. The SPEAKER pro tempore. Under a Nation from those who would do us Some areas have seen yield improve- previous order of the House, the gen- harm. ments of 45 percent or more. Moreover, tleman from Connecticut (Mr. SHAYS) f they do it using far less energy. Farm- is recognized for 5 minutes. ers today use precision and no-till Mr. SHAYS. A year ago today, the TRIBUTE TO THE SOLIDARITY farming to greatly reduce tillage trips 9/11 Commission released its report. TRADE UNION IN POLAND and chemical applications. The effi- This report outlined 41 recommenda- The SPEAKER pro tempore. Under a ciency of fertilizer and pesticide pro- tions to protect this Nation from fu- previous order of the House, the gen- duction also has greatly improved over ture terrorist attacks. tleman from Illinois (Mr. LIPINSKI) is the years. It is crucial we ensure the implemen- recognized for 5 minutes. What is more, the process of turning tation of these recommendations. Mr. LIPINSKI. Mr. Speaker, I rise this corn into ethanol has greatly im- The 9/11 Commission produced what I today to pay tribute to the workers of proved. Mechanical and biological ad- feel is a sacred document. Their con- the Solidarity Trade Union in Poland. vancements in the process mean that duct should bring pride to all Ameri- On August 30 we will celebrate the 25th we get more ethanol from a bushel of cans because they realized that their anniversary of the worker strikes in corn than we used to. All of these de- mission was larger than partisan poli- Poland that led to the unprecedented velopments have a significant and posi- tics and acted accordingly. establishment of the Solidarity Trade tive impact on the net energy balance They completed this undertaking Union. of ethanol production. with determination, clarity, and vi- At the end of the Second World War, This fact has been confirmed by sion. On behalf of a grateful Nation, we Poland was forcefully incorporated countless analyses. A recent study by pledge to continue to work to make into the Soviet Union’s Communist the Department of Energy’s Argonne their entire vision reality. Bloc. By 1980, they endured decades of National Laboratory found that for Congress and the administration communism, with endemic corruption, every 100 BTUs of energy used to have made many significant changes the lies of its press, and its denial of produce ethanol, 135 BTUs of ethanol over the years to improve the security basic human and worker rights. are produced. That is because corn of the homeland. The Intelligence Re- Although major strikes and uprisings plants are extremely efficient solar form and Terrorism Prevention Act had taken place, all of them had been panels. USDA analysis has found that signed by the President in December of put down violently by military forces corn farmers use about half the energy 2004 was a critical step forward in reor- and the leaders had been arrested.

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.062 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6373 Things began to change in 1979 when The SPEAKER pro tempore. Under a cieties is squarely within our national Pope John Paul II, in his first official previous order of the House, the gen- interest. visit to his homeland, encouraged the tleman from California (Mr. SCHIFF) is To that end I have had the great people of Poland to be not afraid. Em- recognized for 5 minutes. privilege of working with our distin- powered by the Pope’s words, Poles (Mr. SCHIFF addressed the House. guished Speaker, the gentleman from soon began standing up to their com- His remarks will appear hereafter in Illinois (Mr. HASTERT), in the establish- munist government. the Extensions of Remarks.) ment of the House Democracy Assist- On August 14, 1980, at the Lenin Ship- f ance Commission. I have joined my col- league, the gentleman from North yard in the Baltic port city of Gdansk, The SPEAKER pro tempore. Under a Carolina (Mr. PRICE) who is the rank- 17,000 workers staged a strike under previous order of the House, the gen- the leadership of Lech Walesa. Initially ing member of this task force. tleman from Arizona (Mr. KOLBE) is formed as a response to increases in The House Democracy Assistance recognized for 5 minutes. Commission provides a forum for this the price of food and a dismissal of sev- (Mr. KOLBE addressed the House. His eral popular workers, the strike soon body to play a significant and remarks will appear hereafter in the proactive role in establishing the evolved into a broad demand for work- Extensions of Remarks.) ers’ rights. strong, independent, transparent legis- In mid-August, 1980, an interfactory f latures that are essential to a vibrant strike committee was established in The SPEAKER pro tempore. Under a and healthy democracy. Our commis- Gdansk to coordinate rapidly spreading previous order of the House, the gen- sion was established precisely because strikes there and elsewhere. Within a tleman from Minnesota (Mr. GUT- we realized that spreading freedom week, the committee presented the KNECHT) is recognized for 5 minutes. throughout the globe is as critical to Polish Government with a list of 21 de- (Mr. GUTKNECHT addressed the preserving it right here at home be- mands ranging from the right to join House. His remarks will appear here- cause we realize that we cannot aban- independent unions and an increase in after in the Extensions of Remarks.) don anyone to tyranny. the minimum wage to broader issues f Just a short time ago most of us such as censorship. could not have imagined millions of NATIONAL SECURITY CHALLENGES Iraqis turning out to vote. But there b 1300 The SPEAKER pro tempore. Under they were on January 30, defying the On September 22, 1980, Solidarity was the Speaker’s announced policy of Jan- terrorists and the world’s expectations formally established and became the uary 4, 2005, the gentleman from Cali- of what would happen there. first independent labor union in any fornia (Mr. DREIER) is recognized for 60 Those of us who have been engaged Soviet bloc country. By early 1981 the minutes as the designee of the major- with Central America over the past 21⁄2 trade union had a membership of about ity leader. decades have been amazed by the trans- 10 million people and represented most Mr. DREIER. Mr. Speaker, today we formation that has taken place there of the workforce in Poland. face a great national security chal- as well. Like their Iraqi counterparts, In the early 1980s, Solidarity was lenge, many challenges in fact. the people of Central America have forcibly suppressed by the Communist As we wage a global war on terror, we made the journey from violence and government and Solidarity was de- face an enemy that kills indiscrimi- oppression to democracy and freedom. clared illegal. Although the union was nately in its campaign against free- Many of my colleagues will remember formally dissolved, it continued as an dom, democracy and political plu- just how difficult that process was. underground organization. Solidarity ralism. The brutal attacks in London Two decades ago President Reagan reemerged in 1989 to become the first just a couple of weeks ago and, of and this body were deeply concerned opposition movement to participate in course, the other tragic news that we about the threat posed to the United free elections in a post-Soviet bloc na- have gotten from London this week are States by the communist expansion tion since the 1940s. a tragic reminder of the nature of the and civil war that existed in our own backyards. As the Cold War neared its The case of Solidarity, the movement enemy that we face. But I believe that fourth decade, violent conflict in El that ended communism in Poland with- the true sign of our times is not the Salvador, Guatemala, Nicaragua and out bloodshed, inspired other nations carnage of suicide bombers. It is the Honduras had the region in turmoil. under Soviet control to do the same image of millions of Iraqis waiting in Stability, let alone democracy, seemed and led to the end of the Cold War. line to cast their first free votes, and absolutely unattainable. This year marks the 25th anniversary millions more in Afghanistan, the of the strikes in Poland. Let us remem- Today the region is just as impor- Ukraine, Lebanon, Georgia, tant, Mr. Speaker, to our national in- ber Solidarity as the beginning of a Kyrgyzstan, and on and on and on great struggle that ended decades of terests. But rather than a threat, Cen- around the world. tral America is an ally and a partner in oppression and tyranny in Eastern Eu- Democracy is sprouting in places rope and led to the establishment of de- trade, counter terrorism, drug interdic- that seemed unthinkable and that has tion, and migration control. Our Cen- mocracy in Poland. We must recognize been the case for quite a while. The and forever remember the sacrifice, de- tral American friends play a vital role worldwide terror campaign that is in the security and well-being of the termination, and struggle that Poland being perpetrated and the rise of de- endured to secure their freedom. United States of America. mocracy in formerly inhospitable Again, for those who remember the f places are not unrelated. Just the op- struggle of the 1980s, this trans- The SPEAKER pro tempore (Mr. posite, in fact. The war that is being formation is no less astounding than SCHWARZ of Michigan). Under a pre- waged against political and economic the one taking place at this very mo- vious order of the House, the gen- freedom and our unwavering resolve to ment in Iraq. And our commitment to tleman from Indiana (Mr. BURTON) is defeat it is pushing oppressed people to solidifying and strengthening the recognized for 5 minutes. a tipping point. They are demanding democratic institutions that are tak- (Mr. BURTON of Indiana addressed the right to determine their own fu- ing root there should be no less firm the House. His remarks will appear tures. And as President Bush has so today than it was a decade and a half hereafter in the Extensions of Re- clearly articulated, the spread of free- ago when this process began. marks.) dom is not just a consequence of the The people of Central America have f global war on terror. It is our best de- embraced democracy, but they now ex- The SPEAKER pro tempore. Under a fense. That is, the spread of freedom is pect concrete results from their demo- previous order of the House, the gen- the most important thing that we can cratically elected leaders, and rightly tleman from Georgia (Mr. NORWOOD) is do for our national security. Those who so. They must find new opportunities recognized for 5 minutes. embrace the democratic principles of for prosperity and a higher standard of (Mr. NORWOOD addressed the House. liberty, opportunity and tolerance do living or they will question the demo- His remarks will appear hereafter in not resort to terrorism. Aiding the es- cratic institutions that have only re- the Extensions of Remarks.) tablishment of democratic and free so- cently brought peace to that region.

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.065 H22JYPT1 H6374 CONGRESSIONAL RECORD — HOUSE July 22, 2005 We cannot take the threat of faltering Ortega and of the extreme right led by b 1315 democracy lightly. jailed former President Aleman is chal- Now, that is good for U.S. consumers Recent events in Venezuela and Bo- lenging the authority and stability of to have access to all of those things. livia are a testament to the potential the Bolanos government. These two old These special preferences have enjoyed for political instability in the absence Nicaraguan political hands, Ortega and strong support from the Congress. of economic growth. Great economic Aleman, would seem to have little in Large bipartisan, and I stress bipar- gains have been made in the decade and common but they do share a distaste tisan, majorities in both Houses of a half since democracy took hold, but for the free market. These men have Congress have long recognized the im- there is far more that needs to be done, staked their political futures in large portance of supporting economic Mr. Speaker. part on their opposition to the Domini- growth in the region. Back in 1983, we The average gross domestic product can Republic-Central American Free passed the original Caribbean Basin per capita for the five countries of DR– Trade Agreement. Initiative in the House by a vote of 392 CAFTA, and those countries are the Defeating the agreement would give to 18. It does not get much stronger Dominican Republic, El Salvador, Gua- credence to their anti-economic liber- and more bipartisan than that. temala, Honduras, Nicaragua, Costa alization rhetoric and momentum to Since then, we have continued to ac- Rica, the GDP on a per capita basis is their undemocratic plots. knowledge that opening our economy roughly about $2,660 or less than 7 per- Aleman cares more for his own en- to the Central American people is crit- cent of the U.S. GDP per capita. Even richment than for democracy and Or- ical to stabilizing the region and pro- citizens in the post successful of those tega is a compadre of Fidel Castro’s viding the tools that will lift them out 5 countries, Costa Rica, have one- and routinely describes the United of poverty. In 2000, the House re- fourth the purchasing power of the av- States of America as an ‘‘enemy of hu- affirmed our commitment to creating erage American. Inflation, unemploy- manity.’’ new opportunities in this hemisphere ment and under-employment are sig- Ortega also keeps close company when 309 Members, which included 183 nificant challenges. with Commandante Tomas Borge, Republicans and 126 Democrats, voted If these economic realities are not someone who I got to know quite well in support of the Trade and Develop- more effectively resolved, our neigh- during the 1980s. Tomas Borge is the ment Act, further opening the U.S. bors could in fact turn to alternative only surviving member of the Sandi- market to Central American goods. leadership. Leadership far more hostile nista Front in Nicaragua. He has said With DR-CAFTA, our partners in the to the United States and democracy. that the defeat of the Dominican Re- region are offering to make these bene- All one needs to do is simply witness public-Central American Free Trade fits reciprocal. They have access to our Venezuela and their President, Hugo Agreement which he has worked very markets. Everything that they have Chavez. hard to bring down, the defeat of that can come virtually duty-free into the The countries of -CAFTA have 2 would lead to the consolidation, he United States. Now, U.S. producers paths before them. One leads to trade says, of the ‘‘leftist triangle.’’ That under this agreement will enjoy the liberalization and the rule of law. The leftist triangle of course is Cuba, Ven- duty-free access that their Central other leads to protectionism and the ezuela, and as he says, now Nicaragua. American counterparts currently rule of the well-connected. The United Coming from a man who founded an enjoy. Tariffs on 80 percent of all man- States should not slam the door in the ufactured goods will immediately drop face of those who are making the right organization, the Sandinista Libera- tion Front, that violated human rights, to zero, Mr. Speaker, that is from 80 and difficult decision to pursue open percent to zero, while the rest are trade. consorted and to this day continues to consort with terrorists, and targeted phased in over a 10-year period of time. The presidents of the DR–CAFTA But lower tariffs are just the begin- Americans is obviously a very trou- countries have staked much political ning. In the 21st century it is not just bling sign. A return of the Sandinista capital on their decisions to adopt this the product itself that is important; it regime and the establishment of an multilateral free trade agreement. The is the idea behind the product, the in- anti-American coalition involving Cas- DR–CAFTA leaders have embarked on novations and the creative content, tro and Chavez would be extremely this path because they know it will that make U.S. producers so valuable dangerous for the United States and for mean for their citizens, they know it and our economy so strong. Our knowl- our regional interests. will mean a great deal for them, eco- edge-based economy, based on our nomic opportunities, less economic We must do everything in our power, power to innovate, has secured our stratification, increased economic Mr. Speaker, to support the positive place as the world’s economic super- transparency, a strengthened rule of democratic governments we worked so power. law and hope for the future. hard to help create. A return to the But as intellectual property grows in An American rejection of the Domin- violent past would be devastating for significance to the United States econ- ican Republic-Central American Free the United States, the region and, most omy, so does the importance of pro- Trade Agreement, would be politically tragically, the people of Central Amer- tecting intellectual property. We al- devastating to these democratically ica for whom we fought and struggled ways talk about the importance of elected governments that have staked so hard during the 1980s. property rights. Intellectual property so much on the promise of this agree- Just as we are working to spread is equally important. ment. If they are unable to deliver on freedom and democracy around the DR-CAFTA fully accounts for the the economic improvements they have world, we must not negligent it in our value of intellectual property and pro- pledged, these visionary leaders will be own back yard. We must help to in- vides the state-of-the-art protection pressured to pursue protectionism over crease the prosperity that undergirds that our 21st-century economy de- liberalization, or worse, failure to peace. And we can accomplish this, Mr. mands. It will bring the region’s intel- enact the Dominican Republic-Central Speaker, by passing the Dominican Re- lectual property laws in line with U.S. American Free Trade Agreement, could public-Central American Free Trade laws. It will ensure that violators will lead to the rise of the political elite, a Agreement. But DR-CAFTA and the be appropriately punished. And, most political elite that is hostile to the economic future of the region are not important, it will provide the tools to United States, inclined to dema- just critical to our security interests. successfully enforce these comprehen- goguery, and uncooperative in regional They are vital to our economic inter- sive commitments. This agreement security and economic affairs. Again, ests as well. will create an environment where inno- all one needs to witness is Venezuela’s Over the past 20 years, we have uni- vative American goods can compete Hugo Chavez. laterally opened our market to Central fairly and openly. Without these pro- Now, let us consider the case of Nica- American trade. Producers in the DR- tections, Mr. Speaker, the benefits of ragua. President Enrique Bolanos’ gov- CAFTA region send 80 percent of their low tariffs could not be fully realized. ernment in Managua faces a litany of goods, including 99 percent of their ag- The 21st-century economy is also a threats on a daily basis. An unholy al- ricultural products, to the United service-providing economy. Services, liance of the extreme left led by Daniel States of America duty free. those that cater to consumers like you

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.072 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6375 and me, those that cater to other busi- creased Sino competition. The Domini- more slowly and less uniformly than nesses now make up 80 percent of pri- can Republic-Central American Free we would hope, it is clear that in- vate-sector GDP, as well as 80 percent Trade Agreement provides the oppor- creased trade has been a very positive of employment in this country. And it tunity to strengthen the regional sup- force there as well. Wages in Mexico in is in these sectors that our DR-CAFTA ply chain and boost an apparel indus- trade-related industries are 37 percent negotiators achieved some of our hard- try that is heavily dependent on U.S. higher than in other industries. Again, est fought and most significant gains. products. in trade-related areas we have a 37 per- Service sectors in the DR-CAFTA Upon enactment of this agreement, cent higher wage rate in Mexico than countries are heavily protected, and in Mr. Speaker, more than 90 percent of in other areas. Mexican wages and em- many cases they are closed entirely, all apparel made in the DR-CAFTA re- ployment are higher in states with closed entirely, to foreign investment gion will be sewn from fabric and yarn higher foreign investment and trade; and to competition as well. This agree- made right here in the United States of and migration from those states, Mr. ment will open up these markets vir- America. All American textile goods Speaker, is lower. Wages are also high- tually across the board for the highly will receive immediate duty-free access er in sectors with more exposure to ei- competitive service providers based to the DR-CAFTA market, and these ther imports or exports. here in the United States. From tele- benefits will be retroactive to January First through NAFTA and now communications to insurance to finan- 1 of 2004. That is a year and a half back. through DR-CAFTA, we are cooper- cial planning, DR-CAFTA will grant By dismantling the trade barriers ating, growing, and becoming more the United States new access in the that have hindered job creation here at competitive with our friends and neigh- sectors that make up the backbone of home, we will create new opportunities bors in this region. We can continue to our economy and the future of our con- for America’s workers. And by use our respective strengths and re- tinued competitiveness. strengthening regionally based indus- sources to our mutual benefit and com- But to fully grasp the significance of tries, job creation here in the United pete in the worldwide market. this agreement for our economy, we States will support job creation in the Many of my colleagues, Mr. Speaker, have to look beyond individual sectors DR-CAFTA countries. Far from a zero claim that mutually beneficial co- and tariff schedules. We have to look at sum game, a zero sum scenario, we operation is not possible because the the bigger picture. Mr. Speaker, we live have the chance to prosper and grow DR-CAFTA countries are too poor and in a global economy. We were reminded together. their labor protections are far from of that just this week when Prime Min- The opportunities for greater eco- perfect. It is certainly true that far too ister Singh delivered his address, the nomic opportunity do not end with tex- many Dominicans and Central Ameri- Indian Prime Minister, to a joint ses- tiles and apparel. As the DR-CAFTA cans live in poverty. No one is ignoring sion of Congress. The impact of the economies grow and diversify, the that fact. But how can we look at worldwide market is growing, not strengths of our economies will con- rampant poverty in our own back yard shrinking. It would not be in our inter- tinue to reinforce each other. This fur- and then condemn our neighbors to re- est to run from globalization, even if it ther integration of the regional econ- main in these conditions? were possible for us to do so. Our re- omy will build upon the tremendous The World Bank recently conducted a sponse must be to become more com- success of another FTA, an FTA that study of DR-CAFTA and the impact it petitive and continue to prosper from a we are frequently told rhymes with would have on the region. Their find- growing global marketplace. After all, CAFTA. ings were very clear. This agreement 94 percent of the world’s consumers are Many DR-CAFTA opponents paint will reduce poverty and raise the outside of our borders. the agreement as a repeat of the North standards of living for Dominicans and A key part of making this region American Free Trade Agreement, Central Americans, they found. As the more competitive is to work together. NAFTA. Then they bemoan NAFTA as report notes, parties to free trade We already have economies that are a catalyst for economic failure and job agreements experience higher growth complementary, and there is no better loss in the United States. Mr. Speaker, in GDP, averaging a 3 percent increase example of how the economic relation- one simply has to look at the economic over 5 years. For the DR-CAFTA coun- ship between the United States and the facts to declare their rhetoric as the tries, this extra 3 percent growth will Dominican Republic-Central American distortionist tactics of protectionists. mean that nearly half a million people, countries region can work for our mu- So what are these facts? First, since nearly half a million people will be lift- tual benefit than the textile and ap- NAFTA’s implementation, we have ed out of poverty by the end of this parel industries. added 20 million jobs to our labor mar- decade. The DR-CAFTA countries are the ket here in the United States. Our The World Bank confirms the DR- second largest importers of U.S. tex- economy has grown by 38 percent since CAFTA will increase investment in the tiles. Again, they are the second larg- implementation of the NAFTA. U.S. region, combat corruption, and im- est importers of U.S. textiles; and we exports to our NAFTA partners have prove the quality of public institu- are their largest export destination for more than doubled, growing by 112 per- tions. It will raise the standard of liv- finished product, for apparel. At a time cent. Let me say that again. Many peo- ing, particularly for those who are liv- when the United States textile indus- ple believe that we only buy everything ing in poverty. It will spur innovation, try looks for new ways to remain com- from Mexico and Canada. But our ex- and it will solidify the broad economic petitive in the global economy, this re- ports since passage of the North Amer- gains made in the region in recent gion is our strongest trading partner in ican Free Trade Agreement have in- years. textiles and apparel. creased by 112 percent. The report’s analysis further notes Just look at the content of clothes Some of the biggest economic gains that FTAs like DR-CAFTA lead to that our families wear. Central Amer- have been, believe it or not, Mr. Speak- higher wages and improved working ican apparel is made mostly from U.S. er, in the manufacturing sector. Manu- conditions. All of these factors lead the products, 80 percent on average. Ap- facturing output has risen by a third, World Bank to conclude: ‘‘A central parel coming from the Pacific Rim, by while real manufacturing wages have factor in determining the future of contrast, is made up of less than 2 per- increased by 27 percent. And NAFTA Central America will be the ratifica- cent, 2 percent, U.S. content. Again, 80 has yielded 43 percent of U.S. manufac- tion and implementation of a Domini- percent of that from Central America turing export growth as well as 28 per- can Republic-Central American Free is U.S. content. Only 2 percent from cent of import growth. So we have seen Trade Agreement.’’ Asia is made up of U.S. content. that this has clearly been a win-win all Mr. Speaker, rejecting CAFTA, on With the lifting of worldwide textile the way around. the other hand, would simply sanction quotas earlier this year, we all face the The U.S. certainly has not monopo- the status quo. Let us look at all the challenge of growing Chinese imports. lized the benefits of NAFTA. The challenges we have. No one has offered This includes Central American ap- agreement also led to 30 percent an alternative to the DR-CAFTA. If we parel manufacturers, who have been growth in the Mexican economy. While were to reject it, it would deny the DR- forced to close up shop as a result of in- economic liberalization has moved CAFTA countries the tools to create

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.074 H22JYPT1 H6376 CONGRESSIONAL RECORD — HOUSE July 22, 2005 jobs and develop the resources to im- Oscar Arias wrote in the Washington for opportunities at home; and, there- plement strong labor protections. Con- Post, ‘‘The Central American Free fore, an incentive to stay and build a gress recognized this principle when we Trade Agreement would allow Central future in their home country. It will passed free trade agreements with Jor- America to thrive by exporting goods reinforce their faith in the power of dan and Morocco. Both Jordan and Mo- through trade rather than exporting economic freedom and strengthen their rocco have struggled with high poverty people through migration. Access to commitment to the rule of law and the levels and a lack of adequate resources the U.S. market is the most important free market. And it will solidify these to fully enforce labor protections. tool to speed our economic and social six countries as free and democratic al- Yet bipartisan majorities in the development and to keep our people at lies right at our doorstep. House and Senate demonstrated that home.’’ Mr. Speaker, we have learned just economic liberalization was key to im- Mr. Speaker, I urge this body not to, how critical the spread of democracy is proving these conditions and sent these in the words of Oscar Arias, punish to our national security. Our troops FTAs to the President’s desk. Central America for achieving peace. are currently in harm’s way in Iraq and Tom Friedman of the New York Afghanistan, fighting to ensure their b 1330 Times recently wrote, ‘‘In the 1980s we fledgling democracies are sustained. That was a decision that both Houses were worried that Central America was The Central American people have of Congress made with bipartisan going communist. Now it seems today already done the most difficult work. votes. Once again, we have the oppor- that people are worried that Central With our help, they have rejected dic- tunity to combat poverty and improve America is going capitalist.’’ tatorship, totalitarian, labor conditions with the passage of Our neighbors want to embrace that authoritarianism, and they have cho- the Dominican Republic-Central Amer- economic liberalization and what it sen to embrace democracy. They have ican Free Trade Agreement. can bring. Through the Dominican Re- laid the foundations of the rule of law, Once again, Mr. Speaker, these posi- public-Central American Free Trade political pluralism and a commitment tive economic benefits have broader se- Agreement, we will help them continue to free markets. But these tremendous gains are still curity implications for the United to make progress against poverty in States. Rising standards of living in very fragile and they are reversible. our hemisphere and reduce the flow of After all, these are democracies that the region will assist in resolving an illegal immigrants into the United issue that affects all of us, that issue is are only 15 years old. We cannot leave States. before the job is done. We need the Do- illegal immigration. Specifically, we Unfortunately, it is on this very issue minican Republic-Central American can deter illegal immigration by ad- of immigration that the DR–CAFTA Free Trade Agreement to fully achieve dressing one of its root causes, that debate has become clouded. There has what Ronald Reagan set out to do more being poverty. been some confusion as to the impact than 20 years ago, and that is bring Mr. Speaker, illegal immigration is a of the agreement, and the impact it permanent peace and prosperity to our national problem that saps the re- will have on U.S. immigration law. I back door. sources of local law enforcement, over- would like to set the record straight. When Ronald Reagan announced his whelms our medical system, and puts There is absolutely nothing in the candidacy for President on November 6, great strains on our schools. With over agreement that affects our immigra- 1979, he envisioned a free trade accord 10 million illegal immigrants in the tion laws. To ensure against any ambi- for this entire hemisphere. The Domin- United States, the cost to the Federal guity in that matter, all seven parties ican Republic-Central American Free Government and State governments, as to the agreement signed a legally bind- Trade Agreement is a very important we all know, is enormous. ing document unequivocally saying step on that road towards imple- Nearly all illegal immigrants to the ‘‘No provision of the agreement shall menting the vision of Ronald Reagan. United States come in search of work, be construed to impose any obligation I urge my colleagues to join with us economic opportunity, a chance to feed on a party regarding its immigration in a bipartisan way, which is the way their families because they have found measures.’’ That is actually part of the that we have traditionally dealt with limited opportunity at home. In fact, agreement. the very important issue of inter- T.J. Bonner, the President of the Na- To make it very clear, nothing in the national trade, and come together tional Border Patrol Council, estimates Central American Free Trade Agree- when we next week cast this critical that 98 percent of illegal immigrants ment will in any way modify U.S. im- vote on the Dominican Republic-Cen- come to this country for one reason migration law. DR–CAFTA fully pre- tral American Free Trade Agreement. and one reason only, seeking economic serves both existing U.S. immigration f opportunity. To stem the tide of illegal law and the power of this Congress to LEAVE OF ABSENCE immigrants, it stands to reason that legislate at its discretion on immigra- we should encourage economic pros- tion matters. In fact, DR–CAFTA fully By unanimous consent, leave of ab- perity in the countries that are fre- preserves the power of this Congress to sence was granted to: quently the source of those illegal im- legislate at its discretion on any mat- Mr. BOREN (at the request of Ms. migrants. ter whatsoever. PELOSI) for today. DR–CAFTA gives the Dominican Re- This agreement will not cede our sov- Mr. LINDER (at the request of Mr. public and the Central American coun- ereignty or create loopholes in our im- DELAY) for today on account of trav- tries the much-needed push towards migration law, as some have argued. eling to Georgia with the President of the United States. prosperity that they so strongly desire. What it will do is lower the tariff and Mr. PICKERING (at the request of Mr. It will open markets and opportunity nontariff barriers our producers and DELAY) for today on account of attend- in the region, allow their citizens to service providers currently face. It will ing a BRAC Commission hearing for his purchase more goods for less money, strengthen the regional supply chain district. give small businesses reason to expand, that helps us compete globally, par- Mr. YOUNG of Florida (at the request help create jobs, and raise the stand- ticularly with regards to China. It will of Mr. DELAY) for today on account of ards of living. build upon the economic gains we have family medical illness. And most important, the people of already achieved in this region through f Central America will have an incentive the North American Free Trade Agree- to build their future in their own coun- ment, and it will pave the way for even SPECIAL ORDERS GRANTED tries rather than to make the dan- stronger gains throughout the hemi- By unanimous consent, permission to gerous, illegal attempts to enter our sphere. address the House, following the legis- country. This is in our best interest as DR–CAFTA will provide the Domini- lative program and any special orders a country. It is our duty as a steadfast can Republic and the Central American heretofore entered, was granted to: ally to our friends and neighbors in people with the tools to reach the first (The following Members (at the re- Central America. rung of the economic ladder, and it will quest of Ms. HERSETH) to revise and ex- As the former President of Costa help them as they seek to climb that tend their remarks and include extra- Rica, the Nobel Peace Prize winner economic ladder. It will provide hope neous material:)

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.075 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6377 Mr. DEFAZIO, for 5 minutes, today. on the Department’s implementation of provement, Department of Education, trans- Mr. BROWN of Ohio, for 5 minutes, Postal System improvements, pursuant to mitting the Department’s final rule — Credit today. Public Law 108–375 section 568(b); to the Enhancement for Charter School Facilities Committee on Armed Services. Program (RIN: 1855-AA02) received April 25, Mr. SCHIFF, for 5 minutes, today. 3039. A letter from the Under Secretary for 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ms. HERSETH, for 5 minutes, today. Aquisitions, Technology and Logistics, De- Committee on Education and the Workforce. Mr. LIPINSKI, for 5 minutes, today. partment of Defense, transmitting a report 3050. A letter from the Secretary, Depart- (The following Members (at the re- on the Department’s implementation of ment of Health and Human Services, trans- quest of Mr. PENCE) to revise and ex- Postal System improvements, pursuant to mitting the Fiscal Year 2003 Biennial Report tend their remarks and include extra- Public Law 108–375 section 568(b); to the to Congress on the Status of Children in neous material:) Committee on Armed Services. Head Start Programs as required by Section 3040. A letter from the Under Secretary for Mr. GUTKNECHT, for 5 minutes, July 650 of the Head Start Act; to the Committee Acquisition, Technology and Logistics, De- on Education and the Workforce. 29. partment of Defense, transmitting certified 3051. A letter from the Deputy Assistant Mr. SHAYS, for 5 minutes, today. materials supplied to the Defense Base Clo- Administrator, Office of Diversion Control, Ms. FOXX, for 5 minutes, July 28. sure and Realignment Commission, pursuant Department of the Treasury, transmitting Mr. OTTER, for 5 minutes, July 25, 26, to Public Law 101–510, section 2903(c)(6) and the Department’s final rule — Preventing 27, 28, and 29. 2914(b)(1); to the Committee on Armed Serv- the Accumulation of Surplus Controlled Sub- Mr. PENCE, for 5 minutes, today. ices. stances at Long Term Care Facilities [Dock- 3041. A letter from the Under Secretary for et No. DEA-240F] (RIN: 1117-AA75) received f Acquisition, Technology and Logistics, De- May 23, 2005, pursuant to 5 U.S.C. ADJOURNMENT partment of Defense, transmitting certified 801(a)(1)(A); to the Committee on Energy and materials supplied to the Defense Base Clo- Commerce. Mr. DREIER. Mr. Speaker, I move sure and Realignment Commission, pursuant 3052. A letter from the Asst. Gen. Counsel that the House do now adjourn. to Public Law 101–510, section 2903(c)(6) and for Legislation and Regulatory Law, OS, De- The motion was agreed to; accord- 2914(b)(1); to the Committee on Armed Serv- partment of Energy, transmitting the De- ingly (at 1 o’clock and 39 minutes ices. partment’s final rule — Procedural Rules for p.m.), under its previous order, the 3042. A letter from the Director, Defense the Assessment of Civil Penalties for Classi- House adjourned until Monday, July 25, Procurement and Acquisition Policy, De- fied Information Security Violations [Dock- 2005, at 12:30 p.m., for morning hour de- partment of Defense, transmitting the De- et No. SO-RM-00-01] (RIN: 1992-AA28) re- partment’s final rule — Defense Federal Ac- bates. ceived February 4, 2005, pursuant to 5 U.S.C. quisition Regulation Supplement; Berry 801(a)(1)(A); to the Committee on Energy and f Amendment Memoranda [DFARS Case 2004- Commerce. EXECUTIVE COMMUNICATIONS, D035] received July 21, 2005, pursuant to 5 3053. A letter from the Attorney, Office of U.S.C. 801(a)(1)(A); to the Committee on Legislation and Regulatory Law, Depart- ETC. Armed Services. ment of Energy, transmitting the Depart- Under clause 8 of rule XII, executive 3043. A letter from the Director, Defense ment’s final rule — Price Competitive Sale communications were taken from the Procurement and Acquisition Policy, De- of Strategic Petroleum Reserve Petroleum; Speaker’s table and referred as follows: partment of Defense, transmitting the De- Standard Sales Provisions (RIN: 1901-AB15) partment’s final rule — Defense Federal Ac- received July 13, 2005, pursuant to 5 U.S.C. 3032. A letter from the Congressional Re- quisition Regulation Supplement; Sole 801(a)(1)(A); to the Committee on Energy and view Coordinator, APHIS, Department of Ag- Source 8(a) Awards to Small Business Con- Commerce. riculture, transmitting the Department’s cerns Owned by Native Hawaiian Organiza- 3054. A letter from the Secretary, Depart- final rule — Highly Pathogenic Avian Influ- tions [DFARS Case 2004-D031] received July ment of Health and Human Services, trans- enza; Additional Restrictions [Docket No. 04- 21, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the FY 2004 financial report for the 011-3] received July 21, 2005, pursuant to 5 the Committee on Armed Services. Animal Drug User Fee Act (ADUFA), en- U.S.C. 801(a)(1)(A); to the Committee on Ag- 3044. A letter from the Director, Defense acted on November 18, 2003 (Pub. L. 108-199); riculture. Procurement and Acquisition Policy, De- to the Committee on Energy and Commerce. 3033. A communication from the President partment of Defense, transmitting the De- 3055. A letter from the Regualtions Coordi- of the United States, transmitting a request partment’s final rule — Defense Federal Ac- nator, Department of Health and Human for a FY 2006 budget amendments for the De- quisition Regulation Supplement; Business Services, transmitting the Department’s partment of Homeland Security; (H. Doc. No. Restructuring Costs-Delegation of Authority final rule — Public Health Service Policies 109–50); to the Committee on Appropriations to Make Determinations Relating to Pay- on Research Misconduct (RIN: 0940-AA04) re- and ordered to be printed. ment [DFARS Case 2004-DO26] received July ceived May 16, 2005, pursuant to 5 U.S.C. 3034. A letter from the Director, Executive 21, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Energy and Office of the President, transmitting a report the Committee on Armed Services. Commerce. on the estimated costs in the future fiscal 3045. A letter from the Principal Deputy 3056. A letter from the Regulations Coordi- years of: Operation Iraqi Freedom and Oper- Under Secretary for Personnel and Readi- nator, Department of Health and Human ation Enduring Freedom; any related mili- ness, Department of Defense, transmitting Services, transmitting the Department’s tary operations in and around Iraq and Af- authorization of Rear Admiral Paul E. Sul- final rule — Amending the Regulations Gov- ghanistan; and reconstruction, internal secu- livan, United States Navy, to wear the insig- erning Nondiscrimination on the Basis of rity, and related economic support to Iraq nia of the grade of vice admiral in accord- Race, Color, National Origin, Handicap, Sex, and Afghanistan for fiscal years 2006 through ance with title 10, United States Code, sec- and Age to Conform to the Civil Rights Res- 2011, pursuant to Public Law 108–287, section tion 777; to the Committee on Armed Serv- toration Act of 1987 (RIN: 0991-AB10) received 9012; to the Committee on Appropriations. ices. May 6, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); 3035. A letter from the Administrator, Gen- 3046. A letter from the General Counsel, to the Committee on Energy and Commerce. eral Services Administration, transmitting a Department of the Treasury, transmitting a 3057. A letter from the Deputy Assistant report of a violation of the Antideficiency draft bill ‘‘To expand the list of statutes con- Administrator, Office of Diversion Control, Act by the Information Technology Fund, tained in the original HIPC debt reduction Department of Justice, transmitting the De- Treasury symbol 47X4548, pursuant to 31 legislation to include the Lend-Lease Act of partment’s final rule — Authority for Practi- U.S.C. 1517(b); to the Committee on Appro- 1941’’; to the Committee on Financial Serv- tioners to Dispense or Prescribe Approved priations. ices. Narcotic Controlled Substances for Mainte- 3036. A letter from the Administrator, Gen- 3047. A letter from the President and nance or Detoxification Treatment [Docket eral Services Administration, transmitting a Chairman, Export-Import Bank of the United No. DEA-202F] (RIN: 1117-AA68) received report of a violation of the Antideficiency States, transmitting report on transactions July 6, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Act by the Working Capital Fund, Treasury involving U.S. exports to Mexico, pursuant to the Committee on Energy and Commerce. Symbol 47X4540.1, pursuant to 31 U.S.C. to 12 U.S.C. 635(b)(3)(i); to the Committee on 3058. A letter from the Attorney, NHTSA, 1517(b); to the Committee on Appropriations. Financial Services. Department of Transportation, transmitting 3037. A letter from the Assistant Deputy 3048. A letter from the Asst. Gen. counsel the Department’s final rule — Defect and Under Secretary for Transportation Policy, for Regulatory Services, Department of Edu- Noncompliance Responsibility and Reports Department of Defense, transmitting A re- cation, transmitting the Department’s final Defect and Noncompliance Notification port on the Department’s implementation of rule — Federal Policy for the Protection of [Docket No. NHTSA-2004-18341; Notice No. 2] Postal System improvements, pursuant to Human Subjects (RIN: 1890-AA08) received (RIN: 2127-AJ48) received July 2, 2005, pursu- Public Law 108–375 section 568(b); to the July 13, 2005, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee on Armed Services. 801(a)(1)(A); to the Committee on Education on Energy and Commerce. 3038. A letter from the Under Secretary for and the Workforce. 3059. A letter from the Legal Advisor to Aquisition, Technology and Logistics, De- 3049. A letter from the Acting Assistant Chief, MB, Federal Communications Com- partment of Defense, transmitting a report Deputy Secretary for Innovation and Im- mission, transmitting the Commission’s

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K22JY7.078 H22JYPT1 H6378 CONGRESSIONAL RECORD — HOUSE July 22, 2005 final rule — Amendment of Section 73.606(b), mitting the Commission’s final rule — Rules 3077. A letter from the Assistant Legal Ad- Table of Allotments, Television Broadcast and Regulations Implementing Minimum viser for Treaty Affairs, Department of Stations. (Green Bay, Wisconsin) [MB Dock- Customer Account Record Exchange Obliga- State, transmitting copies of international et No. 01-325, RM-10136] received May 23, 2005, tions on All Local and Interchange Carriers agreements, other than treaties, entered into pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [CG Docket No. 02-386] received May 24, 2005, by the United States, pursuant to 1 U.S.C. mittee on Energy and Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 112b(a); to the Committee on International 3060. A letter from the Legal Advsior to the mittee on Energy and Commerce. Relations. Bureau Chief, MB, Federal Communications 3069. A letter from the Legal Advisor to the 3078. A letter from the General Counsel, Commission, transmitting the Commission’s Bureau Chief, MB, Federal Communications Department of Defense, transmitting pro- final rule — Amendment of Section 73.202(b), Commission, transmitting the Commission’s posals of legislation prepared through the Table of Allotments, FM Broadcast Stations. final rule — Amendment of Section 73.202(b), joint effort of the Department of Defense and (Shorter, Orrville, Selma and Birmingham, Table of Allotments, FM Broadcast Stations. the Department of State; to the Committee Alabama) [MB Docket No. 04-201, RM-10972, (Ammon and Dubois, Idaho) [MB Docket No. on International Relations. RM-11103] received May 23, 2005, pursuant to 04-427, RM-11127, RM-11239] received June 20, 3079. A letter from the Deputy Secretary, 5 U.S.C. 801(a)(1)(A); to the Committee on 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Defense, transmitting reports Energy and Commerce. Committee on Energy and Commerce. pursuant to the Emergency Supplemental 3061. A letter from the Legal Advisor to the 3070. A letter from the Legal Advisor to the Appropriations Act for Defense, the Global Bureau Chief, MB, Federal Communications Chief, MB, Federal Communications Com- War an Terror, and Tsunami Relief, 2005, Commission, transmitting the Commission’s mission, transmitting the Commission’s Public Law 109–13; to the Committee on final rule — Amendment of Section 73.202(b) final rule — Amendment of Section 73.202(b), International Relations. Table of Allotments, FM Broadcast Stations. Table of Allotments, FM Broadcast Stations. 3080. A letter from the Acting Assistant (Clatskanie, Oregon, Long Beach and Ilwaco, (Crystal Falls, Michigan) [MB Docket No. 04- Secretry for Legislative Affairs, Department Washington) [MB Docket No. 04-428, RM- 370, RM-11081]; (Laona, Wisconsin) [MB Dock- of State, transmitting a report pursuant to 11124] received May 23, 2005, pursuant to 5 et No. 04-371, RM-11082]; (Blythe, California) Section 804 of the PLO Commitments Com- U.S.C. 801(a)(1)(A); to the Committee on En- [MB Docket No. 04-388, RM-11089]; (Celoron, pliance Act of 1989 (title VIII, Foreign Rela- ergy and Commerce. New York) [MB Docket No. 04-390, RM-11091]; tions Authorization Act, FY 1990 and 1991 3062. A letter from the Acting Deputy (Wells, Texas) [MB Docket No. 04-391, RM- (Pub. L. 101–246)), and Sections 603-604 (Mid- Chief, WCB/TAPD, Federal Communications 11092] received June 20, 2005, pursuant to 5 dle East Peace Commitments Act of 2002) Commission, transmitting the Commission’s U.S.C. 801(a)(1)(A); to the Committee on En- and 699 of the Foreign Relations Authoriza- final rule — Federal-State Joint Board on ergy and Commerce. tion Act, FY 2003 (Pub. L. 107–228); to the Universal Service [CC Docket No. 96-45) re- 3071. A letter from the Legal Advisor to the Committee on International Relations. ceived May 23, 2005, pursuant to 5 U.S.C. Bureau Chief, MB, Federal Communications 3081. A letter from the President, United 801(a)(1)(A); to the Committee on Energy and Commission, transmitting the Commission’s States Institute of Peace, transmitting a re- Commerce. final rule — Amendment of Section 73.202(b), port on the findings of the Task Force on the 3063. A letter from the Senior Legal Advi- Table of Allotments, FM Broadcast Stations. United Nations entitled, ‘‘American Inter- sor, Chief, MB, Federal Communications (Jackson and Charlotte, Michigan) [MB ests and UN Reform,’’ pursuant to Public Commission, transmitting the Commission’s Docket No. 05-35, RM-11134] received June 20, Law 108–447; to the Committee on Inter- final rule — Implementation of Section 304 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the Telecommunications Act of 1996 [CS national Relations. Committee on Energy and Commerce. 3082. A letter from the Chair, CPB Board of Docket No. 97-80]; Commercial Availability 3072. A letter from the Legal Advisor to the Directors, Corporation of Public Broad- of Navigation Devices — received May 23, Chief, MB, Federal Communications Com- casting, transmitting the semiannual report 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the mission, transmitting the Commission’s Committee on Energy and Commerce. final rule — Amendment of Section 73.202(b), of the Office of the Inspector General for the 3064. A letter from the Legal Advisor to the Table of Allotments, FM Broadcast Stations. period ending March 31, 2005, pursuant to 5 Chief, MB, Federal Communications Com- (McCook, Maxwell, and Broken Bow, Ne- U.S.C. app. (Insp. Gen. Act) section 5(b); to mission, transmitting the Commission’s braska) [MB Docket No. 04-203, RM-10976] re- the Committee on Government Reform. 3083. A letter from the Acting General final rule — Amendment of Section 73.202(b), ceived June 20, 2005, pursuant to 5 U.S.C. Table of Allotments FM Broadcast Stations. 801(a)(1)(A); to the Committee on Energy and Counsel, Department of Commerce, trans- (Ferrysburg, Michigan) [MB Docket No. 02- Commerce. mitting a draft bill entitled ‘‘To Continue 74, RM-10401] received May 23, 2005, pursuant 3073. A letter from the Chief, Policy and the Secretary of Commerce’s Authority to to 5 U.S.C. 801(a)(1)(A); to the Committee on Rules Division, OET, Federal Communica- Conduct the Quarterly Financial Report Pro- Energy and Commerce. tions Commission, transmitting the Com- gram’’; to the Committee on Government 3065. A letter from the Legal Advisor to the mission’s final rule — Amendment of Parts 2, Reform. Bureau Chief, MB, Federal Communications 25, and 73 of the Commission’s Rules to Im- 3084. A letter from the Director, Office of Commission, transmitting the Commission’s plement Decisions from the World White House Liaison, Department of Edu- final rule — Amendment of Section 73.202(b) Radiocommunication Conference (Geneva, cation, transmitting a report pursuant to Table of Allotments, FM Broadcast Stations. 2003) (WRC-03) Concerning Frequency Bands the Federal Vacancies Reform Act of 1998; to (Dulac, Louisiana) [MB Docket No. 04-329, Between 5900 kHz and 27.5 GHz and to Other- the Committee on Government Reform. RM-11050]; (King City, California) [MB Dock- wise Update the Rules in this Frequency 3085. A letter from the Director, Office of et No. 04-332, RM-11054]; (Fallon Station, Ne- Range [ET Docket No. 04-139] received May White House Liaison, Department of Edu- vada) [MB Docket No. 04-333, RM-11055]; 23, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to cation, transmitting a report pursuant to (Coachella, California) [MB Docket No. 04- the Committee on Energy and Commerce. the Federal Vacancies Reform Act of 1998; to 334, RM11056]; (Cambria, California) [MB 3074. A letter from the Deputy Chief, CGB, the Committee on Government Reform. Docket No. 04-335, RM-11057]; (Carbon, Texas) Federal Communications Commission, trans- 3086. A letter from the Director, Office of [MB Docket No. 04-336, RM-11058]; mitting the Commission’s final rule — Rules White House Liaison, Department of Edu- (Northport, Alabama) [MB Docket No. 04-337, and Regulations Implementing Minimum cation, transmitting a report pursuant to RM-11059] Received May 23, 2005, pursuant to Customer Account Record Exchange Obliga- the Federal Vacancies Reform Act of 1998; to 5 U.S.C. 801(a)(1)(A); to the Committee on tions on All Local and Interexchange Car- the Committee on Government Reform. Energy and Commerce. riers [CG Docket No. 02-386] received May 23, 3087. A letter from the Direcor, Office of 3066. A letter from the Legal Advisor to the 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the White House Liaison, Department of Edu- Bureau Chief, MB, Federal Communications Committee on Energy and Commerce. cation, transmitting a report pursuant to Commission, transmitting the Commission’s 3075. A letter from the Secretary of the the Federal Vacancies Reform Act of 1998; to final rule — Amendment of Section 73.202(b), Commission, Federal Trade Commission, the Committee on Government Reform. Table of Allotments, FM Broadcast Stations. transmitting the Commission’s final rule — 3088. A letter from the Director, Office of (Evergreen, Alabama, and Shalimar, Florida) Rule Concerning Disclosures Regarding En- White House Liaison, Department of Edu- [MB Docket No. 04-219, RM-10986] received ergy Consumption and Water Use of Certain cation, transmitting a report pursuant to April 6, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Home Appliances and Other Products Re- the Federal Vacancies Reform Act of 1998; to to the Committee on Energy and Commerce. quired Under the Energy Policy and Con- the Committee on Government Reform. 3067. A letter from the Legal Advisor to the servation Act (‘‘Appliance Labeling Rule’’) 3089. A letter from the General Counsel, Bureau Chief, MB, Federal Communications —— received June 20, 2005, pursuant to 5 OFHEO, Department of Housing and Urban Commission, transmitting the Commission’s U.S.C. 801(a)(1)(A); to the Committee on En- Development, transmitting a report pursu- final rule — Amendment of Section 73.202(b) ergy and Commerce. ant to the Federal Vacancies Reform Act of Table of Allotments, FM Broadcast Stations. 3076. A letter from the Acting Assistant 1998; to the Committee on Government Re- (Cedarville, California) [MB Docket No. 04- Secretary for Legislative Affairs, Depart- form. 387, RM-11083] received May 23, 2005, pursuant ment of State, transmitting certification of 3090. A letter from the Presidential Ap- to 5 U.S.C. 801(a)(1)(A); to the Committee on a proposed Manufacturing License Agree- pointments Officer, Department of State, Energy and Commerce. ment with Austrailia (Transmittal No. DTC transmitting a report pursuant to the Fed- 3068. A letter from the Deputy Chief, CGB, 004-05), pursuant to 22 U.S.C. 2776(d); to the eral Vacancies Reform Act of 1998; to the Federal Communications Commission, trans- Committee on International Relations. Committee on Government Reform.

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\L22JY7.000 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6379 3091. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the 3125. A letter from the Commissioner, So- pointments Officer, Department of State, Committee on Government Reform. cial Security Administration, transmitting a transmitting a report pursuant to the Fed- 3109. A letter from the Presidential Ap- report entitled, ‘‘Report on Acquisitions eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, Made from Foreign Manufacturers for Fiscal Committee on Government Reform. transmitting a report pursuant to the Fed- Year 2004’’; to the Committee on Govern- 3092. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the ment Reform. pointments Officer, Department of State, Committee on Government Reform. 3126. A letter from the Librarian, Library transmitting a report pursuant to the Fed- 3110. A letter from the Presidential Ap- of Congress, transmitting a report on the de- eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, sign and construction progress on the Na- Committee on Government Reform. transmitting a report pursuant to the Fed- tional Audio-Visual Conservation Center in 3093. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the Culpeper, Virginia; to the Committee on pointments Officer, Department of State, Committee on Government Reform. House Administration. transmitting a report pursuant to the Fed- 3111. A letter from the Presidential Ap- 3127. A letter from the Director, Executive eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, Secretariat, Department of the Interior, Committee on Government Reform. transmitting a report pursuant to the Fed- transmitting the Department’s final rule — 3094. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the Deposit of Proceeds from Lands Withdrawn pointments Officer, Department of State, Committee on Government Reform. for Native Selection (RIN: 1076-AE74) re- transmitting a report pursuant to the Fed- 3112. A letter from the Presidential Ap- ceived July 23, 2005, pursuant to 5 U.S.C. eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, 801(a)(1)(A); to the Committee on Resources. Committee on Government Reform. transmitting a report pursuant to the Fed- 3128. A letter from the Program Manager, 3095. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the ATF, Department of Justice, transmitting pointments Officer, Department of State, Committee on Government Reform. the Department’s final rule — Identification transmitting a report pursuant to the Fed- 3113. A letter from the Presidential Ap- Markings Placed on Imported Explosive Ma- eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, terials and Miscellaneous Amendments Committee on Government Reform. transmitting a report pursuant to the Fed- (2000R-238P)[Docket No. ATF 5F; AG Order 3096. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the No. 2766-2005] (RIN: 1140-AA02) received June pointments Officer, Department of State, Committee on Government Reform. 1, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting a report pursuant to the Fed- 3114. A letter from the Presidential Ap- the Committee on the Judiciary. eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, 3129. A letter from the Deputy Assistant Committee on Government Reform. transmitting a report pursuant to the Fed- Administrator, Office of Diversion Control, 3097. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the Department of Justice, transmitting the De- pointments Officer, Department of State, Committee on Government Reform. partment’s final rule — Clarification of the transmitting a report pursuant to the Fed- 3115. A letter from the Presidential Ap- Exemption of Sales by Retail Distributors of eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, Pseudoephedrine and Phenylpropanolamine Committee on Government Reform. transmitting a report pursuant to the Fed- Products [Docket No. DEA-239T] received 3098. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the June 30, 2005, pursuant to 5 U.S.C. pointments Officer, Department of State, Committee on Government Reform. 801(a)(1)(A); to the Committee on the Judici- transmitting a report pursuant to the Fed- 3116. A letter from the Presidential Ap- ary. eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, 3130. A letter from the Under Secretary for Committee on Government Reform. transmitting a report pursuant to the Fed- Emergency Preparedness and Response, De- 3099. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the partment of Homeland Security, transmit- pointments Officer, Department of State, Committee on Government Reform. ting notification that funding under Title V, transmitting a report pursuant to the Fed- 3117. A letter from the Presidential Ap- subsection 503(b)(3) of the Robert T. Stafford eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, Disaster Relief and Emergency Assistance Committee on Government Reform. transmitting a report pursuant to the Fed- Act, as amended, has exceeded $5 million for 3100. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the the response to the emergency declared as a pointments Officer, Department of State, Committee on Government Reform. result of the record and/or near record snow transmitting a report pursuant to the Fed- 3118. A letter from the Presidential Ap- on January 22-23, 2005, in the State of Rhode eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, Island, pursuant to 42 U.S.C. 5193; to the Committee on Government Reform. transmitting a report pursuant to the Fed- Committee on Transportation and Infra- 3101. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the structure. pointments Officer, Department of State, Committee on Government Reform. 3131. A letter from the Under Secretary for transmitting a report pursuant to the Fed- 3119. A letter from the Presidential Ap- Emergency Preparedness and Response, De- eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, partment of Homeland Security, transmit- Committee on Government Reform. transmitting a report pursuant to the Fed- ting notification that funding under Title V, 3102. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the subsection 503(b)(3) of the Robert T. Stafford pointments Officer, Department of State, Committee on Government Reform. Disaster Relief and Emergency Assistance transmitting a report pursuant to the Fed- 3120. A letter from the Presidential Ap- Act, as amended, has exceeded $5 million for eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, the response to the emergency declared as a Committee on Government Reform. transmitting a report pursuant to the Fed- result of the record and/or near record snow 3103. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the on January 22-23, 2005, in the State of Con- pointments Officer, Department of State, Committee on Government Reform. necticut, pursuant to 42 U.S.C. 5193; to the transmitting a report pursuant to the Fed- 3121. A letter from the Presidential Ap- Committee on Transportation and Infra- eral Vacancies Reform Act of 1998; to the pointments Officer, Department of State, structure. Committee on Government Reform. transmitting a report pursuant to the Fed- 3132. A letter from the Program Analyst, 3104. A letter from the Presidential Ap- eral Vacancies Reform Act of 1998; to the FAA, Department of Transportation, trans- pointments Officer, Department of State, Committee on Government Reform. mitting the Department’s final rule — Secu- transmitting a report pursuant to the Fed- 3122. A letter from the Administrator, En- rity Considerations on the Flightdeck of eral Vacancies Reform Act of 1998; to the vironmental Protection Agency, transmit- Transport Category Airplanes [Docket Nos. Committee on Government Reform. ting the semiannual report on activities of 2002-11302; 2002-12504, and 2003-15653] (RIN: 3105. A letter from the Presidential Ap- the Inspector General for the period October 2120-AI54, -AH70, -and AH96) received May 18, pointments Officer, Department of State, 1, 2004, through March 31, 2005, pursuant to 5 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting a report pursuant to the Fed- U.S.C. app. (Insp. Gen. Act) section 5(b); to Committee on Transportation and Infra- eral Vacancies Reform Act of 1998; to the the Committee on Government Reform. structure. Committee on Government Reform. 3123. A letter from the CEO & Managing 3133. A letter from the FHWA Regulations 3106. A letter from the Presidential Ap- Director, Federal Home Loan Banks, trans- Officer, Department of Transportation, pointments Officer, Department of State, mitting the 2004 management reports and transmitting the Department’s final rule — transmitting a report pursuant to the Fed- statements on system of internal controls of Environmental Impact and Related Proce- eral Vacancies Reform Act of 1998; to the 9 Federal Home Loan Banks (FHLBanks), dures (RIN: 2132-AA78) Receieved May 13, Committee on Government Reform. Resolution Funding Corporation (REFCORP) 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3107. A letter from the Presidential Ap- and the Financing Corporation (FICO), pur- Committee on Transportation and Infra- pointments Officer, Department of State, suant to 31 U.S.C. 9106; to the Committee on structure. transmitting a report pursuant to the Fed- Government Reform. 3134. A letter from the Administrator, En- eral Vacancies Reform Act of 1998; to the 3124. A letter from the Chief Financial Offi- vironmental Protection Agency, transmit- Committee on Government Reform. cer, Smithsonian Institution, transmitting a ting the Agency’s third report on the Drink- 3108. A letter from the Presidential Ap- copy of the Institution’s audited financial ing Water Infrastructure Needs Survey and pointments Officer, Department of State, statement for fiscal year 2004; to the Com- Assesment for 2003; to the Committee on transmitting a report pursuant to the Fed- mittee on Government Reform. Transportation and Infrastructure.

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\L22JY7.000 H22JYPT1 H6380 CONGRESSIONAL RECORD — HOUSE July 22, 2005 3135. A letter from the Administrator, Gen- 3145. A letter from the Special Inspector any State or locality that uses the power of eral Services Administration, transmitting General for Iraq Reconstruction, transmit- eminent domain power to obtain property for an informational copy of the General Serv- ting the Quarterly Report pursuant to Sec- private commercial development or that ices Administration’s Fiscal Year 2006 Cap- tion 3001(i) of Title III of the 2004 Emergency fails to pay relocation costs to persons dis- ital Investment and Leasing Program report, Supplemental Appropriations for Defense placed by use of the power of eminent do- pursuant to 19 U.S.C. 2213(b); to the Com- and for the Reconstruction of Iraq and Af- main for economic development purposes; to mittee on Transportation and Infrastruc- ghanistan (Pub. L. 108–106) as amended by the Committee on Agriculture, and in addi- ture. Pub. L. 108-375; jointly to the Committees on tion to the Committees on Transportation 3136. A letter from the Administrator, Gen- International Relations and Appropriations. and Infrastructure, Financial Services, Re- eral Services Adminsitration, transmitting 3146. A letter from the Administrator, Na- sources, and Education and the Workforce, informational copies of prospectuses that tional Aeronautics and Space Administra- for a period to be subsequently determined support the General Services Administra- tion, transmitting the Administration’s pro- by the Speaker, in each case for consider- tion’s Fiscal Year 2006 Program; to the Com- posed legislation entitled, ‘‘To authorize ap- ation of such provisions as fall within the ju- mittee on Transportation and Infrastruc- propriations to the National Aeronautics and risdiction of the committee concerned. ture. Space Administration for science, aero- By Ms. DELAURO (for herself, Mr. DIN- 3137. A letter from the Executive Vice nautics and exploration; space flight capa- GELL, Ms. SOLIS, Mr. KILDEE, Mr. President, Tennessee Valley Authority, bilities; and Inspector General,and for other BRADY of Pennsylvania, Mr. SAND- transmitting a copy of the Authority’s sta- purposes’’; jointly to the Committees on ERS, and Mr. CONYERS): tistical summary for Fiscal Year 2004, pursu- Science, Government Reform, and Small H.R. 3406. A bill to protect United States ant to 16 U.S.C. 831h(a); to the Committee on Business. workers from competition of foreign Transportation and Infrastructure. 3147. A letter from the Secretary, Depart- workforces for performance of Federal and 3138. A letter from the Acting Assistant ment of Transportation, transmitting a pro- State contracts; to the Committee on Gov- Secretary for Legislative Affairs, Depart- posed bill entitled, ‘‘To amend and enhance ernment Reform. ment of State, transmitting a semi-annual certain maritime programs of the Depart- By Mr. EMANUEL (for himself, Mr. report concerning emigration laws and poli- ment of Transportation, and for other pur- FILNER, Mr. BURTON of Indiana, Ms. cies of Azerbaijan, Kazakhstan, Moldova, the poses’’; jointly to the Committees on Armed CARSON, Ms. SCHWARTZ of Pennsyl- Russian Federation, Tajikistan, Ukraine, Services, Transportation and Infrastructure, vania, Mr. BISHOP of New York, Mr. and Uzbekistan, as required by Sections 402 Government Reform, and Ways and Means. LANTOS, Mr. BOSWELL, Mr. UDALL of and 409 of the 1974 Trade Act, as amended, f Colorado, Mr. MCHUGH, and Mr. pursuant to 19 U.S.C. 2432(c) and (d); to the OWENS): Committee on Ways and Means. REPORTS OF COMMITTEES ON H.R. 3407. A bill to provide grants to States 3139. A letter from the Chief, Regulations PUBLIC BILLS AND RESOLUTIONS and local governments to assess the effec- Branch, Department of Homeland Security, Under clause 2 of rule XIII, reports of tiveness of sexual predator electronic moni- transmitting the Department’s final rule — toring programs; to the Committee on the Tariff Treatment Related to Disassembly committees were delivered to the Clerk Judiciary. Operations Under the North American Free for printing and reference to the proper By Mr. GOODLATTE (for himself and Trade Agreement [CBP Dec. 05-24] (RIN: 1505- calendar, as follows: Mr. PETERSON of Minnesota): AB41) received June 27, 2005, pursuant to 5 Mr. NEY: Committee on House Adminis- H.R. 3408. A bill to reauthorize the Live- U.S.C. 801(a)(1)(A); to the Committee on tration. H.R. 513. A bill to amend the Federal stock Mandatory Reporting Act of 1999 and Ways and Means. Election Campaign Act of 1971 to clarify to amend the swine reporting provisions of 3140. A letter from the Chairman and Vice when organizations described in section 527 that Act; to the Committee on Agriculture. Chairman, U.S.-China Commission, trans- of the Internal Revenue Code of 1986 must By Mr. HOSTETTLER (for himself, Mr. mitting a copy of the Trade Lawyers Advi- register as political committees, and for BURTON of Indiana, Mrs. CUBIN, Mr. sory Group’s report entitled, ‘‘The Impor- other purposes; with an amendment (Rept. CANNON, Mr. TANCREDO, Mr. PENCE, tance of Trade Remedies to the U.S. Trade 109–181). Referred to the Committee of the Mr. FLAKE, Mr. BARTLETT of Mary- Relationship with China’’; to the Committee Whole House on the State of the Union. land, Mr. WILSON of South Carolina, on Ways and Means. Mrs. JO ANN DAVIS of Virginia, and f 3141. A letter from the Deputy Secretry Mr. GARRETT of New Jersey): Under Secretary for Personnel and Readi- PUBLIC BILLS AND RESOLUTIONS H.R. 3409. A bill to amend the Internal Rev- ness, Department of Veterns Affairs Depart- Under clause 2 of rule XII, public enue Code of 1986 to repeal the withholding ment of Defense, transmitting a report for of income and social security taxes; to the Fiscal Year 2004 regarding the activities and bills and resolutions were introduced Committee on Ways and Means. accomplishments of the Department of Vet- and severally referred, as follows: By Mr. HOSTETTLER (for himself, Mr. erans Affairs and the Department of Defense By Mr. SENSENBRENNER (for him- PAUL, Mr. BURTON of Indiana, Mr. Joint Executive Committee, pursuant to self, Mr. CONYERS, Ms. GINNY BROWN- PENCE, Ms. FOXX, Mr. BARTLETT of Public Law 108–136 section 583; jointly to the WAITE of Florida, Mr. GREEN of Wis- Maryland, Mr. SOUDER, and Mr. Committees on Armed Services and Vet- consin, Mr. SCHIFF, Mr. WEINER, and BUYER): erans’ Affairs. Mr. COBLE): H.R. 3410. A bill to amend the Internal Rev- 3142. A letter from the Secretary, Depart- H.R. 3402. A bill to authorize appropria- enue Code of 1986 to provide a religious ex- ment of Energy, transmitting the Depart- tions for the Department of Justice for fiscal emption from providing identifying numbers ment’s report on the Defense Nuclear Facili- years 2006 through 2009, and for other pur- for dependents to claim certain credits and ties Safety Board’s recommendation 2004-2, poses; to the Committee on the Judiciary. deductions on a tax return; to the Com- Active Confinement Systems, pursuant to 42 By Mr. ISTOOK (for himself, Mr. PAUL, mittee on Ways and Means. U.S.C. 2286d(e); jointly to the Committees on and Mr. RYUN of Kansas): By Mrs. MALONEY (for herself, Mr. Energy and Commerce and Armed Services. H.R. 3403. A bill to amend the National GUTIERREZ, Mr. WAXMAN, Mr. MCNUL- 3143. A letter from the Secretary, Depart- Labor Relations Act to provide for inflation TY, Mr. SANDERS, Mrs. CHRISTENSEN, ment of Health and Human Services, trans- adjustments to the mandatory jurisdiction Ms. JACKSON-LEE of Texas, Mr. ABER- mitting a report on the appropriateness of a thresholds of the National Labor Relations CROMBIE, and Ms. WOOLSEY): Demonstration project to test the feasibility Board; to the Committee on Education and H.R. 3411. A bill to amend the Public of using Preferred Provider Organization the Workforce. Health Service Act to establish a program of (PPO) networks to reduce the costs of ac- By Mr. ANDREWS: research regarding the risks posed by the quiring eyeglasses for Medicare beneficiaries H.R. 3404. A bill to authorize the grant pro- presence of dioxin, synthetic fibers, and following cataract surgery, pursuant to Pub- gram for elimination of the nationwide back- other additives in feminine hygiene prod- lic Law 108–173 section 645(b); jointly to the log in analyses of DNA samples at the level ucts, and to establish a program for the col- Committees on Energy and Commerce and necessary to completely eliminate the back- lection and analysis of data on toxic shock Ways and Means. log and obtain a DNA sample from every per- syndrome; to the Committee on Energy and 3144. A letter from the Secretary, son convicted of a qualifying offense; to the Commerce. Depatment of Health and Human Services, Committee on the Judiciary. By Mr. NEY (for himself, Mr. STRICK- transmitting a report entitled, ‘‘A Study on By Mr. BONILLA (for himself, Ms. LAND, Mr. BUTTERFIELD, and Mr. CAN- How to Make Prescription Pharmaceutical HERSETH, Mr. GOODLATTE, Ms. WA- TOR): Information, Including Drug Labels and TERS, Mr. POMBO, Mr. SMITH of Texas, H.R. 3412. A bill to authorize and request Usage Instructions, Accessible for Blind and Mr. DEFAZIO, Mr. OTTER, Mrs. DRAKE, the President to issue a posthumous commis- Visually Impaired Individuals’’ pursuant to Mr. BOYD, Mr. CALVERT, Mr. PEARCE, sion in the regular Army to Milton Holland, section 107(f) of the Medicare Prescription Mr. KUCINICH, Mr. DUNCAN, Mr. who, while sergeant major of the 5th Regi- Drug, Improvement, and Modernization Act THORNBERRY, Mr. NEUGEBAUER, and ment, United States Colored Infantry, was of 2003, Pub. L. 108–173; jointly to the Com- Mr. MCKEON): awarded the Medal of Honor for gallantry mittees on Energy and Commerce and Ways H.R. 3405. A bill to prohibit the provision of during the Civil War; to the Committee on and Means. Federal economic development assistance for Armed Services.

VerDate Aug 04 2004 00:59 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\L22JY7.000 H22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — HOUSE H6381

By Mr. LEWIS of Georgia (for himself, PLATTS, Mr. LEACH, Mr. SMITH of New Jer- North Carolina, Mr. THOMAS, Mr. UDALL of Mr. CONYERS, Mr. SENSENBRENNER, sey, Mr. WALSH, and Mr. BONILLA. New Mexico, Ms. WATSON, Mr. WATT, Mr. Mr. CHABOT, and Mr. NADLER): H.R. 1409: Ms. KILPATRICK of Michigan and WELLER, Mr. WICKER, Mr. WILSON of South H. Con. Res. 216. Concurrent resolution ex- Mr. WEINER. Carolina, Mr. WOLF, and Mr. WU. pressing the sense of the Congress that, as H.R. 1517: Ms. FOXX. H.R. 3142: Mr. PAUL. Congress observes the 40th anniversary of H.R. 1526: Ms. NORTON, Mr. SERRANO, and H.R. 3143: Mr. LEWIS of Kentucky. the Voting Rights Act of 1965 and encourages Mr. SALAZAR. H.R. 3161: Mr. LARSON of Connecticut. all Americans to do the same, it will advance H.R. 1634: Mr. MCHUGH and Mr. BRADLEY of H.R. 3171: Mr. MILLER of North Carolina, the legacy of the Voting Rights Act of 1965 New Hampshire. by ensuring the continued effectiveness of Mr. TIERNEY, Mr. DOGGETT, Mr. CLEAVER, Mr. H.R. 1652: Mr. BISHOP of New York, Ms. the Act to protect the voting rights of all BAIRD, and Mr. ALLEN. CORRINE BROWN of Florida, Mr. SIMMONS, Ms. Americans; to the Committee on the Judici- H.R. 3173: Mr. WAXMAN, Mr. HINCHEY, and PELOSI, and Mr. GONZALEZ. ary. Mr. CUMMINGS. H.R. 1696: Mr. MARSHALL. By Mr. SOUDER (for himself, Mr. H.R. 3187: Mr. HINOJOSA and Mr. INSLEE. H.R. 1709: Ms. EDDIE BERNICE JOHNSON of FEENEY, Mr. FLAKE, and Mr. TERRY): H.R. 3205: Mr. BURGESS, Mr. NORWOOD, Mr. Texas, Mr. PASTOR, and Ms. PELOSI. H. Con. Res. 217. Concurrent resolution ex- WALDEN of Oregon, Mr. UPTON, and Mrs. pressing the sense of the Congress that the H.R. 1719: Mr. MOORE of Kansas. BONO. President should seek to enter into a free H.R. 1748: Mr. CULBERSON. H.R. 3253: Mr. PRICE of North Carolina and trade agreement with the United Kingdom; H.R. 1749: Mr. MCCAUL of Texas and Ms. Ms. EDDIE BERNICE JOHNSON of Texas. to the Committee on Ways and Means. HERSETH. H.R. 3255: Mr. MCINTYRE and Mr. SPRATT. By Mr. UPTON (for himself and Mr. H.R. 1789: Mr. OWENS. H.R. 3260: Ms. MCKINNEY, MR. KUCINICH, MARKEY): H.R. 1790: Mr. HYDE and Mr. CALVERT. Mr. DEFAZIO, Mr. WYNN, Ms. SCHAKOWSKY, H. Res. 376. A resolution expressing the H.R. 1898: Mr. CROWLEY. Mr. SANDERS, Ms. MCCOLLUM of Minnesota, sense of the House of Representatives that H.R. 2047: Mr. JINDAL. Mr. STARK, and Mr. VISCLOSKY. the Federal Trade Commission should inves- H.R. 2068: Mr. SOUDER, Mr. BOUCHER, Ms. H.R. 3268: Mr. DUNCAN. tigate the publication of the video game PRYCE of Ohio, and Mr. UPTON. H.R. 3302: Ms. SCHAKOWSKY. ‘‘Grand Theft Auto: San Andreas‘‘ to deter- H.R. 2108: Ms. EDDIE BERNICE JOHNSON of H.R. 3322: Mr. STARK. mine if the publisher intentionally deceived Texas. H.R. 3326: Ms. MCCOLLUM of Minnesota, Ms. the Entertainment Software Ratings Board H.R. 2177: Mr. CAPUANO. HARMAN, Mr. BISHOP of New York, Mr. SABO, to avoid an ‘‘Adults-Only’’ rating; to the EEKS of New York. and Mr. SIMMONS. Committee on Energy and Commerce. H.R. 2207: Mr. M H.R. 2238: Mr. MACK. H.R. 3337: Mr. WELDON of Pennsylvania and By Mr. ENGLISH of Pennsylvania: H.R. 2343: Mr. ROSS. Mr. GRIJALVA. H. Res. 377. A resolution expressing the H.R. 3352: Mr. UDALL of Colorado. sense of the House of Representatives that H.R. 2427: Mr. BOOZMAN. the Government of the People’s Republic of H.R. 2471: Mr. OXLEY. H.R. 3361: Mr. MCNULTY. China should adhere to internationally rec- H.R. 2521: Mr. KUCINICH, Mr. MCHUGH, and H.R. 3373: Mr. GARRETT of New Jersey, Mr. ognized health standards by prohibiting the Mr. CUMMINGS. VISCLOSKY, Mr. SWEENEY, and Ms. BERKLEY. use of antiviral medication to protect their H.R. 2553: Ms. PELOSI and Mr. MILLER of H.R. 3385: Mr. JINDAL. livestock, and for other purposes; to the North Carolina. H.R. 3401: Mr. GOODE. Committee on International Relations. H.R. 2694: Mr. STUPAK. H. Con. Res. 172: Mr. HOLDEN. f H.R. 2746: Mr. HINCHEY, Mr. CROWLEY, and H. Con. Res. 195: Mr. CARNAHAN. Mr. HINOJOSA. ADDITIONAL SPONSORS H. Con. Res. 206: Ms. CARSON, Mr. SNYDER, H.R. 2835: Mr. OLVER. Ms. BALDWIN, Mr. BERRY, Mr. GONZALEZ, Mr. Under clause 7 of rule XII, sponsors H.R. 2869: Mr. ROSS and Mr. PASTOR. GUTIERREZ, Mr. ISRAEL, Mr. MORAN of Vir- were added to public bills and resolu- H.R. 2872: Mr. GORDON, Ms. DELAURO, Mr. ginia, Mr. PAUL, Mr. RUPPERSBERGER, Mr. tions as follows: SESSIONS, Mr. TANNER, Mr. ALEXANDER, Mr. SABO, Mr. CLAY, Mrs. EMERSON, Mr. EVANS, Mr. FRANK of Massachusetts, Mr. KILDEE, H.R. 49: Ms. SCHWARTZ of Pennsylvania and MEEKS of New York, and Mr. BISHOP of Geor- Mr. LAHOOD, Mrs. LOWEY, Ms. MATSUI, Mr. Mr. LANTOS. gia. MCGOVERN, Ms. MCKINNEY, Mr. MEEKS of H.R. 97: Mr. KIRK. H.R. 2892: Ms. ESHOO, Mr. MCGOVERN, Mr. MILLER of North Carolina, and Mr. INSLEE. New York, and Mr. VAN HOLLEN. H.R. 115: Ms. EDDIE BERNICE JOHNSON of H. Res. 31: Mr. ISSA. Texas. H.R. 2945: Mr. CLYBURN. H. Res. 61: Ms. ROYBAL-ALLARD, Ms. KIL- H.R. 239: Mr. BURTON of Indiana. H.R. 2947: Mr. SNYDER, Mr. GRAVES, Mr. NADLER, Ms. NORTON, Mr. AL GREEN of PATRICK of Michigan, and Ms. NORTON. H.R. 282: Ms. JACKSON-LEE of Texas. Texas, Mr. GRIJALVA, and Mr. BLUMENAUER. H. Res. 299: Mr. RAHALL. H.R. 305: Mr. HOLT. H.R. 2963: Ms. HARRIS, Mr. SANDERS, and H. Res. 317: Ms. MOORE of Wisconsin. H.R. 356: Mr. NORWOOD and Mr. ADERHOLT. Mr. GUTIERREZ. H. Res. 329: Mr. SABO. H.R. 460: Mr. GERLACH. H.R. 3005: Mr. DELAY, Mr. ABERCROMBIE, H. Res. 357: Ms. HART, Mr. UPTON, and Mr. H.R. 515: Mr. BOYD. Mr. ANDREWS, Mr. BILIRAKIS, Mr. BOOZMAN, KIRK. H.R. 552: Mr. TAYLOR of North Carolina, Mr. BOSWELL, Mr. CANNON, Mr. CANTOR, Mrs. H. Res. 360: Mr. CALVERT. Mr. FEENEY, and Mr. NORWOOD. CAPPS, Mr. CAPUANO, Mr. CARDIN, Mr. H. Res. 363: Mr. DELAHUNT, Ms. KILPATRICK H.R. 562: Mr. PALLONE. CARNAHAN, Ms. CARSON, Mr. CASE, Mr. of Michigan, Mr. MCNULTY, Mr. OLVER, Mr. H.R. 613: Mr. CONYERS. CHABOT, Mr. CONYERS, Mr. COSTELLO, Mr. ACKERMAN, Mr. VISCLOSKY, Mr. NADLER, Mr. H.R. 615: Mr. BUTTERFIELD. COX, Mr. CUMMINGS, Mr. DAVIS of Illinois, FARR, Mr. UDALL of Colorado, Mr. THOMPSON Mr. DEFAZIO, Mr. LINCOLN DIAZ-BALART of H.R. 658: Mr. FITZPATRICK of Pennsylvania. of California, and Mr. NEAL of Massachu- Florida, Mr. DOOLITTLE, Mr. DREIER, Mr. H.R. 699: Mr. CANTOR, Mr. ROHRABACHER, setts. EHLERS, Mr. EMANUEL, Mrs. EMERSON, Mr. and Mr. ROTHMAN. H. Res. 368: Ms. JACKSON-LEE of Texas, Ms. ENGEL, Mr. ENGLISH of Pennsylvania, Ms. H.R. 851: Mr. SMITH of Washington. ROS-LEHTINEN, Mr. BURTON of Indiana, Mr. ESHOO, Mr. FORBES, Mr. FORD, Mr. FRANK of ENGEL, Mr. CROWLEY, Mr. ROTHMAN, Mrs. H.R. 859: Mr. KANJORSKI. Massachusetts, Mr. GILCHREST, Mr. GILLMOR, MALONEY, Mr. MCNULTY, Mr. HOLDEN, Mr. H.R. 923: Mr. OTTER. Mr. GORDON, Mr. GREEN of Wisconsin, Mr. BISHOP of Georgia, Ms. MATSUI, Mr. NADLER, H.R. 949: Mr. LANTOS. GUTKNECHT, Ms. HARRIS, Mr. HOLT, Mr. Mr. WEXLER, Mr. SHERMAN, Mr. MCCOTTER, H.R. 986: Mr. LAHOOD. HONDA, Mr. HUNTER, Mr. ISRAEL, Mr. JACK- Mr. WILSON of South Carolina, Mr. LANTOS, SON of Illinois, Ms. KAPTUR, Mr. KING of New H.R. 1100: Mr. WELDON of Florida. Mr. SAXTON, Mr. GREEN of Wisconsin, Ms. York, Ms. LEE, Mr. LEVIN, Mr. LEWIS of Cali- H.R. 1116: Mr. MOORE of Kansas, and Ms. WASSERMAN SCHULTZ, Mr. KING of Iowa, Mr. fornia, Mr. LEWIS of Georgia, Ms. ZOE EDDIE BERNICE JOHNSON of Texas. AKIN, Mr. PENCE, Ms. LINDA T. SA´ NCHEZ of LOFGREN of California, Mrs. LOWEY, Mrs. H.R. 1131: Ms. DELAURO, Mr. FOSSELLA, Mr. California, Mr. ETHERIDGE, Mr. AL GREEN of MALONEY, Mr. MARKEY, Mr. MATHESON, Ms. Texas, Mr. BACA, Mr. FOLEY, Mr. GRAVES, JOHNSON of Illinois, Mr. CONYERS, Mr. MATSUI, Mr. McGovern, Mr. MCHUGH, Mr. WALSH, Mr. MCNULTY, Mr. JENKINS, Mr. Mr. ACKERMAN, Mr. FEENEY, Mr. SULLIVAN, MEEHAN, Mr. MELANCON, Mr. MICA, Mrs. MIL- Ms. BERKLEY, Mr. HENSARLING, Mr. BROWN of BOEHLERT, Mr. GREEN of Wisconsin, and Mr. LER of Michigan, Mr. GEORGE MILLER of Cali- SCHWARZ of Michigan. South Carolina, Ms. HARRIS, Mr. JOHNSON of fornia, Mr. MOORE of Kansas, Mr. NADLER, Illinois, and Mrs. TAUSCHER. H.R. 1153: Mr. GUTIERREZ and Ms. BEAN. Mrs. NAPOLITANO, Mr. NEAL of Massachu- H. Res. 371: Mr. SAM JOHNSON of Texas. H.R. 1163: Mr. SHADEGG. setts, Mr. OBERSTAR, Mr. OLVER, Mr. OXLEY, H. Res. 375: Ms. WATERS. H.R. 1217: Mr. NADLER. Mr. PALLONE, Mr. PETRI, Mr. PITTS, Mr. H.R. 1227: Mr. HOLDEN and Mr. POMBO, Mr. POMEROY, Ms. PRYCE of Ohio, Mr. f LATOURETTE. RANGEL, Mr. REGULA, Mr. REYNOLDS, Mr. ROSS, Ms. ROYBAL-ALLARD, Mr. RUSH, Ms. DISCHARGE PETITIONS— H.R. 1246: Mr. GEORGE MILLER of Cali- fornia. LORETTA SANCHEZ of California, Ms. ADDITIONS OR DELETIONS SCHAKOWSKY, Mr. SCHIFF, Mr. SCHWARZ of H.R. 1312: Mr. LARSON of Connecticut. The following Members added their Michigan, Mr. SCOTT of Virginia, Mr. SHER- names to the following discharge peti- H.R. 1355: Mr. HAYES. MAN, Mr. SIMMONS, Mr. SKELTON, Ms. H.R. 1401: Mr. LANTOS. SLAUGHTER, Mr. SNYDER, Ms. SOLIS, Mr. tions: H.R. 1402: Mr. BACHUS, Mr. KELLER, Mr. SPRATT, Mr. STUPAK, Mr. TANCREDO, Mr. Petition 2 by Mr. Marshall on House Reso- KING of New York, Mr. KIRK, Mr. KOLBE, Mr. TANNER, Mrs. TAUSCHER, Mr. TAYLOR of lution 270: James L. Oberstar.

VerDate Aug 04 2004 02:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 8472 E:\CR\FM\L22JY7.100 H22JYPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, FRIDAY, JULY 22, 2005 No. 101 Senate The Senate met at 10:01 a.m. and was I pledge allegiance to the Flag of the calls will occur today, the managers called to order by the Honorable LISA United States of America, and to the Repub- will be able to accept amendments MURKOWSKI, a Senator from the State lic for which it stands, one nation under God, which have been cleared on both sides of Alaska. indivisible, with liberty and justice for all. of the aisle. The PRESIDING OFFICER. Today’s f We will file a cloture motion today, prayer will be offered by our guest APPOINTMENT OF ACTING which will be ready for a vote on Tues- Chaplain, Dr. Percell Church, Jr., of PRESIDENT PRO TEMPORE day. This will allow us to finish the bill the Zion United Methodist Church in next week. If we invoke cloture, Sen- North Las Vegas, NV. The PRESIDING OFFICER. The ators will still be able to offer their clerk will please read a communication amendments, and we would still be en- PRAYER to the Senate from the President pro sured we could proceed to passage tempore (Mr. STEVENS). The guest Chaplain offered the fol- sometime before the August recess. The assistant legislative clerk read lowing prayer: As the majority leader has repeated, the following letter: May we bow with humility in prayer. we have a number of items to consider Eternal and Everlasting God, we ap- U.S. SENATE, over these last days prior to our depar- PRESIDENT PRO TEMPORE, ture for the month of August. I will say proach You today with reverence, sin- Washington, DC, July 22, 2005. cerity, and hope, knowing that You are To the Senate: more on next week’s schedule at clos- our source and strength in this world. Under the provisions of rule I, paragraph 3, ing, but Senators should be ready for a Your sovereign hand continues to cre- of the Standing Rules of the Senate, I hereby long week next week. I do not believe ate opportunity while the almighty appoint the Honorable LISA MURKOWSKI, a anyone should be preparing for any wind of Your spirit propels us into our Senator from the State of Alaska, to perform early departures, and that includes destiny. It is You who has made us in the duties of the Chair. next Friday. Your image and for Your pleasure, and TED STEVENS, I remind our colleagues we will be President pro tempore. for that alone we are grateful and voting Monday evening. We have not thankful. Ms. MURKOWSKI thereupon assumed yet set any votes at that time. How- We acknowledge and center ourselves the Chair as Acting President pro tem- ever, we do expect a vote or votes to in this time of prayer that though we pore. occur on Monday. are living in the heat of calamity, You f I yield the floor. are the calm that cools, cares, and con- RESERVATION OF LEADER TIME f structs a divine citadel. It is through RECOGNITION OF THE MINORITY the sagacity of Your spirit we are ush- The ACTING PRESIDENT pro tem- LEADER ered into a place where we experience pore. Under the previous order, the the forgiving nature of a true and lov- leadership time is reserved. The ACTING PRESIDENT pro tem- ing Lord. And yet, with intentionality f pore. The Senator from Nevada is rec- and precision, You cause those things ognized. RECOGNITION OF THE ACTING which have made us stumble to some- MAJORITY LEADER f how sustain, support, and strengthen WELCOMING OUR GUEST our faith in You. The ACTING PRESIDENT pro tem- CHAPLAIN Lord God, we ask a special blessing pore. The Senator from Kentucky is for our Senators. You have ordained recognized. Mr. REID. Madam President, it is a this group of ‘‘servants of the people’’ f pleasure for me to be here this morning to lead our Nation and bless our world. to recognize Dr. Percell Church. As has SCHEDULE As they live out the course of their been indicated by the Chair, he is the tenure, please continue to bless their Mr. MCCONNELL. Madam President, leader of the Zion United Methodist families and respectful constituencies. this morning, we will resume debate on Church in Las Vegas. It is in Your Name, power, and glory the Defense authorization bill. Chair- When he came to Las Vegas a short we pray. Amen. man WARNER is here, and Senator time ago, in relative terms, he had f LEVIN just walked into the Chamber. some very big shoes to fill. The Zion He is here as well. They will be here to United Methodist Church had been op- PLEDGE OF ALLEGIANCE manage the bill this morning. Senators erated, pastored, by one of Nevada’s The Honorable LISA MURKOWSKI led are expected to come over and offer very famous residents, Marion Bennett, the Pledge of Allegiance, as follows: several amendments. Although no roll- who had served with great distinction

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

S8715

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VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.000 S22JYPT1 S8716 CONGRESSIONAL RECORD — SENATE July 22, 2005 in the Nevada State legislature and led here? After 1 day of debate we are get- Senate on this bill? Two billion dollars this very large church. ting off to do gun liability? We can do a week. So when Dr. Church came to run the that in September when we come back I wonder if there should be a little church, we were all anticipating the here, or finish this bill. debate here on a Defense authorization tremendously large shoes he had to fill. I want the American public to know bill about what is going on in Iraq. And it is easy for me to say that he has what is happening. My dear friend, the What about the fact that we need to done it with distinction, honor, and senior Senator from Virginia, got up spend a little time talking about the class. yesterday and, in his gentlemanly way, spread of weapons of mass destruction? Dr. Church is a native of New Orle- said: Well, it is my fault. It is not his A report was issued on Tuesday, led by ans, LA, where he earned a bachelor of fault. Let’s be realistic about it. He former Defense Secretary Perry, that science degree from Southern Univer- does not determine when cloture mo- we have a lot of loose nukes, that the sity. He later earned his master of di- tions are filed. It is done by the Repub- real problem we have in this country, vinity from Gammon Theological Sem- lican leadership in this Senate. To as far as our security goes, is what to inary in Atlanta, GA, and received his think we are moving off of this bill do about these loose nukes. I think doctor of ministry from Oxford Univer- after 1 full day of debate, and cloture is that deserves a little bit of time. sity. filed, should be an embarrassment to Should we spend a little bit of time ad- Serving in the ministry for more this leadership that is leading this Sen- dressing the detainee abuse scandal? I than 20 years, this young man, Dr. ate. think that would be a good idea. We Church, has been a guest speaker at I attended a funeral on the Saturday can’t do this unless we have time to de- countless churches around the world. I came back here a couple weeks ago in bate issues and have some votes. The He has ministered in India, Nigeria, the Boulder City, NV. A 21-year-old man Defense authorization bill in years past Bahamas. was killed in service to our country. He hasn’t taken days; it has taken weeks He is leading the revival and growth was a Navy SEAL named Shane Pat- to complete. No one is trying to slow of the Zion United Methodist Church. ton. The SEALs are a very small, elite up things. I support gun manufacturers He hosts a daycare center servicing group. His commander there at that fu- liability legislation. JACK REED who working parents in the Las Vegas area. neral cried because he had lost one of doesn’t like it, but I have kept him ad- He has established a remarkable youth his men. I think we owe more to Shane vised every step of the way. I support ministry, the purpose of which is to get and his family—his father was also a that legislation, but not at the expense young adults involved in the church frogman, as they are called, Jim Pat- of Shane Patton. and the community. That has been suc- ton. If cloture is not invoked, does that cessful. The distinguished ranking member mean the leader, who has the right to He is also a loving husband to his will today go over how much time we pull this bill off the floor, will pull it wife Angela, and a loving father to his have spent on these Defense bills in off and go to gun liability and forget three sons, Daniel, Ephraim, and Im- years past. I guarantee you, it has been the promise he made to the Hawaiian manuel. They are with us today. more than 1 day of full debate. People Senators, a promise that he made that I commend Dr. Church for his leader- are going to say: Well, we are here on we would do native Hawaiian legisla- ship and wish him well in his ministry Friday. tion? and his continued service to humanity. We don’t dispose of anything here The move that is taking place in the What a great addition to the State of today. We will offer some amendments. Senate regarding the defense of our Nevada has been Dr. Percell Church. I We will have no votes. We will vote country is unprecedented. The Armed am proud to be able to say he is my late Monday, a few hours before cloture Services Committee keeps records back friend, and I look forward to his con- will be voted on. to 1987. These records are thorough and tinued spiritual guidance to the people Madam President, I don’t know if I highly accurate. During that period, of Zion United Methodist Church and can deliver, but I am going to try. I am approximately the last 18 years, no ma- the people of the State of Nevada. going to try to deliver my Democratic jority leader has filed cloture on the f Senators to oppose cloture. See, I have Defense authorization bill after so lit- been around here a little bit. I under- tle time and so little action. Doing so DEFENSE AUTHORIZATION stand the games that are being played. now during a time of war, when more Mr. REID. Madam President, chang- The Republican leader wants to blame than 200,000 of our troops are in harm’s ing direction here a little bit, I say to us for not having the Defense bill go way looking for our support, would be Dr. Church, and others, I want to take forward. Well, I want the record to be as disturbing as it is unprecedented. up where we left off last night. I have spread, it is not us. It is them. I am As it stands now, if the majority thought about what status we are in going to do everything within my leader proceeds with this motion, it is here today. It is so disheartening to power to stop cloture from being in- entirely possible that the Senate will me. We took up this bill, this very im- voked on this bill. We deserve better vote to cut off debate on this legisla- portant Defense authorization bill, than this. Shane Patton deserves more tion before we will have a single vote Wednesday, very late in the day. State- than this. In his memory, we deserve on a Democratic amendment—a single ments were given by the two managers. more than 1 day of debate—a 21-year- vote. Let me repeat, it is possible we We came to do our work yesterday, old man, dead. will have voted to cut off debate before and we worked hard, and we were sud- We have had one recorded vote on we have voted on a single Democratic denly struck with the suggestion—we this bill. We could have had more, but amendment. We can go back before thought it was just some of the rumors we had to stop voting yesterday early. 1987. I can’t believe anything like that that happen around here in the Senate We have offered four amendments on has ever happened. that could not be valid. I called the this side. If cloture is invoked, Mem- If this cloture motion is successful, majority leader: You are not going to bers of this body will be denied the op- those who support it are sending one file cloture on the Defense authoriza- portunity to debate and vote on major message—they do not believe the Sen- tion bill after 1 day of debate, are you? issues. ate should debate the important na- And he said: Yes. I said: Well, Bill, I am What kind of major issues? Well, tional security issues that are very going to go to the floor and complain such as ensuring that our troops, ac- much on the minds of our troops, their about that because that is wrong. tive and retired, get the pay and bene- families, and the American people. At Now, let me say, Madam President, fits they have earned. No time to de- the same time, the majority leader has on this issue I do not agree with a num- bate our course in Iraq. I don’t know if apparently concluded we should cut off ber of my Senators, but the thing he I am being a little too political here, debate on this critical legislation after wants to take up next is an NRA bill, but let’s think about this a little bit. less than 3 days, only one of which is a a bill dealing with gun liability. Fine. We are spending about $2 billion a week real day—around here we don’t do any- But at the expense of the defense of in Iraq—$2 billion a week in Iraq. I thing on Fridays and Mondays. We this country? What are we coming to wonder, as to just that alone, should travel. We go around raising money. around here? What are we coming to we spend more than 1 day here in the We don’t have votes. We are down to a

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21⁄2-day workweek here. But we could my mind, to make sure that Shane I am glad we are here to do business spend more than a month, more than 30 Patton and the other approximately today. The managers are here. Senator days on five judges, every one of which 2,000 men and women who have been KENNEDY is here to offer an amend- had a job. A third of our time in the killed in Iraq and the scores who have ment. But especially in a time of war, Senate has been spent on five people, been killed in Afghanistan will have at let’s at least do the average amount of all of whom had jobs. least the attention of the Senate for a debate on this bill. The majority leader’s decision raises few days. The ACTING PRESIDENT pro tem- an important question. Why would we The ACTING PRESIDENT pro tem- pore. The Senator from Kentucky. prematurely cut off debate on critical pore. The Senator from Kentucky. Mr. MCCONNELL. Madam President, national security legislation? Why Mr. MCCONNELL. Madam President, I don’t want to prolong it any further would we want to prevent the Senate I listened carefully to my good friend because we are taking up time for the from doing everything we can to help from Nevada, the Democratic leader. I offering of amendments which we en- our men and women in uniform? The don’t want to unduly prolong the dis- courage. We are anxious to have Senator from Michigan and the Sen- cussion because Chairman WARNER and amendments. We are willing to have ator from Virginia are role models for Ranking Member LEVIN are here to do votes. We are not trying to deny any- how to work together on legislation. business on the bill. The more the body the opportunity to offer their He has some ideas that he wants to try Democratic leader and myself talk, the amendment or to have votes. That is to improve this bill. There are other less able they are to offer amendments why the chairman and ranking member Members who have amendments that and move forward with the bill. are here today. I see Senator WARNER are waiting. The Senator from Massa- I would say this, however. I don’t is ready to do business. chusetts has some ideas on how he know that it is written on some tablet I yield the floor. wants to try to improve this legisla- somewhere that we need to spend mul- f tion. But unfortunately, the answer to tiple weeks on a DOD authorization NATIONAL DEFENSE AUTHORIZA- these questions is very familiar. Rath- bill, particularly in a time of war. We TION ACT FOR FISCAL YEAR 2006 er than address the concerns on the turned to this bill last Wednesday minds of the American people, our Re- night. That is Wednesday night, Thurs- The ACTING PRESIDENT pro tem- publican colleagues are once again in- day, Friday, Monday, and Tuesday be- pore. Under the previous order, the sisting the Senate focus its time on fore the cloture vote would ripen. Dur- Senate will resume consideration of S. less important business. Earlier this ing all of that time, Senators could 1042, which the clerk will report. year, we put judges ahead of health offer nongermane amendments. And The assistant legislative clerk read care, retirement security, education. then if cloture is invoked, there are 30 as follows: Now they are apparently willing to put additional hours for amendments to be A bill (S. 1042) to authorize appropriations gun liability—and I have heard now es- offered that are germane to the De- for fiscal year 2006 for military activities of tate tax—ahead of the needs of our fense bill. I don’t think there is any the Department of Defense, for military con- troops. particular reason why the Senate struction, and for defense activities of the Frankly, this action is not in keeping ought not to, particularly in a time of Department of Energy, to prescribe per- sonnel strengths for such fiscal year for the with the spirit in which this bill came war, do this bill in a more expeditious Armed Forces, and for other purposes. to the Senate floor. To this point the manner and allow us to also complete Pending: process has been completely bipartisan. other matters before the Senate, one of Frist amendment No. 1342, to support cer- I should say nonpartisan. As I have al- which the Democratic leader just tain youth organizations, including the Boy ready said, the chairman and ranking pointed out he is in favor of, before we Scouts of America and Girl Scouts of Amer- member, as well as the other Repub- leave next week. We are open for busi- ica. licans and Democrats on the Armed ness this morning. Chairman WARNER Inhofe amendment No. 1311, to protect the Services Committee, worked together and Senator LEVIN are here. Others are economic and energy security of the United to see that our security needs were ad- here who want to offer amendments. States. dressed. Republicans and Democrats We encourage that. That is why we are Inhofe/Collins amendment No. 1312, to ex- press the sense of Congress that the Presi- even on the committee, after reporting in session today. dent should take immediate steps to estab- the bill out, said: We have a few things My suggestion to all of us is that we lish a plan to implement the recommenda- we would like to a try to address to the move forward with the business that is tions of the 2004 Report to Congress of the whole Senate to see if we can make the before the Senate this morning. United States-China Economic and Security whole bill better. I yield the floor. Review Commission. The chairman welcomed input from The ACTING PRESIDENT pro tem- Inhofe/Kyl amendment No. 1313, to require Members on both sides of the aisle, as pore. The minority leader. an annual report on the use of United States did the ranking member. He made no Mr. REID. Madam President, I don’t funds with respect to the activities and man- attempt to prevent Members from ad- need to get the last word, but I have to agement of the International Committee of get make sure the facts are spread the Red Cross. dressing critical issues or cut off de- Lautenberg amendment No. 1351, to stop bate, and he should be lauded for the across this Senate. Let’s not be misled. corporations from financing terrorism. course he chose. The majority leader Wednesday, opening statements; Ensign amendment No. 1374, to require a should follow his example. Thursday, one amendment voted on; report on the use of riot control agents. We want to pass this bill. We want to Friday, nothing voted on; Monday, Ensign amendment No. 1375, to require a pass it before we go home for the Au- nothing voted on. I guess we will vote report on the costs incurred by the Depart- gust recess. That is why, for the past 2 Monday night sometime. Tuesday, ment of Defense in implementing or sup- months, I have been on this floor urg- please help me on that, we ought to porting resolutions of the United Nations Se- vote this Tuesday morning. And then curity Council. ing us to move to this bill. But, no, we Collins amendment No. 1377 (to Amend- couldn’t because we were tied up with to talk about 30 hours afterwards, that ment No. 1351), to ensure that certain per- judges, the nuclear option. We were is one of the biggest farces we have sons do not evade or avoid the prohibition happy when he finally brought it to the around here. If you are lucky, you can imposed under the International Emergency floor 2 days ago. But little did we know have a vote or two during the 30 hours, Economic Powers Act. it was apparently just an effort to get but remember, there is no necessity to Durbin amendment No. 1379, to require cer- another thing off the shelf. We are have a vote on anything. It is all up to tain dietary supplement manufacturers to here, ready to debate the numerous im- the majority what they let us vote on. report certain serious adverse events. In a time of war, does that mean we Hutchison/Nelson (FL) amendment No. portant issues raised by the legislation. 1357, to express the sense of the Senate with We won’t be able to do that. speed through this? I would think that regard to manned space flight. I hope the Republican leadership will we should take an inordinate amount Thune amendment No. 1389, to postpone reconsider this action. Let us get back of time, lots of time, when we are in a the 2005 round of defense base closure and re- to work on this important bill. I re- state of war. And we are in a state of alignment. peat: We are going to oppose cloture, war. Just ask the people of Great Brit- The ACTING PRESIDENT pro tem- and that is the only thing we can do, in ain. pore. The Senator from Virginia.

VerDate Aug 04 2004 03:56 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.006 S22JYPT1 S8718 CONGRESSIONAL RECORD — SENATE July 22, 2005 Mr. WARNER. Madam President, I tion for cloture will be vitiated. That is is made by the majority leader, with was present last night. We had a col- our hope. I hope the Senator from Vir- all due respect. He has the responsi- loquy among ourselves not unlike what ginia will do what he always does so bility, obviously, for the Senate and took place today. The Republican lead- magnificently, which is maintain an the Senate agenda. er, Senator FRIST, entrusted me with open mind, keep options open, and see The part which is of concern is this, the management of this bill. It was my what kind of progress can be made to and I will mention this briefly. When decision with regard to the votes. It avoid a divisive vote. It is inappro- we have cloture, we find out that many was my decision that we file a cloture priate to have a cloture vote this soon amendments that are related and are motion. I accept full responsibility for after the debate begins. enormously important in terms of the those decisions. I am proud of the way I yield the floor. subject matter, which is the Defense we operate on this side, where our lead- Mr. WARNER. Mr. President, just to authorization bill, are effectively ership reposes in their managers those finish, I have a practice of not bringing eliminated. responsibilities; I accept them. If, in up personal situations, and I am still I took a quick look at some of the due course, it proves to be in error, I going to refrain. If continued to be amendments that have been filed to accept that responsibility. But I do be- pushed on this issue, I will recount sev- date. We have a Stabenow amendment lieve, based on some 27 years of experi- eral things that occurred yesterday to fully fund health care for veterans. ence managing this bill, that we can where I tried to accommodate interests Nobody could watch the news last achieve the opportunity for all Sen- on that side of the aisle, and when it is night and not understand the challenge ators to have their amendments heard said that not a Democratic vote was our veterans are having in getting cov- and voted upon in a timely manner. taken, I know of one vote where I erage and being treated well. That is The matter of cloture, as it ripens on pleaded that it be made, found the true in my State, and the Nation was Tuesday, can be addressed by the lead- time, but the sponsors decided—and it alerted again. We have had some de- ership, in consultation with the man- was a joint amendment with a Repub- bate on that issue. It is an issue of agers, and a determination made as to lican and a Democrat—not to do that. enormous importance. We make a com- whether it should or should not be in- I am not going to get involved in per- mitment to those young men and voked. I think that decision, in large sonal situations, but there is a limit to women who volunteer and fight in our measure, would be dependent on what the patience of the Senator from Vir- wars that they are going to have their we can achieve between now and Tues- ginia. On this matter by Mr. KENNEDY, needs attended to when they come day. I respect my good friend. Our friend- back. They are not being attended to. I look upon this in a very positive ship goes back as long as any two The Senator from Michigan, Ms. way. I have confidence in this institu- Members in this Chamber. This amend- STABENOW, has an amendment that tion, confidence in the managers of ment is an important amendment, probably would not be eligible after this bill to see that it is done in a fair there is no question about it. But I ask cloture. It is on pay equity for reserv- and proper manner and done in the best the Senator from Michigan, was not ists who are being deployed. We have so interests certainly of the men and the same amendment voted on by the many being deployed over in Iraq, and women of the Armed Forces. Senate 3 weeks ago? it is an important amendment to make I yield the floor. Mr. LEVIN. We will have to wait and Mr. LEVIN. I wonder if the Senator see the precise nature of the amend- sure they are to be compensated. It is will yield. For about 1 minute, I will go ment. very important in terms of morale and, back to the history, and I will not go Mr. WARNER. It is very similar, if most of all, in terms of fairness for the through it all. Last year, we spent 7 not identical. reservists. days on this bill. The 1st filing of clo- Mr. LEVIN. I commend my friend Then there is reform of the Pentagon ture was on the 11th day of debate, from Virginia for his temperament, his procurement, with all of the kinds of after considering 42 amendments. The ability to withhold any suggestion of challenges we have seen on the pur- 2nd filing of cloture was on the 15th personal comment. He is to be com- chasing of the humvee. We reviewed day of debate. I think it is totally inap- mended. He is literally a role model for that last night once again. An article propriate to file cloture today. that. The Senator from Virginia is cor- that was written in the New York I have no better friend in this body rect. He showed great care for the Times and the purchase conflict be- than the Senator from Virginia. I was Members of this body yesterday, gave tween the services, the lack of priority glad to hear what he basically just great consideration to the Members, that was given really as a result of a said, which is that he is going to take and I commend him for that. failure of our procurement policies, we a close look at where we are before this Mr. WARNER. Madam President, I can do something about that, but we vote takes place. He has always been yield the floor. are not going to do something about it openminded. I hope he will reconsider The ACTING PRESIDENT pro tem- if we have cloture. Then there is the this cloture motion. We are going to pore. The Senator from Massachusetts limitation of profits on defense con- make progress today, even though is recognized. tractors. We don’t have to take a lot of there are no votes. AMENDMENT NO. 1415 time on that issue, but I think the It is difficult for Senators. Senator Mr. KENNEDY. Madam President, I American taxpayer, when they see hun- KENNEDY is going to be offering a very join the ranking member of the Armed dreds of millions in windfall profits important amendment in a few mo- Services Committee, Senator LEVIN, in going to so many defense contractors, ments, but the vote on that is not paying tribute to the Armed Services would have to say that spending a few going to take place until probably after Committee. I have been lucky enough moments on that to make sure, for ex- the cloture because we have so many to be on that committee now for 24 ample, the allegations that our troops amendments that are stacked up here. years. I must say that all of us have are going to get the food they deserve He deserves better and, more impor- the highest regard and respect for the and need on time and not be given sec- tantly, the subject matter of the Senator from Virginia, the chairman of ond-level food is something that ought amendment deserves better than to be the committee. There has never been a to be debated. debated on a Friday and then laid aside time that he has not been courteous My amendment with Senator FEIN- and not voted on until many days and diligent and thoughtful and consid- STEIN and Senator KERRY on bunker later. Traditionally, we try to vote on erate for those who have differing busters relates to the whole issue of amendments after they are debated— views that come up before the com- nuclear proliferation and stability. We shortly after, not days and days after mittee. probably would not be eligible to bring they are debated. I understand the remarks by the Sen- that up. There have been important We are going to accommodate the de- ator from Michigan and also our lead- issues on funding for the cooperative mands of the schedule by trying to er, Senator REID; and although our threat reduction, which is so important offer a lot of amendments today and on friend takes the responsibility, we have in terms of the nuclear proliferation, Monday in order to see if we can show been around here long enough to know with the very important and impres- enough progress here so that the mo- that the overall schedule and timetable sive study released this last week.

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.007 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8719 Those give you a little bit of a flavor, Perry, former Secretary of Defense, Treaty, the foundation of all current and they are related to national secu- and is made up of an extraordinary global nuclear arms control. The non- rity and defense. We are told we don’t group of men and women who have proliferation treaty, signed in 1968, has have time for that. I have been here spent their lives in terms of national long stood for the fundamental prin- when we spent 2 full weeks debating security and defense and talking about ciple that the world will be safer if nu- bankruptcy and for the credit card the dangers of increased nuclear weap- clear proliferation doesn’t extend to companies. The result of the bank- ons. Well, we have now in this bill the other countries. ruptcy bill we passed here means the design for new nuclear weapons. They I send to the desk an amendment on profits for the credit card companies will say: No, we don’t, it is only $4.5 behalf of myself, the Senator from are going up $5.6 billion this next year. million. Look at the Department of En- California, Mrs. FEINSTEIN, and my col- We spent 2 weeks on that issue that ergy’s congressional budget, right here league and friend, the Senator from will benefit special interests. We spent on page 63, where cumulatively they Massachusetts, Mr. KERRY. more than a week on class action, are planning to spend a half billion dol- The ACTING PRESIDENT pro tem- which will benefit very special inter- lars on it. New nuclear weapon? We are pore. Without objection, the pending ests. We spent more than a week on looking at a new nuclear weapon in the amendment is set aside. highways. If you can spend more than a Defense authorization bill. The clerk will report. week on highways and you can look Look at the front page here of the The assistant legislative clerk read after the credit card companies and New York Times, right up on the top: as follows: you can look after the major financial ‘‘New York Starts to Inspect Bags on The Senator from Massachusetts [Mr. KEN- interests in class action, surely we can the Subways.’’ What is the greatest NEDY], for himself, Mrs. FEINSTEIN, Mr. threat to our homeland security, a new KERRY, Mr. FEINGOLD, and Mr. BINGAMAN, debate these issues that are related to proposes an amendment numbered 1415. the security and well-being of the nuclear weapon or—here it is—‘‘New Mr. KENNEDY. Madam President, I troops of this country. York Starts to Inspect Bags on the That is the point. I believe it is irref- Subways.’’ The second story: Bombs ask unanimous consent that the read- utable myself. We were told last night, set in London at four sites, failed to ex- ing of the amendment be dispensed with. well, we had heard that Senator LEVIN, plode, no one hurt. And we are going The ACTING PRESIDENT pro tem- Senator REID, and others might pro- out and building another nuclear weap- pore. Without objection, it is so or- pose a commission to look into the on. dered. whole question of the torture policies We welcome the opportunity to ad- The amendment is as follows: that have taken place at Abu Ghraib. dress the Senate now on Friday, but We had 12 different studies done by the this is a matter of enormous impor- (Purpose: To transfer funds authorized to be Armed Services Committee, and we tance and consequence. We are told appropriated to the Department of Energy these issues are not as important as for the National Nuclear Security Admin- still don’t have anybody in the civilian istration for weapons activities and avail- areas that has been held accountable, freeing the gun industry from liability, able for the Robust Nuclear Earth Pene- even though they were the architects a special interest. So we have an NRA trator to the Army National Guard, Wash- of the torture policy. This has given us check. I know where the votes are on ington, District of Columbia, chapter) a black eye all over the world. It has that. We are going to get another spe- On page 378, between lines 10 and 11, insert been an incentive, and it is inflaming cial interest check. We have a special the following: al-Qaida. It has been a recruiting tool interest check for credit cards, a spe- SEC. 3114. TRANSFER OF FUNDS AVAILABLE FOR used in order to gather more recruits cial interest check because of class ac- ROBUST NUCLEAR EARTH PENE- TRATOR TO THE ARMY NATIONAL for al-Qaida. tions, and we are going to get another GUARD OF THE DISTRICT OF CO- It had been suggested that we have one now from the NRA. LUMBIA. an independent commission review We are not going to have the chance (a) REDUCTION IN FUNDS AVAILABLE FOR RO- that. And then guess what happened. for these Senators to be able to debate BUST NUCLEAR EARTH PENETRATOR.—The Within a matter of hours, the White pay equity for the reserves? Health amount authorized to be appropriated to the House says, If that amendment is ac- care for veterans? No. We don’t have Department of Energy for the National Nu- cepted, I will veto the bill that is de- the time. What is more important to clear Security Administration for weapons activities by section 3101(a)(1) is hereby re- veloping with Defense authorization. us? I have plans at the end of next duced by $4,000,000, which reduction shall be Imagine that. The President will veto week along with everybody else, but allocated to amounts available for the Ro- the bill if that amendment is accepted. what is more important than con- bust Nuclear Earth Penetrator. He will veto the bill that provides the tinuing and finishing this legislation? (b) INCREASE IN FUNDS AVAILABLE TO ARMY resources for our fighting men and That is what we are supposed to do as NATIONAL GUARD, WASHINGTON, DISTRICT OF women if we are going to have an inde- Senators. COLUMBIA, CHAPTER.—The amount author- pendent kind of review about how we Mr. President, when you look over ized to be appropriated by section 301(10) for got into all of this trouble in terms of where we spend the time and how we operation and maintenance for the Army Na- tional Guard is hereby increased by torture and inflaming al-Qaida because have spent the time, surely these $4,000,000, with the amount of such increase of those activities. They are going to issues that are of such fundamental im- to be available for the Army National Guard veto the bill. Therefore, we are going portance to our national security and of the District of Columbia, as follows: to have cloture. to the security of the American people (1) $2,500,000 shall be made available for We don’t have to be around here for deserve the kind of time our leader and urban terrorist attack response training. a number of years to understand what Senator LEVIN have suggested. (2) $1,500,000 shall be made available for the is happening. That is just plain wrong, For the past 60 years, one of the prin- procurement of communications equipment. Mr. President. It is just plain wrong. It cipal tenets of the American national Mr. KENNEDY. Madam President, in is not the way this body ought to be security policy has been to limit the that compact of the Nuclear Non-Pro- doing business. These issues are too number of nuclear weapons in the liferation Treaty, the foundation of all important. People are ready to debate world and to limit the number of coun- global nuclear arms control, 184 na- them. tries that possess them. tions have voluntarily rejected nuclear We had the amendment that I have In 1962, President Kennedy warned weapons. These include 40 states, such here, which is very similar to the that if action weren’t taken at that as Japan, Germany, Sweden, and amendment Senator FEINSTEIN and I time, there would be 20 nuclear weapon Singapore, that have the technical in- offered earlier on another appropria- nations by the end of the 1970s. That is frastructure to build nuclear arsenals tions bill. It is a matter of enormous what he said in 1962. Because of initia- if they chose to do so. importance in terms of the issue of nu- tives he and successive Presidents—Re- In addition, Ukraine, Kazakhstan, clear proliferation. publican and Democrat—took to pre- Belarus, South Africa, Argentina, There is an excellent study this last vent that, today there are only eight Brazil, Taiwan, South Korea, and oth- week about the worst weapons in the nuclear armed states. ers have turned away from nuclear worst hands. The National Security Through careful negotiations, we ar- weapons because of the NPT and our Advisory Group is chaired by Willian rived at the Nuclear Non-Proliferation leadership.

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.009 S22JYPT1 S8720 CONGRESSIONAL RECORD — SENATE July 22, 2005 America led the way to a safer world when we are exporting our own tech- From the use of the weapon. by example. By adhering to these care- nology? Even if we were willing to accept the fully crafted agreements, we were able For the past 2 years, Congress has catastrophic damage a nuclear explo- to discourage the spread of dangerous raised major doubts about the bunker- sion would cause, the bunker buster nuclear weapons that would threaten buster program and significantly cut would still not be able to destroy all our security. back on its funding. But the adminis- the buried bunkers the intelligence However, the Bush administration tration still presses forward for their community has identified. has abandoned that course. Not only development. For fiscal year 2004, they This chart, based on the data from has this White House expressed disdain requested $15 million for it, and Con- the National Academy of Sciences, de- for decades of nuclear arms control, gress reluctantly provided half that picts the simulated maximum effect of but it now threatens to launch a new amount. For 2005, they requested an- a 1-megaton earth-penetrating weapon. nuclear arms race. As we are discour- other $27 million and submitted a 5- This massively destructive weapon aging North Korea and Iran from pro- year request for nearly $500 million, cannot reach more than 400 meters. All ducing nuclear arms—and as we are and Congress denied their request. an adversary has to do is bury its trying to keep nuclear weapons out of This year, nothing has changed. The bunker below that depth. the hands of terrorists—the Bush ad- fiscal year 2006 budget request from the Bunker busters also require pinpoint ministration recklessly proposes for President includes $4 million for the accuracy to hit deeply buried bunkers. the United States to produce a new Department of Energy to study the But such accuracy requires precise in- breed of nuclear weapon. President bunker buster, and $4.5 million for the telligence about the location of the Bush and Secretary Rumsfeld want to Department of Defense for the same target. As the study emphasized, an at- develop a new tactical nuclear weapon purpose. Thankfully, our colleagues in tack by a nuclear weapon can be effec- that can burrow deep into the earth the House were wiser and eliminated tive in destroying weapons or weapons and destroy bunkers and weapon the funds. materials, including nuclear materials caches. The new weapon they propose The administration obviously is still and chemical or biological agents, but has the chilling title of robust nuclear committed to this reckless approach. only if it is detonated in the actual earth penetrator. They hold the dan- Secretary Rumsfeld made his position chamber where the weapons or mate- gerous and misguided belief that our clear in January, when he wrote to En- rials are located. Even more dis- Nation’s interests are served by devel- ergy Secretary Spencer Abraham: turbing, if the bomb is only slightly off oping what they consider a more easily I think we should request funds in 06 and 07 target, the detonation may cause the to complete the study . . . You can count on spread of deadly chemical and germs, usable nuclear bomb—more easily usa- my support for your efforts to revitalize the ble nuclear bomb. That is just what we in addition to the radioactive fallout. nuclear weapons infrastructure and to com- If it were clear that this weapon were need more of today. plete the RNEP study. needed to protect our troops, then Con- Most Americans believe that is The fiscal year 2006 budget requests gress would probably support it. But wrong. Therefore, the amendment that funds only to complete the feasibility that is not the case. At the House Senator FEINSTEIN and I offer today study for these nuclear weapons, but Armed Services Committee hearing in will halt this dangerous new policy and we already know what the next step is. March, program chief Linton Brooks redirect the $4 million in funds from In the budget sent to us last year, the once again was asked if there was a the robust nuclear earth penetrator re- administration stated in plain lan- military requirement for the bunker search program to the National Guard guage that they intend to develop it. buster, and he categorically said: for the more urgent task of preventing Ambassador Linton Brooks, the head of No, there is not. another terrorist attack on our Na- the National Nuclear Security Admin- tion’s capital. istration, claims the future budget pro- This chart shows how important it is This action is especially warranted in jection was merely a placeholder ‘‘in that the bunker buster be precise, in light of the bombings in the London the event the President decides to pro- terms of targeting, or otherwise it is subway. Instead of developing new ceed with the development and Con- not going to destroy the target, and nukes, we should address the real- gress approves.’’ But their fiscal year the dangers of chemical and nuclear world challenges of terrorism that we 2005 budget clearly shows the adminis- material proliferation are dramatic. Our military has no need for a nu- face right here, right now. tration’s unmistakable intention to de- In the end, the administration would clear bunker buster. Existing conven- velop and ultimately produce this like us to buy something we don’t tional weapons have the ability to neu- weapon. need, that endangers us by its mere ex- They would like us to believe this is tralize this threat. These charts from istence, and that makes our important a clean, surgical nuclear weapon. They the National Academy of Sciences diplomatic goals much more difficult say it will burrow into underground show the types of deeply buried, hard- to achieve. targets, destroy them with no adverse ened bunkers the nuclear bunker bust- Our challenge in addressing nuclear consequence for the environment. But er is intended to destroy. All bunkers nonproliferation issues is not that science says such claims are false. must have air intakes, energy sources, there are too few nuclear weapons in A National Academy of Sciences and entrances. If we can destroy them the world, but that there are too many; April 2005 study confirms exactly what by conventional means, we have ac- not that they are too difficult to use most of us thought: that these nuclear complished our purpose. but too easy. weapons, like other nuclear bombs, re- The administration’s effort to build a North Korea has recently acquired sult in catastrophic nuclear fallout. new class of nuclear weapon is only nuclear weapons and does not hesitate They can poison tens of millions of further evidence of their reckless nu- to rattle them. Iran is widely thought people and create radioactive lands for clear policy. to be moving forward on the develop- many years to come. We have studied this issue long ment of nuclear weapons capability. The study goes on to say: enough. It is ridiculous for the admin- The increased availability of nuclear Current experience and empirical pre- istration to try to keep this program technology to other nations is an omi- dictions indicate that the earth-penetrator going, and it could be suicidal for the nous development, especially when it is weapons cannot penetrate to depths required Nation and for our troops. While the difficult to accept at face value their for total containment of the effects of a nu- administration studies a weapon that statements that the technology is in- clear explosion. To be fully contained, a 300 will never work and may never be used, tended only for peaceful purposes. kiloton weapon would have to be detonated it has taken its eye off the true danger: What moral authority do we have to at the bottom of a carefully stemmed em- terrorists with weapons of mass de- ask other nations to give up their de- placement hole about 800 meters deep. Be- struction here at home in our subways sire for nuclear weapons of their own cause the practical penetrating depth of an earth penetrating weapon is only a few me- and our train stations. when we are developing a new genera- ters—a small fraction of the depth for the Protecting our Nation should be the tion of such weapons of our own? How full containment—there will be blast, ther- administration’s No. 1 priority and, can we tell other nations not to sell mal, initial nuclear radiation, and fallout ef- sadly, they have not learned that les- their nuclear technology to others fects— son from 9/11. The alarm bell that went

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.012 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8721 off on September 11, 2001, is still ring- the homeland security issue. That has subsequent phase of the robust nuclear ing loudly. It rang in London earlier to be our focus, and we learned that earth penetrator, section 3117 of the this month and again yesterday. It again this morning in London. law, the Senate amendment contained rang in Madrid last year. And it has Why the administration insists that in provision 3135 that would require the been ringing in Turkey, Indonesia, Mo- they think our national security is Secretary of Energy to obtain specific rocco, Kenya, and elsewhere around the going to be enhanced and expanded by authorization from Congress to com- world in the nearly 4 years since the building a new system makes no sense mence development engineering phase tragedy of 9/11. at all. of the nuclear weapons development In our Nation’s Capital, the alarm A final point. There are those who process or any subsequent phase of a bell continues to sound, but the admin- will say this is just a study; we ought robust nuclear earth penetrator weap- istration has been inexcusably slow in to be able to study; we ought to be able on. heeding its warning. to study what progress can be devel- So I assure my colleagues, I assure Our amendment will better protect oped in terms of the shape of our war- the American public, Congress is care- our Nation’s Capital from a terrorist heads and the building materials that fully monitoring each step of this pro- attack. It provides urgently needed are necessary to make it more effec- posed program. funds to the Washington, DC, National tive; we live in a dangerous world. All My good friend from Massachusetts Guard to make up for the shortfalls of which is true, we ought to be able to pointed out about the military require- they face in equipment and training. have a study, but that is not what this ments. The Chairman of the Joint U.S. officials plainly state that al- is about. Chiefs of Staff, in appearing before Qaida and other terrorist groups are As I have mentioned, the opposition, Congress, established the military re- quirement. Senators on the other side determined to strike the United States by and large, will say this is just a of this debate have argued there is no again. And we all know that our Na- study. Then we will have to come back military requirement, as did my good tion’s Capital is a prime target. to Congress and get the approval. friend and colleague from Massachu- On July 10, Homeland Security Sec- See what the intention of this admin- setts. Congress should not be funding, retary Michael Chertoff said that ‘‘the istration is. ‘‘Department of Energy, he has argued. This is a case of getting desire and the capability’’ are there for 2005 Congressional Budget Request, Na- so involved in technology that we lose tional Nuclear Security Administra- another terrorist attack in America. sight of the purpose behind the words. The former Deputy Secretary of tion, Office of the Administrator, I think it is extremely important Homeland Security, ADM James Loy, Weapons Activities.’’ Open this to page that the record of this debate reflect told the Senate Intelligence Com- 63. There it is. the following: In an appearance before mittee on February 16: They talk about what is going to be the House Armed Services Committee We believe that attacking the homeland the request over the period of these in February of this calendar year, the remains at the top of al-Qaida’s operational next 5 years, and it is $484 million. Chairman of the Joint Chiefs of Staff, priority list . . . We believe that their intent That is not a study. That is the devel- General Myers, addressed the following remains strong for attempting another opment of a weapons system. Those re- major operation here. question: sources could be more effectively used Is there a military requirement for RNEP? He says: providing security at home, working General Myers answered the question The probability of an attack is assessed to through homeland security, than devel- as follows: be high. . . . oping a new weapons system which will Our combatant commander that is charged FBI Director Robert Mueller told the make it more complicated and more by this nation to worry about countering the Intelligence Committee on February difficult for the United States to be the kind of targets, deeply buried targets, cer- 16: leader in the world, which we have tainly thinks there’s a need for this study. The threat posed by international ter- been under Republican and Democratic And General Cartwright has said such. I rorism, and in particular from al-Qaida and Presidents since 1962, in reducing the think that. I think the Joint Chiefs think related groups, continues to be the gravest number of countries that have dan- that. And so, the study is just that. It’s not we face . . . a commitment to go forward with a system; gerous nuclear weapons. We should it’s just to see if it’s feasible. Despite these serious and terrifying stay the course. That has been a wise It is just to see whether the tech- threats, the DC National Guard, which judgment and decision by Republican nology of the United States can take provides an indispensable role in re- and Democratic Presidents. We should an existing warhead. There was some sponding to terrorist attacks, has long not be about the business of developing inference that we are increasing the received inadequate funding. new nuclear weapons, which is going to stockpile. It is very important to rec- In a terrorist attack, the DC Na- upset that whole movement and make tional Guard will be mobilized to assist ognize we are simply performing tests this country less secure. and evaluation on existing warheads to in evacuation efforts, provide security I yield the floor. determine whether they can be recon- at the attack site, and assist in mass The PRESIDING OFFICER (Mr. SES- figured to achieve the mission of pene- casualty care. Mayor Williams and the SIONS). The Senator from Virginia. trating the earth to certain depths, de- city council realize the vulnerability Mr. WARNER. Mr. President, I would pending on the consistency of the soil to such attacks and the potentially like to pick up on my distinguished and the above earth, and render less ef- catastrophic consequences if terrorists colleague’s last point with regard to fective, if not destroy, a potential situ- attack a train carrying hazardous ma- the projected budget cycle as it relates ation beneath the earth, which defi- terial. to this program. In fairness, the distin- nitely challenges the security of this According to a RAND analysis on ter- guished Senator from Massachusetts Nation and the world. It is as simple as rorism and railroad security, 40 percent should point out that while that docu- that. of freight being carried from city to ment outlines a proposal for a pro- So this whole debate is about wheth- city across the country, including half gram, Congress carefully has enacted er a modest sum of money can be con- of the Nation’s hazardous material, is the checks and balances such that tinued to be applied to a program to moved by rail. In 2003 alone, 11,000 rail- every step of the way that program has determine a feasibility study. Depend- road cars containing hazardous mate- to be reviewed by the Congress, author- ing on the outcome, the Congress rial passed through Washington, DC. ized, and appropriated. Those are the comes back in and then establishes We believe the administration’s posi- types of checks and balances that whether the facts justify, as well as the tion in supporting the development of a should be accorded a program of this threat situation, as well as the mili- new nuclear weapon system is mis- significance. tary needs, the next step of a program guided. It is not based on sound I point out, and I read from the con- that would take some several years to science. And there is a recognition that ference report on the National Defense evolve and produce a weapon. they do not have their priorities Authorization Act for fiscal year 2004, General Myers continued: straight. We have learned the lesson of the requirement for specific authoriza- So we can argue over the definition of a this past week, that what we have to tion of Congress for commencement of ‘‘military requirement’’ and when a ‘‘mili- do is expand our attention in terms of engineering development phase and tary requirement’’ is established. We can

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.013 S22JYPT1 S8722 CONGRESSIONAL RECORD — SENATE July 22, 2005 argue over when in the study of a concept— made by the Department of Defense particularly our colleagues in the other which is what we are talking about here— through elaborate procedures. With re- body who were very much involved in when should the requirement be established. spect to the particular nuclear pene- this decision on a bipartisan basis and We can argue over definitions or we can decided that this program was not listen to the Chairman of the Joint Chiefs trator to attack deeply buried targets, and the Commander of Strategic Command, I do not believe there is a formal re- worth the investment; that it was not who advise the Congress that it is in the in- quirement. There is a general require- a study; that if it was a true study it terest of the United States to complete the ment to hold at risk hard, deeply bur- could have been concluded and the re- feasibility study. ied targets, but there are many dif- sults could have been provided to deci- Somewhat regrettably, over the past ferent variations that could be applied sionmakers for a more thoughtful re- 24 hours we have had a lot of back and to that, and I do not believe the De- view of this aspect of national security. forth about time consumed on this, partment of Defense has yet come to a The administration just did not get that and one of the other things. I tend conclusion, a requirement, that this the message. So in 2006, this budget re- to be very indulging in the fact that mission can only be undertaken by a quest, DOE requested $4 million to the Senate is an unusual body and robust nuclear penetrator. start the RNEP feasibility study again, there is the right to discuss whatever a Nevertheless, early on, several years and $14 million will be needed in fiscal year 2007 to finish the study. Senator wishes. But just 3 weeks ago ago the Department of Energy’s budget It should be apparent right now, this we had this exact amendment before called for studies. Congress authorized and appropriated the $15 million for the is not about a study. This is about de- this body, except for one change. Sen- veloping a weapons system to hold ator FEINSTEIN had put the funds which first phase of this study by the Depart- ment of Energy, but DOE was not to hard and deeply buried targets at risk. would be resulting from a cancellation The National Academy of Sciences con- towards the public debt, a laudable begin this work until it submitted a re- port setting forth requirements for an ducted their own study to look at the purpose. It has nothing to do with the feasibility of doing this and the useful- military requirements, nothing to do RNEP and the target types that RNEP was designed to hold at risk. DOE pro- ness of this type of weapons system, at with anything about the weapon. Sen- the request of the Armed Services posed their response in April of 2003, ator KENNEDY made one small change: Committee. Their study sheds a great and the funds were released to begin Let us take it from the public debt and deal of light on the practical implica- again this study. Once again, DOE in- give it to the DC National Guard. tions of this weapons system. Well, I can understand how the DC sisted that this was just a study. There DOE says the RNEP project is to National Guard is brought into a clear was no decision to begin the process of look at the feasibility of using a bomb focus in its responsibilities given the development and production that with a small nuclear yield to target worldwide events of recent times. I am would lead to a weapon. hard and deeply buried targets with The following fiscal year 2004, DOE not unmindful of those situations. But minimal collateral damage on the sur- again sought $15 million for the RNEP, if there is a need for funding for the face and minimal fallout. That would but now Congress had become, I think D.C. National Guard, let it be brought be a very important development, if it forth independently. It should not be a rightfully, a little skeptical of the were feasible. But the Academy points predicate or a basis for making a major technology, of the efficacy of this pro- out in their study, and makes it clear, decision as to whether to go forward on posed weapon, to do what it was in- that to really hold hard and deeply this important research program and tended to do, and as a result, only $7.5 buried targets at risk the RNEP would study. million was appropriated. DOE took have to be very large and would not be So I say to my colleagues, if there is the reduced funding and said: Still, this contained. This is about physics, I a problem with the D.C. National is just a study. We just want to look at think, more than it is about wishful Guard, bring it to the attention of the this concept. We study lots of concepts. thinking. The physics of the problem managers. We will be on this bill for a We certainly cannot inhibit the intel- suggests if you really want to destroy few days. We have time. We will take a lectual inquiry when it comes to an that target you can’t use a small nu- look at it. issue of so much importance to our na- clear charge. You would have to use a I am mindful of what occurred here tional security. rather considerable one. last night and what occurred here Now, in the 2005 budget request, after Therefore, the DOE is considering again this morning about how we are 2 years of various requests, the true na- modifying an existing large-yield nu- just grinding our wheels and not being ture of the RNEP proposal is becoming clear weapon, the B–83, to be a nuclear productive. This same identical amend- much clearer. It does not appear today penetrator. The B–83 nuclear bomb has ment was rejected by the Senate 3 to be just a study. DOE sought $27.5 a 1-megaton yield. That is explosive weeks ago in a vote. million for RNEP in the 2005 budget re- power equivalent to 1 million tons of I yield the floor. quest. In addition, DOE included the TNT, hardly a small, discrete weapon. The PRESIDING OFFICER. The Sen- RNEP in its 5-year budget report dem- The full megaton yield of the B–83 ator from Rhode Island. onstrating that the real plan was to would be needed to hold at risk a tar- Mr. REED. Mr. President, I rise in continue with the RNEP project get buried 900 feet below the surface— support of the Kennedy amendment through the next 5 years through the because of engineering progress, you ef- dealing with the robust nuclear earth development stage and just up to the fectively can burrow that far down and penetrator, or RNEP. This issue has point at which production would begin. put facilities or intelligence centers or been discussed and debated at length Now it is no longer just a study. In other critical military installations at many times. In fact, my impression fact, DOE is talking about almost $500 that depth. But not only would the was that we had come at least legisla- million over the next several years to fallout not be contained after the deto- tively to a conclusion. The conclusion get ready to build an RNEP. The cost nation of this large a weapon, the re- was that this was not a weapons sys- of the feasibility study has also in- sulting radioactive debris that the B–83 tem that would materially aid our abil- creased dramatically from the initial would put in the atmosphere would ity to advance national security pur- $45 million—$15 million a year for 3 make the fallout worse. You would be poses of the United States. years—to now $145 million. If the study sending a charge down into the earth, In the fiscal year 2003 budget request, is increasing from $45 million to $145 exploding the earth, blowing it up into the Department of Energy sought $15 million, if that same progression is ap- the atmosphere and spreading the fall- million to fund the first year of what plied to development, then right now out. There would be substantial casual- was to be a 3-year, $45 million study to we are talking about almost a billion ties if it were used, and the fallout determine the feasibility of using one dollars to get to the point of develop- would spread for hundreds of miles. of two existing large nuclear weapons ment and production for this RNEP. The National Academy of Sciences as a robust nuclear earth penetrator. Finally, though, I think Congress had study makes it clear that in a popu- They couched it in terms of a study. its fill with the study that turned out lated area, millions of people would be There is some discussion about require- to be a stalking horse for a production killed and injured. ments and studies. My impression is program, and in the fiscal year 2005 Let me give sort of a rough compari- that a requirement is a formal decision budget cycle denied funding. I applaud son of the effects of the B–83 system. It

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.014 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8723 has yields ranging up to 1 megaton; RNEP. I think our colleagues in the just mentioned in the language that that is 1 million tons of TNT. The House, on a bipartisan basis, figured came forward during the Clinton ad- bomb we dropped on Hiroshima was 14 this out last year. We should be equally ministration to decide to conduct this kilotons. It resulted in the death of astute and adroit. We have conven- study. But now we are putting that in 140,000 people. The Nagasaki bomb was tional precision weapons that can deal there to allay the concerns that any 21 kilotons; 73,000 people died. The lethal blows to these types of installa- might have, that somehow authorizing yield of the B–83 bomb is 71 times larg- tions. I think we should not con- a study would result in development er than that used at Hiroshima and 47 template using nuclear weapons, such and deployment of a weapons system. times larger than Nagasaki. That weapons as the B–83, which would yield We know that cannot happen without would cause incredible damage and cas- vast areas of a particular country lit- Congress’s approval, but this really ualties. erally uninhabitable for months if not clamps it down to say there would have In a practical sense, if you are strik- years. Also, by the way—which we to be an affirmative legislative act by ing a critical installation, most likely found from our adversaries, particu- Congress before the Energy Depart- that installation is close enough to ei- larly from our adversaries in Iraq— ment could go forward with developing ther an urban area or close enough to they are fairly astute about trying to any such weapon as this. other key terrain that a military com- counteract our weapons with their tac- I think that ought to allay the con- mander would have to think twice tics. If you were someone who was cerns. I will suggest that is why there about dropping a nuclear bomb on such afraid that the United States might has been so much support for it on a bi- a target. The reality is we could not have such a weapon like an RNEP and partisan basis. operate in that area for years, because use it against you, I think there would A couple of years ago, Secretary of of fallout, because of damage. If your be a strong temptation to put that State Colin Powell wrote Chairman goal were to ultimately destroy and oc- deeply buried target underneath a city, WARNER in support of the RNEP. He cupy an opposing foe, why would you underneath a historic or religious site, asked us to fund a feasibility and cost essentially create a situation where so that our choices would be further study of it, and noted that: you could not even operate in the area? complicated by the fact that we would I do not believe that these legislative steps The other thing about this whole ap- be delivering a nuclear device in an will complicate our ongoing efforts with proach to the RNEP is it fails to recog- area where there could be significant North Korea, inasmuch as the work was nize that we have precision conven- population or significant reasons to funded and authorized in last year’s Defense tional weapons that may not be able to avoid the detonation of a nuclear bill. I believe that North Korea has already reach down 900 feet, but certainly these bomb. factored RNEP into its calculations. It is im- weapons can be used to deal dev- I think this funding is not appro- portant for you to work on these issues and please do not hesitate to call on me. . . . astating blows to the communication priate. I join Senator KENNEDY in urg- networks that serve these facilities and ing that we move to drop it. I urge my Secretary Powell supported it and to the entrances. Eventually there has colleagues to vote for the Kennedy said it basically furthered our foreign to be someplace where you go into amendment, and I yield the floor. policy. So, again, this would be a these tunnels. Those facilities, if they The PRESIDING OFFICER (Mr. WAR- multiyear feasibility study, and we are can be identified, can be shut off by NER). The Senator from Alabama. talking about $4 million being spent on conventional munitions. The goal is to Mr. SESSIONS. Mr. President, I it. In the scheme of our huge budget, I neutralize the target, and that can be thank the Senator for his comments. would say that is not excessive. done, I think, more readily by conven- We would disagree on this, but he is a Suggestions have been made that tional weapons, particularly conven- skilled person in the defense of our somehow this indicates that we are in- tional precision weapons. So the need country, and I respect his comments. different to nuclear weapons, the pow- for this system on a practical basis is Three weeks ago, this Senate voted ers that they contain, the danger that not at all compelling to me, and I do 53 to 43 on this amendment. I am glad they represent, and that somehow this not believe it is compelling to the more we are having this debate. Some have administration is not sensitive to the thoughtful people in the military, said there is not enough time to have a need to reduce the threat from nuclear those who are thinking about these debate on these issues, to bring up and weapons in the world. Nothing could be types of situations. highlight points that the other side further from the truth. There is another factor, too. Again, may want to raise. But we just voted Let me mention a few things about the presumption is that we are going to on it 3 weeks ago. We voted on this what this Nation is doing with regard have a nuclear device that we are going twice last year. This amendment to to its nuclear arsenal. We have already to use to take out a deeply buried tar- strike this language was defeated; the done more than any other nation in the get, which could be in a circumstance language was kept in the bill. Over- world to reduce our nuclear arsenal. where we would be contemplating the whelmingly, the Senate has main- We are committed to huge reductions first use of a nuclear weapon against tained its view that a study of this ro- in our nuclear weapons. In the last 15 one of these targets. We have to be bust nuclear earth penetrator is valid years, the number of U.S. deployed very sure that we have the kind of in- and needed and the Defense Depart- strategic warheads has declined from telligence that will support such ex- ment and the Energy Department have 10,000 to less than 6,000. Under the trea- traordinary use of military power. If certified to that and we ought to go ty we signed, the Moscow Treaty, we we reflect back on Operation Iraqi forward with it. But it is perfectly le- will reduce our strategic nuclear war- Freedom, we thought there were nu- gitimate that we talk about it. heads to between 1,700 and 2,200 by clear weapons—some people did. We I would just say this for emphasis, to 2012—from over 10,000. That is a huge thought there were chemical weapons follow up on Chairman WARNER’s com- reduction. In fact, we have already dis- and thought there were biological ments: The way this language is placed mantled more than 13,000 nuclear weap- weapons. Secretary Powell was before in this legislation, it mandates explic- ons since 1988 and eliminated nearly 90 the United Nations talking about these itly that the Department of Energy or percent of U.S. nonstrategic nuclear mobile biological vans. Department of Defense cannot go for- weapons. The reality is our intelligence was ward to commence development engi- (Mr. ALLARD assumed the Chair.) very poor; certainly not sufficient, in neering without the specific approval We have not produced high enriched my view, to justify the use of a nuclear of Congress. uranium for weapons since 1964, nor weapon like this. So there is a further This robust nuclear earth penetrator plutonium for weapons since 1988. In complication about ever using one of issue began being discussed by the fact, we are the only nuclear power in these weapons; and that is, would we military in 1985, and when the need was the world that has no capability at this have the intelligence to support, par- recognized, it was supported by the moment to produce nuclear weapons. ticularly, the first use of a nuclear Clinton administration Defense and We are simply relying on our old stock- weapon to take out a target like this? Energy Departments. Secretary pile, and that is a matter that a num- We do not need to spend $1 billion to O’Leary specifically supported this. ber of people are concerned about, but develop to the point of production an There were no limitations of the kind I it is true.

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.016 S22JYPT1 S8724 CONGRESSIONAL RECORD — SENATE July 22, 2005 As Senator ALLARD, now I see is the ment of low-yield tactical nuclear program is with a study, research, and Presiding Officer, who last year chaired weapons of under 5 kilotons, or battle- engineering. So it is true we are trying the strategic subcommittee in the field nuclear weapons. That is about a to catch it at the beginning. That is Armed Services Committee that deals third the force that was used at Hiro- not a bad thing. That is a very good with these issues, and I now chair that shima, a 15-kiloton weapon. That is thing. strategic subcommittee—has gone on not, as I say, in this bill. The money, as was stated accurately, to bigger and better things—but it is It started out with a plan to build a would go to the DC National Guard to an important subcommittee and it Modern Pit Facility which could enable it to prepare for possible ter- deals with the strategic defense of produce up to 450 new plutonium pits— rorist attacks in the Nation’s Capital. America. We are moving to incredible the pit being the trigger that detonates Many think this is a much more real- reductions in our nuclear weapons, but a nuclear weapon. If you take a good istic use of this money than a robust we are going to keep something like look, you know you do not need up to nuclear earth penetrator, especially 2,000. How does it threaten the world in 450 plutonium pits for replenishment of when the laws of physics say it is im- peace and make us a warmonger, if we the existing nuclear arsenal. You may possible to drive a missile deep enough can design and make a few of those need 40 to 60. So if you put forward up in the Earth to prevent the spewing of weapons capable of being effective to 450 plutonium pits, to me it is an in- hundreds of millions of cubic yards of against hardened targets? dicator that there is a broader program radioactive waste and cause the death Let’s be realistic. People say, ‘‘This afoot. of hundreds of thousands, if not mil- is a new weapon. This is a new weap- Part of this is also an increase of the lions of people. on,’’ even when we get to the bottom, time to test readiness from 3 years to It is true, we had this debate 3 weeks 2,000 or more nuclear weapons. What is 18 months. What that says is: Beware, ago on the Energy and Water appro- wrong if we have figured out a way to something is going on. We want to be priations bill. That was the other half use a targeted nuclear weapon to deal able to resume testing and we do not of this request. We were not successful with a hardened site? It makes a lot of want to resume testing within the nor- with that vote. We said we would be sense. It certainly does not indicate we mal 3-year delay, we want to move that back to debate this issue. And we will are in a warmongering mode. up to 18 months. So, something is be back again and again and again I have a number of other things I cooking. until we are able to defeat this effort. would say on this subject. I see the The fact is, no one should doubt this It is morally wrong and I believe it Senator from California is here. I am authorization enables the reopening of jeopardizes the national security of our pleased to yield the floor. I assume the the nuclear door to the creation of a country. Senator from California is talking on new generation of nuclear weapons, in The House has had the good sense to Armed Services issues? this case, a robust nuclear earth pene- decisively eliminate funding for the ro- Mrs. FEINSTEIN. Yes. trator of 1 megaton. This is a major ef- bust nuclear earth penetrator, first Mr. SESSIONS. I yield the floor. fort. under the leadership of Representative The PRESIDING OFFICER (Mr. SES- It is true, we fenced it, as the Sen- DAVID HOBSON, the chairman of the En- SIONS). The Senator from California is ator from Alabama pointed out. Before ergy and Water Appropriations Sub- recognized. it goes beyond the engineering stage, it committee. That bill eliminated the $4 Mrs. FEINSTEIN. I thank the Chair. must come back to this Senate for ap- million for the Department of Energy I also thank the distinguished Senator proval. But that does not signify that portion of the robust nuclear earth from Alabama. there is not a new generation of nu- penetrator. Second, the House fiscal I wish to speak on the bill. There is clear weapons being studied, re- year 2006 Defense appropriations bill probably no one in the Senate I have searched, advanced, and authorized in limits research for a bunker buster to a greater respect for than the chairman this bill, specifically the $4 million for conventional program. Finally, during of the Committee on Armed Services. the robust nuclear earth penetrator. its mark of the 2006 Defense authoriza- He certainly does know his material. Our intention is being signaled to the tion bill—that is the companion to the He certainly has put in the years. He rest of the world. The Department has bill we are talking about this morn- certainly has done the work. been clever in not revealing its hand. ing—the House Armed Services Com- I very profoundly disagree with what No longer does it provide the 5-year mittee eliminated all of the Depart- he has said with respect to the robust cost of this study as it did last year. No ment of Energy funding for the robust nuclear earth penetrator. We have longer does it mention this effort in its nuclear earth penetrator and trans- heard this is only a study, that it is statement of administration policy. ferred the $4 million to the Air Force minor in scope, that we have debated The statement of administration poli- budget for work on a conventional non- this before. It is certainly true, we cies on the House Defense Authoriza- nuclear version. So there is a growing have debated this before. We debated it tion and House Energy and Water Ap- body of thought in three specific ef- before because we feel strongly about propriations bills do not mention a ro- forts successfully concluded by the this issue. We have debated it before bust nuclear earth penetrator. Rather, House of Representatives that says we because the Congress eliminated the the attempt was to cloak the study in should not proceed with this program. money last year. We have debated it some kind of obfuscation, to divide it Let me recap: The House Energy and before because we have a strong pas- between two budgets—Energy and De- Water appropriations bill eliminates $4 sion and belief that this is the wrong fense—half, $4 million here, the other million. The House 2006 Defense appro- way for our Nation to go. The fact that $4.5 million in the other budget, with priations bill limits research to a con- we have debated this issue before—Sen- the hope that if one fails, the other will ventional program. And finally, the ator KENNEDY, Senator REED, Senator get through. House Armed Services Committee LEVIN, myself—does not in any way, But nonetheless, this is not minor in eliminated all of the Department of shape, or form downgrade or demean scope. The Modern Pit Facility which Energy funding for the nuclear earth our arguments. could produce up to 450 new plutonium penetrator and transferred it to work Let me discuss this program which is pits is not even being discussed. There on a conventional nonnuclear version. only ‘‘a study.’’ Let me discuss for a is supposed to be a study that will It will be a very hot conference com- moment the way this program started come back and indicate how many pits mittee on these items. But the House out. are necessary to replenish the present has taken the action in three ways It started with appropriations for the nuclear arsenal. That is not before the rather completely. study of a robust nuclear earth pene- Senate. That is in this bill. There is no We are not out on a limb. This is not trator with a 5-year budget projection study to indicate we need 450 pits some whim of a small faction of Mem- of $486 million. That is how it started. today to refresh the existing arsenal, bers of the Senate. We represent a ma- It also coincided with a program particularly when that arsenal is being jority of the Members of the House of called ‘‘advanced concepts initiatives’’ diminished in size. Representatives. I believe we represent which is not in this authorization but The intention is clear. Obviously, the a majority of thinking of the American which last year envisioned the develop- way you begin a new nuclear weapon people. Polls have been done which

VerDate Aug 04 2004 03:56 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.017 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8725 clearly show a bulk of the American RNEP could kill millions of people and begin production engineering by 2009. people are, in fact, not in support of RNEP would not be effective at destroying The FY06 budget request includes $4 million commencing this research, of doing chemical or biological agents for RNEP and $4.5 million to modify the B– this study. RNEP would not be effective at destroying 2 bomber to carry RNEP. Last year, David Let me give a fact sheet of a 2004 poll deep or widely separated bunkers. Hobson, Republican chair of the House Ap- THE ROBUST NUCLEAR EARTH PENETRATOR propriations Energy and Water Development brought to my attention by the Union Subcommittee, zeroed out FY05 funding for of Concerned Scientists. It found most The Robust Nuclear Earth Penetrator (RNEP): RNEP is a nuclear weapon that the program, stating, ‘‘we cannot advocate Americans do not support the develop- for nuclear nonproliferation around the ment of new nuclear weapons by the would burrow a few meters into the ground before exploding and thus generate a power- globe, while pursuing more usable nuclear United States. A substantial majority ful underground shock wave. Its hypo- weapons options here at home.’’ of Americans would oppose funding for thetical targets are deeply buried command AMERICANS OPPOSE NEW NUCLEAR WEAPONS the nuclear bunker buster. Sixty-five bunkers or underground storage sites con- A 2004 poll found that most Americans do percent of Americans say there is no taining chemical or biological agents. not support the development of new nuclear need for the United States to develop The RNEP design: Weapons designers at weapons by the United States and strongly new types of nuclear weapons. They Lawrence Livermore National Laboratory oppose the idea of the United States ever know what the Senator from Rhode Is- intend to use an existing high-yield nuclear using a nuclear weapon first. As Congress de- warhead—the 1.2–megaton B83 nuclear land pointed out, that there are con- bates funding for the Robust Nuclear Earth bomb—in a longer, stronger and heavier Penetrator (RNEP), these results are par- ventional bunker busters that should bomb casing. The B83 is the largest nuclear be developed. They know the key to ticularly relevant. Findings from the poll, weapon in the U.S. arsenal, and nearly 100 which was conducted by the Program on this is good intelligence as to vent times more powerful than the nuclear bomb International Policy Attitudes (PIPA), in- holes, ingress, egress areas, intel- used on Hiroshima. clude: ligence which can lead us to ferret out Technicai realities: According to several A substantial majority of Americans would a nuclear bunker buster. Sixty-three recent scientific studies, RNEP would not be oppose funding for the RNEP, or ‘‘bunker percent found convincing the argument effective at destroying many underground buster.’’ targets, and its use could result in the death 65% of Americans say there is no need for that the United States would be set- of millions of people. the United States to develop new types of ting a bad example by starting to de- RNEP would produce tremendous radio- nuclear weapons. velop new types of nuclear weapons, active fallout: A nuclear earth penetrator 63% found convincing the argument that and a large majority opposes using nu- cannot penetrate deep enough to contain the the United States would be setting a bad ex- nuclear fallout. Even the strongest casing clear weapons for anything other than ample by starting to develop new types of will crush itself by the time it penetrates 10– a deterrent to prevent other countries nuclear weapons. 30 feet into rock or concrete. For compari- from using nuclear weapons. Eighty- A large majority opposes using nuclear one percent oppose the Bush adminis- son, even a one-kiloton nuclear warhead (less than 1/10th as powerful as the Hiroshima weapons for anything other than a deterrent tration’s revelation that they would bomb) must be buried at least 200–300 feet to to prevent other countries from using nu- countenance a first use of nuclear contain its radioactive fallout. The high clear weapons. weapons. Eighty-four percent oppose yield RNEP will produce tremendous fallout 81% oppose the United States ever using the United States using threats of nu- that will drift for more than a thousand nuclear weapons first. clear retaliation to attempt a deter- miles downwind. As, Linton Brooks, the head 84% oppose the United States using threats rent attack on the United States with of the National Nuclear Security Adminis- of nuclear retaliation to attempt to deter an tration told Congress in April, the laws of attack on the United States with chemical chemical or biological weapons. And 57 or biological weapons. percent support the United States re- physics will [never allow a bomb to pene- trate] far enough to trap all fallout. This is 57% percent support the United States re- affirming a commitment to not use nu- a nuclear weapon that is going to be hugely affirming a commitment to not use nuclear clear weapons against countries that destructive over a large area.’’ weapons against countries that do not have do not have nuclear weapons as a way RNEP could kill millions of people: A sim- nuclear weapons, as a way of encouraging of encouraging those countries not to ulation of RNEP used against the Esfahan those countries not to acquire or build nu- acquire or build nuclear weapons. nuclear facility in Iran, using the software clear weapons. Americans have a clear preference developed for the Pentagon, showed that 3 Americans have a clear preference for a for a much smaller nuclear arsenal. million people would be killed by radiation much smaller U.S. nuclear arsenal. Based on this poll, a substantial major- within 2 weeks of the explosion, and 35 mil- 100—The median answer for the number of ity of Americans opposes the study lion people in Afghanistan, Pakistan and nuclear weapons Americans believe are need- India would be exposed to increased levels of ed to provide deterrence. into the nuclear bunker buster. These cancer-causing radiation. 6,000—The approximate number of U.S. nu- findings also show substantial distaste RNEP would not be effective at destroying clear weapons, with roughly 2,000 of these for nuclear weapons in general, with a chemical or biological agents: Unless the maintained on high alert status, ready to be clear preference for a small nuclear ar- weapon detonates nearly in the same room launched in a matter of minutes. senal designed only as a deterrent to with the agents, it will not destroy them. Based on this poll, a substantial majority prevent other countries from using nu- Because the United States is unlikely to of Americans would oppose research into the clear weapons. know the precise location, size and geometry RNEP, a new nuclear ‘‘bunker buster’’ sup- I ask unanimous consent this fact of underground bunkers, a nuclear attack on ported by the Bush administration. These a storage bunker containing chemical or bio- sheet from the Union of Concerned Sci- findings also show the U.S. public’s distaste logical agents would more likely spread for nuclear weapons in general, with a clear entists be printed in the RECORD. those agents into the environment, along There being no objection, the mate- preference for a small nuclear arsenal de- with the radioactive fallout. signed only as a deterrent to prevent other rial was ordered to be printed in the RNEP would not be effective against the countries from using nuclear weapons. RECORD, as follows: deepest or widely separated bunkers. The These poll results are from ‘‘Public Be- SUPPORT AMENDMENTS TO THE ENERGY & seismic shock produced by the RNEP could lieves Many Countries Still Secretly Pur- WATER APPROPRIATIONS BILL TO PREVENT only destroy bunkers to a depth of about a suing WMD,’’ a media release published by NEW NUCLEAR WEAPONS thousand feet. Modern bunkers can be deeper Program on International Policy Attitudes The Robust Nuclear Earth Penetrator than that, with a widely separated complex (PIPA) and Knowledge Networks. The poll (RNEP) is a proposed new nuclear weapon in- of connected rooms and tunnels. was conducted with a nationwide sample of tended to burrow a few meters into rock or There are more effective conventional al- 1,311 respondents from March 16–22, 2004. The concrete before exploding, thus generating a ternatives to RNEP: Current precision-guid- margin of error was plus or minus 2.8%–4.5%, powerful underground shock wave. Its in- ed conventional weapons can be used to cut depending on whether the question was ad- tended targets are deeply buried command off a bunker’s communications, power, and ministered to all or part of the sample. The bunkers or underground storage sites con- air, effectively keeping the enemy weapons release can be found at: http://www.pipa.org/ taining chemical or biological agents. underground and unusable until U.S. forces OnlineReports/WMD/ WMDpressll04ll Technical realities: secure them. Sealing chemical or biological 15ll04.pdf and the full poll at: http:// According to several recent scientific stud- agents underground is far more sensible than www.pipa.org/ OnlineReports/WMD/ ies, RNEP would have limited effectiveness trying to blow them up. WMDreportll04ll 15ll04.pdf. at destroying underground targets and would The RNEP budget: RNEP is not just a fea- have substantial drawbacks. Specifically. . . sibility study: DOE’s 2005 budget included a Mrs. FEINSTEIN. Let me point out, RNEP would produce tremendous radio- five-year projection—totaling $484.7 mil- House Armed Services Committee active fallout lion—to produce a completed warhead design member Sylvester Raiz stated that the

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.019 S22JYPT1 S8726 CONGRESSIONAL RECORD — SENATE July 22, 2005 House committee took the ‘‘N’’ or nu- So once again, the bottom line is undermine our nuclear nonprolifera- clear out of the robust nuclear earth that a bunker buster cannot penetrate tion efforts by telling the rest of the penetrator program. into the earth deep enough to avoid world that when it comes to nuclear Remember, last year, in this strong massive casualties, and there would be weapons, do as we say and not as we do. statement I have just told you about— the spewing of millions of cubic feet of That is hypocrisy, pure and simple. in the deletion of funding of the $27.5 radioactive materials into the atmos- How does that make us safer from the million for the earth penetrator and phere. This would result in the deaths prospect of nuclear terror? Answer: It the $9 million for advanced concepts of up to a million people or more if does not. that at the time included a study for used in densely populated areas. In a letter to committee members of the development of the low-yield nu- So why are we doing this? What kind the Senate Appropriations Committee, clear weapons—Republicans and Demo- of Machiavellian thinking is behind the Reverend John H. Ricard, bishop of crats, authorizers and appropriators this reopening of the nuclear door? Pensacola-Tallahassee and chairman of alike, joined together to send a clear Ambassador Linton Brooks of the the Committee on International Policy signal to the administration that the National Security Administration of the U.S. Conference of Catholic House and Senate would not support agrees with these findings. Earlier, in a Bishops, stated: moving forward with the development congressional hearing, Congresswoman Nations that see the U.S. expanding and di- of a new generation of nuclear weap- Ellen Tauscher asked him how deep he versifying our nuclear arsenal are encour- ons. If you consider this, along with thought a bunker buster could go. Here aged to seek or maintain nuclear deterrents the facts I have just revealed, based on is his answer from the transcript of the of their own and ignore nonproliferation ob- a polling of the American people, you House hearing. I quote: ligations. have to wonder why the administration . . . a couple of tens of meters maybe. I mean I could not agree more. comes back with a new request this certainly—I really must apologize for my How will a study of new nuclear year. lack of precision if we in the administration weapons help compel North Korea to In April of this year, a group of ex- have suggested that it was possible to have a abandon its nuclear program? It will bomb that penetrated far enough to trap all perts of the National Academies of not. It will do exactly the opposite. Sciences confirmed what we have long fallout. I don’t believe that—I don’t believe the laws of physics will ever let that be true. How will a study of new nuclear weap- argued—that according to the laws of And remember, we are talking about ons help convince the Iranians to re- physics, it is simply not possible for a spond and give up their own nuclear missile casing on a nuclear warhead to a 1-megaton bomb, 71 times the size of the bomb dropped on Hiroshima—71 weapons? Answer: It will not. Just as survive a thrust into the earth deep calling these nations part of the ‘‘axis enough to take out a hard and deeply times bigger than the 15-kiloton bomb. The devastation from using such a of evil’’ has done nothing but instill in buried military target without spewing them the desire to develop their own millions of tons of radiation into the weapon will be catastrophic. The National Academies of Sciences nuclear weapons programs. That, in atmosphere. fact, has been exactly the case. That is where we are—funding a study is the strongest evidence to date that we should not move forward with In both cases, a study to develop new study that the law of physics says will nuclear weapons, especially when we not work. It is folly to me. And the re- this study and that we should put a stop to it once and for all. Again, the already have a robust nuclear arsenal, percussions are enormous. The Na- only makes those weapons more impor- tional Academies of Sciences study, Senate should listen to the experts and follow the House’s lead. tant to those who do not yet have commissioned by Congress to study the them, such as Iran, or who refuse to anticipated health and environmental So what is the main argument from give them up, such as North Korea. effects of the nuclear earth penetrator, opponents of this amendment, such as And the proliferation of nuclear weap- found the following: that current expe- Secretary of Defense Donald Rumsfeld? ons only increases the chances of them rience and empirical predictions indi- Their argument is: This is just a study. falling into the hands of terrorists who cate that earth-penetrator weapons Nothing is going to happen. Nobody is will not be deterred by a nuclear bunk- cannot penetrate to depths required for going to get the idea: Oh, my goodness, er buster. total containment of the effects of a the United States is moving in this di- Secondly, a study will not change the nuclear explosion. It also found that in rection; we better move. North Korea: conclusions of the National Academies order to destroy hard and deeply buried They are coming after us; we better get of Sciences report: It is not possible to targets at 200 meters, or 656 feet, you there first. India, worried about Paki- develop a nuclear bunker buster that would need a 300-kiloton weapon. And stan: Let’s begin to develop it. Paki- can burrow deep enough into the earth in order to destroy a hard and deeply stan, worried about India: Let’s do the to contain massive amounts of radioac- buried target at 300 meters—that is 984 same thing. tivity fallout. The inevitable result feet—you would need a 1-megaton I do not believe for a second this is weapon. just a study. This is the beginning of a will be the deaths of up to a million The point is, the deeper the bunker, major effort to develop a new genera- people. the larger the nuclear blast must be, tion of nuclear weapons, and nobody So why do we do it? Physics says it and the greater the amount of nuclear should think it is anything else but cannot be done, and somebody in the fallout will be. that. Pentagon who does not know word one The number of casualties, they find, This year, the request is $8.5 million. about physics says it can be. Who do I from an earth-penetrator weapon deto- In fiscal year 2007, the request will in- trust? I do not trust the Pentagon, I do nated at a few meters’ depth, which is crease to $17.5 million, including $14 trust the Academies of Sciences, on all that can be achieved for all prac- million for the Department of Energy this point. This study will not change tical purposes, is equal to that of a sur- and $3.5 million for the Pentagon. And that simple fact. And as Ivan Oelrich of face burst of the same nuclear weapon. while the administration is silent this the Federation of American Scientists Do you know what we are contem- year on how much it plans to spend on points out: plating here, what that surface burst the program in future years, we should Any nation that can dig under a hundred would be? It would be the largest spew- not forget that last year’s budget re- meters of hard rock can dig under a kilo- ing of radioactivity in the history of quest called for spending $486 million meter of hard rock. the world. Enormous. If it were used in on the robust nuclear earth penetrator Our adversaries will only have to North Korea, it would spread to South over 5 years. So that part of the plan build a bunker deeper than 400 meters Korea and Japan. It is unthinkable. was revealed. This 5-year figure was to avoid the effects of a 1-megaton For attacks near or in densely popu- omitted this year, and that is deceiv- bomb that is 71 times bigger than Hiro- lated areas using nuclear earth-pene- ing, I believe. But even if you accept shima. It makes no sense. trator weapons on hard and deeply bur- the argument that this is just a study, Finally, a study will not change the ied targets, the number of casualties that does not justify moving forward fact that we need to improve our intel- would range from thousands to more with this program. ligence capabilities in relation to un- than a million, depending primarily on First, a study on the development of derground targets. Why aren’t we put- weapon yield. new nuclear weapons will still greatly ting that money into intelligence on

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.020 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8727 underground targets, where the vent We could have done that in Iraq. nuclear weapons on Hiroshima and Na- shafts are, where the aromas come up, What would have happened had we gasaki. In Hiroshima, 140,000 people where ingress, egress, and access is, to done this? Would a nuclear bunker died. In Nagasaki, 100,000 people lost pinpoint locations? What use is a nu- buster have been used in Iraq? I won- their lives. Two bombs, 240,000 people clear bunker buster if we cannot locate der. Fortunately, we will never know. dead. The 1-megaton bomb of the ro- and identify an underground target My point is, these policies encourage bust nuclear earth penetrator study is which, ladies and gentlemen, is today other nations to develop similar weap- 71 times bigger than the bomb at Hiro- the case? ons, thereby putting American lives at shima. That is what we are looking at. What would have been the con- risk and our national security interests For shame. sequences if we had used a nuclear at risk. This isn’t the example we What message do we send to the sur- bunker buster in Iraq to take out should set for the rest of the world. In- vivors of those attacks and to the bunkers filled with chemical and bio- deed, I believe the United States can friends and families of the victims by logical weapons—that did not exist? take several actions to make better use moving forward with a study to de- The fact is, we can improve our intel- of our resources and demonstrate our velop a nuclear bunker buster of 1 meg- ligence capabilities and locate and commitment to keeping the world’s aton? Let us acknowledge these anni- identify targets. We can use conven- most dangerous weapons out of the versaries and pay tribute to the vic- tional weapons with specialized deliv- world’s most dangerous hands. tims by putting a stop to this program ery systems to seal off their vulnerable First, we should work to strengthen once and for all. Let us work together points, such as air ducts and entrances the Nuclear Proliferation Treaty. Sen- on commonsense programs that will for personnel and equipment. ator HAGEL and I have introduced a make our country safer without re- We can also look at conventional sense of the Senate amendment to this opening the nuclear door. bunker busters. Last month, I was bill that calls on parties to the Nuclear I urge my colleagues to follow the briefed by Northrop Grumman on a Proliferation Treaty to insist on strict House lead, support this amendment program they are working on with Boe- compliance with the nonproliferation and kill this program. ing to develop a conventional bunker obligations of the treaty and to under- I yield the floor. buster—the Massive Ordnance Pene- take effective enforcement actions The ACTING PRESIDENT pro tem- trator—which is designed to go deeper against states that are in violation of pore. The Senator from Colorado. than any nuclear bunker buster and their obligations; to agree to establish Mr. LEVIN. Will the Senator from take out 25 percent of the underground more effective controls on sensitive Colorado yield for a unanimous consent and deeply buried targets. This is a technologies that can be used to request? 30,000-pound weapon, 20 feet in length, produce materials for nuclear weapons; Mr. ALLARD. Yes. with 6,000 pounds of high explosives. It to accelerate programs to safeguard Mr. LEVIN. I have talked to the will be delivered in a B–2 or B–52 bomb- and eliminate nuclear weapons usable chairman about this. I ask unanimous er. It can burrow 60 meters in the material to the highest standards to consent, with the concurrence of the ground through 5,000 PSI—pounds per prevent access by terrorists or other chairman, after Senator ALLARD has square inch—of reinforced concrete. It states; to agree that no state may completed, that the Chair then recog- will burrow 8 meters into the ground withdraw from the treaty and escape nize Senator SALAZAR, and following through 10,000 PSI reinforced concrete. responsibility for prior violations of Senator SALAZAR, that then Senator We have already spent $6 million on the treaty or retain access to con- DORGAN be recognized. It is a little bit this program, and design and ground trolled materials and equipment ac- out of order because we have been testing are scheduled to be completed quired for peaceful purposes; and to ac- going back and forth, but in terms of next year. Why are we doing this nu- celerate implementation of the NPT- time, I think it may be a fair appor- clear bunker buster that cannot be related disarmament obligations and tionment. done according to the law of physics? commitments that would, in par- Mr. WARNER. Reserving the right to We should focus on practical programs ticular, reduce the world’s stockpiles of object, I would like to amend it to en- such as the Northrop Grumman-Boeing nuclear weapons and weapons-grade able the distinguished Senator from program that will put these under- material. Alabama, whose subcommittee has ju- ground targets at risk without reopen- I urge my colleagues and the man- risdiction over at least one of the ing the nuclear door. agers of this bill to support our amend- amendments of Senator ALLARD, be Let me look once again at the poli- ment. cies underlying this request. Second, we should expand and accel- permitted to use such time as he de- The 2002 Nuclear Posture Review, erate Nunn-Lugar threat reduction sires in the colloquy between the three which is a white paper put out by the programs and provide the necessary re- Senators. administration—singularly overlooked sources to improve security and take Mr. LEVIN. I would ask Senator SES- by this body but read widely by the the rest of the Soviet era nuclear, SIONS if he could give us an idea as to rest of the world—places nuclear weap- chemical, and biological weapons arse- about how long he would be so Senator ons as part of the strategic triad, nals and infrastructure out of circula- DORGAN could plan his time. therefore blurring the distinction be- tion. Mr. SESSIONS. It would be no more tween the conventional and nuclear Third, we should strengthen and ex- than 5 minutes—less than that, prob- use. Why do this? One reason: It makes pand the ability of the Department of ably. them easier to use. It also discussed, Energy’s Global Threat Reduction Ini- Mr. LEVIN. Could we then amend the for the first time, seven countries that tiative to secure and remove nuclear unanimous consent request to include could be targets of U.S. nuclear weap- weapons-usable materials from vulner- Senator SESSIONS immediately fol- ons: Russia, China, Iraq, Iran, North able sites around the world. lowing Senator SALAZAR, then it would Korea, Libya, Syria. Last year, Senator DOMENICI and I go to Senator DORGAN. I did not write this. This is in the Nu- sponsored an amendment to the fiscal The ACTING PRESIDENT pro tem- clear Posture Review. Other nations year 2005 National Defense Authoriza- pore. Without objection, it is so or- have seen this. This is foolish. tion Act that authorized the Secretary dered. Secondly, National Security Direc- of Energy to lead an accelerated, com- The Senator from Colorado. tive-17, which came a few months later, prehensive, worldwide effort to secure, Mr. ALLARD. I thank the Chair. indicates that the United States will remove, and eliminate the threat by Madam President, I rise in opposition engage in a first use of nuclear weap- these materials. to the amendment to strike the $4 mil- ons—a historic statement in itself. We Finally, as I noted previously, we lion appropriation for the robust nu- have never said we would not engage in should improve our intelligence capa- clear earth penetrator commonly a first use. We have never said we bilities to locate and identify under- known as RNEP. There are some com- would engage in a first use. And here ground targets. There is a lot of im- ments made in the debate today to we say we would engage in a first use provement needed. which I would like to add my perspec- to respond to a chemical or biological In August, we will commemorate the tive because they were basically incor- attack. 60th anniversaries of the two uses of rect.

VerDate Aug 04 2004 01:45 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.021 S22JYPT1 S8728 CONGRESSIONAL RECORD — SENATE July 22, 2005 We have been debating this amend- ing such targets is a responsible step SEC. 330. LIFE CYCLE COST ESTIMATES FOR THE ment for the past 3 years. And we have for our country to take. As many as 70 DESTRUCTION OF LETHAL CHEM- ICAL MUNITIONS UNDER ASSEM- been passing this provision in the Sen- nations are developing or have built BLED CHEMICAL WEAPONS ALTER- ate, defeating any amendments to take hardened and deeply buried targets to NATIVES PROGRAM. it out of legislation. In all the testi- protect command and communications Upon completion of 60 percent of the de- mony I have had over the past 3 years and weapons of mass destruction pro- sign build at each site of the Assembled as chairman of the Strategic Sub- duction and storage assets. Of that Chemical Weapons Alternatives program, committee, which my distinguished the Program Manager for Assembled Chem- number, a number of nations have fa- ical Weapons Alternatives shall, after con- colleague from Alabama now chairs, cilities that are sufficiently hard and sultation with the congressional defense never once has anybody, in testifying deep enough that we cannot destroy committees, certify in writing to such com- before that committee, said that there most of them with our conventional mittees updated and revised life cycle cost will not be any nuclear fallout. Not weapons. Some of them are so sophisti- estimates for the destruction of lethal chem- once have they indicated that they felt cated that they are beyond the current ical munitions for each site under such pro- this was going to lead us into an arms U.S. nuclear weapons capability. gram. race. AMENDMENT NO. 1419 I believe it is prudent and imperative Here is what we have done. This is Mr. ALLARD. Madam President, I that we fund this study. I emphasize what they have talked about, taking ask unanimous consent to lay aside the again, this is a study on the potential some of the nuclear warheads that we pending amendment, and I call up capabilities to address this growing now have in our nuclear arsenal and re- amendment No. 1419. category of threat. designing those in a way in which they The ACTING PRESIDENT pro tem- might be more effective, if we happen Should the Department of Energy de- pore. Without objection, it is so or- to have a deep bunker that is posing a termine, through this study, that the dered. threat to Americans, whether Amer- robust nuclear earth penetrator can The clerk will report. ican soldiers or American citizens. meet the requirements to hold a hard The assistant legislative clerk read We need to have a study. That is and deeply buried target at risk, the as follows: what this provision is all about. What Department still could not proceed to The Senator from Colorado [Mr. ALLARD], we are talking about is reducing the full-scale weapon development, produc- for himself and Mr. SALAZAR, proposes an amount of collateral damage. That tion or deployment without an author- amendment numbered 1419. means reducing the amount of, per- ization and appropriation from Con- Mr. ALLARD. I ask unanimous con- haps, nuclear fallout or perhaps reduc- gress. Let me repeat that. The Depart- sent that reading of the amendment be ing the blast range because you take ment of Energy cannot go ahead, be- dispensed with. all that energy and you drive it down yond this study, without the express The ACTING PRESIDENT pro tem- into the ground instead of driving it in authorization or appropriation from pore. Without objection, it is so or- a horizontal direction, which obviously Congress. dered. means for collateral damage. They are Frankly, we should allow our weap- The amendment is as follows: talking about focusing the study on ons experts to determine if the robust (Purpose: To authorize a program to provide the B–83 warhead which is part of our nuclear earth penetrator could destroy health, medical, and life insurance benefits arsenal today. That is all we are talk- hardened and deeply buried targets. to workers at the Rocky Flats Environ- mental Technology Site, Colorado, who ing about, a study. We are going to be That is the purpose of the study. Then looking at the current arsenal makeup would otherwise fail to qualify for such Congress could have the information it benefits because of an early physical com- of weapons that we have to modify would need to make a responsible deci- pletion date) them to reduce collateral damage. I sion as to whether development of such On page 378, between lines 10 and 11, insert think that is a commendable goal. I a program is appropriate and necessary the following: think it warrants the support of the to maintain our Nation’s security. SEC. 3114. RETIREMENT BENEFITS FOR WORK- Members of the Senate. ERS AT ROCKY FLATS ENVIRON- Again, I urge my colleagues to op- This bill includes funding of $4 mil- MENTAL TECHNOLOGY SITE, COLO- lion to continue the Air Force-led fea- pose the amendment before us. RADO. sibility study. This is a study on the AMENDMENT NO. 1418 (a) PROGRAM AUTHORIZED.—Subject to the availability of funds under subsection (d), robust nuclear earth penetrator. This Mr. ALLARD. Madam President, I the Secretary of Energy shall establish a is not a new issue for Congress to con- ask unanimous consent to lay aside the program for the purposes of providing sider. In both the defense authorization pending amendment so I may offer a health, medical, and life insurance benefits and the Energy and Water appropria- number of amendments. to workers at the Rocky Flats Environ- tions bills, amendments have been of- The ACTING PRESIDENT pro tem- mental Technology Site, Colorado (in this fered to cut all funding for the robust pore. Without objection, it is so or- section referred to as the ‘‘Site’’), who do not qualify for such benefits because the phys- nuclear earth penetrator. These dered. amendments have been defeated on ical completion date was achieved before De- Mr. ALLARD. Madam President, I multiple occasions. cember 15, 2006. (b) ELIGIBILITY FOR BENEFITS.—A worker at The purpose of the RNEP feasibility send to the desk amendment No. 1418. The ACTING PRESIDENT pro tem- the Site is eligible for health, medical, and study is to determine if an existing nu- life insurance benefits under the program de- clear weapon can be modified to pene- pore. The clerk will report. scribed in subsection (a) if the employee— trate into hard rock in order to destroy The assistant legislative clerk read (1) was employed by the Department of En- a deeply buried target that could be as follows: ergy, or by contract or first or second tier subcontract to perform cleanup, security, or hiding weapons of mass destruction or The Senator from Colorado [Mr. ALLARD], administrative duties or responsibilities at command and control assets. The De- for himself and Mr. MCCONNELL, proposes an the Site on September 29, 2003; and partment of Energy has modified nu- amendment numbered 1418. clear weapons in the past to modernize (2) would have achieved applicable eligi- Mr. ALLARD. I ask unanimous con- bility requirements for health, medical, and their safety and security and reli- sent that reading of the amendment be life insurance benefits as defined in the Site ability aspects. We have also modified dispensed with. retirement benefit plan documents if the existing nuclear weapons to meet our The ACTING PRESIDENT pro tem- physical completion date had been achieved new military requirements. Under the on December 15, 2006, as specified in the Site Clinton administration, we modified pore. Without objection, it is so or- project completion contract. the B–61 so it could penetrate frozen dered. (c) DEFINITIONS.—In this section: soils. The RNEP feasibility study is The amendment is as follows: (1) HEALTH, MEDICAL, AND LIFE INSURANCE narrowly focused to determine whether BENEFITS.—The term ‘‘health, medical, and (Purpose: To require life cycle cost estimates life insurance benefits’’ means those benefits the B–83 warhead can be modified to for the destruction of lethal chemical mu- that workers at the Site are eligible for penetrate hard rock or reinforced un- nitions under the Assembled Chemical through collective bargaining agreements, derground facilities. Weapons Alternatives program) projects, or contracts for work scope. Funding research on options, both On page 66, after line 22, insert the fol- (2) PHYSICAL COMPLETION DATE.—The term nuclear and conventional, for attack- lowing: ‘‘physical completion date’’ means the date

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.024 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8729 the Site contractor has completed all serv- The cleaning and eventual demol- me. In fact, it appears that Kaiser-Hill ices required by the Site project completion ishing of these buildings was just the and the workers at Rocky Flats are far contract other than close-out tasks and serv- beginning. Hundreds of vials of con- exceeding their cleanup commitments. ices related to plan sponsorship and manage- taminated process piping interlaced I cannot express the full extent of ment of post-project completion retirement benefits. the complex. More than a dozen infin- how proud I am of their achievement. (3) PLAN SPONSORSHIP AND PROGRAM MAN- ity rooms were so contaminated that Listen to some of their accomplish- AGEMENT OF POST-PROJECT COMPLETION RE- they had been sealed and abandoned— ments: All weapons grade plutonium TIREMENT BENEFITS.—The term ‘‘plan spon- some for as long as 30 years. Hundreds was removed in 2003. sorship and program management of post- of tons of plutonium compound, ura- More than 1,400 contaminated glove project completion retirement benefits’’ nium byproducts, and other radioactive boxes and hundreds of process tanks means those duties and responsibilities that and toxic residues remained at Rocky have been removed. are necessary to execute, and are consistent Flats. More than 400,000 cubic meters of with, the terms and legal responsibilities of Yet the workers at Rocky Flats were low-level radioactive waste has been the instrument under which the post-project completion retirement benefits are provided not deterred. They had built compo- removed. to workers at the Site. nents using some of the most dan- Six hundred and fifty of the eight (d) AUTHORIZATION OF APPROPRIATIONS.—Of gerous substances the world has ever hundred and two facilities have been the amounts authorized to be appropriated known. Now they were ready to tackle demolished. to the Secretary of Energy in fiscal year 2006 one of the most dangerous cleanup All four uranium production facili- for the Rocky Flats Environmental Tech- projects ever contemplated. ties have been demolished. nology Site, $15,000,000 shall be made avail- In 1992, Rocky Flats was transferred All five plutonium production facili- able to the Secretary to carry out the pro- gram described in subsection (a). to the DOE’s environmental manage- ties have been demolished or will be ment program for the purpose of clean- within the next 3 months. Mr. ALLARD. Madam President, I ing up the contamination and waste. Three hundred and ten of three hun- rise to discuss amendment No. 1419 and dred and sixty sites of soil contamina- the incredible achievements of the Few knew where to begin. The unprece- tion have been remediated. workers at the Department of Energy’s dented size and magnitude of the The last shipment of transuranic Rocky Flats environmental technology project was simply daunting. It took waste was shipped this past April. site and to offer an amendment on be- years to just figure out the best ap- It now appears that the cleanup of half of these workers. Rocky Flats is proach to the project. The expected Rocky Flats will be completed—com- located a few miles northwest of Den- cost was also staggering. In 1995, the pleted—as early as this October, a full ver, CO. For four decades, this facility cleanup was predicted to cost upward year ahead of schedule, and save the was the Department of Energy’s dedi- of $35 billion and to take 70 years to American taxpayers not thousands, not cated site for manufacturing pluto- complete. millions, but billions upon billions of nium pits for the U.S. nuclear weapons When I came to the Senate in 1996, dollars. stockpile. the cleanup of Rocky Flats had been This highly classified production fa- dragging out for nearly 4 years with Mr. President, you can only appre- cility was run by over 8,000 Coloradans little progress. Tons of weapons-grade ciate the magnitude of this accom- who worked day and night for most of plutonium remained and most build- plishment when you realize that within the Cold War and used some of the ings at Rocky Flats had not been 6 years, Rocky Flats will have been most dangerous substances known to touched. More than 2 million 55-gallon transformed from one of the dangerous man, including plutonium, beryllium, drums of waste needed to be removed. places on Earth to a beautiful and safe and uranium. The workers at Rocky I found this lack of progress simply natural wildlife refuge. Flats were devoted to their jobs and be- unacceptable. The safety of the people I applaud the leadership provided by lieved in their mission. They risked of Colorado was at risk and the Amer- CH2M HILL. The management expert their lives on a daily basis and did so ican taxpayer could ill afford to allow provided by this company was critical with the knowledge that their efforts this project to drag on indefinitely. At to this effort. Kaiser-Hill took the were contributing to the security of my urging, the DOE, in 2000, finally put challenge head on despite the tough our Nation. They are heroes of the Cold the resources into accelerating the schedule and limited funding. The com- War and have earned our respect, admi- cleanup of Rocky Flats. Under the pany can be proud of its accomplish- ration, and our appreciation. leadership of then-Under Secretary Bob ments and its contribution to the safe- When plutonium pit production Card, and then-Assistant Secretary ty of the people of Colorado. ended in 1991, it was unclear what role Jesse Roberson, the DOE took the un- Yet CH2M HILL could not have these workers would play in the clean- precedented step of rethinking its ap- achieved the demanding goals estab- up of Rocky Flats. They could have proach to the cleanup. These creative lished by the Department of Energy walked away from the job. They had leaders challenged the lead contractor, without the hard work and determina- performed their duty with excellence CH2M HILL, and the workers at Rocky tion of the Rocky Flats workers. Most for nearly 40 years. No one could ask Flats to move much more aggressively. of these workers had to literally de- them to do more. Yet the workers at They were given the seemingly impos- velop an entire new skill set. They Rocky Flats were not ready to quit. sible mission of completing the cleanup went from manufacturing plutonium They saw a new challenge in front of of the massive contamination at Rocky pits to dismantling glove boxes. They them—a challenge they could not walk Flats by 2007, at a cost of less than $7 cleaned up rooms that were so con- away from. They knew the cleanup billion. taminated that they were forced to use would be difficult and very dangerous, Most scoffed at this approach. They the highest level of respiratory protec- but they were not deterred. believed there would be considerable tion available. These workers stayed and, over the cost overruns and schedule delays. Perhaps more important, these work- next decade, they performed magnifi- They didn’t think CH2M HILL could ef- ers were extraordinarily productive cently. Their task was anything but fectively execute this kind of contract. even though they knew they were es- simple. Five large plutonium proc- Most of all, they doubted the commit- sentially working themselves out of a essing facilities encompassing over a ment of the workers at Rocky Flats. job. With the completion of the clean- million square feet were highly con- They could not fathom why these up and closure of Rocky Flats, they taminated with dangerous radioactive workers would work themselves out of knew they would have to find employ- material. The contamination was so se- a job. Even the GAO doubted the abil- ment elsewhere. There was no guar- vere that these buildings were ranked ity of the workers at Rocky Flats to antee that the next job would pay as among the top 10 contaminated facili- ship massive quantities of waste re- much or provide the same level of ben- ties in the DOE nuclear weapons com- quired to achieve closure by 2006. efits. plex. Building No. 771, in particular, I, however, had faith in the workers Despite knowing they were going to was even singled out by the national at Rocky Flats. I am pleased to state lose their jobs, the workers at Rocky media as ‘‘the most dangerous building today that Kaiser-Hill and the workers Flats remained highly motivated and in America.’’ at Rocky Flats have not disappointed totally committed to their cleanup

VerDate Aug 04 2004 03:56 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.004 S22JYPT1 S8730 CONGRESSIONAL RECORD — SENATE July 22, 2005 mission. They believed in what they These workers would have received mistake before the Department’s fool- were doing and worked hard to clean retirement benefits had the cleanup ishness costs the American taxpayers up the facility as quickly and as safely continued to 2035, as originally pre- even more money in the future. as possible. They achieved more in less dicted. The workers would have re- I yield the floor. time and with less money than anyone ceived their retirement benefits had Mr. SESSIONS. Madam President, I dreamed possible. I am proud of the the cleanup continued to December 15, think under the UC, I was given a few workers at Rocky Flats. I believe they 2006, as the site contract specified. But minutes. have once again earned our Nation’s by accelerating the cleanup by over a The ACTING PRESIDENT pro tem- sincere appreciation and respect. year and saving the taxpayers hun- pore. The Senator from Alabama. Given the sacrifice and dedication dreds of millions of dollars, these Mr. SESSIONS. Madam President, I demonstrated by these workers, you workers are left without the retire- thank Senator ALLARD for his leader- would think the Department of Energy ment benefits they deserve and, I feel, ship in the Senate and for his leader- would do everything it could to ensure have justly earned. ship on nuclear issues. There is no one that these workers received the com- Mr. President, the Department’s re- who understands the issue more. No pensation and benefits they have fusal to provide these benefits has one has been more committed to effec- earned. ramifications far beyond Rocky Flats. tively and efficiently eliminating the You would think assisting those Because Rocky Flats is the first major difficulties at Rocky Flats than he has, workers who lose their retirement ben- DOE cleanup site, workers at other and the Nation is in his debt. That I efits because of the early completion of sites around the country are watching say with certainty. the cleanup would be a top priority of to see how the DOE treats the workers At one time in my life, I was a U.S. the Department. After all, these work- at Rocky Flats. Unfortunately, they attorney and am aware that Federal of- ers saved the Department billions upon have seen how the DOE has failed to ficials are limited in certain of their billions in cleanup costs. step up and provide retirement benefits powers. Somebody might say they have Last year, it became clear to the to those who have earned it. earned something, but maybe they DOE and to me that the cleanup at The workers at other sites now have have not legally earned it. And if they Rocky Flats could be completed much no incentive to accelerate cleanup. have not legally earned it, they cannot earlier than anyone expected. The Why should they? The Department of be paid for it. workers were supportive of early clo- Energy hasn’t lifted a finger to help I don’t know where we will come out sure but were concerned that some of the workers at Rocky Flats. It would with this amendment the Senator has their colleagues would lose retirement be foolish for workers at other sites to offered. I know how committed Senator benefits because of early closure. think the DOE would act fairly with ALLARD and Senator SALAZAR are to I share their concern and requested them if they accelerated cleanup. helping these employees, but I note in last year’s Defense authorization To me, the Department’s decision is that as I understand it, these are not bill that the DOE provide Congress penny-wise and pound-foolish. By re- governmental employees but employ- with a report on the number of workers fusing to provide these benefits, the ees of a private contractor. That com- who would not receive retirement bene- Department saves money in the short plicates matters, to say the least. fits and the cost of providing these ben- term. Yet by discouraging the workers We are talking about providing bene- efits. After a lengthy delay, the DOE from supporting acceleration, the De- fits to employees of a private con- reported that about 29 workers would partment is going to cost the American tractor over and above the collective not receive pension and/or lifetime taxpayers hundreds of millions in addi- bargaining agreement they had. Since medical benefits because of early clo- tional funding in the long run. this program has been scheduled to be sure. The cost of providing benefits to I believe Congress needs to correct completed, they did have benefits in these workers is estimated to be just the Department’s mistake before it is the agreement for them for early ter- over $12 million. too late. mination and early generous payments To my dismay, I discovered the Today, I offer an amendment that when this contract ended. DOE’s report was woefully incomplete. will provide some of the benefits to I say to my friend how much I re- I was subsequently informed that at those workers who have lost them be- spect him. I am telling you, Madam least another 50 workers would have cause of early closure. I am pleased President, he is working. He has al- qualified for retirement benefits had that my colleague from Colorado, Sen- most shut down the Senate over this the DOE bothered to include those ator SALAZAR, has agreed to cosponsor issue, but I am not sure we can ask the workers who had already been laid off this important amendment. I support Department of Energy and I am not because of the accelerated closure his bipartisan effort. The amendment sure this Congress can take this step. schedule. is narrowly focused on providing We are closing BRAC sites around the Mr. President, this means as many as health, medical, and life insurance ben- country. We have a chemical weapons 75 workers at Rocky Flats will lose efits to those workers affected. facility in my State destroying poison their pensions, medical benefits, or, in This amendment is limited in the gases. I hope it finishes early. I am not some cases, both because they worked funding it provides. It is solely focused sure we can give every private con- faster, less expensively, and achieved on providing these benefits to those tractor employee a bonus. Presumably more than they were supposed to. They workers who would have received the company had that in their con- not only worked themselves out of a health, medical, and life insurance ben- tract. job but also out of retirement benefits efits had the site remained open until Those are the problems with which and medical care. December 15, 2005, the date of the site we are dealing. It is not a lack of con- I find the Department of Energy’s re- cleanup contract. cern. It is real difficulties that exist. I fusal to pay these benefits to be out- To be clear, these benefits are not an salute both Senators from Colorado for rageous. additional bonus for a job well done, their interest in these employees. I Many of the workers at Rocky Flats nor is it a going away present for those share those concerns. served our Nation for over two decades. two decades of service. The health, Mr. ALLARD. Will the Senator from They have risked their lives day in and medical, and life insurance benefits are Alabama yield? day out, first by building nuclear weap- what these workers have already Mr. SESSIONS. I will be pleased to on components, and then by cleaning earned—nothing more, nothing less. yield. I have just a minute, as I know up some of the most contaminated I urge my colleagues to support this the Presiding Officer is committed to buildings in the world. All they have amendment. These workers have leaving and I am supposed to replace asked for in return is to be treated earned these benefits, and it is up to her. with fairness and honesty. this body to see they receive it. Mr. ALLARD. Madam President, I To my disappointment, and to the Let’s not let the bureaucrats in the appreciate the fine work of the Senator disappointment of the workers at Department of Energy tarnish the from Alabama, a good friend of mine. Rocky Flats, the DOE cannot seem to credibility of the Federal Government. There are a couple points I would like keep its end of the bargain. It is time for this body to correct this to make.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.028 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8731 The workers at Rocky Flats were ment of Energy complex today, there FEINSTEIN was speaking on it when I paid by Federal dollars. They were not are numerous sites that are undergoing came to the Chamber today. That is technically employed by the Federal very difficult, very complex, and very the question of money that is des- Government. Their benefits were paid expensive cleanups. The men and ignated to begin research on the con- by the Federal Government. There is a women of Rocky Flats, who have been struction, hopefully, according to those commitment there, in my view. This working there for decades, have been who want it, of an earth penetrating amendment tries to correct any legal the ones who have taught the United bunker buster nuclear weapon. problems we may have there. States of America, including the De- There is somewhere in the neighbor- Again, I appreciate the concern and partment of Energy, what it is we have hood of 25,000 to 30,000 nuclear weapons interest the chairman of the Sub- to do to make sure we can move for- on this Earth. Mr. President, 25,000 to committee on Strategic Affairs has to- ward with an efficient, effective clean- 30,000 nuclear weapons exist on this ward this issue. I hope somehow we can up that will cost less money. Earth. And now we have people talking resolve this in all fairness, not only to Indeed, the contract for the cleanup about building new nuclear weapons in the taxpayers but also to the workers. of Rocky Flats had called for that con- this country, building designer nuclear Mr. SESSIONS. I thank the Senator. tract to be completed at the end of this weapons, creating a new category of The ACTING PRESIDENT pro tem- year, 2005. But because of the good nuclear weapons, beginning to test nu- pore. The Senator from Virginia. work of the men and women at Rocky clear weapons once again. That strikes Mr. WARNER. Madam President, be- Flats, that schedule has been expe- me as pretty foolhardy because our re- fore my colleagues depart—I have been dited. sponsibility as the world’s superpower engaged in a wide variety of activities Indeed, when one looks back at the is to lead in a direction that tries to here—can the Senator advise me, history of Rocky Flats over the last prevent nuclear weapons from ever en- through the Chair, are these to be several years, there was a time when it tering into the hands of terrorists or pending amendments to be voted on? Is was thought Rocky Flats would not be rogue nations or adversaries. Our lead- there to be a further period of debate? cleaned up and ready for closure until ership responsibility is to try to stop We want to accommodate the Senator’s 2010. Later it was 2007, and moved back the spread of nuclear weapons, to con- desire if he could give us a clarification to 2006. Yet employees working with vince others not to build nuclear weap- of the procedures he hopes to have. CH2M HILL at Rocky Flats have ons. Mr. ALLARD. Madam President, we brought the conclusion of Rocky Flats Let me read from Time magazine, may very well have to vote on these to probably October of this year, which pending amendments. I would like to March 11, 2002. is only a few months away. For a few harrowing weeks last fall, a have them available for that purpose. I For the employees who worked at would like to continue to talk with the group of U.S. officials believed that the Rocky Flats during this timeframe, worst nightmare of their lives—something staff of the Department of Energy and they had an expectation that the con- even more horrific than 9/11—was about to the chairman and his staff. But if nec- tract would be in place through the end come true. In October, an intelligence alert essary, I would like to have an oppor- of December 31, 2005. The amendment went out to a small number of Government tunity to have a vote on this amend- which has been authored by Senator agencies, including the Energy Department’s ment. ALLARD and by myself and offered to top secret Nuclear Emergency Search Team Mr. WARNER. Would the Senator our colleagues to consider simply rec- based in Nevada. The report said terrorists consider seeking the votes now so they were thought to have obtained a 10-kiloton ognizes the contribution of these em- nuclear weapon from the Russian arsenal are in that category? Does the Senator ployees so they are, in fact, made wish to have a rollcall vote, Madam and planned to smuggle it into New York whole. City. President? With all due respect to my friend The source of the report was an agent code Mr. ALLARD. The proper request is, from Alabama, I have to say these em- name Dragonfire who intelligence officials I ask for their consideration. ployees were Federal employees and believed was of ‘‘undetermined’’ reliability. The ACTING PRESIDENT pro tem- were brought in to continue the work But Dragonfire’s claim tracked with a report pore. The amendments are pending. that had to be done there at Rocky from a Russian general who believed his Mr. WARNER. I think that is suffi- forces were missing a 10-kiloton nuclear cient clarification. Flats with respect to the cleanup. The amount of money we are asking weapon. Mr. ALLARD. We would like to have Since the mid-’90s, proliferation experts a vote on the amendments. for in this amendment is a small have suspected that several portable nuclear Mr. WARNER. At the appropriate amount relative to the billions and bil- devices might be missing from the Russian time, we can arrange that. lions of dollars that have been spent in stockpile. That made this Dragonfire report I thank the distinguished Senators the Department of Energy complex and alarming. So did this: Detonated in lower from Colorado. cleanups that have not been as success- Manhattan, a 10-kiloton bomb would kill The ACTING PRESIDENT pro tem- ful as the one at Rocky Flats. some 100,000 civilians. . . . And counterter- pore. The Senator from Colorado. I join my colleague Senator ALLARD rorist investigators there went on their high- est state of alert. Mr. SALAZAR. Madam President, I in urging bipartisan support for this rise in strong support of amendment amendment because it recognizes, first, That was from Time magazine, No. 1419 offered by Senator ALLARD, my the men and women who helped us March of 2002. Many of us heard reports good friend from Colorado. I fully sup- bring about the end of the Cold War of this before. It said following 9/11 in port it. I think it demonstrates the bi- and, second, the men and women who October of that year, there was a partisan nature of this particular helped us demonstrate to this country rumor that intelligence officials took amendment. how it is you take a facility contami- seriously that terrorists had acquired a Let me make two points with respect nated with plutonium and how it is you nuclear weapon and were intending to to Rocky Flats. First and foremost, I clean it up in record time, and which smuggle that nuclear weapon into a think this Nation should be very grate- will serve as a model for America as we major American city and detonate it. ful to the workers of Rocky Flats for move forward in the cleanup of DOE fa- Interestingly, no one believed it was having done what they did during al- cilities. impossible for someone to have ob- most five decades to make sure we did I yield the floor. tained a nuclear weapon. There are everything within our power to bring The PRESIDING OFFICER (Mr. SES- 25,000 to 30,000 nuclear weapons on this about an end to the Cold War. The men SIONS). The Senator from North Da- Earth. We hear the stories about the and women who worked at Rocky Flats kota. then-Russian nuclear stockpile of thou- were principally responsible for cre- AMENDMENT NO. 1415 sands of weapons without adequate ating the nuclear arsenal we had in our Mr. DORGAN. Mr. President, I have control and maintenance, some reports Nation that allowed us to be strong come to the floor to offer a couple of about the command and control of during the Cold War, that allowed us to amendments. First I will say a few those weapons being dealt with with then bring the Cold War to an end. words about the amendment offered by pencil notations and notebook paper. At the same time, it is important for the Senator from Massachusetts and So it was not beyond the pale that us to recognize that within the Depart- the Senator from California. Senator someone could have stolen a nuclear

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.030 S22JYPT1 S8732 CONGRESSIONAL RECORD — SENATE July 22, 2005 weapon. Neither did intelligence offi- I have great concern about those who that desperately wish to acquire them, cials doubt that having stolen a nu- talk so easily about our country build- and to safeguard the nuclear weapons clear weapon, terrorists would be able ing new nuclear weapons, perhaps even that already exist in our arsenal to to find a way to detonate a nuclear using a nuclear weapon. We have heard make certain that they are not ac- weapon. that language in recent years, talking quired by other interests. Why do I mention this? Because with about the need to create designer nu- That is a diversion from the point I the thousands of nuclear weapons that clear weapons. Our responsibility is far was making but an important one, I exist in this world, the acquisition of greater than that. I believe our respon- think. I came here to say that I sup- one nuclear bomb by a terrorist group sibility as a world leader is to lead in port the amendment that has been of- detonated in a major city in this coun- the direction of preventing the spread fered today. I do not support the spend- try or in other countries will cause a of nuclear weapons; to do everything ing of money for the development of a catastrophe unlike any we have ever humanly possible to prevent the spread designer nuclear weapon, bunker bust- known. of nuclear weapons; to do everything ers, whatever it might be called. It (Mr. LUGAR assumed the Chair.) humanly possible to control the nu- seems to me that is moving in exactly That ought to persuade us that our clear weapons that now exist and safe- the wrong direction. responsibility is to do everything hu- guard those nuclear weapons that now Since I think the most likely threat manly possible, as the world’s most exist. is a stolen nuclear weapon put in the powerful nation, to stop the spread of Since the Presiding Officer is from trunk of a rusty car at an American nuclear weapons, to prevent terrorists the State of Ohio, I will show some- dock or an American city, I would hope in rogue nations from ever acquiring thing I have shown many times that is that we would begin to spend as much nuclear weapons, and to begin reducing in my desk. I ask unanimous consent time and resources dealing with the the number of nuclear weapons. That is to show my colleagues two pieces of in- most likely threats as we do dealing our leadership responsibility. That re- formation. with the most unlikely threat, and sponsibility falls to our country and The PRESIDING OFFICER. Without that is the spending of billions and bil- yet we have people who say, well, not objection, it is so ordered. lions of dollars to create an electronic to worry about that; in fact, let us talk Mr. DORGAN. This happens to be catcher’s mitt, an antiballistic missile about building new nuclear weapons; from a wing strut of a backfire bomber system, in the belief that a rogue na- let us design different nuclear weapons. that the Soviets used to fly when we tion or a terrorist would acquire an There is even talk about potentially were in the Cold War. My assumption ICBM and then arm it with a nuclear using a nuclear weapon. There is dis- perhaps is that this bomber carried nu- warhead. cussion about beginning testing nu- clear weapons. In the Cold War, the nu- Could that conceivably happen? Per- clear weapons. I think that sort of clear weapons on top of missiles were haps, but it is the least likely threat thing is reckless because it sends a sig- aimed at our country. The nuclear we face from terrorists. The most like- nal to the rest of the world that we are weapons carried in the bomb bay of a ly threat is the theft of a nuclear weap- not really serious about trying to re- backfire bomber did not mean good on and the placement of that in the duce the number of nuclear weapons in things for our country. trunk of a car or in a container on a this world. How did I acquire a piece of an air- ship, and I hope we will spend as much We should be serious about it. It plane that was part of a Soviet bomb- time worrying about that and dealing ought to be the highest priority for er? This happens to be sawed off the with that as we do the other. this country to stop the spread of nu- wing of that airplane. It was sawed off Again, that is sort of a long way of clear weapons, halt the ability of ter- the wing of an airplane at American saying I support the amendment that rorists to ever acquire a nuclear weap- taxpayer expense, one of the most suc- has been offered to strip the funding on with which they would threaten cessful things we have ever done. The for the robust nuclear earth penetrator thousands, tens of thousands, hundreds reason I mention it now is the Pre- bunker buster. of thousands of people. siding Officer’s name is on that legisla- AMENDMENT NO. 1426 This Defense authorization bill is tion, and through a program advanced I send an amendment to the desk, spending a great deal of money on an by Senators LUGAR and NUNN, we have and ask for its immediate consider- antiballistic missile defense system, had remarkable success in reducing the ation. kind of a catcher’s mitt, in case a ter- weapons delivery systems. The PRESIDING OFFICER. Without rorist organization or rogue nation This is from a bomber. This is the objection, the pending amendment is would launch an intercontinental bal- ground-up copper wire of a submarine laid aside. listic missile against our country with that used to stealthily move under the The clerk will report. a nuclear warhead. This antiballistic waters of our oceans, again with nu- The assistant legislative clerk read missile program is kind of a catcher’s clear weapons, with warheads prepared as follows: mitt to go up and catch a speeding bul- to aim at American cities. How did I The Senator from North Dakota [Mr. DOR- let and hit it with another speeding acquire copper wire from a submarine GAN] proposes an amendment numbered 1426. bullet. Frankly, it is the least likely that belonged to the Soviet Union? threat to this country. The threat that That submarine was taken apart, dis- Mr. DORGAN. Mr. President, I ask a terrorist organization or a rogue na- mantled, as a result of arms control unanimous consent that the reading of tion would acquire an intercontinental agreements that dismantled weapons the amendment be dispensed with. The PRESIDING OFFICER. Without ballistic missile armed with a nuclear delivery systems that at one point objection, it is so ordered. warhead and then shoot it at our coun- threatened America. The amendment is as follows: try, that is one of the least likely sce- It is now in this form, a piece of a narios. bomber and copper wire from a sub- (Purpose: To express the sense of the Senate The most likely scenario would be a marine, which I hold in my hand on the on the declassification and release to the public of certain portions of the Report of terrorist or rogue nation acquiring a Senate floor because programs like the the Joint Inquiry into the Terrorist At- nuclear weapon through theft or some Nunn-Lugar program, things like arms tacks of September 11, 2001, and to urge the other device and then deciding to put it control agreements, do work and can President to release information regarding in the trunk of a rusty car sitting in a work to reduce the threat in this coun- sources of foreign support for the hijackers dock in New York City or putting it in try. I have had this in my desk for involved in the terrorist attacks of Sep- one of the many containers that show some while and have used it only to tember 11, 2001) up at an American port on a container demonstrate that our responsibility as At the end of subtitle G of title X, add the ship. After all, there are 5.7 million a world leader is to lead in the direc- following: containers that show up at our ports. tion of doing everything humanly pos- SEC. 1073. SENSE OF SENATE ON DECLASSIFICA- Only a very small percentage are ever sible to reduce the number of nuclear TION OF PORTIONS OF THE JOINT INQUIRY INTO THE TERRORIST AT- inspected. That is a much greater, weapons on this Earth, to stop the TACKS OF SEPTEMBER 11, 2001. much more likely threat to this coun- spread of nuclear weapons to rogue na- (a) FINDINGS.—The Senate makes the fol- try. tions, terrorists, and other countries lowing findings:

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.032 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8733 (1) The Administration has prevented the mittee in the Senate, both of whom felt In other comments, Senator SHELBY release to the American public of 28 pages of that this information should be made said that he believed 90 to 95 percent of the Joint Inquiry into Intelligence Commu- available to the American people. But this should be made available to the nity Activities Before and After the Ter- it has never been made available to the American people and would not com- rorist Attacks of September 2001. (2) The contents of the redacted pages dis- American people. promise any intelligence sources. cuss sources of foreign support for some of Let me read the page prior to the 28 The President was asked about this the hijackers involved in the September 11, pages that have been redacted. Page issue. He was asked actually in a Rose 2001, terrorist attacks while they were in the 395: Garden appearance back at that point United States. Finding: Through its investigation, the before a meeting with King Saud, (3) The Administration’s decision to clas- Joint Inquiry developed information sug- where the President said he had no sify this information prevents the American gesting specific sources of foreign support qualms at all about rebuffing the re- people from having access to information for some of the September 11 hijackers while quest to release this information pub- about the involvement of certain foreign they were in the United States. licly because he said there is an ongo- governments in the September 11, 2001, ter- Fifteen of the nineteen hijackers ing investigation into the 9/11 attacks, rorist attacks. were citizens of Saudi Arabia. The find- and we do not want to compromise the (4) The Kingdom of Saudi Arabia has re- ing says they developed information investigation. quested that the President release the 28 suggesting specific sources of foreign pages. Well, even the Ambassador from support for some of the September 11 (5) The Senate respects the need to keep Saudi Arabia to the United States hijackers while they were in the United information regarding intelligence sources called for the release of this informa- States. The joint inquiry’s review con- and methods classified, but the Senate also tion because there was substantial recognizes that such purposes can be accom- firmed that the intelligence commu- speculation about what it said. I can- plished through careful selective redaction nity also has information, much of not say what it said on the Senate floor of specific words and passages, rather than which has yet to be independently because it is top secret. I can read what effacing content entirely. verified, concerning these potential (b) SENSE OF SENATE.—It is the sense of the Senator SHELBY has said and what Sen- sources of support. Senate that— ator GRAHAM said on the Senate floor. Instead, the Joint Inquiry referred a de- (1) the President should declassify the 28- I can show that in this report there are page section of the Joint Inquiry into The tailed compilation of information it had un- covered in documents and interviews to the 28 pages which the American people are Terrorist Attacks of September 11, 2001, that not allowed to see. I can say that there deals with foreign sources of support for the FBI and CIA for further investigation by the hijackers involved in the September 11, 2001, Intelligence Community and, if appropriate, are published reports—and I have read terrorist attacks; and law enforcement agencies. them into the record now from The (2) only those portions of the report that It talks then at the end of this page Washington Post and others and I will would directly compromise ongoing inves- about the joint inquiry, which states: read into the record, if it is necessary, tigations or reveal intelligence sources and It was not the task of this Joint Inquiry to the comments from my two colleagues methods should remain classified. conduct the kind of extensive investigation who were the chairman and ranking Mr. DORGAN. This amendment that that would be required to determine the true member of the Intelligence Committee, I have offered is a sense-of-the-Senate significance of such alleged support to the that references Saudi Arabia. The amendment and it deals with this hijackers. On the one hand, it is possible point is even the Government of Saudi that these kinds of connections could sug- booklet. It is, as published, December gest, as indicated in a CIA memorandum, Arabia suggested and said publicly that 2002, ‘‘A Joint Inquiry Into the Intel- ‘‘incontrovertible evidence that there is sup- this material should be declassified and ligence Community Activities Before port for these terrorists,’’ blank, blank, made public. and After The Terrorist Attacks of blank. Senator SHELBY, the vice chairman September 11, 2001,’’ a report of the At that point, it is redacted. of the congressional inquiry at that U.S. Senate Select Committee on Intel- This was classified at the White point, reiterated his view that 90 to 95 ligence and the U.S. House Permanent House. These documents went to the percent of the classified pages could be Select Committee on Intelligence, White House, then to be published pub- released without jeopardizing national dated December 2, 2002. licly, and prior to publication 28 pages security. It was the first evaluation of intel- were classified top secret. That is why My point is this. I have reviewed the ligence related to the attack against in the middle of this booklet we see 28 top secret material. I am sure many of this country on September 11, 2001. pages with no information. my colleagues have. They all should. It On page 395, and I will read a portion There was a call to declassify it be- contains information that the Amer- of it, it begins a discussion about some- cause a substantial amount of informa- ican people have a right to see. thing that is very sensitive and then it tion in the press and elsewhere raised Let me again read the lead to the 28 turns to 396 and subsequent pages. As questions about this issue. redacted pages. Again, I am reading we can see, those pages are blank. I will read from The Washington Post from the Joint Intelligence Committee There are 28 pages in the middle of this at this point in time, December 12, Report: book that are blank. They are blank 2002: Through its investigation, the joint in- because they are classified at the mo- Leaders of the congressional panel ending quiry developed information suggesting spe- ment as top secret. Members of Con- an investigation of the September 11, 2001, cific sources of foreign support for some of gress can, under certain conditions, go terrorism attacks yesterday accused the ad- the September 11 hijackers while they were and read this top secret material. I and ministration of refusing to declassify infor- in the United States. mation about possible Saudi Arabian finan- Every Member of the Senate should a good number of my colleagues have. cial links to U.S.-based terrorists because Previously, I and other colleagues have the material would be embarrassing and read that top secret material. But as well brought to the attention of the would heighten political tensions with the every American citizen should have ac- Senate the need for this information to desert kingdom. cess, to understand what it says, be- be declassified. Continuing from The Washington cause it should not be classified. It is The amendment that I offer is very Post: unfair. It is unfair to the American simple. It says that the President In releasing the panel’s final report on the people, and I submit it is unfair to should declassify the 28-page section of intelligence agencies’ performance before the Saudi Arabia. The Saudi Arabian Gov- the joint inquiry into the terrorist at- attacks, Sen. Bob Graham (D-Fla.), chair- ernment has said it ought to be unclas- tacks of September 11 that deals with man of the Senate intelligence committee, sified. foreign sources of support for the hi- and Sen. Richard C. Shelby (R-Ala.), the vice I have on a previous occasion offered jackers involved in the September 11, chairman, said the information on Saudi this amendment to the Senate. There 2001, attack. Arabia should be made public to inform the was an objection, so I offer the same The American people have been pre- public about a continued source of support amendment again today. It is now 4 for anti-American terrorism groups. Doing vented from seeing this. I will, in a mo- so also would put more pressure on the U.S. years from the date of that attack. It ment, quote from Senator SHELBY and government to force the Saudis to sever is now long past the time when inves- Senator GRAHAM, then-chairman and their financial links to charities and individ- tigation is ongoing. The President said vice chairman of the Intelligence Com- uals who support terrorism, they said. he would not declassify this because

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.006 S22JYPT1 S8734 CONGRESSIONAL RECORD — SENATE July 22, 2005 there is an ongoing investigation into soon as September 11 concluded, as soon as Mr. DORGAN. Mr. President, my un- 9/11, and we don’t want to compromise the last flames were put out at the Pen- derstanding was we had ample time it. That investigation by the 9/11 Com- tagon, the World Trade Center and on the this afternoon. I will truncate my re- mission, authorized by the Congress— field in Pennsylvania, all that infrastructure marks. I had intended to speak longer was immediately taken down? Again, this is that investigation is over. So this ex- my hypothesis: I don’t believe it was taken than 10 minutes, but I don’t want to cuse is no longer an excuse. down. I believe that infrastructure is likely disadvantage my colleague on the floor I submit the American people have a to still be in place assisting the next genera- or disadvantage those managing the right to know if there were those who tion of terrorists who are in the United bill. I will come back on Monday and provided support to the 9/11 terrorists States. speak at greater length about the who were in this country and preparing Those are very fundamental ques- amendment I will offer now and keep to launch the attack on 9/11. If there tions, and if the public had access to my comments short at this moment. were those foreign governments, for- these 28 pages, they would be demand- Mr. WARNER. I would very much ap- eign interests, or as the report indi- ing answers. preciate it if the Senator will accom- cated simply, ‘‘foreign sources of sup- That is a response from the chairman modate the Senate in that way. port,’’ then the American people have a of the Senate Intelligence Committee, Mr. DORGAN. Mr. President, I ask right to know. not some partisan, with sentiments unanimous consent the pending amend- My amendment is a very simple echoed largely by the vice chairman of ment be set aside. amendment, painfully simple. Once the committee, about the top secret The PRESIDING OFFICER. Without again, I offer it to say it is the sense of classification of those 28 pages. objection, it is so ordered. the Senate that this information shall My amendment, once again, simply AMENDMENT NO. 1429 be declassified. We ask the President to says I believe the American people (Purpose: To establish a special committee declassify this information and see have the right to know what is on of the Senate to investigate the awarding that it is made available to the Amer- these pages. These 28 pages are blank. and carrying out of contracts to conduct ican people. I know what is there. Some of my col- activities in Afghanistan and Iraq and to I was intending to read this. I think leagues know what is there because we fight the war on terrorism) I shall not—perhaps just a paragraph are able to see top secret material. The Mr. DORGAN. Mr. President, I offer or two of it. American people don’t know what is an amendment for myself, Senator My colleague, Senator GRAHAM from there, and they should. DURBIN, and Senator LAUTENBERG. I Florida, who in fact stood at this desk Having read it, I simply say they send the amendment to the desk and and made this statement, he was then- ought to have the right to see it as ask for its immediate consideration. chairman of the Intelligence Com- well, and my amendment is a sense-of- The PRESIDING OFFICER. The mittee. Senator SHELBY, who I de- the-Senate amendment that would ask clerk will report. scribed as chairman, was chairman at the President to make available, to de- The legislative clerk read as follows: one point, and then Senator GRAHAM as classify this material, so there are no The Senator from North Dakota [Mr. DOR- the ranking member, and then it longer questions about what it says. GAN], for himself, Mr. DURBIN, and Mr. LAU- switched and Senator GRAHAM was Mr. WARNER. Mr. President, I thank TENBERG, proposes an amendment numbered chairman. During this particular time, my distinguished colleague, and I as- 1429. Senator GRAHAM, as chairman, and sure him, in consultation with the Mr. DORGAN. I ask unanimous con- Senator SHELBY, as vice chairman, chairman and indeed the ranking mem- sent the reading of the amendment be both agreed that the bulk of this ought ber of the Senate Intelligence Com- dispensed with. to be made available to the American mittee, his amendment will be given The PRESIDING OFFICER. Without people. Let me just quote the state- every careful consideration. objection, it is so ordered. ment made on the floor of the Senate Mr. President, at this time I know The amendment is as follows: by our colleague, Senator GRAHAM, the there is another Senator. (The amendment is printed in today’s chairman of the Intelligence Com- Mr. DORGAN. Mr. President, I am RECORD under ‘‘Text of Amendments.’’) mittee. He is describing this. not finished. I thought you were asking Mr. DORGAN. Mr. President, this is an amendment that deals with a sub- This report makes a very compelling case, me to yield for a question. based on the information submitted by the Mr. WARNER. Yes, I wasn’t quite ject I have previously brought to the agencies themselves, that there was a for- certain. I thought there was a brief floor of the Senate, so far unsuccess- eign government which was complicitous in time in which you were going to ad- fully, but my hope is this time perhaps the actions leading up to September 11, at dress the Senate. I am trying to accom- I will have better luck. It deals with least as it relates to some of the terrorists modate one of your colleagues. the question of dramatic waste, fraud, who were present in the United States. Mr. DORGAN. I have one additional and abuse in contracting, particularly There are two big questions yet to be an- amendment. with respect to the war effort in Iraq. swered. Why would this government have In the early 1940s, 1941 to be exact, provide the level of assistance—financial, Mr. WARNER. Can the Senator ad- logistical, housing, support service—to some vise the Chair and the Senate the time Harry Truman, a Democrat from the of the terrorists and not to all of the terror- you would require? State of Missouri, serving here in the ists? We asked that question. There has been Mr. DORGAN. I indicated to my col- Senate when a Democratic President no response. league I would be speaking about 20 was in the White House, decided that My own hypothesis—and I will describe it minutes, but I have one additional he wanted to have an investigation of as that— amendment that probably will take what he considered substantial waste, I am continuing to quote Senator about 10 minutes. fraud, and abuse in Pentagon spending GRAHAM— Mr. WARNER. Very well, Mr. Presi- and spending by contractors. I am sure is that in fact similar assistance was being dent. We will all wait that period of it was uncomfortable for a Democrat in provided to all or at least most of the terror- time. Thank you. the White House to have a member of ists. The difference is that we happened, be- Mr. LEVIN. Mr. President, I ask his own party in the Senate pushing, cause of a set of circumstances which are unanimous consent that following the but he did. He kept pushing as only contained in these 28 censored pages, to have Harry Truman could, and created fi- an unusual window on a few of the terrorists. Senator from North Dakota, if it is not We did not have a similar window on others. already locked in, then the Senator nally a Truman committee, a special Therefore, it will take more effort to deter- from Colorado be recognized to intro- committee. They held hearings all mine if they were, in fact, receiving that as- duce three amendments which will around the country. They were relent- sistance. take a total of—about how long? less. They found massive amounts of I continue to quote Senator GRAHAM Mr. SALAZAR. Mr. President, ap- waste, fraud, and abuse in spending— of Florida. proximately 15 minutes. yes, even during the war effort. It was, An even more serious question is what Mr. LEVIN. Approximately 15 min- perhaps, uncomfortable for everybody would lead us to believe that if there was utes. that this was going on, that this kind this infrastructure of a foreign government The PRESIDING OFFICER. Without of inquiry existed. But Harry Truman supporting some of the 19 terrorists, that as objection, it is so ordered. was not about to take a ‘‘no’’ answer

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.034 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8735 from anybody, so he pushed and are more involved—the top civilian of- The PRESIDING OFFICER. The Sen- pushed. ficial is a wonderful woman with a ator from Colorado is recognized. Finally, it came on the radar screen wonderful record who has worked for Mr. WARNER. Before the distin- in the Senate that when you spend years for this country. Here is what she guished Senator addresses the Senate, I money, particularly when you are at said. And by the way, she is paying for see our distinguished colleague from war, you can’t have people profit- it with her career because whistle- Connecticut. If I could inquire as to the eering. It has to be spent effectively in blowing is not looked upon with favor Senator’s wishes. We are trying to ar- support of this country’s interests in by the old boys network. Here is what range a schedule. support of our troops. she said, Bunny Greenhouse: Mr. LIEBERMAN. Mr. President, I We have a war in Iraq. We have sol- I can unequivocally state that the abuse thank my friend from Virginia. Five diers in harm’s way in Afghanistan. We related to the contracts awarded to K.B.R. minutes is the maximum I require. are moving massive quantities of Halliburton represents the most blatant and Mr. DORGAN. If I might I make one money out the door in the Congress— improper contract abuse I have witnessed comment, I defamed my friend, the $81 billion here, $45 billion there, $55 during the course of my professional career. Presiding Officer. I suggested some billion there. It is, in many cases, She is paying for this bit of honesty with her while ago he was from Ohio. He, in going to contractors—some substantial career because the good old boys don’t like to hear that. fact, is from Indiana. I have known amounts to replenish Defense Depart- that all along, and those in the North- The question is, for all the things ment accounts, but a substantial ern Great Plains see everything out that are being done—payment to have amount to contractors. there as east. But my distinguished a room air conditioned, have the con- We hear substantial waste, fraud, and colleague Senator LUGAR, to whom I tractor come pick up a bag of cash, and abuse. It almost makes you sick. This refer, is from Indiana. I talked about it goes to a subcontractor—pretty soon is a picture of $2 million wrapped in Nunn-Lugar and the wonderful work the American taxpayers’ payment to Saran wrap. In fact, the guy standing done. I want to make sure I identify it have room air conditioning, turns out right here said they were playing foot- correctly. the room has a little fan in it and we ball, playing catch with bundles of Mr. LEVIN. We, the defamed people paid for air conditioners. hundred-dollar bills. What were they from Michigan, are really from Ohio. It is unbelievable what is going on. doing with this? They were actually Mr. WARNER. If I might ask that the There are 85,000 brand new trucks left giving money to contractors in Iraq. Senator from Connecticut be recog- on the roadside because they had a flat Contractors were told: Bring a bag, we nized following the remarks by the tire, to be trashed and torched. pay in cash. Bring a bag because we Senator from Ohio—the Senator from Plugged fuel pumps? Dump the truck. pay in cash over here. Colorado. It is unbelievable what is going on in This picture shows what was going The PRESIDING OFFICER. The Sen- waste, fraud, and abuse. I have held on. The guy who did this testified be- ator from Colorado. five hearings in the policy committee fore a committee at a hearing that I Mr. SALAZAR. It is, indeed, fortu- on this. We had whistleblowers who held. I don’t need to go through a lot of nate to be a Senator from the State of have the courage to show up and talk charts, but ‘‘Uncle Sam Looks Into Colorado. about what is going on. There are 50,000 Meal Bills, Halliburton Refunds $27 I start my comments by giving my tons of nails laying in the sands of Million.’’ appreciation to the Senator from Vir- Saudi Arabia because they ordered the We had one example: Halliburton cor- ginia, Senator WARNER, and to the Sen- wrong size, so they dump them on the poration charging the American tax- ator from Michigan, Senator LEVIN, for sands. The American taxpayer will pay payer. They were feeding 42,000 a day— their great leadership in putting to- for that. Need some towels for troops? at least that is what they were charg- gether what is a very good bill. The Halliburton subsidiary orders tow- ing for, 42,000 meals a day. Guess what. I also thank their staffs because at els for troops and they nearly doubled They were only serving 14,000 meals a the end of the day I know how much of the cost of the towels so they could put day. the work goes into these major pieces their logo on the towels. I came from a small town that had a of legislation put together by our great Yes, it is going on all the time. It is really small restaurant. I can under- staffs. Judy Ainslee and Rick DeBobes unbelievable. And nobody does a thing stand them missing a cheeseburger or have done a fantastic job on behalf of about it. Nothing. Do you think this two, but a corporation that over- the United States, on behalf of the Sen- Congress is holding aggressive over- charges the Federal Government for ate. I thank them for their efforts. feeding soldiers by 28,000 meals a day? sight hearing? None. Nobody is inter- Then we had another hearing. We had ested. Why? Because it would embar- AMENDMENTS NOS. 1421, 1422, AND 1423, EN BLOC one of the food service supervisors in rass somebody. Meanwhile the Amer- I ask that the pending amendment be Iraq who works for a subsidiary of Hal- ican taxpayer is taking a bath and the set aside. liburton. He said we were feeding food troops are being poorly served, in my The PRESIDING OFFICER. Without that was outdated and expired, expired judgment, with this sort of nonsense. objection, it is so ordered. stamps on it by as much as a year. My amendment is simple. I will Mr. SALAZAR. Mr. President, I have I see the Washington Times had a lit- speak at some length on Monday. I a series of amendments at the desk, tle blurb today. They mentioned that. want to truncate this for the sake of Nos. 1421, 1422, and 1423. I ask they be People were writing in and saying: the time problems my colleagues have. called up en bloc. That is nothing, we used to eat old K My amendment is very simple. My The PRESIDING OFFICER. The rations. Does anybody believe it is amendment calls for the establishment clerk will report. right that when we send our soldiers to of a Truman-type committee again The legislative clerk read as follows: Iraq and we have food hauled over by a that would do the oversight that is not The Senator from Colorado [Mr. SALAZAR] contractor and we pay for good food to being done by this Congress. It will be proposes amendments numbered 1421, 1422, be fed to our troops, and then they end bipartisan. It seems to me we have an and 1423, en bloc. up with food that is expired for a year, obligation to the American people and Mr. SALAZAR. I ask unanimous con- they say that is OK, serve it to the we have an obligation to our troops. I sent the reading of the amendments be troops; and if a convoy comes through offer the amendment and I will come dispensed with. and is subject to attack the supervisor back and speak later. The PRESIDING OFFICER. Without says, you grab that food out, pull the In the interest of time problems, I objection, it is so ordered. shells out and shrapnel out, and feed it yield the floor. The amendments are as follows: to the troops. I put that testimony in Mr. WARNER. Mr. President, I thank AMENDMENT NO. 1421 the RECORD. our colleague. The Senator brings to (Purpose: To rename the death gratuity pay- Let me tell you, a top civilian offi- the Senate a very serious proposal. It able for deaths of members of the Armed cial at the Corps of Engineers, involved will be given serious consideration. Forces as fallen hero compensation) in awarding sole-source contracts to At this time, the Senator from Colo- At the end of subtitle D of title VI, add the companies like Halliburton—and there rado desires to be recognized. following:

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.035 S22JYPT1 S8736 CONGRESSIONAL RECORD — SENATE July 22, 2005 SEC. 642. RENAMING OF DEATH GRATUITY PAY- SEC. 330. PROVISION OF DEPARTMENT OF DE- from start to final approval, I am personally ABLE FOR DEATHS OF MEMBERS OF FENSE SUPPORT FOR CERTAIN happy knowing that they will be able to THE ARMED FORCES AS FALLEN PARALYMPIC SPORTING EVENTS. spend more quality time with their loved HERO COMPENSATION. Section 2564 of title 10, United States Code, ones. I know my place is here, and will re- (a) IN GENERAL.—Subchapter II of chapter is amended— main until we all leave in early Autumn. 75 of title 10, United States Code, is amended (1) in subsection (c), by adding at the end as follows: the following new paragraphs: That one response from one lieuten- (1) In section 1475(a), by striking ‘‘have a ‘‘(4) A sporting event sanctioned by the ant colonel underscored our troops’ death gratuity paid’’ and inserting ‘‘have United States Olympic Committee through dedication to the cause we are engaged fallen hero compensation paid’’. the Paralympic Military Program. in. This young man with his own fam- (2) In section 1476(a)— ‘‘(5) A national or international ily back in Colorado Springs was cele- (A) in paragraph (1), by striking ‘‘a death Paralympic sporting event (other than one brating that members of his unit—not gratuity’’ and inserting ‘‘fallen hero com- covered by paragraph (3) or (4)) which is— he—were returning home to their fami- pensation’’; and ‘‘(A) held in the United States or any of its (B) in paragraph (2), by striking ‘‘A death territories or commonwealths; lies. Thousands of troops are making gratuity’’ and inserting ‘‘Fallen hero com- ‘‘(B) governed by the International that same selfless sacrifice every day. pensation’’. Paralympic Committee; and We owe each of them the best possible (3) In section 1477(a), by striking ‘‘A death ‘‘(C) sanctioned by the United States equipment and training. They and gratuity’’ and inserting ‘‘Fallen hero com- Olympic Committee.’’; and their families also should expect that pensation’’. (2) in subsection (d)— we will ensure their quality of life. (4) In section 1478(a), by striking ‘‘The (A) by inserting ‘‘(1)’’ before ‘‘The Sec- The $441 billion bill in the amend- death gratuity’’ and inserting ‘‘The amount retary’’; and ments we have adopted in the last day of fallen hero compensation’’. (B) by adding at the end the following new (5) In section 1479 (1), by striking ‘‘the paragraph: will begin to do just that. That bill au- death gratuity’’ and inserting ‘‘fallen hero ‘‘(2) Not more than $1,000,000 may be ex- thorizes a total of $109 billion in appro- compensation’’. pended in any fiscal year to provide support priations to the Department of Defense ( 6) In section 1489— for events specified under paragraph (5) of for military personnel, and $236 million (A) in subscction (a), by striking ‘‘a gra- subsection (c).’’. of that amount is more than the Presi- tuity’’ in the mattcr preceding paragTaph (1) Mr. SALAZAR. Mr. President, before dent’s budget requested. and inserting ‘‘fallcn hero compensation’’; discussing these amendments, I under- In my State of Colorado, where more and score the great importance of this leg- than 9,000 troops are currently de- (B) in suhscetion (b) (2), by inserting ‘‘or othcr assistanee’’ after ‘‘lesser death gra- islation. This legislation sends an im- ployed overseas, I am especially mind- tuity’’. portant message to our troops and to ful of the important quality-of-life in- (b) CLERICAL AMENDMENTS.— their families, to the important work vestments that have been included in (1) Such subchapter is further amended by it funds, and the important signal it this bill. striking ‘‘Death gratuity:’’ each place it ap- sends to the world from the United The bill would provide a 3.1-percent pears in the heading of sections 1475 through States of America. across-the-board pay raise for military 1480 and 1489 and inserting ‘‘Fallen hero com- Today, more than 15,000 people from personnel. That is important to honor pensation:’’. my State are serving overseas in sup- our men and women in uniform. It au- (2) The table of sections at the beginning of port of Operations Iraqi Freedom and thorizes the payment of imminent dan- such subchapter is amended by striking ‘‘Death gratuity:’’ in the items relating to Enduring Freedom in Afghanistan. ger pay to servicemembers hospitalized sections 1474 through 1480 and 1489 and in- Many of these soldiers, air men and as a result of wounds they have in- serting ‘‘Fallen hero compensation:’’. women, reservists, and National Guard curred as a result of hostile action for (c) GENERAL REFERENCES.—Any reference men and women are preparing for their the duration of their hospitalization. to a death gratuity payable under sub- second tour of duty away from their That is a move in the right direction. chapter II of chapter 75 of title 10, United families. It would permanently increase the fall- States Code, in any law, regulation, docu- The 4,000 soldiers of the 3rd Armored en hero compensation for servicemem- ment, paper, or other record of the United Cavalry Regiment are in Iraq for their bers killed in combat or combat-re- States shall be deemed to be a reference to second tour of duty, and 1,800 soldiers fallen hero compensation payable under such lated activities from $12,000 to $100,000. subchapter, as amended by this section. from the 43rd Area Support Group and With the inclusion of Senator LEVIN’s 130 from the 571st Medical Company are AMENDMENT NO. 1422 important amendment, it will ensure also overseas, while the 947th Engineer- that the family of any active-duty sol- (Purpose: To provide that certain local edu- ing Company and the second of the cational agencies shall be eligible to re- dier who was killed will qualify for this ceive a fiscal year 2005 payment under sec- 135th Aviation Battalion are preparing important assistance. tion 8002 or 8003 of the Elementary and to leave for Iraq in the fall. The legislation also permanently in- Secondary Education Act of 1965) I give a sincere welcome home to all creases the maximum amount of cov- At the end of subtitle G of title V, insert 3,762 soldiers from the 2nd Brigade erage for group life insurance from the following: Combat Team, 2nd Infantry, who are $250,000 to $400,000. That is the right SEC. 585. APPLICATIONS FOR IMPACT AID PAY- returning to their families in Colorado start. I am hopeful with the inclusion MENT. Springs as I stand in the Senate today. of Senator NELSON’s amendment we Notwithstanding paragraphs (2) and (3) of The most moving thing I have done will eliminate the survivor benefit plan section 8005(d) of the Elementary and Sec- since coming to the Senate some 6 dependency indemnity compensation ondary Education Act of 1965 (20 U.S.C. months ago was a bipartisan trip which offset and fix serious inequities in how 7705(d)(2), (3)), the Secretary of Education I took to Iraq led by Senator HARRY shall treat as timely filed, and shall process the military treats the survivors of REID from Nevada. On that trip I saw for payment, an application under section military retirees. 8002 or section 8003 of such Act for fiscal year many moving things, though nothing The bill also extends several bonuses 2005 from a local educational agency that— more impressive than our troops and relating to recruiting and retention, (1) for each of the fiscal years 2000 through their dedication to the mission and to including the selected reserve reenlist- 2004, submitted an application by the date their units. ment bonus, the ready reserve enlist- specified by the Secretary of Education Shortly after returning to the United ment and reenlistment bonuses, the under section 8005(c) of such Act for the fis- States from Iraq, I dropped a line to prior service enlistment bonus, the en- cal year; and Lieutenant Colonel ‘‘Mac’’ from Colo- (2) submits an application for fiscal year listment and reenlistment bonuses for rado whom I had met on the trip. I in- active-duty members, and the reten- 2005 during the period beginning on February quired how he was doing, and in re- 2, 2004, and ending on the date of enactment tion bonus for servicemembers with of this Act. sponding he wrote: critical military skills. Our troops’ spirits remain high. Some AMENDMENT NO. 1423 I will cosponsor an amendment with more than others, as I’ve worked and re- my friends Senators LIEBERMAN, CLIN- (Purpose: To provide for Department of De- ceived permission to allow about 40 of our fense support of certain Paralympic sport- troops to redeploy early, as the pace of our TON, and NELSON, to increase the size of ing events) support has decreased and will remain steady our Active-Duty Army by 80,000 troops. At the end of subtitle C of title III, add the but not too hectic over the next six months Increasing the size of our military will following: of our deployment. Having worked the plan reduce the strain placed on individual

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.008 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8737 soldiers, improving the quality of their . . . the gravest threat facing America today has been developed to assist with the lives and their families’ lives. It will is a terrorist detonating a nuclear bomb in rehabilitation of disabled veterans re- allow our fighting men and women to one of our cities. The National Security Ad- turning from Iraq and Afghanistan. It spend more time at home with their visory Group judges that the Bush Adminis- tration is taking insufficient actions to is a simple amendment that addresses families between deployments. It will counter this threat. a very important issue, especially to address what is today an overstretched We must do better. Knowing that the disabled veterans who are return- American Army. Most importantly, such a horrendous act is even possible, ing from Operation Iraqi Freedom and adding 80,000 troops will help to defend we must take every step possible now Operation Enduring Freedom. our Nation at home and abroad with to ensure it does not come about. Amendment No. 1422 is another the strongest military in the world. This bill authorizes $415 million for Our health care for our troops and amendment that improves upon this DOD’s Cooperative Threat Reduction bill. It will restore badly needed edu- their families also is addressed. This Program, taking an important first bill would extend health care coverage cational impact aid funding to the El step in locking down, perhaps, the Paso School District, which educates under TRICARE Prime for the children most ready source of nuclear materials of active-duty servicemembers who the children of more than 60 percent of for terrorists. the military personnel serving our Na- died while on active duty and who have With the inclusion of the Lugar tion at the Fort Carson military base been on active duty for a period of amendment, of which I was proud to be in Colorado. more than 30 days, so the dependent a cosponsor, I hope we will begin to cut child would be able to receive through the red tape that has hindered For the 2004–2005 fiscal year, the El TRICARE until age 21. our efforts at locking down this threat Paso School District submitted its ap- After the inclusion on Thursday of for far too long. I commend my col- plication for impact aid to the Depart- the excellent bipartisan amendment of- league from Indiana for his leadership ment of Education on time, but due to fered by Senators GRAHAM and CLIN- over the decades on this effort. inadvertence and, perhaps, bureau- TON, it will ensure access to TRICARE Authorizing a total of $50 billion in cratic misdirection and mistake, it was for Guard and Reserve and that care supplemental appropriations for this will continue. deemed to be untimely because they This bill also requires the Secretary next fiscal year for ongoing operations failed to submit the application in of Defense to report to Congress about in Iraq and Afghanistan, and the global electronic format. As a result, the the adverse health effects that may be war on terror, the bill also tells the school district that serves mostly mili- associated with the use of antimalaria world we are not deterred by the hate- tary families was assessed a 10-percent drugs. ful attacks on buses and trains in Lon- penalty. This amendment will deem This is a good bill. The bill is vitally don or on cars in Baghdad. the school district’s application as important for the work it also funds. It We are prepared, once again, to fulfill timely. The money is already in the funds $78.2 billion for procurement. It our obligations to fund the effort in Department of Education’s budget. authorizes $127 billion for operations Iraq. I repeat my plea to the President Thus, this amendment does not take and maintenance. It does a lot to sup- that he frankly discuss his plan for money away from another source or port our investment in creating a success in Iraq with the American peo- another State. ple while he candidly informs Ameri- strong defense for our Nation. One may ask, What connection does I am particularly pleased the com- cans about how we will pay for it. this have to our service personnel? And mittee included $6.4 million to con- I am also hopeful that as this bill struct a Space Warning Squadron Sup- moves forward to its final form, the why is it so critical to the support of port Facility at the Greeley Air Na- amendments I have called up for con- our military personnel? tional Guard Station. Our air guard sideration will also be included. First of all, 60 percent of the 5,500 El provides a vital service at that station, Amendment No. 1421 would simply Paso School District students belong but the current facility is substandard change the name of the ‘‘death gra- to military families stationed at Fort by anyone’s measure. When personnel tuity’’ to ‘‘fallen hero compensation.’’ Carson, and they will be impacted by leave that facility, they drape plastic This amendment was approved by the the cut in the amount of money avail- over their computers today so they are Senate in the supplemental appropria- able for their education. tions bill but was dropped in con- not destroyed by the water that leaks Many of the loved ones of the stu- through the roof. ference. dents and staff of the El Paso School I am also pleased with the inclusion ‘‘Death gratuity’’ is the name for the of the amendment offered by my col- assistance that taxpayers make avail- District have been deployed to Iraq as leagues from Kentucky, Senators able to military survivors. The term part of Operation Iraqi Freedom. In fact, over 11,000 soldiers from Fort Car- MCCONNELL and BUNNING, and my good ‘‘gratuity’’ means gift. Not one of the friend from Colorado, Senator ALLARD, widows, widowers, or children left be- son are currently deployed in Iraq that we are prepared to take another hind think of that money as a gift. today. That is over one-half of the positive step forward in meeting our This is a simple change. There should fort’s total forces. Many units from responsibility to destroy the chemical be no opposition from Members of this Fort Carson are now starting their sec- weapons at the Pueblo Chemical Army body to include that name change. It ond and third tours of duty in Iraq. Depot. I am also hopeful with the ef- more properly reflects the sacrifices Sadly, over 50 service personnel from forts of my good friend Senator AL- military survivors have made and more Fort Carson have died in active duty in LARD and efforts I have undertaken properly expresses the gratitude and Iraq over the last several years. with him, we will be able to wrap up dignity we as a nation owe these fami- Without the funds we are requesting, the cleanup of Rocky Flats in a suc- lies. the school district will be forced to lay cessful manner. Amendment No. 1423, the Paralympic off teachers and cut educational pro- This bill is important because it amendment, would allow the Penta- grams that educate the families of gon’s Office of Special Events to pro- sends a message to the world. There is service personnel. Our military per- vide support to national and inter- no more comprehensive statement of sonnel sacrifice a great deal for our national Paralympic competitions our dedication to defend this country freedom. We owe it to them to restore hosted in the United States with a mil- and to maintain our position in the the educational funding for their chil- lion-dollar limit on support in any one world. Our enemies should never take dren. comfort in any sense that America is year. The Office of Special Events disengaging from the world. This bill today supports the regular Olympics In closing, I am reminded once again sends a very clear message on two vi- and other international sporting of the thousands of Macs—just like the tally important threats. events. All this amendment does is to valiant lieutenant colonel I met in Ku- On Wednesday, a group of leading de- say we will treat our disabled athletes wait—who are standing guard each and fense and foreign policy experts, led by with the same support and respect. every day to protect our Nation. I am former Defense Secretary Perry, con- The amendment would also allow mindful of their families—in my own cluded: support of a new USOC program that State, in Colorado Springs, in Denver,

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.037 S22JYPT1 S8738 CONGRESSIONAL RECORD — SENATE July 22, 2005 in Grand Junction; in small, rural com- ture has to be done with real care. The before the final information is in, in munities, and in every State and com- point of Senator THUNE’s amendment, the midst of a war. munity throughout our Nation—await- to delay this process, is this: One, we I can tell you about Submarine Base ing their return or dreading their de- are in a war. As Senator SALAZAR said New London, which I know best. The parture. We owe them, as the Senate, with great effect and poignancy, we recommendation to close seems to be our best work. have tens of thousands of American based on an estimate of the size of our This bill is very good work. As I soldiers coming and going from Iraq, submarine force, our attack submarine started my comments today, I com- using bases in a way we may not have force, in the years ahead, which is the mended the leadership of my friends foreseen when this particular base re- lowest anyone has ever seen and lower from Michigan and Virginia and their alignment and closure process began. than every other study that has been staffs for their great work. I hope our We also are being asked and the Com- done. I suppose if the base is closed, it Democrats and Republicans will join mission is being asked to make final will prejudge the fact. But I fear we together, as we move forward, to bring judgments about some very important will look back and say in the years this legislation to successful conclu- military installations in our country ahead, as we face rising pure competi- sion because it is important for a but before our final facts are before the tors: Why did we ever do that? I have strong defense for our country. Commission, the Congress, and the enough confidence in this particular I yield the floor. Pentagon. That is the intention of the Base Realignment and Closure Com- The PRESIDING OFFICER. The Sen- Thune legislation, which, as I say, I am mission and the independence and ator from Virginia. a cosponsor of—to put the brakes on, to strength with which they are going at Mr. WARNER. Mr. President, I wish say, let’s not rush to judgment. Be- their responsibilities, at every turn to assure our distinguished colleague cause in some cases of bases the Pen- making it clear they are not just going from Colorado that we will give very tagon has recommended be closed, we to be a rubberstamp for the Pentagon, careful consideration to his amend- may look back and say: This rush to that they are not going to allow Sub- ments. judgment has really been a dash to dis- marine Base New London to be closed. Have they been sent to the desk, I aster, that we have closed some mili- But I worry there are bases across this ask the Presiding Officer? tary facilities we will urgently need in Nation that are recommended for clos- The PRESIDING OFFICER. Yes. the years ahead. ing on insubstantial, incomplete infor- Mr. WARNER. Mr. President, I ask Of course, I support cutting excess mation that we will regret having unanimous consent that they be set and unneeded defense spending and closed. This amendment No. 1389 says: aside, such that the Senator from Con- support saving money where we can. Let’s just step back for a while. Let’s necticut is to be recognized. That is why I earlier voted for the wait until the Quadrennial Defense Re- The PRESIDING OFFICER. Without BRAC round. But I think Senator view is in. Let’s wait until we see the objection, it is so ordered. THUNE and I, and so many others, when return of some more of our troops from Mr. LEVIN. Mr. President, if the Sen- we saw the recommendations come Iraq so we know what our base needs ator will yield, let me thank the Sen- out—now, in the middle of a war, based are here at home. Let us not rush to ator from Colorado for his extremely on information that is incomplete—we judgment. thoughtful and sensitive statement said to ourselves: Let’s just step back a We are talking about our national se- about what this bill is all about. I bit and get the facts we need before we curity in a time of war, in an uncertain thank him for his kind remarks. make these final judgments. world, with rising new superpowers, The PRESIDING OFFICER. The Sen- Let me state it clearly. I have a local but much more menacing than that: ator from Connecticut. interest in this. The Pentagon has rec- rogue states and nonstate actors gain- Mr. LIEBERMAN. Mr. President, I ommended, as all my colleagues know, ing access to weapons of mass destruc- thank the Chair. the closing of Submarine Base New tion. We have to get this right. I be- Let me first thank the chairman of London, an extraordinary, in my opin- lieve Senator THUNE’s amendment the Senate Armed Services Committee, ion, national asset. But the point I would help us do that. the distinguished Senator from Vir- want to make is if you close, God for- Mr. President, I will just say one ginia, and the ranking member, the bid, Submarine Base New London or final word about the news from Lon- distinguished Senator from Michigan, some of these other bases that are rec- don. I am sure the distinguished occu- for the extraordinary work they have ommended for closure, that is it. This pant of the chair, like myself, has been done in bringing this bill forward. I am is not like turning off the water in following these developments closely. honored to be a member of the com- your house when you go away for a They remind us that there is an insid- mittee and proudly support its work. summer vacation, and when you come ious group out there, a fanatical group AMENDMENT NO. 1389 back and turn it back on, there is the that will strike at civilians and try to Mr. President, I rise today to speak water. If you close a base like Sub- strike panic in the hearts of average specifically about amendment No. 1389 marine Base New London, it is never citizens to gain their political goals. offered by the Senator from South Da- going to be opened again. Therefore, What has been as stirring as the at- kota, Mr. THUNE. I am one of many co- you have to be able to reach a conclu- tacks in London have been revolting sponsors of this amendment. Its inten- sion that not only is it not of military has been the reaction of the British tion is to delay the implementation of value today and in the near future, but people. It really does remind us of their the current round of base realignment it never will be; that is, in decades strength and determination during the and closures, the so-called BRAC, until ahead, in an uncertain world. In this Second World War. It is an inspiration. we are better able to assess our defense case of this submarine base—and I fear Most of all, I hope it will send a mes- needs. in some of the others—the facts that sage to these terrorists that they may The news from London in the last few were used as a basis for the judgment strike, but we are stronger than they days reminds us in the most stark and do not stand up. are. Our principles are superior to stunning ways of the fact that we are Too often, monetary savings have theirs. They will never defeat us. I at war. It may not feel like that to been confused with military value, and thank our friends from Britain, the av- most of us. It is a different kind of war. military value has been based on judg- erage citizens, whose actions and words But there is an enemy out there world- ments that are incomplete. And here I speak so loudly to us of their faith in wide who is committed to achieving come to one of our larger points: The the future, for giving us that model some kind of victory over us and our Pentagon is now in the midst of its and that inspiration. We stand with allies and establishing a regime in a Quadrennial Defense Review, the most them today as they have stood with us significant part of the world that significant overarching review of on so many previous days. would be fanatical, hateful, and, to say America’s military needs and goals for I thank the Chair and yield the floor. the least, undermine our national secu- the future. That review is due next AMENDMENTS NOS. 1343, 1430 THROUGH 1432, EN rity and our national principles. year. But we are being asked through BLOC In the midst of such a war, it seems BRAC and eventually in Congress to The PRESIDING OFFICER. The Sen- to me the reduction of our base struc- make final judgments on these bases ator from Virginia.

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.039 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8739 Mr. WARNER. Mr. President, if my under statute or regulations, available for Mr. WARNER. Mr. President, I move distinguished ranking member is pre- use in the management of Department of De- to reconsider the vote. pared, we are about to send a series of fense laboratories to assist in the manage- Mr. LEVIN. I move to lay that mo- amendments to the desk which have ment of the workforces of such laboratories tion on the table. that are not currently being utilized. The motion to lay on the table was been cleared on both sides. Therefore, I (3) An assessment of personnel manage- ask unanimous consent that the Sen- ment practices utilized by scientific and agreed to. ate consider those amendments en technical laboratories and institutions that Mr. WARNER. Mr. President, subject bloc, the amendments be agreed to, and are similar to the Department of Defense to anything my distinguished colleague the motions to reconsider be laid upon laboratories. would want to do, I would like to have the table. Finally, I ask that any state- (4) A comparative analysis of the specific the Senate go into morning business. ments relating to any of these indi- features identified by the Comptroller Gen- The PRESIDING OFFICER. The Sen- eral in successful personnel management vidual amendments be printed in the ator from Michigan. systems of highly technical and scientific Mr. LEVIN. Mr. President, we are RECORD. workforces to attract and retain critical em- ready to proceed on a number of Mr. LEVIN. No objection. ployees and to provide local management au- The PRESIDING OFFICER. Without thority to Department of Defense laboratory amendments, but we are going to with- objection, it is so ordered. officials. hold those as an accommodation to, I The amendments were agreed to, as (c) PURPOSES.—The purposes of the study gather, a lot of folks here who want to follows: shall include— go out right now. We will then offer the (1) the identification of the specific fea- AMENDMENT NO. 1343 amendment on the Berlin cafe which tures of successful personnel management (Purpose: To increase the limit on the value has not yet been cleared. We will hold systems of highly technical and scientific that off until Monday. And remarks on of assistance that may be provided to eligi- workforces; ble entities to carry out procurement tech- (2) an assessment of the potential effects of RNEP I will withhold until Monday. nical assistance programs operating on less the utilization of such features by Depart- The national missile defense we also than a Statewide basis) ment of Defense laboratories on the missions will withhold until Monday, if that is On page 237, after line 17, add the fol- of such laboratories and on the mission of the desire of the chairman. lowing: the Department of Defense as a whole; and Mr. WARNER. Mr. President, I thank SEC. 846. INCREASED LIMIT APPLICABLE TO AS- (3) recommendations as to the future utili- my ranking member for his usual cour- SISTANCE PROVIDED UNDER CER- zation of such features in Department of De- tesy and our ability to work out mat- TAIN PROCUREMENT TECHNICAL fense laboratories. ASSISTANCE PROGRAMS. (d) LABORATORY PERSONNEL DEMONSTRA- ters to accommodate both sides of the Section 2414(a)(2) of title 10, United States TION AUTHORITIES.—The laboratory personnel aisle. Code, is amended by striking ‘‘$150,000’’ and demonstration authorities set forth in this Mr. LEVIN. I wonder if I could in- inserting ‘‘$300,000’’. subsection are as follows: quire, while we are waiting, I will also AMENDMENT NO. 1430 (1) The authorities in section 342(b) of the withhold an amendment which is ready (Purpose: To clarify certain authorities re- National Defense Authorization Act for Fis- to go which I don’t know if it has been lating to adoptions by members of the cal Year 1995 (Public Law 103–337; 108 Stat. cleared or not on the time and material Armed Forces) 2721), as amended by section 1114 of the contract abuses. I will withhold that Floyd D. Spence National Defense Authoriza- At the end of subtitle E of title VI, add until Monday. If we have a moment, if the following: tion Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (114 Stat. 1654A– we could ask a parliamentary inquiry, SEC. 653. MODIFICATION OF REQUIREMENT FOR how many amendments now have been CERTAIN INTERMEDIARIES UNDER 315)). CERTAIN AUTHORITIES RELATING (2) The authorities in section 1101 of the laid aside and are pending for either TO ADOPTIONS. Strom Thurmond National Defense Author- vote by rollcall or voice vote or accept- (a) REIMBERSEMENT FOR ADOPTION EX- ization Act for Fiscal Year 1999 (Public Law ance? PENSES.—Section 1052(g)(1) of title 10, United 105–261; 5 U.S.C. 3104 note). The PRESIDING OFFICER. Eighteen States Code, is amended by inserting ‘‘or (e) REPORT.—Not later than one year after the date of the enactment of this Act, the first-degree amendments and one sec- other source authorized to place children for ond-degree amendment have been laid adoption under State or local law’’ after Comptroller General shall submit to the ap- ‘‘qualified adoption agency’’. propriate committees of Congress a report on aside. (b) TREATMENT AS CHILDREN FOR MEDICAL the study required by this section. The re- Mr. LEVIN. I thank the Chair. AND DENTAL CARE PURPOSES.—Section port shall include— Mr. WARNER. Mr. President, there is 1072(6)(D)(i) of such title is amended by in- (1) a description of the study; a matter that must come before the serting 11, or by any other source authorized (2) an assessment of the effectiveness of Senate. by State or local law to provide adoption the current utilization by the Department of I suggest the absence of a quorum. placement,’’ after ‘‘(recognized by the Sec- Defense of the laboratory personnel dem- The PRESIDING OFFICER. The retary of Defense)’’. onstration authorities set forth in sub- clerk will call the roll. section (d); and AMENDMENT NO. 1431 The legislative clerk proceeded to (3) such recommendations as the Comp- (Purpose: To require a Comptroller General troller General considers appropriate for the call the roll. study on the features of successful per- effective use of available personnel manage- Mr. MCCONNELL. Mr. President, I sonnel management systems of highly ment authorities to ensure the successful ask unanimous consent that the order technical and scientific workforces) personnel management of the highly tech- for the quorum call be rescinded. At the end of title XI, add the following: nical and scientific workforce of the Depart- The PRESIDING OFFICER. Without SEC. 1106. COMPTROLLER GENERAL STUDY ON ment of Defense laboratories. objection, it is so ordered. FEATURES OF SUCCESSFUL PER- (f) APPROPRIATE COMMITTEES OF CONGRESS Mr. MCCONNELL. Mr. President, I SONNEL MANAGEMENT SYSTEMS OF DEFINED.—In this section, the term ‘‘appro- ask unanimous consent that on Tues- HIGHLY TECHNICAL AND SCI- priate committees of Congress’’ means— ENTIFIC WORKFORCES. day, July 26, when the Senate resumes (1) the Committees on Armed Services, Ap- (a) IN GENERAL.—The Comptroller General propriations, and Homeland Security and the Defense authorization bill, and not- of the United States shall conduct a study to Governmental Affairs of the Senate; and withstanding the provisions of rule identify the features of successful personnel (2) the Committees on Armed Services, Ap- XXII, there then be 20 minutes of de- management systems of the highly technical propriations, and Government Reform of the bate divided between Senators COLLINS and scientific workforces of the Department House of Representatives. of Defense laboratories and similar scientific and LAUTENBERG; provided further that facilities and institutions. AMENDMENT NO. 1432 following the use or yielding back of (b) ELEMENTS.—The study required by sub- (Purpose: To extend the effective date of the the time, the Senate proceed to a vote section (a) shall include the following: Higher Education Relief Opportunities for in relation to the Collins amendment (1) An examination of the flexible per- Students Act of 2003) No. 1377, to be modified to be a first-de- sonnel management authorities, whether At the end of subtitle E of title VI, add the gree amendment, to be followed by a under statute or regulations, currently being following: vote in relation to the Lautenberg utilized at Department of Defense dem- SEC. 653. EXTENSION OF EFFECTIVE DATE. amendment; provided further that no onstration laboratories to assist in the man- Section 6 of the Higher Education Relief agement of the workforce of such labora- Opportunities for Students Act of 2003 (20 second degrees be in order to the above tories. U.S.C. 1070 note) is amended by striking amendments prior to the vote. (2) An identification of any flexible per- ‘‘September 30, 2005’’ and inserting ‘‘Sep- The PRESIDING OFFICER. Without sonnel management authorities, whether tember 30 2007’’. objection, it is so ordered.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.041 S22JYPT1 S8740 CONGRESSIONAL RECORD — SENATE July 22, 2005 CLOTURE MOTION 1942 and commissioned in February 1943 graded in April 1984, and was re- Mr. MCCONNELL. Mr. President, I under the command of Capt. John L. commissioned for the third time as send a cloture motion to the desk. McCrea. In August 1943 it was mobi- part of President Reagan’s plan to ex- The PRESIDING OFFICER. The clo- lized for the first time along the Atlan- pand the Navy to 600 ships. Throughout ture motion having been presented tic coast to protect against the threat the 1980s, the battleship spent the ma- under rule XXII, the Chair directs the of German battleships believed to be jority of its deployment in the waters clerk to read the motion. operating in Norwegian waters. off the European coast while also tak- The legislative clerk read as follows: In one of the more memorable mo- ing tours of the Indian Ocean and Ara- CLOTURE MOTION ments of the battleship’s history, the bian Sea. We the undersigned Senators, in accord- USS Iowa carried President. Franklin Despite surviving two wars and nu- ance with the provisions of rule XXII of the D. Roosevelt to Casablanca on his way merous combat engagements over its Standing Rules of the Senate, do hereby to the Teheran Conference in Novem- long history, the USS Iowa suffered its move to bring to a close debate on S. 1042, an ber 1943, and afterwards provided the worst catastrophe in April 1989 when original bill to authorize appropriations for President transportation back to the one of its 16-inch gun turrets blew up, fiscal year 2006 for military activities of the United States. The USS Iowa engaged causing the death of 47 sailors. The Department of Defense, for military con- in combat for the first time after it source of the explosion was never con- struction, and for defense activities of the Department of Energy, to prescribe per- was deployed to the Pacific theater as clusively identified, in spite of a thor- sonnel strengths for such fiscal year for the the flagship of Battleship Division 7. ough investigation of the incident by Armed Forces, and for other purposes. During the early months of 1943, as the Navy. Even with its damaged tur- Bill Frist, John Warner, Michael Enzi, part of the battle for the Marshall Is- ret, the Iowa went on to further assign- John Cornyn, Jon Kyl, Richard Burr, lands, the USS Iowa supported U.S. air- ments in the Atlantic and Mediterra- Kit Bond, Lindsey Graham, John E. craft carrier strikes and helped support nean Sea until it was decommissioned Sununu, Chuck Grassley, Mike numerous air strikes near Micronesia for the final time at Norfolk, VA, on DeWine, Lamar Alexander, James Tal- and neighboring islands. It was next October 26, 1990. ent, Pat Roberts, Johnny Isakson, deployed to assist U.S. forces in com- Conrad Burns, Richard G. Lugar. In early 1998, I was contacted by city bat in the South Pacific near New officials in San Francisco requesting Mr. MCCONNELL. Mr. President, I Guinea and joined the Marianas cam- help with bringing the USS Iowa out to ask unanimous consent that the live paign in June 1943. the west coast. Together with Senator quorum under rule XXII be waived. During the Battle of the Philippines, BOXER, we introduced legislation in Oc- The PRESIDING OFFICER. Without the Iowa ably drove back and neutral- tober 1998, as part of the FY99 Defense objection, it is so ordered. ized a series of air raids attempted by Authorization Act, to provide for the Mr. MCCONNELL. For the informa- the Japanese middle fleet. Throughout transfer of the USS Iowa to San Fran- tion of our colleagues, this vote will the winter of 1944, the USS Iowa con- cisco. occur on Tuesday. tinued to engage in action off the Phil- The next year I worked with col- Mrs. FEINSTEIN. Mr. President, I ippine coast until it was directed to re- leagues in the California congressional am pleased to be able to join with my turn to the U.S. for maintenance in delegation to secure $3 million to pay colleagues, Senator CHUCK GRASSLEY January 1945. for the transport of the battleship from from Iowa, and Senators BOXER and From January 1945 through March Rhode Island to California. On April 20, HARKIN in support of an amendment to 1945, the Battleship Iowa received a full 2001, the USS Iowa finally arrived in the FY06 National Defense Authoriza- overhaul in the Port of San Francisco San Francisco and has been berthed at tion Act that would transfer one of our before steaming off for Okinawa to Suisun Bay since that time. Nation’s greatest battleships, the USS take part in combat operations near This amendment ensures that this to the State of California for per- Iowa Japan. Arriving in April, the Iowa sup- amazing battleship, which earned nine manent donation status. ported U.S. air strikes against Japan battle stars for its World War II service I understand the affection that many and the surrounding islands until the and two battle stars in the Korean war, Iowans have for this important ship Japanese surrender in August 1945. will be memorialized permanently as a and that a model of the USS can Iowa The ship was honored to be one of the floating museum in California. be viewed in the Rotunda of the Iowa few American battleships to sail into Once again, I thank Senators GRASS- State Capitol. Therefore, I truly appre- Tokyo Bay with the occupation forces LEY, BOXER, and HARKIN for their sup- ciate the support of Senators GRASSLEY and take part in the surrender cere- port on this important provision. and HARKIN for helping to ensure that monies. After returning to the West I ask unanimous consent that this the USS Iowa will have a permanent Coast following the war, the USS Iowa statement be placed in the RECORD home in California. operated in reserve status until it was next to the relevant amendment. I was privileged to have the oppor- decommissioned for the first time in tunity to introduce legislation in 1998 March 1949. f and 1999 to assist in transporting the In August 1951, after hostilities broke PROTECTION OF LAWFUL COM- USS Iowa from Newport, RI, to Suisun out in Korea, the USS Iowa was re- MERCE IN ARMS ACT—MOTION Bay in San Francisco, where it now commissioned and mobilized to that re- TO PROCEED sits as part of the Navy’s Reserve gion. In March 1952, the battleship was CLOTURE MOTION Fleet. Through its transfer from re- deployed to the war zone as the flag- Mr. MCCONNELL. Mr. President, I serve to donation status, any port com- ship of VADM Robert Briscoe, the move to proceed to Calendar No. 15, S. munity in California will have the op- Commander of the 7th Fleet. For the 397, which is the Protection of Lawful portunity to competitively bid for the next 7 months, the was fully en- Iowa Commerce in Arms Act, and I send a battleship. gaged in support of the U.N. troops, cloture motion to the desk. While I am sure a number of commu- bombarding strategic targets through- The PRESIDING OFFICER. The clo- nities in California will be interested, I out North Korea. ture motion having been presented understand that the Port of Stockton Following the cessation of combat, under rule XXII, the Chair directs the has already begun making preparations the USS Iowa was sent to Norfolk, VA, clerk to read the motion. and raising money to bid on this to receive an overhaul in October 1952. The legislative clerk read as follows: project. For the next 5 years, the Iowa was en- Having the USS Iowa as a permanent gaged in training maneuvers in North- CLOTURE MOTION floating museum in California will be ern Europe, including NATO exercises, We the undersigned Senators, in accord- an honor for my State and a tremen- and in the Mediterranean Sea. In 1958, ance with the provisions of rule XXII of the dous memorial to the thousands of sail- Standing Rules of the Senate, do hereby it was decommissioned for the second move to bring to a close debate on the mo- ors who served aboard this battleship time and made part of the Atlantic Re- tion to proceed to Calendar No. 15, S. 397: A over the past 6 decades. serve Fleet based at Philadelphia. bill to prohibit civil liability actions from The USS Iowa, nicknamed the ‘‘big Despite being decommissioned twice, being brought or continued against manufac- stick,’’ was first launched in August the USS Iowa was renovated and up- turers, distributors, dealers, or importers of

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.042 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8741 firearms or ammunition for damages, injunc- cially designated patient safety organi- drawn broadly enough to assure that tive or other relief resulting from the misuse zations. In turn, these patient safety providers will feel safe and secure in of their products by others. organizations, some of which exist in participating in a patient safety sys- BILL FRIST, GEORGE ALLEN, LARRY E. limited form today, will be able to col- tem—and that they not be chilled from CRAIG, CRAIG THOMAS, MICHAEL B. ENZI, JEFF SESSIONS, CHRISTOPHER BOND, lect and analyze patient safety data in participating by fear that their efforts LAMAR ALEXANDER, MITCH MCCONNELL, a confidential manner. to assemble, analyze, deliberate on, or SAM BROWNBACK, TOM COBURN, RICHARD After conducting this analysis, pa- report patient safety information to BURR, JOHN MCCAIN, RICHARD SHELBY, tient safety organizations will report patient safety organizations would SAXBY CHAMBLISS, JOHN ENSIGN, CHUCK back to providers on trends in health somehow fall outside of a too-narrow HAGEL. care errors and will offer guidance to statutory definition of patient safety Mr. MCCONNELL. Mr. President, I them on how to eliminate or minimize work product. ask that the live quorum under rule these errors. Some of this takes place With this in mind, we negotiated a XXII be waived. today, but much more information definition in the agreement which The PRESIDING OFFICER. Without could be collected and analyzed if pro- takes great care to make clear to pro- objection, it is so ordered. viders felt confident that reporting viders that the assembly of data, its Mr. MCCONNELL. Mr. President, I such errors would not increase the analysis, deliberations about it, and its now withdraw the motion to proceed. likelihood that they could be sued. reporting to a patient safety organiza- The PRESIDING OFFICER. The mo- It is not the intent of this legislation tion will be firmly protected. We also tion is withdrawn. to establish a legal shield for informa- clarified that information that is col- f tion that is already currently collected lected, maintained, or developed sepa- or maintained separate from the new rately from the patient safety system MORNING BUSINESS patient safety process, such as a pa- will continue to be treated the same as Mr. MCCONNELL. Mr. President, I tient’s medical record. That is, infor- it is under current law. ask unanimous consent there now be a mation which is currently available to Before I close, I want to take just a period for morning business with Sen- plaintiffs’ attorneys or others will re- minute to thank the many Senate staff ators permitted to speak therein for up main available just as it is today. members who worked very hard to to 10 minutes each. Rather, what this legislation does is bring this legislation to where it is The PRESIDING OFFICER. Without create a new zone of protection to as- today. Among those who deserve spe- objection, it is so ordered. sure that the assembly, deliberation, cial recognition and thanks are Andrew f analysis, and reporting by providers to Patzman and Stephen Northrup of my PATIENT SAFETY AND QUALITY patient safety organizations of what we HELP Committee professional staff, IMPROVEMENT ACT OF 2005 are calling ‘‘Patient Safety Work Prod- David Bowen of Senator KENNEDY’s uct’’ will be treated as confidential and Committee staff, Peggy Binzer with Mr. ENZI. Mr. President, as chair- will be legally privileged. Senator GREGG, Dean Rosen of Senator man of the Health, Eduation, Labor, Errors in medical treatment take FRIST’s Leadership staff, and Sean and Pensions Committee, I would like place far too often. Unfortunately, Donohue with Senator JEFFORDS. Much to take the opportunity to comment on however, providers live in fear of our credit also goes to the hard work of the a very important piece of legislation unpredictable medical litigation sys- staff of the House Energy and Com- the Senate passed this week—a man- tem. This fear, in turn, inhibits efforts merce Committee, as well as to the ex- agers’ substitute for S. 544, the Patient to thoroughly analyze medical errors pert and very capable legislative staff Safety and Quality Improvement Act and their causes. Without appropriate at the Department of Health and of 2005, offered by myself, Senators protections for the collection and anal- Human Services. JEFFORDS, GREGG, KENNEDY, FRIST, ysis of patient safety data, providers I ask unanimous consent that a sec- MURRAY, and BINGAMAN. are understandably loath to participate tion-by-section summary of the legisla- More than 5 years in the making, in medical error reporting systems. tion be printed in the RECORD. this legislation is an important step to- I am pleased that the negotiated There being no objection, the mate- ward building a culture of safety and final version of this bill reflects and rial was ordered to be printed in the quality in our health care system. upholds several of the key priorities of RECORD, as follows: The language of this bill reflects a the bill the HELP Committee marked SECTION-BY-SECTION SUMMARY carefully negotiated bipartisan, bi- up earlier this year, and which was also ‘‘PATIENT SAFETY AND QUALITY IMPROVEMENT cameral agreement between the chair- passed out of the Senate last year. ACT OF 2005’’ men and ranking members of the Sen- For example, this agreement makes MANAGERS SUBSTITUTE AMENDMENT ate Health, Education, Labor, and Pen- very clear that, in addition to strong [July 2005] sions Committee and the House Energy legal privilege provisions, patient safe- and Commerce Committee. I want to ty work product will also be subject to SECTION 1. SHORT TITLE thank my colleagues Senator KENNEDY, a clear and affirmative duty of con- The Patient Safety and Quality Improve- Chairman BARTON, and Representative fidentiality. That is, not only will pa- ment Act of 2005. DINGELL for their hard work in bring- tient safety work product be subject to SECTION 2. AMENDMENTS TO PUBLIC HEALTH ing this agreement to fruition. a privilege in legal and related pro- SERVICE ACT Tremendous credit also goes to the ceedings, but the bill will also impose Creates a new Part C of Title IX of the HELP Committee’s previous Chairman, penalties of up to $10,000 per violation Public Health Service Act, Entitled ‘‘Patient Safety Improvement’’ Senator GREGG, whose tireless work on should such patient safety work prod- this issue was invaluable in bringing us uct be disclosed. SECTION 921. DEFINITIONS to where we are today, and to Senator It was a key priority of the Senate ‘‘Patient Safety Activities’’ describes ac- tivities involving providers and certified pa- JEFFORDS, sponsor of the original legis- bill that such information not only be lation upon which this agreement tient safety organizations (see Sec. 924, privileged in a legal proceeding, but below) which include the following: (1) ef- builds. also that serious consequences will forts to improve patient safety and the qual- The Patient Safety and Quality Im- ensue if patient safety organizations, ity of health care delivery, (2) collection and provement Act will create a framework providers, or anyone else divulges it in analysis of patient safety work product, (3) through which hospitals, doctors, and ways not permitted under the bill. I am development and dissemination of informa- other health care providers can work very pleased that the compromise tion with respect to improving patient safe- to improve health care quality in a agreement we are passing this week up- ty, such as recommendations, protocols, or protected legal environment. holds this commitment to an affirma- information regarding best practices, (4) uti- More specifically, the bill will extend lization of patient safety work product for tive duty of confidentiality. the purposes of encouraging a culture of crucial legal privilege and confiden- Also, we believed very strongly that safety and of providing feedback and assist- tiality protections to health care pro- the definition of patient safety work ance to effectively minimize patient risk, (5) viders to allow them to report health product—that is, exactly what kind of maintenance of procedures to preserve con- care errors and ‘‘near misses’’ to spe- information is to be protected—be fidentiality with respect to patient safety

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work product, (6) activities related to the op- sure of patient safety work product that does SECTION 924. PATIENT SAFETY ORGANIZATION eration of a patient safety evaluation system not include materials that assess the quality CERTIFICATION AND LISTING and to the provision of feedback to partici- of care of an identifiable provider or describe Provides for procedures to be used in the pants in a patient safety evaluation system. or pertain to one or more actions or failures certification, recertification, and (as nec- ‘‘Patient Safety Evaluation System’’ to act by an identifiable provider. essary) revocation of certification of patient means the collection, management, or anal- Provides that in most cases, the disclosure safety organizations by HHS. ysis of information for reporting to or by a of patient safety work product pursuant to Criteria for certification as a patient safe- patient safety organization. one of the exceptions above does not con- ty organization include the following: (1) the ‘‘Patient Safety Work Product’’ is the data stitute a waiver of privilege or confiden- mission and primary activity of the entity and other information for which the bill pro- tiality with respect to subsequent disclo- are to conduct activities that are to improve vides legal privilege and confidentiality pro- sures of such work product. patient safety and the quality of health care tection. Patient safety work product in- Provides that in most cases a patient safe- delivery, (2) the entity has appropriately cludes any data, reports, records, memo- ty organization shall not be compelled to qualified staff as determined by the Sec- randa, analyses (such as root cause anal- disclose information collected or developed retary, including medical professionals, (3) yses), or written or oral statements which: under this act, unless such information is the entity receives and reviews patient safe- (1) are assembled or developed by a provider identified, is not patient safety work prod- ty work product from more than one pro- for reporting to a patient safety organization uct, and is not available from another vider, (4) the entity is not a health insurance and are reported to such an organization, (2) source. issuer (as defined in section 2791 (b)(2) of the are developed by a patient safety organiza- Provides that an accrediting body shall not Public Health Service Act). tion for the conduct of patient safety activi- take an accrediting action against a provider Where applicable, the entity shall fully ties, or, (3) identify or constitute the delib- based on the provider’s participation in a pa- disclose to the Secretary any financial, re- erations or analyses of a patient safety eval- tient safety process, and that an accrediting porting, or contractual relationship between uation system, or which identify the fact of body may not require a provider to reveal its the entity and any provider that contracts reporting pursuant to such a system. communications with a patient safety orga- with the entity, and the fact that the entity Patient safety work product does not in- nization. is not managed, controlled, and operated clude a patient’s medical record, billing and Provides that a provider may not take an independently from any provider than con- discharge information, or any other original adverse employment action against an indi- tracts with the entity. patient or provider record, or information vidual based on such individual’s good faith The Secretary shall review such disclo- that is collected, maintained, or developed reporting of information to the provider or sures and make findings whether the entity separately, or exists separately, from a pa- to a patient safety organization. can fairly and accurately operate as a pa- tient safety evaluation system. Provides that civil monetary penalties of tient safety organization, and shall consider SECTION 922. PRIVILEGE AND CONFIDENTIALITY up to $10,000 per violation shall apply to any such findings in determining whether to ac- PROTECTIONS person who knowingly or recklessly violates cept, condition, deny, or revoke such entity’s Provides that patient safety work product the confidentiality or privilege protections, certification. is legally privileged and as such is not sub- as well as equitable relief to address a SECTION 925. TECHNICAL ASSISTANCE ject to (1) Federal, State or local civil, crimi- wrongful employment action. Where a viola- The. Secretary may provide technical as- nal, or administrative subpoena, (2) dis- tion of this act also constitutes a violation sistance to patient safety organizations, in- covery in connection with a Federal, State of the Health Insurance Portability and Ac- cluding convening annual meetings for pa- or local civil, criminal, or administrative countability Act (HIPAA), there shall be no tient safety organizations to discuss method- proceeding, (3) disclosure pursuant to the double penalty. ology, communication, data collection, or Freedom of Information Act (FOIA), (4) ad- Provides for a number of rules of construc- privacy concerns. mitted as evidence in any Federal or State tion, including that nothing in this act shall SECTION 926. SEVERABILITY civil, criminal, or administrative proceeding, be construed: (1) to limit other Federal, (5) admitted in a professional disciplinary State, or local laws that may provide for If any provision of this act is held to be un- proceeding. confidentiality or privilege provisions constitutional, the remainder of the act Provides that patient safety work product stronger than those in this act, (2) to limit shall be unaffected. is also confidential and shall not be dis- or affect current law pertaining to informa- Authorization of Appropriations—for pur- closed. tion that is not confidential or privileged poses of carrying out this act, there are au- Provides a number of exceptions to the under this act, (3) to alter or affect imple- thorized such sums as may be necessary for privilege and confidentiality protections: mentation of HIPAA, except where specifi- each of the fiscal years 2006 through 2010. Exceptions to both privilege and confiden- cally specified in this act, (4) to limit, alter, Mr. JEFFORDS. Mr. President, I tiality include disclosure of patient safety or affect any requirement for reporting to came to the floor today to commend work product in a criminal proceeding after the Food and Drug Administration informa- our colleagues and extend my apprecia- a court makes an in camera determination tion regarding the safety of an FDA-regu- tion to them because last night the that such work product contains evidence of lated product, (5) to prohibit any person Senate unanimously passed S. 544, the a criminal act and that it is material to the from conducting additional analysis for any Patient Safety and Quality Improve- proceeding and not reasonably available purpose regardless of whether such addi- from another source, disclosure of patient tional analysis involves issues identical to or ment Act of 2005. I do not believe it is safety work product if authorized by the pro- similar to those for which information was too great an exaggeration to say that viders identified in it, and disclosure of pa- reported to or assessed by a patient safety this bill will be among the most sig- tient safety work product when such disclo- organization. nificant healthcare legislation the Sen- sure is necessary in a proceeding against an Clarifies that for purposes of applying ate will consider during this Congress. employer for an adverse employment action HIPAA confidentiality regulations (regard- I say that because I believe this legisla- based on a person’s having made a good faith ing patient health information), patient tion will contribute immensely to the report to a patient safety organization. safety organizations shall be treated as busi- Exceptions to the confidentiality rule but current efforts that are underway to ness associates, and patient safety activities save lives and reduce the tragedy of not to the privilege protection include (1) of a provider under this act are deemed to be disclosure of patient safety work product to health care operations, as such terms are de- needless medical errors. carry out patient safety activities, (2) disclo- fined pursuant to HIPAA. This legislation starts with a simple sure of non-identifiable patient safety work Directs the Secretary to prepare a report, premise. Let us set up a system that product, (3) disclosure of patient safety work based on reporting to the Network of Patient helps our health care providers learn product for HHS-sanctioned research, (4) dis- Safety Databases (see Sec. 923 below), on ef- from each other. Let us set up a system closure by a provider of patient safety work fective strategies for reducing medical errors that promotes the reporting and anal- product to the FDA regarding products or and increasing patient safety. activities regulated by the FDA, (5) vol- ysis of medical errors. Let us set up a untary disclosure of patient safety work SECTION 923. PATIENT SAFETY NETWORK OF system that engenders the trust of pro- product by a provider to an accrediting body, DATABASES viders and the patients they serve. (6) such disclosures as the Secretary may de- Directs the Secretary to facilitate the cre- The passage of this legislation rep- termine are necessary to carry out business ation of a network of patient safety data- resents the successful culmination of operations, (7) disclosure of patient safety bases to collect and analyze relevant non- efforts, by many of our colleagues, that work product to law enforcement authorities identifiable patient safety information vol- began with the publication of a small relating to the commission of a crime if the untarily reported by patient safety organiza- but significant report about medical person making the disclosure reasonably be- tions, providers, or other entities, and to lieves that the work product being disclosed provide an interactive evidence-based man- errors. is necessary for criminal law enforcement agement resource. The Secretary may also With the publication of the Institute purposes, (8) with respect to persons who are establish common standards for the report- of Medicine, IOM, study, To Err is not patient safety organizations, the disclo- ing of such data. Human in 1999, we were all reminded

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.018 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8743 that Hippocrates’ maxim to ‘‘first, do in patient care as well. Examples of for patient safety information volun- no harm’’ is as relevant to the practice these include: ‘‘The Leapfrog Group’’ tarily shared among patient safety or- of medicine today as it was in 400 B.C. an initiative driven by organizations ganizations and providers. Our legisla- That IOM report was among the first that buy health care that are working tion reflects the belief that a culture of to galvanize national attention on the to initiate breakthrough improvements patient safety can flourish best in an issue of patient safety when it reported in the safety, quality and affordability environment where information, data, that medical errors contribute to ap- of healthcare; and the Institute for processes, and recommendations enjoy proximately 100,000 patient deaths a Healthcare Improvement, led by an legal protection and privilege. year. This startling and troubling sta- original IOM panel member, Dr. Don Because it appropriately addresses an tistic has been verified in subsequent Berwick, which has provided seminal obvious need and concern, the Patient studies and cited in peer reviewed arti- work advancing the goals of patient Safety and Quality Improvement Act cles in the leading journals of bio- safety. All of these efforts deserve our has enjoyed widespread endorsement medical research, including the Jour- gratitude because without them deaths by hospital, patient, doctor, and con- nal of the American Medical Associa- and injuries stemming from medical sumer advocacy organizations. This de- tion, the Lancet, and the New England errors would continue to increase. gree of support underscores the broad Journal of Medicine. However, many of the organizations appeal and essential nature of this pro- When I was Chairman of the Senate currently collecting patient safety posed legislation. Committee on Health, Education, data have expressed the need for legal In the time since the release of To Labor, and Pensions in 1999, I under- protections that will allow them to re- Err is Human, the Congress has been took several hearings—5 in all—to ex- view protected information so that unable to enact sensible legislation to amine this issue and discuss the rec- they may collaborate in the develop- reduce medical errors and increase pa- ommendations of the To Err is Human ment and implementation of patient tient safety. In that time, assuming report. The preponderance of testi- safety improvement strategies. that the IOM data are accurate, ap- mony overwhelmingly agreed with sev- The work of Lucien Leape, another proximately one-half million more in- eral of the original Institute of Medi- member of the IOM panel and adjunct dividuals have died and countless oth- cine recommendations. professor of health policy at Harvard ers have experienced significant inju- Perhaps the most important of these University, has supported this view. ries through medical errors. recommendations stresses that improv- Dr. Leape has argued persuasively that With the leadership of Chairman ENZI ing patient safety requires a learning we, as a society, will continue to have and Senator KENNEDY we have met to environment rather than a punitive en- difficulty reducing medical errors and work out differences with our col- vironment; voluntary data gathering improving patient safety because our leagues in the House and it too will systems as opposed to mandatory sys- institutions are ‘‘still locked into a soon consider legislation. I am encour- tems; and appropriate legal protec- blame and punish approach to errors aged that we have reconciled disagree- tions—including confidentiality and and a focus on individual culpability ments that have previously stopped privilege from discovery—that allow . . .’’ in turn, ‘‘the fear of malpractice this legislation from moving forward for the review and analysis of medical litigation thus becomes a major barrier and I hope the House will act favorably error information. to openly discussing and reporting er- so that this legislation can become In response to this attention to pa- rors.’’ law. tient safety issues, a myriad of public To respond to these needs, I and sev- We need to apply Hippocrates’ admo- and private patient safety initiatives eral of our colleagues have for many nition to ‘‘first, do no harm’’ beyond have begun. The Department of Health years introduced legislation that would the medical community to the legisla- and Human Services has initiated sev- promote the open discussion of medical tive community. We need to pass legis- eral patient safety projects, including errors that is so needed to curb these lation now that will help the health project grants funded by the Agency needless deaths and injuries. Last year, care community stop the needless in- for Healthcare Research and Quality, this legislation passed the Senate jury caused by unintentional medical AHRQ. The work of the Veterans’ Ad- unanimously, but unfortunately, a con- errors. ministration in developing and imple- ference with our House colleagues Of course, we also live in a complex menting innovative patient safety sys- never occurred. society—one in which medical errors tems—especially in the area of medica- This Congress, I reintroduced S. 544, that may have harmed a patient might tion management—has drawn atten- the Patient Safety and Quality Im- also be the basis for litigation. It is a tion from throughout the country. In provement Act, with the bipartisan right under our laws to seek a remedy addition, the Quality Interagency Co- support of Senators GREGG, BINGAMAN, when harmed, and we need to preserve ordination Taskforce has recommended ENZI, FRIST, and MURRAY. Our group access to certain information for this steps to improve patient safety that was soon joined in this effort by Sen- redress of grievances. can be taken by each Federal agency ators SESSIONS, LANDRIEU and COLLINS. However, an unfortunate con- involved in health care; and agency ac- Early in this session, the Health, Edu- sequence of living in a litigious society tivities to implement these steps are cation, Labor, and Pensions Committee is that hospitals and providers often ongoing. Finally, efforts are well un- unanimously passed S. 544. To Chair- feel that it’s not in their best interests derway to bring the advanced elec- man ENZI’s great credit, he recognized to share information openly and hon- tronic technology of the information- the significance of this legislation estly. We know, in fact, that their at- age to bear on solving many of the early-on and, enlisting the support of torneys and risk managers often advise problems associated with medical er- Senator KENNEDY, led the way to re- them not to do so. So, in order for our rors. solving differences between S. 544 and system to work, it needs to balance Several non-governmental organiza- language that was being considered by these sometimes competing demands. tions and professional societies have our colleagues in the House of Rep- I believe the Patient Safety and also ‘‘stepped up to the plate’’ on pa- resentatives. Together, these Members Quality Improvement Act strikes this tient safety. The Joint Commission on worked untiringly to hone and improve balance. It calls for the creation of new Accreditation of Healthcare Organiza- this legislation, which resulted in its entities we call Patient Safety Organi- tions, the U.S. Pharmacopoeia, the consideration by, and the unanimous zations that would collect voluntarily American Medical Association, medical support of, our colleagues last night. reported data in the form of patient specialty societies and other health The legislation raises expectations safety workproducts. This bill provides care providers including the American for higher standards for continuous pa- the protections of confidentiality and Hospital Association and the American tient safety improvement and it en- privilege to that patient safety data— Federation of Hospitals have launched courages a new and needed culture of but this bill also sets definite limita- innovative efforts dedicated to improv- patient safety among health care pro- tions on what can be considered con- ing patient safety. viders and American hospitals. The bill fidential and privileged. Consumers of healthcare and aca- accomplishes these goals by estab- This legislation does nothing to re- demia are involved in reducing errors lishing appropriate legal protections duce or affect other Federal, State or

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.010 S22JYPT1 S8744 CONGRESSIONAL RECORD — SENATE July 22, 2005 local legal requirements pertaining to We legislate on many issues in the With the right kind of support and care health related information. Nor does Congress, but it is not often we can say from VA, they are able to do so—even this bill alter any existing rights or that what we do makes a difference as with chronic and debilitating condi- remedies available to injured patients. a matter of life and death. Patient tions. I do want to say that for many The bottom line is that this legislation safety, however, is one of those issues. veterans, however, non-institutional neither strengthens nor weakens the When this legislation is signed into options will not work; and because of existing system of tort and liability law, everyone that has worked to im- this Congress is on record stating that law. prove it can know that, in this in- VA must have sufficient nursing home Instead, the legislation before us cre- stance, they have made that difference. capacity. ates a new, parallel system of informa- f tion collection and analysis, designed It is vital that VA’s role as a model to educate our doctors and protect pa- LONG-TERM CARE for long-term care be recognized and tients’ safety everywhere. This bill re- Mr. AKAKA. Mr. President, the De- rewarded, because we will have enor- flects difficult negotiations and many partment of Veterans Affairs is to be mous problems with demand for this compromises over almost 5 years of applauded for facilitating a conference care in the years ahead. The only enti- consideration. Through the contribu- on the role of medical foster homes. ty of any scope, size, or capacity that tions of Members on both sides of the The conference is titled: ‘‘Medical Fos- is dealing with how to meet the needs aisle, this legislation has been greatly ter Home: A New Choice for Long-Term of an older population is VA. This role strengthened since I first introduced it Care.’’ The conference kicks of tomor- of VA must be highlighted and sup- row in Little Rock, AR. back in the 106th Congress. ported. I offer my appreciation to the many I also want to applaud the conference contributions from several colleagues participants for taking time to attend who have worked to reach an agree- the conference. We truly must be open f ment on this legislation. But I believe to new ideas about how VA can care for Chairman ENZI and Ranking Member veterans in need of long-term care. In DEPARTMENT OF HOMELAND KENNEDY deserve special recognition in my view, medical foster homes are an SECURITY APPROPRIATIONS ACT their efforts to reach a consensus and important part of the equation. GRANTS so I commend them once again. I also We know that today VA is facing tre- want to commend the work of Chair- mendous demand for long-term care. In Ms. COLLINS. Mr. President, last man BARTON and that of the Dean of the years ahead, demand will explode. week, Senator LIEBERMAN and I offered, the House, Representative DINGELL, for Yet the President’s budget includes and the Senate adopted, Amendment their work to address our differences. significant cuts to long-term care pro- #1142 to H.R. 2360, the Department of It is my true hope that they can per- grams. The goal seems to reduce VA’s Homeland Security Appropriations suade their colleagues to favorably workload and shift the burden else- Act. The amendment, which seeks to consider this bill. where. But where are veterans to go? improve the process for providing When a significant bill makes its way Should VA be cutting back at a time homeland security grants to State and through the many hoops of the legisla- when demand is growing? Should these local governments, is nearly identical tive process and is destined to be cuts target needed nursing home and to S. 21, the Homeland Security Grant signed into law, as I believe this one is, state home beds? According to the we have a custom in the Senate that President’s budget proposal, the an- Enhancement Act of 2005, a bill which we take a moment to acknowledge swer is yes. was reported out of the Committee on those whose work on that measure There is another side to this story: Homeland Security and Governmental often has made difference between suc- there are places on the VA landscape Affairs. S. 21 was placed on the Sen- cess and failure. where some truly wonderful things are ate’s legislative calendar on May 4, Chainnan ENZI’s staff, Katherine happening to keep veterans well cared 2005, and a detailed and comprehensive McGuire, Steve Northrup, and espe- for and in the setting of their choice. report from the Committee, Senate Re- cially Andrew Patzman deserve many Good programs must be fostered. port 109–71, accompanied S. 21 at that thanks for their contributions and for Indeed, there are VA clinicians who, time. Because of the near identity of S. reflecting so well the leadership of the in grappling with the demand, have not 21 and the amendment, this report per- Chairman. From Senator KENNEDY’s of- waited but have found some innovative tains to Amendment #1142 as well. fice Michael Myers’ commitment to solutions. I am always deeply gratified Mr. LIEBERMAN. Mr. President, I this effort over the many years has by the level of dedication and innova- agree with the Senator from Maine often served to keep discussions going tion of VA employees, and I salute and David Bowen has once again dem- those who have moved forward. that the Committee report pertains to onstrated his ability to find common One such good program is the med- the amendment as well as to S. 21, on ground on difficult issues. Vince ical foster home program in Arkansas. which the amendment is almost wholly Ventimiglia and Peggy Binzer of Sen- In 2002, Tom McClure testified before based. The report provides a useful ex- ator GREGG’s office deserve special ac- the Senate VA Committee about the planation of, and a broader context to, knowledgement, not only for ‘‘advanc- foster home program. I know that all the amendment, and I recommend that ing the ball’’ throughout the last Con- the Members of the Committee were those participating in the conference of gress, but also for the legal expertise amazed at the success of the program— the Homeland Security Appropriations and insights they brought to the proc- despite some of the snags he has faced bill look to it to elucidate the amend- ess. along the way. Nearly 3 years later, it ment. Also, to the extent that the lan- The majority leader has been a part- seems VA is finally ready to advance guage of Amendment #1142 will be en- ner in this effort from the very begin- the concept. acted, I urge the Department of Home- ning and Dean Rosen and Liz Hall have For my part, I recently introduced land Security and others who may be contributed both their subject exper- legislation to develop a medical foster called upon to implement or interpret tise and their legislative navigational home program on the Island of Oahu in these provisions to look to the text of skills. Bruce Lesley of Senator BINGA- Hawaii. While we have a wonderful VA the committee report for guidance in MAN’s office and Anne Grady with Sen- nursing home—the Center on Aging, it that implementation or interpretation. ator MURRAY led the way with im- only has 60 beds. Unfortunately, com- provements to the bill that helped munity nursing homes have few beds, Ms. COLLINS. Mr. President, I join start its way down the bipartisan path as well. So, it is absolutely critical with the Senator from Connecticut in to success. Finally, I want to commend that Hawaii’s veterans be provided encouraging those who are conferees on Sean Donohue, of my staff, for his con- with needed long-term care. this bill and those who will be imple- tributions to the bill and also to his te- More and more veterans are seeking menting the amendment if it is en- nacious commitment over several alternatives to nursing homes. They acted to read and rely on the text of years to get this legislation enacted. want to remain in the community. Senate Report 109–71.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.011 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8745 ADDITIONAL STATEMENTS tional writing contest that gives mid- MESSAGE FROM THE HOUSE dle school students the opportunity to DURING ADJOURNMENT express themselves about community Under authority of the order of the COMMEMORATING THE 100TH problems including guns, gangs, drugs, ANNIVERSARY OF BIDWELL PARK Senate of January 4, 2005, the Sec- and violence. The students are asked to retary of the Senate, on July 21, 2005, ∑ Mrs. FEINSTEIN. Mr. President, I identify actions they can take to help during the adjournment of the Senate, would like to recognize the City of address such problems. received a message from the House of The Do the Write Thing Challenge, or Chico as they celebrate the 100th Anni- Representatives announcing that the DtWT, was created in 1994 and is spon- versary of Bidwell Park, which is a sig- House has agreed to the following con- nificant part of Chico’s identity and its sored by the National Campaign to current resolution, in which it requests crown jewel. Stop Violence. DtWT currently oper- the concurrence of the Senate: Bidwell Park was established in July ates in 22 cities and counties, including of 1905 when Annie Bidwell, wife of Chi- Detroit, MI. In 2005, more than 32,000 H. Con. Res. 212. Concurrent resolution to co’s founding father, John Bidwell, correct technical errors in the enrollment of students nationwide participated in the bill H.R. 3377. gave the City 1,902 acres of their ranch, DtWT by written submissions and by Rancho del Arroyo Chico. Since that pledging not to engage in violence. Under authority of the order of the time, the City has purchased additional Since its creation, more than 145,000 Senate of January 4, 2005, the Sec- land enlarging the park to its present students have participated in the retary of the Senate, on July 21, 2005, day size of 3,670 acres, making it the DtWT Challenge. during the adjournment of the Senate, largest municipal park per capita in The national DtWT finalists from received a message from the House of the United States. each participating jurisdiction re- Representatives announcing that the Bidwell Park has a long history with cently came to Washington, DC to talk Speaker has signed the following en- the people of Chico and surrounding to lawmakers about youth violence and rolled bill: areas in Northern California. Some of its impact on their lives. In addition, H.R. 3377. An act to provide an extension of America’s classic movies such as the the finalists were honored by the Na- highway, highway safety, motor carrier safe- Adventures of Robin Hood, starring tional Campaign to Stop Violence at a ty, transit, and other programs funded out of Errol Flynn, Gone with the Wind and national recognition ceremony. Among the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Red Badge of Courage were filmed in those honored were Samantha Medina Equity Act for the 21st Century. Bidwell Park using the Park’s natural and Michael Henderson of Detroit, MI. setting and wild landscape as a back- Samantha and Michael both ad- Under the authority of the order of drop. dressed the issue of gun violence in July 21, 2005, the enrolled bill was Today, the City of Chico estimates their writings. In her poem, Samantha signed on July 21, 2005, during the ad- that there are between 150,000 and wrote about the constant threat that journment of the Senate, by the Acting 200,000 visits to Bidwell Park every guns pose to her family and friends. President pro tempore (Mr. MCCON- year. Citizens who visit the Park can Michael wrote a personal essay about NELL). take advantage of wide-ranging rec- two friends and an uncle who were f reational opportunities such as cooling murdered by criminals using guns. MESSAGE FROM THE HOUSE off in one of the countless swimming Both students also chose to write about holes or making the most of approxi- the importance of nonviolent solutions At 1:50 p.m., a message from the mately 72 miles of trails for hiking, in resolving conflict and how the ac- House of Representatives, delivered by horseback riding and mountain biking. tions of individuals impact the safety Ms. Niland, one of its reading clerks, Bidwell Park also serves as an ideal of their entire community. announced that the House has passed venue for numerous community events I congratulate Samantha and Mi- the following bill, in which it requests such as Chico’s 4th of July Community chael, and the other DtWT national fi- the concurrence of the Senate: Celebration held at the One-Mile nalists as well as all of the participants H.R. 2601. An act to authorize appropria- Recreation Area and the Annual across America for their achievements tions for the Department of State for fiscal Shakespeare in the Park Series as well and efforts to eliminate violence from years 2006 and 2007, and for other purposes. as the hundreds of family gatherings, the areas where they live. I believe f weddings and company picnics. Congress can do more to support their MEASURES PLACED ON THE I would like to especially recognize efforts. Several pieces of legislation CALENDAR the work done by the Bidwell Park which would increase the number of po- The following bill was read the first Centennial Committee and their Co- lice officers on our streets, increase re- and second times by unanimous con- Chairs Tom Barrett and Chico City sources for school and community vio- Councilmember Ann Schwab for their lence prevention programs, and make sent, and placed on the calendar: tireless efforts organizing the scores of it more difficult for criminals to obtain H.R. 2601. An act to authorize appropria- events commemorating Bidwell Park’s powerful weapons are currently await- tions for the Department of State for fiscal years 2006 and 2007, and for other purposes. 100th birthday. ing further consideration in the Sen- I would be remiss if I did not mention ate. I urge my colleagues to take up f the contributions of the Bidwell Park and pass these bills to make our fami- REPORTS OF COMMITTEES Centennial Supporters and volunteers, ∑ lies and communities more safe. The following reports of committees especially the Chico Creek Nature Cen- f were submitted: ter, for all of their time and resources that illustrate the possibilities that MESSAGES FROM THE PRESIDENT By Mr. SPECTER, from the Committee on can be realized when public and private Messages from the President of the the Judiciary, with an amendment in the na- ture of a substitute: interests come together for the benefit United States were communicated to S. 1389. A bill to reauthorize and improve of the community. the Senate by Ms. Evans, one of his the USA PATRIOT Act. Again let me say congratulations to secretaries. f the City of Chico and all of the people f participating in events celebrating INTRODUCTION OF BILLS AND Bidwell Park’s centennial year. You EXECUTIVE MESSAGES REFERRED JOINT RESOLUTIONS should feel proud of all that you are As in executive session the Presiding The following bills and joint resolu- doing and I wish you the very best in Officer laid before the Senate messages tions were introduced, read the first the future.∑ from the President of the United and second times by unanimous con- f States submitting sundry nominations sent, and referred as indicated: which were referred to the appropriate By Mr. VOINOVICH: DO THE WRITE THING CHALLENGE committees. 2005 S. 1464. A bill to make a technical correc- (The nominations received today are tion to the Act providing for the designation ∑ Mr. LEVIN. Mr. President, the ‘‘Do printed at the end of the Senate pro- of the David Berger Memorial; to the Com- the Write Thing Challenge’’ is a na- ceedings.) mittee on Energy and Natural Resources.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.044 S22JYPT1 S8746 CONGRESSIONAL RECORD — SENATE July 22, 2005 By Mr. LAUTENBERG (for himself, S. Res. 205. A resolution honoring the life and maintenance of cord blood units Mr. INOUYE, Mrs. BOXER, Mr. LEVIN, and legacy of Constantino Brumidi and rec- for the treatment of patients and re- and Mr. SARBANES): ognizing his contributions to the United search, and to amend the Public Health S. 1465. A bill to strengthen programs re- States on the 200th anniversary of his birth; Service Act to authorize the Bone Mar- lating to ocean, coastal, and Great Lakes considered and agreed to. row and Cord Blood Cell Transplan- science training by providing coordination of By Mr. SMITH (for himself and Mr. efforts, greater interagency cooperation, and LAUTENBERG): tation Program to increase the number the strengthening and expansion of related S. Res. 206. A resolution designating Au- of transplants for recipients suitable programs administered by the National Oce- gust 2005 as ‘‘Psoriasis Awareness Month’’; to matched to donors of bone marrow and anic and Atmospheric Administration, and the Committee on the Judiciary. cord blood. to diversify the ocean, coastal, and Great By Mr. CHAMBLISS (for himself, Mr. S. 1375 Lakes science community by attracting NELSON of Nebraska, Ms. COLLINS, At the request of Mr. MCCAIN, the underrepresented groups; to the Committee Mr. VITTER, Mr. MARTINEZ, Mr. name of the Senator from New Mexico on Commerce, Science, and Transportation. THUNE, and Mr. JOHNSON): (Mr. DOMENICI) was added as a cospon- By Mr. SANTORUM: S. Con. Res. 45. A concurrent resolution S. 1466. A bill to suspend temporarily the supporting the goals and ideals of National sor of S. 1375, a bill to amend the In- duty on Desmodur R–E; to the Committee on Life Insurance Awareness Month, and for dian Arts and Crafts Act of 1990 to Finance. other purposes; to the Committee on the Ju- modify provisions relating to criminal By Mr. SANTORUM: diciary. proceedings and civil actions, and for S. 1467. A bill to suspend temporarily the By Mr. BROWNBACK (for himself and other purposes. duty on Walocel VP–M 20660; to the Com- Mr. SMITH): S. 1418 S. Con. Res. 46. A concurrent resolution ex- mittee on Finance. At the request of Mr. ENZI, the names By Mr. SANTORUM: pressing the sense of the Congress that the of the Senator from New Hampshire S. 1468. A bill to reduce temporarily the Russian Federation should fully protect the duty on Crelan VP LS 2147 (self-blocked freedoms of all religious communities with- (Mr. GREGG), the Senator from Nevada cycloaliphatic polyuretdione); to the Com- out distinction, whether registered and un- (Mr. ENSIGN), the Senator from Ala- mittee on Finance. registered, as stipulated by the Russian Con- bama (Mr. SESSIONS), the Senator from By Mr. SANTORUM: stitution and international standards; to the Rhode Island (Mr. REED) and the Sen- S. 1469. A bill to suspend temporarily the Committee on Foreign Relations. ator from Louisiana (Ms. LANDRIEU) duty on Desmodur BL XP 2468; to the Com- f were added as cosponsors of S. 1418, a mittee on Finance. bill to enhance the adoption of a na- ADDITIONAL COSPONSORS By Mr. SANTORUM: tionwide interoperable health informa- S. 1470. A bill to suspend temporarily the S. 390 tion technology system and to improve duty on Desmodur HL; to the Committee on At the request of Mr. DODD, the name Finance. the quality and reduce the costs of By Mr. SANTORUM: of the Senator from Massachusetts health care in the United States. S. 1471. A bill to suspend temporarily the (Mr. KENNEDY) was added as a cospon- S. 1420 duty on Desmodur RF–E; to the Committee sor of S. 390, a bill to amend title XVIII At the request of Mr. ENZI, the name on Finance. of the Social Security Act to provide of the Senator from Utah (Mr. HATCH) By Mr. SARBANES (for himself, Ms. for coverage of ultrasound screening was added as a cosponsor of S. 1420, a MIKULSKI, Ms. LANDRIEU, Mr. WAR- for abdominal aortic aneurysms under bill to amend the Federal Food, Drug, NER, and Mr. ALLEN): part B of the medicare program. and Cosmetic Act with respect to med- S. 1472. A bill to amend the Federal Water Pollution Control Act and the Water Re- S. 1086 ical device user fees. sources Development Act of 1992 to provide At the request of Mr. HATCH, the S. 1424 for the restoration, protection, and enhance- name of the Senator from Ohio (Mr. At the request of Mr. ENSIGN, the ment of the environmental integrity and so- DEWINE) was added as a cosponsor of S. name of the Senator from Rhode Island cial and economic benefits of the Anacostia 1086, a bill to improve the national pro- (Mr. CHAFEE) was added as a cosponsor Watershed in the State of Maryland and the gram to register and monitor individ- of S. 1424, a bill to remove the restric- District of Columbia; to the Committee on uals who commit crimes against chil- tions on commercial air service at Environment and Public Works. Love Field, Texas. By Ms. COLLINS (for herself and Mr. dren or sex offenses. S. RES. 198 KENNEDY): S. 1129 S. 1473. A bill to amend the Internal Rev- At the request of Mr. LUGAR, the At the request of Ms. MIKULSKI, the enue Code of 1986 to provide a business credit name of the Senator from South Da- name of the Senator from New Jersey against income for the purchase of fishing kota (Mr. THUNE) was added as a co- (Mr. CORZINE) was added as a cosponsor safety equipment; to the Committee on Fi- sponsor of S. 1129, a bill to provide au- of S. Res. 198, a resolution commemo- nance. thorizations of appropriations for cer- rating the 25th anniversary of the 1980 By Mrs. HUTCHISON (for herself and worker’s strike in Poland and the birth Mr. CORNYN): tain development banks, and for other purposes. of the Solidarity Trade Union, the first S. 1474. A bill to amend the Deficit Reduc- free and independent trade union estab- tion Act of 1984 to clarify the Permanent S. 1248 lished in the Soviet-dominated coun- University Fund arbitrage exception and to At the request of Ms. LANDRIEU, the tries of Europe. increase from 20 percent to 30 percent the name of the Senator from Mississippi amount of securities and obligations benefit- AMENDMENT NO. 1354 (Mr. COCHRAN) was added as a cospon- ting from the exception; to the Committee At the request of Mr. ALLARD, the sor of S. 1248, a bill to establish a ser- on Finance. name of the Senator from Colorado vitude and emancipation archival re- By Mr. VITTER: (Mr. SALAZAR) was added as a cospon- search clearinghouse in the National S. 1475. A bill to suspend temporarily the sor of amendment No. 1354 intended to Archives. duty on cyclopentanone; to the Committee be proposed to S. 1042, an original bill on Finance. S. 1300 By Mr. VITTER: to authorize appropriations for fiscal At the request of Mr. SANTORUM, the year 2006 for military activities of the S. 1476. A bill to suspend temporarily the name of the Senator from Missouri duty on glyoxylic acid; to the Committee on Department of Defense, for military Finance. (Mr. BOND) was added as a cosponsor of construction, and for defense activities S. 1300, a bill to amend the Agricul- f of the Department of Energy, to pre- tural Marketing Act of 1946 to estab- scribe personnel strengths for such fis- SUBMISSION OF CONCURRENT AND lish a voluntary program for the provi- cal year for the Armed Forces, and for SENATE RESOLUTIONS sion of country of origin information other purposes. The following concurrent resolutions with respect to certain agricultural AMENDMENT NO. 1356 and Senate resolutions were read, and products, and for other purposes. At the request of Mr. DEWINE, the referred (or acted upon), as indicated: S. 1317 name of the Senator from Ohio (Mr. ATCH By Mr. ENZI (for himself, Mr. KEN- At the request of Mr. H , the VOINOVICH) was added as a cosponsor of NEDY, Mr. SARBANES, Ms. SNOWE, Mr. name of the Senator from Indiana (Mr. amendment No. 1356 intended to be pro- JEFFORDS, Mr. FRIST, Mrs. CLINTON, LUGAR) was added as a cosponsor of S. posed to S. 1042, an original bill to au- and Mr. REID): 1317, a bill to provide for the collection thorize appropriations for fiscal year

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.024 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8747 2006 for military activities of the De- improve the general science literacy of I ask Unanimous Consent that the partment of Defense, for military con- Americans, which is a key to remain- text of the bill be printed in the struction, and for defense activities of ing competitive in today’s global econ- RECORD. the Department of Energy, to prescribe omy. There being no objection, the bill was personnel strengths for such fiscal year The bill will also foster a deeper ap- ordered to be printed in the RECORD, as for the Armed Forces, and for other preciation of our oceans and fragile follows: purposes. coastal environment. As the U.S. Com- S. 1465 AMENDMENT NO. 1389 mission on Ocean Policy, Ocean Com- Be it enacted by the Senate and House of Rep- mission, pointed out in a report last resentatives of the United States of America in At the request of Mr. THUNE, the Congress assembled, name of the Senator from Mississippi year, our oceans and their resources are in trouble. Fishery stocks are de- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (Mr. LOTT) was added as a cosponsor of (a) SHORT TITLE.—This Act may be cited as amendment No. 1389 proposed to S. clining . . . development is changing the ‘‘Ocean and Coastal Literacy in Urban 1042, an original bill to authorize ap- our coastal environments . . . and and other Environments’’. propriations for fiscal year 2006 for water quality has become a problem in (b) TABLE OF CONTENTS.—The table of con- military activities of the Department many areas. tents for this Act is as follows: of Defense, for military construction, We won’t solve these challenges over- Sec. 1. Short title; table of contents. night. The future of our oceans and Sec. 2. Findings. and for defense activities of the De- Sec. 3. Definitions. partment of Energy, to prescribe per- coastal regions rests with young peo- ple—so we must nurture their interest TITLE I—OCEAN AND COASTAL SCIENCE sonnel strengths for such fiscal year EDUCATION COORDINATION for the Armed Forces, and for other in ocean and coastal science. The Ocean Commission also pointed Sec. 101. National Science and Technology purposes. Council Technical Amend- out that the level of science knowledge AMENDMENT NO. 1399 ments. among graduating high school seniors Sec. 102. National Ocean and Coastal At the request of Mrs. FEINSTEIN, the is well below other nations. We must Science Education Task Force. names of the Senator from California bridge this science gap. And one of the Sec. 103. Ocean and coastal science edu- (Mrs. BOXER) and the Senator from best ways to get kids excited about cation advisory panel. Iowa (Mr. HARKIN) were added as co- science is by drawing on their own ex- TITLE II—INTERAGENCY PROGRAMS TO sponsors of amendment No. 1399 pro- periences of our oceans, coasts, and ADVANCE OCEAN AND COASTAL KNOWLEDGE posed to S. 1042, an original bill to au- Great Lakes. Kids are captivated by Sec. 201. National strategy for ocean and coastal science education. thorize appropriations for fiscal year marine science. Their eyes light up 2006 for military activities of the De- Sec. 202. Ocean and coastal science edu- when you show them an octopus squirt- cation program. partment of Defense, for military con- ing ink, a porpoise leaping out of the struction, and for defense activities of TITLE III—NOAA OCEAN AND COASTAL water, or an ocean wave pounding the SCIENCE EDUCATION PROGRAMS the Department of Energy, to prescribe shore. Sec. 301. NOAA ocean and coastal science personnel strengths for such fiscal year The bill we are introducing today, education programs. for the Armed Forces, and for other Ocean and Coastal Literacy in Urban Sec. 302. Amendment to the National Sea purposes. and other Environments—or Ocean Grant College Program Act. AMENDMENT NO. 1402 CLUE—will ensure that our students Sec. 303. Amendment to the Coastal Zone Management Act of 1972. At the request of Mr. AKAKA, the have an opportunity to learn about the TITLE IV—AUTHORIZATIONS name of the Senator from Illinois (Mr. ocean. Sec. 401. Authorization of appropriations. DURBIN) was added as a cosponsor of Agencies like the National Oceanic amendment No. 1402 intended to be pro- SEC. 2. FINDINGS. and Atmospheric Administration The Congress finds the following: posed to S. 1042, an original bill to au- (NOAA), the National Science Founda- (1) The coastal regions and ocean waters of thorize appropriations for fiscal year tion and NASA already have wonderful the United States are vital to the Nation’s 2006 for military activities of the De- ocean education programs. Ocean public safety, homeland security, transpor- partment of Defense, for military con- CLUE will provide a Task Force to co- tation, trade, energy production, recreation struction, and for defense activities of ordinate these activities and help and tourism, food production, scientific re- the Department of Energy, to prescribe shape a national ocean and coastal edu- search and education, environmental and personnel strengths for such fiscal year human health, and historical and cultural cation strategy. heritage. for the Armed Forces, and for other Our bill will also create a program (2) Development, resource extraction, and purposes. within NOAA that will complement ex- other human activities throughout water- f isting programs and satisfy an area of sheds, coupled with an expanding coastal need identified by the Ocean Commis- population, are contributing to processes of STATEMENTS ON INTRODUCED sion: minority representation in ocean environmental change that may signifi- BILLS AND JOINT RESOLUTIONS and coastal careers. cantly threaten the long-term health and By Mr. LAUTENBERG (for him- Our new K–12 program will also focus sustainability of ocean, coastal, and Great self, Mr. INOUYE, MRS. BOXER, on urban areas. Though many coastal Lakes ecosystems. (3) The United States Commission on Mr. LEVIN, and Mr. SARBANES): problems can be traced far up water- Ocean Policy reports that United States high S. 1465. A bill to strengthen programs sheds to suburban and rural water- school graduates’ scientific literacy is below relating to ocean, coastal, and Great sheds, problems are often most acute in the international average and finds that ex- Lakes science training by providing co- population centers. This new urban citing ocean, coastal, and Great Lakes ordination of efforts, greater inter- focus will complement existing ocean sciences and education has the potential to agency cooperation, and the strength- and coastal science programs. My hope stem the tide of science illiteracy in the Na- ening and expansion of related pro- is that any science teacher nationwide tion. grams administered by the National will be able, with the click of a mouse, (4) Development and implementation of Oceanic and Atmospheric Administra- ocean, coastal, and Great Lakes literacy pro- to easily find an ocean and coastal edu- grams are essential to ensure a public that is tion, and to diversify the ocean, coast- cation program that perfectly suits fully knowledgeable about, fully informed al, and Great Lakes science community their needs. about, and fully capable of decisions contrib- by attracting underrepresented groups; Our oceans are one of the greatest uting to ocean, coastal, and Great Lakes to the Committee on Commerce, legacies we will bequeath to our chil- issues. Science, and Transportation. dren and grandchildren. We must also (5) Development and implementation of Mr. LAUTENBERG. Mr. President, I bequeath to them the knowledge and education and training programs are essen- rise to introduce a bill that will en- training to manage this crucial re- tial to build a national scientific, techno- hance science education for kids of all logical, and engineering workforce fully rep- source. This bill will do that. resentative of the Nation’s citizens that ages—including my age. I want to thank my colleagues who meets the needs of growing ocean, coastal, This bill capitalizes upon the natural are co-sponsoring this legislation: Sen- and Great Lakes economies and better pre- allure of our oceans and coastlines to ators INOUYE, BOXER, LEVIN, and SAR- pares the Nation for competition in the glob- spark an interest in science. This will BANES. al economy.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.025 S22JYPT1 S8748 CONGRESSIONAL RECORD — SENATE July 22, 2005 (6) Those involved in ocean, coastal, and the development of methods and instruments ‘‘(1) identify research approaches and pri- Great Lakes policy and sciences are not fully to study and monitor such environments, orities which most effectively advance sci- representative of the Nation’s citizens, with and the conduct of basic and applied research entific understanding and provide a basis for only 10 percent of United States graduate to advance understanding of— policy decisions; students in marine sciences from underrep- (A) the physics, chemistry, biology, and ge- ‘‘(2) provide for effective cooperation and resented groups. ology of the ocean, coasts, and Great Lakes; coordination of research among Federal (7) A coordinated program of ocean and (B) ocean, coastal, and Great Lakes proc- agencies; and coastal science education would assist the esses and interactions with other compo- ‘‘(3) encourage domestic and, as appro- Nation and the world in furthering knowl- nents of the total Earth system; and priate, international cooperation among gov- edge of the ocean and the global climate sys- (C) the impacts of the ocean, coastal re- ernment, industry and university scientists. tem, ensuring homeland and national secu- gions, and Great Lakes on society and man- ‘‘(c) OTHER DUTIES.—The Council shall per- rity, developing innovative marine products, ner in which such environments are influ- form such other related advisory duties as improving weather and climate forecasts, enced by human activity. shall be assigned by the President or by the improving human health, strengthening (7) OCEAN AND COASTAL SCIENCE EDU- Chair of the Council. management and sustainable use of ocean CATION.—The term ‘‘ocean and coastal ‘‘(d) ASSISTANCE OF OTHER AGENCIES.—For and coastal resources, increasing the safety science education’’ includes literacy, out- the purpose of carrying out the provisions of and efficiency of maritime operations, and reach, formal education, and informal edu- this section, each Federal agency rep- protecting the environment and mitigate cation focused on the oceans, coasts, and resented on the Council shall furnish nec- man-made and natural hazards. Great Lakes at all levels, including elemen- essary assistance to the Council, including— (8) Seven of the 10 most populated urban tary, secondary, undergraduate, graduate, ‘‘(1) detailing employees to the Council to centers in the United States are located and the general public. perform such functions, consistent with the along our marine, estuarine, and Great (8) STRATEGY.—The term ‘‘strategy’’ means purposes of this section, as the Chairman of Lakes coasts, and a coordinated program of the National Strategy for Ocean and Coastal the Council may assign to them; and education specifically focused on urban Science, Education, and Literary developed ‘‘(2) undertaking upon the request of the coastal issues, including urban stakeholders, under section 201. Chair, such special studies for the Council as would focus national attention on the unique (9) TASK FORCE.—The term ‘‘task force’’ come within the scope of authority of the challenges faced by urban coastal commu- means the National Ocean and Coastal Council. nities. Science Education Task Force established ‘‘(e) STANDING COMMITTEES; TASK FORCES; (9) Increased Federal cooperation and in- under section 102. WORKING GROUPS.—For the purpose of devel- oping interagency plans, conducting studies, vestment are essential to build on ocean, (10) UNDERREPRESENTED GROUP.—The term coastal, and Great Lakes research and edu- ‘‘underrepresented group’’ means, with re- and making reports as directed by the Chair- cation activities that are taking place with- spect to ocean and coastal sciences, policy, man, standing committees, task forces, and in numerous federal, state, and local agen- and education programs and activities, mem- working groups of the Council may be estab- cies, academic institutions and industries bers of a minority group, women, individuals lished.’’. and to establish new partnerships for sharing with disabilities, and any other class of indi- SEC. 102. NATIONAL OCEAN AND COASTAL ocean, coastal, and Great Lakes science re- viduals who are underrepresented. SCIENCE EDUCATION COMMITTEE. (a) TASK FORCE.—The President shall es- sources, intellectual talent, and facilities. TITLE I—OCEAN AND COASTAL SCIENCE tablish a National Ocean and Coastal SEC. 3. DEFINITIONS. EDUCATION COORDINATION Science Education Task Force. In this Act: SEC. 101. NATIONAL SCIENCE AND TECHNOLOGY (b) MEMBERSHIP.—The task force shall be (1) ADMINISTRATOR; ADMINISTRATION.—The COUNCIL TECHNICAL AMENDMENTS. composed senior representatives with re- terms ‘‘Administrator’’ and ‘‘Administra- (a) DIRECTOR OF OFFICE OF SCIENCE AND sponsibility for, and expertise in, education tion’’ mean the Administrator of the Na- TECHNOLOGY POLICY TO CHAIR COUNCIL.—Sec- from each of the following agencies and de- tional Oceanic and Atmospheric Administra- tion 207(a) of the National Science and Tech- partments: tion and that Administration, respectively. nology Policy, Organization, and Priorities (1) The National Oceanic and Atmospheric (2) ADVISORY PANEL.—The term ‘‘Advisory Act of 1976 (42 U.S.C. 6616(a)) is amended— Administration. Panel’’ means the Ocean Research and Edu- (1) by striking ‘‘CHAIRMAN OF FEDERAL CO- (2) The Navy. cation Advisory Panel established under sec- ORDINATING COUNCIL FOR SCIENCE, ENGINEER- (3) The National Science Foundation. tion 103. ING, AND TECHNOLOGY’’ in the subsection (4) The National Aeronautics and Space (3) COUNCIL.—The term ‘‘Council’’ means heading and inserting ‘‘CHAIR OF THE NA- Administration. the National Science and Technology Coun- TIONAL SCIENCE AND TECHNOLOGY COUNCIL’’; (5) The Department of Energy. cil. and (6) The Environmental Protection Agency. (4) MINORITY-SERVING INSTITUTION.—The (2) by striking paragraph (1) and inserting (7) The Coast Guard. term ‘‘minority-serving institution’’ means the following: (8) The United States Geological Survey. an institution that is— ‘‘(1) serve as Chair of the National Science (9) The United States Fish and Wildlife (A) a historically Black college or univer- and Technology Council; and’’. Service. sity that is a part B institution, as defined in (b) FUNCTIONS.—Section 401 of the National (10) The National Park Service. section 322(2) of the Higher Education Act of Science and Technology Policy, Organiza- (11) The Minerals Management Service. 1965 (20 U.S.C. 1061(2)); tion, and Priorities Act of 1976 (42 U.S.C. (12) The Army Corps of Engineers. (B) a Hispanic-serving institution, as de- 6651) is amended to read as follows: (13) The National Institutes of Health. fined in section 502(a)(5) of the Higher Edu- ‘‘SEC. 401. FUNCTIONS OF COUNCIL. (14) The Department of Agriculture. cation Act of 1965 (20 U.S.C. 1101a(a)(5)); ‘‘(a) IN GENERAL.—The National Science (15) The Office of Science and Technology (C) a tribally controlled college or univer- and Technology Council shall consider prob- Policy. sity, as defined in section 316(b)(3) of the lems and developments in the fields of (16) The Department of Labor. Higher Education Act of 1965 (20 U.S.C. science, technology, engineering, and mathe- (17) The Department of Education. 1059c(b)(3)); matics and related activities affecting more (18) The Smithsonian Institution. (D) an Alaska Native-serving institution than one Federal agency, and shall rec- (19) Such other Federal agencies and de- under section 317(b) of the Higher Education ommend policies and other measures de- partments as the chair and vice chairs of the Act of 1965 (20 U.S.C. 1059d(b)); signed to— task force deem appropriate. (E) a Native Hawaiian-serving institution ‘‘(1) provide more effective planning and (c) CHAIR AND VICE CHAIRS.—The chair and under section 317(b) of the Higher Education administration of Federal scientific, engi- vice chairs of the task force shall be ap- Act of 1965 (20 U.S.C. 1059d(b)); or neering, and technology programs; pointed every 2 years by a selection com- (F) an institution determined by the Sec- ‘‘(2) identify research and education needs, mittee composed of leaders of the depart- retary of Education to have enrolled a sub- including areas requiring additional empha- ments and agencies represented on the task stantial number of minority, low-income sis; force including, at a minimum, the Adminis- students during the previous academic year ‘‘(3) achieve more effective use of the sci- trator and the Director of the National who received assistance under subpart I of entific, engineering, and technological re- Science Foundation. The term of office of part A of title IV of the Higher Education sources and facilities of Federal agencies, in- the chair and vice chairs shall be 2 years. A Act of 1965 (20 U.S.C. 1070a et seq.) for that cluding elimination of unwarranted duplica- person who has previously served as chair or year. tion; and vice chair may be reappointed. (5) OCEAN AND COASTAL.—When used as an ‘‘(4) further international cooperation in (d) RESPONSIBILITIES.—The task force adjective, the term ‘‘ocean and coastal’’ science, engineering and technology. shall— means ocean, coastal (including estuarine), ‘‘(b) COORDINATION.—The Council may be (1) serve as the primary source of advice and Great Lakes. assigned responsibility for developing long- and support on ocean and coastal science (6) OCEAN AND COASTAL SCIENCES.—The range and coordinated plans for scientific education for the Council and assist in car- term ‘‘ocean and coastal sciences’’ includes and technical research and education activi- rying out the functions of the Council as the exploration of ocean, coastal (including ties which involve the participation of more they relate to such matters, including budg- estuarine), and Great Lakes environments, than 2 agencies. The plans shall— etary analyses;

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.026 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8749 (2) serve as the committee on ocean and education, outreach, ocean and coastal man- (2) Partnerships among Federal agencies, coastal science education for the Council and agement and policy, and ocean engineering. States, academia, industries, members of the carry out Council functions under section 401 (4) REPRESENTATIVES OF UNDERREP- ocean and coastal science community, and of the National Science and Technology Pol- RESENTED GROUPS.—Representatives of underrepresented groups. icy, Organization, and Priorities Act of 1976 underrepresented groups shall have balanced (3) Workforce and professional develop- (42 U.S.C. 6651) that relate to ocean and representation on the advisory panel without ment including traineeships, scholarships, coastal sciences; regard to the requirements of paragraphs (2) fellowships, and internships. (3) improve cooperation among Federal de- and (3). (4) Information management systems that partments and agencies with respect to (b) RESPONSIBILITIES.—The advisory panel provide information from varied sources to ocean and coastal sciences and education will advise the task force on— produce information readily usable by ocean budgets, programs, operations, facilities and (1) development and implementation of the and coastal science educators, students, and personnel; national strategy for ocean and coastal the public. (4) stimulate collaborations among Federal science education; (5) The development, adapted for ocean and departments and agencies to allow more effi- (2) matters relating to links between ocean coastal science education, of technology and cient and effective use of existing Federal as- and coastal science education and ocean and sensor development, including adaptation of sets; coastal observing systems, oceanographic fa- their products for ocean and coastal science (5) provide a forum for development of the cilities and laboratories, and national ocean- education. national strategy for ocean and coastal ographic data requirements; (6) The development of information man- science education and oversee its implemen- (3) issues pertaining to involvement of agement systems and new learning tech- tation; underrepresented groups in ocean-related ca- nologies for efficient delivery of Federal ma- (6) establish standards for United States reers; and rine science assets to students, teachers, and ocean and coastal literacy, which may in- (4) Any additional matters that the task citizen decision-makers. clude development of ocean and coastal force considers appropriate. (d) PUBLIC PARTICIPATION.—In developing science assessments or curricula to meet na- (c) FUNDING.—The chair and vice chairs of the strategy, the task force shall consult tional or State science standards in elemen- the task force annually shall make funds with the Advisory Panel, academic, State, tary and secondary education science pro- available to support the activities of the Ad- industry, museums and aquariums, edu- grams; visory Panel. cation, and conservation groups and rep- (7) establish standards for an ocean and TITLE II—INTERAGENCY PROGRAMS TO resentatives. Not later than 90 days before coastal literacy outreach program to link ADVANCE OCEAN AND COASTAL KNOWL- the chair submits the strategy, or any revi- science and education programs to broader EDGE sion thereof, to the Congress, a summary of communities, especially with respect to SEC. 201. NATIONAL STRATEGY FOR OCEAN AND the proposed strategy or revision and a re- underrepresented groups and urban coastal COASTAL SCIENCE EDUCATION AND sponse to comments shall be published in the areas; LITERACY. Federal Register for a public comment pe- (8) foster the development of ocean and (a) IN GENERAL.—The task force shall de- riod of not less than 60 days. coastal education and outreach programs velop a national strategy for ocean and that are integrated with and based upon Fed- SEC. 202. OCEAN AND COASTAL SCIENCE EDU- coastal science education and literacy. The CATION PROGRAM. eral ocean and coastal science programs and chair shall submit the strategy to the Con- (a) ESTABLISHMENT.—Consistent with the that link educators and scientists, especially gress within 1 year after the date of enact- with respect to underrepresented groups and ment of this Act, and submit a revised strat- strategy, the President shall establish an specifically urban coastal issues; egy at least once every 3 years thereafter. interagency ocean and coastal education pro- (9) coordinate Federal programs to im- The initial strategy shall be based on the gram to improve public awareness, under- prove representation of underrepresented recommendations of the United States Com- standing, and appreciation of the role of the groups and groups from urban areas in mission on Ocean Policy and shall establish, ocean in meeting our Nation’s economic, so- ocean-related careers; for the 10-year period beginning in the year cial, and environmental needs. The program (10) coordinate Federal ocean and coastal the strategy is submitted, the goals and pri- shall complement and build upon existing ef- education activities for students at all lev- orities for education that most effectively forts rather than duplicate such efforts. The els, including funding for educational oppor- support national workforce and professional ocean and coastal education program shall tunities at the elementary, secondary, un- development needs and improve public un- include formal education activities for ele- dergraduate, graduate, and post-doctoral lev- derstanding and ability to participate in mentary, secondary, undergraduate, grad- els; ocean policy decisions. uate, and postdoctoral students, continuing (11) identify and work to establish linkages (b) SPECIFIC ACTIONS.—The strategy shall— education activities for adults, and informal among Federal programs and those of States, (1) provide for increased Federal invest- education activities for learners of all ages. academic institutions, museums and aquar- ment in ocean and coastal science education Under the program, particular attention iums, industry, foundations, and other non- over 5 years and for additional investments shall be paid with respect to— governmental organizations; in education and outreach, technology devel- (1) students from underrepresented groups, (12) coordinate United States government opment, and ocean exploration; especially at the elementary and secondary ocean and coastal science education activi- (2) make recommendations for the coordi- levels; and ties with those of other nations; nation of Federal ocean and coastal science (2) elementary and secondary students in (13) carry out such other activities as the education activities with those of States, re- urban areas, with the goal of improving pub- Council may require; and gional entities, other nations, and inter- lic awareness and literacy of urban coastal (14) establish such interagency subcommit- national organizations; problems. tees and working groups as necessary to sup- (3) consider and use, as appropriate, re- (b) ELEMENTS.— port the functions of the task force and de- ports and studies conducted by Federal agen- (1) IN GENERAL.—The program shall use ap- velop comprehensive and balanced Federal cies and departments, the National Research propriate interagency coordination mecha- programs and approaches to ocean and coast- Council, or other entities; nisms, build upon existing programs, and al sciences and education needs. (4) establish a plan to improve representa- shall, at a minimum, provide sustained fund- SEC. 103. OCEAN AND COASTAL SCIENCE EDU- tion of traditionally underrepresented ing for— CATION ADVISORY PANEL. groups in ocean-related careers, both policy (A) development of model instructional (a) MEMBERSHIP.— and science; programs for students at all levels, with spe- (1) APPOINTMENT.—The task force shall (5) establish a plan to address specifically cial focus on developing an urban unit; maintain an Ocean and Coastal Science Edu- urban marine and coastal issues, empha- (B) a regional education network to sup- cation Advisory Panel consisting of not less sizing the link between urban communities port academic competition and experiential than 10 and not more than 18 members ap- and coastal issues including health, recre- learning opportunities for middle and high pointed by the chair. ation, open space, development, and resource school students; (2) QUALIFICATIONS.—Members of the advi- use; (C) a regional education network specifi- sory panel shall be selected from among indi- (6) build on and complement existing pro- cally to enhance ocean literacy opportuni- viduals representing ocean and coastal in- grams; and ties for minority students and students in dustries and foundations, State govern- (7) develop an evaluation and assessment urban areas; ments, museums and aquariums, non-govern- strategy for determining the most effective (D) teacher enrichment programs that pro- mental organizations, formal and informal practices for existing and new ocean and vide for participation in ocean and coastal educators, ocean and coastal science edu- coastal science education programs. sciences, research expeditions, voyages of ex- cators, and such other participants in ocean (c) ELEMENTS.—The strategy shall include ploration, and the conduct of scientific re- and coastal activities as the chair considers the following elements: search; appropriate, who have the requisite expertise (1) Ocean and coastal science education co- (E) educator professional development and under paragraph (3). ordination and establishment of mechanisms student training and support to provide di- (3) EXPERTISE.—Members shall have exper- to improve ocean literacy and contribute to verse ocean-related education opportunities tise in fields of endeavor including ocean and public awareness of the condition and impor- at the undergraduate, graduate, and coastal sciences, ocean and coastal science tance of the ocean. postdoctoral levels;

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.026 S22JYPT1 S8750 CONGRESSIONAL RECORD — SENATE July 22, 2005

(F) mentoring programs and partnerships tions, educational institutions, non-profit (C) REQUIREMENTS.—As a condition of re- with minority-serving institutions, building organizations or other persons. ceiving a grant under the program, a recipi- on elementary and secondary minority pro- (4) GOALS; STANDARDS; PERIODIC ASSESS- ent shall demonstrate to the satisfaction of grams, to ensure diversity in the ocean and MENTS.—The Administrator shall establish the Administrator that— coastal workforce; goals and standards for assessing the success (i) it will use a curriculum of ocean and (G) a national network of Centers for of each of the Administration’s educational coastal science that complements or satis- Ocean and Coastal Sciences Education Excel- activities under this section and shall evalu- fies National, State, or regional science re- lence to improve the acquisition of knowl- ate the success of each such activity every 3- quirements; edge by students at all levels through en- to-5 years. (ii) activities funded in whole or in part by hanced collaborations between the scientific (5) STRATEGIES.—The Administrator, in the grant will focus on marine science, ma- and education communities; consultation with the appropriate program rine policy, and other maritime social (H) the National Ocean and Coastal directors, shall ensure that educational ac- sciences, with experiential teaching methods Sciences Bowl, a competition among high tivities under this section will— explored; schools to promote knowledge of the ocean (A) integrate agency-conducted and agen- (iii) it will contribute to a coordinated and coasts, with evaluation of the potential cy-funded science into high-quality edu- Ocean CLUE website established by the Ad- merits of a similar program for middle cational materials; ministrator that is accessible by the public; schools; (B) improve access to Administration edu- and (I) the EstuaryLive program, a experiential cational resources; (iv) it will undertake to meet with other learning program focused on coastal re- (C) support educator professional develop- grant recipients at least once during each sources and issues; and ment programs to improve understanding year for which it is receiving a grant to (J) an internet-based ocean and coastal and use of agency sciences; share curricula and to discuss successful science portal to provide a centralized source (D) promote participation in agency-re- techniques and challenges. of Federal, State, academic, non-govern- lated sciences and careers, particularly by (d) BAY WATERSHED EDUCATION AND TRAIN- mental, and other ocean and coastal science members of underrepresented groups; and ING PROGRAM.—The Administrator shall ex- education materials, programs, and prod- (E) leverage partnerships to enhance for- pand the Bay Watershed Education and ucts. mal and informal environmental science edu- Training Program by not more than 1 region (2) EVALUATION.—The task force shall as- cation. per year. sess and evaluate the elements of the pro- (b) REGIONAL EDUCATION PROGRAM.— (e) EDUCATIONAL PARTNERSHIP PROGRAM.— gram for success on a continuing basis. (1) IN GENERAL.—The Administrator shall The Administrator shall establish a program (c) INTERAGENCY FUNDING.—The Adminis- establish a regional elementary and sec- of educational partnerships with minority- tration, the National Science Foundation, ondary education program that— serving institutions, providing financial as- and other Federal agencies involved in the (A) focuses on providing experiential learn- sistance to these institutions to support col- program are authorized to participate in ing opportunities for students in the area of laborative research and training of students interagency financing and share, transfer, ocean and coastal resources, based on the in ocean, atmospheric, and Earth sciences receive, and spend funds appropriated to any model of the Bay Watershed Education and through competitive processes. The program Federal participant in the program for the Training Program; shall have include at least the following 4 purposes of carrying out any administrative (B) is administered, wherever possible, at components: or programmatic project or activity under the local and regional offices of the Adminis- (1) Cooperative Science Centers will be es- this section. Funds may be transferred tration or Sea Grant College Program offices tablished at minority-serving institutions in among such departments and agencies or offices of other appropriate existing pro- partnership with other institutions that through an appropriate instrument that grams; and have established programs and graduate de- specifies the goods, services, or space being (C) shall provide funding, on a competitive grees in ocean, Earth, and atmospheric dis- acquired from another Federal participant basis, to organizations emphasizing experi- ciplines. and the costs of the same. ential learning for elementary and secondary (2) An Environmental Entrepreneurship TITLE III—NOAA OCEAN SCIENCE AND students. Program will provide funding to eligible mi- COASTAL EDUCATION PROGRAMS (2) PRIORITIES.—The regional program shall nority-serving institutions to attract stu- SEC. 301. NOAA OCEAN AND COASTAL SCIENCE give a priority to— dents who are members of an underrep- EDUCATION PROGRAMS. (A) providing experiential ocean and coast- resented group to pursue academic study, ca- (a) IN GENERAL.— al education programs for elementary, mid- reers, and entrepreneurship opportunities in (1) AUTHORITY TO ESTABLISH PROGRAMS.— dle, and secondary school students that are ocean, Earth, and atmospheric sciences. The Administrator shall conduct, develop, aligned with National or State standards of (3) A Graduate Sciences Program will re- support, promote, and coordinate formal and learning; and cruit and provide graduate level training in informal educational activities authorized (B) providing teacher training in ocean and ocean, Earth, and atmospheric sciences to by this section to enhance public awareness coastal education, including adequate train- outstanding candidates who are members of and understanding of the science, service, ing for teachers to bring experiential learn- an underrepresented group. and stewardship missions of the Administra- ing into their classrooms. (4) An Undergraduate Scholarship Program tion, such as the EstuaryLive program, the (c) OCEAN AND COASTAL LITERACY IN URBAN will be established whose goal is to increase Bay Watershed Education and Training Pro- ENVIRONMENTS PROGRAM.— the number of students who undertake gram, and the Teacher-at-Sea and Teacher- (1) IN GENERAL.—The Administrator shall coursework and graduate with degrees in in-the Air Programs. In conducting those ac- establish an Ocean and Coastal Literacy in fields integral to the Administration’s mis- tivities, the Administrator shall consult Urban Environments Program (to be known sion. with the task force and build upon the edu- as the Ocean CLUE Program) that is de- (f) ADDITIONAL ELEMENTARY AND SEC- cational programs and activities of the Na- signed to broaden knowledge about the ONDARY PROGRAMS.—The Administrator shall tional Sea Grant College Program, the Na- oceans and coastal areas among underrep- establish elementary and secondary ocean tional Marine Sanctuaries Program, the Na- resented groups and in urban areas. education programs, exploring partnerships tional Estuarine Research Reserve System, (2) ELIGIBILITY CRITERIA.—In order to be el- with non-governmental organizations and regional offices of the Administration, and igible to participate in the program— exploring experiential or non-traditional programs relating to ocean exploration, un- (A) at least 50 percent of the student body education techniques, such as the dersea research, marine resources, marine of an applicant school, or a school with EstuaryLive and the Bay Watershed Edu- observations, and oceans and human health. which an applicant group proposes to work, cation and Training programs. (2) EDUCATIONAL ACTIVITIES INCLUDED.—In shall consist of members of underrepresented (g) TEACHER-AT-SEA; TEACHER-IN-THE- carrying out this section, the Administrator groups; or AIR.—The Administrator shall— shall include among the educational activi- (B) the applicant school, or a school with (1) establish a program, to be known as the ties education of the general public, teach- which an applicant proposes to work, shall Teacher-at-Sea Program, to bring teachers ers, students at all levels (including primary be located in an urban area. from elementary, middle, and secondary and secondary levels), and ocean and coastal (3) GRANTS.— schools, and from institutions of higher edu- managers and stakeholders, with particular (A) IN GENERAL.—Under the program, the cation to sea aboard Administration re- attention to addressing the lack of participa- Administrator shall award grants to eligible search and survey ships to work under the tion by underrepresented groups in ocean elementary and secondary schools, or groups tutelage of scientists and crew; and coastal sciences and policy careers. proposing to work with elementary and sec- (2) establish a related program, to be (3) GRANT AND CONTRACT AUTHORITY.—In ondary schools selected through a competi- known as the Teacher-in-the Air Program, carrying out educational activities under tive process, on the basis of the merits of using Administration aircraft for the pur- this section, the Administrator may enter their proposals. poses of marine observations and studies of into grants, contracts, cooperative agree- (B) TERM.—A grant under the program links between the atmosphere and the ocean; ments, resource sharing agreements or inter- shall be awarded initially for a period of 1 and agency financing with Federal, State and re- year, but may be renewed annually for up to (3) consider establishing a counterpart pro- gional agencies, tribes, commercial organiza- 3 additional years. gram to the Teacher-at-Sea Program in

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.026 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8751 coastal areas using smaller Administration Administration, and other agencies that are resource that has long been abused and ships. members of the National Ocean and Coastal neglected, but one that, in my view, (h) NOAA SCIENCE EDUCATION PLAN.—The Science Education Task Force for fiscal year can and must be protected and re- Administrator, in consultation with the 2006 through fiscal year 2011, up to $25,000,000 stored. Ocean Education Council and representa- from each agency may be made available for Efforts to begin rejuvenating the tives of the Marine Sanctuaries Program, the National Ocean and Coastal Education the Sea Grant Program, the National Estua- Program under section 202. Anacostia watershed began formally in rine Research Reserve System, the Office of (b) NATIONAL OCEANIC AND ATMOSPHERIC 1987 when the State of Maryland, Mont- Exploration, the National Undersea Research ADMINISTRATION.—In addition to the gomery and Prince George’s Counties, Program, and other appropriate Administra- amounts authorized to be made available by and the District of Columbia signed an tion programs, shall develop a science edu- subsection (a) of this section and under sec- Anacostia Watershed Restoration cation plan setting forth education goals and tion 212(a)(3) of the National Sea Grant Col- Agreement. The Agreement authorized strategies for the Administration, as well as lege Program Act (33 U.S.C 1131(a)(3)) and the Washington Area Council of Gov- programmatic actions to carry out such section 318(a)(3) of the Coastal Zone Manage- ernments, COG, to manage the restora- goals and priorities over the next 20 years. ment Act of 1972 (16 U.S.C. 1464(a)(3)), there tion program and the Interstate Com- The plan shall— are authorized to be appropriated to the Ad- mission on the Potomac River Basin, (1) set forth the Administration’s goals, ministrator— priorities, and programmatic activities for (1) $20,000,000 for each of fiscal years 2006 ICPRB, to protect the resources and fa- ocean and coastal science education in 5- through 2011 for educational activities under cilitate public participation. COG cre- year phases; section 301(a); ated an Anacostia Watershed Restora- (2) identify links between the Administra- (2) $8,000,000 for each of fiscal years 2006 tion Committee, AWRC, to coordinate tion’s ocean and coastal science education through 2011 for educational activities under and implement restoration projects activities and its programs and missions; section 301 (c); throughout the watershed. Since that (3) consider the recommendations of ocean (3) $8,000,000 for each of fiscal years 2006 time, local, State, and Federal Govern- and coastal science and education experts, as through 2011 for educational activities under ment agencies, as well as the Anacostia well as those of professional education asso- section 301(d); Watershed Society, the Anacostia Citi- ciations or organizations; (3) $10,000,000 for each of fiscal years 2006 zens Advisory Committee and other en- (4) be developed in consultation with pro- through 2011 for educational activities under grammatic offices, ocean and coastal section 301(e); vironmental organizations and dedi- sciences and education experts, and inter- (4) $6,000,000 for each of fiscal years 2006 cated private citizens have contributed ested members of the public; and through 2011 for educational activities under significant resources toward re-estab- (5) be evaluated and updated every 3-to-5 section 301(f); and lishing the Anacostia watershed eco- years. (5) $200,000 for each of fiscal years 2006 system. SEC. 302. AMENDMENT TO THE NATIONAL SEA through 2011 for educational activities under Thanks to this cooperative and co- GRANT COLLEGE PROGRAM ACT. section 301(g). ordinated Federal, State, local and pri- Section 212(a) of the National Sea Grant (c) AVAILABILITY.—Sums appropriated pur- vate effort, we are beginning to make College Program Act (33 U.S.C 1131(a)) is suant to subsection (b) shall remain avail- some progress in restoring the water- amended by adding at the end the following: able until expended. shed. A Six Point Action Plan was ‘‘(3) MARINE AND AQUATIC SCIENCE EDU- signed in 1991 setting ambitious and CATION.—In addition to the amounts author- By Mr. SARBANES (for himself, broad-reaching goals for the river’s res- ized for each fiscal year under paragraphs (1) Ms. MIKULSKI, Ms. LANDRIEU, toration. In 1993 we celebrated the suc- and (2), there are authorized to be appro- Mr. WARNER, and Mr. ALLEN): cessful restoration of 32 acres of emer- priated for marine and aquatic science edu- S. 1472. A bill to amend the Federal cation in each of fiscal years 2006 through gent tidal wetlands by the Army Corps Water Pollution Control Act and the 2011— of Engineers at Kenilworth marsh. The Water Resources Development Act of ‘‘(A) $6,000,000 in funding for the edu- project has shown significant results in 1992 to provide for the restoration, pro- cational activities of sea grant programs; improving tidal water flow through the ‘‘(B) $4,000,000 for competitive grants for tection, and enhancement of the envi- marsh, and reducing the concentration projects and research that target national ronmental integrity and social and eco- of nitrogen and phosphorus in the area and regional ocean and coastal science lit- nomic benefits of the Anacostia Water- eracy; and and demonstrates what can be achieved shed in the State of Maryland and the in urban river restoration. There have ‘‘(C) $3,000,000 for competitive grants to District of Columbia; to the Committee support educational partnerships under the been other success stories as well in national Coastal and Ocean Education Pro- on Environment and Public Works. urban stream restoration in Mont- gram to be funded through an appropriate Mr. SARBANES. Mr. President, gomery and Prince George’s counties, interagency mechanism.’’. today I am reintroducing legislation, removing barriers to fish passage and SEC. 303. AMENDMENT TO THE COASTAL ZONE together with my colleagues Senators reforestation efforts throughout the MANAGEMENT ACT OF 1972. MIKULSKI, LANDRIEU, WARNER and watershed, to name only a few. In 1999, Section 318(a) of the Coastal Zone Manage- ALLEN to bolster efforts to restore the ment Act of 1972 (16 U.S.C. 1464(a)) is amend- a new Anacostia Watershed Agreement Anacostia River. was signed to strengthen the regional ed— I spoke during the 108th Congress (1) by striking ‘‘and’’ after the semicolon governmental commitment to Ana- in paragraph (1)(C); about the need for this legislation and costia restoration. There are today (2) by striking ‘‘1999.’’ in paragraph (2)(C) I want to underscore the principal rea- more than 60 local, State and Federal and inserting ‘‘1999; and’’; and sons today. The Anacostia River is a agencies involved in Anacostia water- (3) by adding at the end the following: resource rich in history and with tre- shed restoration. And more than $100 ‘‘(3) for estuarine science education, there mendous natural resource and rec- million has been spent cleaning up the are authorized to be appropriated, in addi- reational potential. It is home to 43 tion to the amounts authorized for each fis- river. There is clearly much for which species of fish, some 200 species of we can all be proud. But the job of re- cal year under paragraphs (1) and (2), in each birds, as well as more than 800,000 peo- of fiscal years 2006 through 2011— storing the Anacostia watershed is far ‘‘(A) $3,000,000 in increased funding for the ple whose neighborhoods border the from complete. The Anacostia is still educational activities of National Estuarine watershed. Flowing through Mont- one of North America’s most endan- Research Reserves; and gomery and Prince George’s Counties gered and threatened rivers. It is des- ‘‘(B) $1,000,000 for competitive grants for in Maryland and emptying into the Po- ignated one of three ‘‘regions of con- projects that use National Estuarine Re- tomac at the District of Columbia, the cern’’ for toxics in the Chesapeake Bay search Reserve System system-wide moni- watershed consists of a 176 square mile watershed. toring program data to advance ocean and drainage area. One of the most urban- The legislation which we are intro- coastal science literacy.’’. ized watersheds in the United States, ducing authorizes more than $200 mil- TITLE IV—AUTHORIZATIONS the Anacostia suffers a series of prob- lion in Federal assistance over the next SEC. 401. AUTHORIZATION OF APPROPRIATIONS. lems including trash, toxic pollution 10 years to restore the Anacostia. Of (a) NATIONAL OCEAN AND COASTAL EDU- from urban runoff, sewage pollution these funds, $170 million is authorized CATION PROGRAM.—Of the amounts author- ized annually to the Department of the from leaking sewer lines and combined to address the biggest pollution prob- Navy, the National Science Foundation, the sewer overflows, sediment pollution lems in the watershed—storm water National Oceanic and Atmospheric Adminis- from erosion, and loss of fish and wild- runoff and failing waste-water infra- tration, the National Aeronautics and Space life and recreational resources. It is a structure. As the builder of much of

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.026 S22JYPT1 S8752 CONGRESSIONAL RECORD — SENATE July 22, 2005 the original infrastructure and a major waters including the north Pacific, the The Commercial Fishermen Safety user, the Federal Government has an Gulf of Mexico, and the north Atlantic. Act of 2005 lends a hand to fishermen important responsibility to help stem The New England fishing community is attempting to prepare in case disaster the flow of this pollution and comply no stranger to heartbreak. The 2004– strikes. My bill provides a tax credit with the Clean Water Act. The remain- 2005 winter proved no exception, with equal to 75 percent of the amount paid ing funds will allow the Administrator the December 20, 2004 sinking of the by fishermen to purchase or maintain of EPA, working together with an Northern Edge. Five fishermen were lost required safety equipment. The tax ‘‘Anacostia Watershed Council’’ of during this incident, which was the credit is capped at $1500. Items such as State and local officials, to develop a worst loss of life in the New England EPIRBs and immersion suits cost hun- comprehensive environmental protec- fishing community since 1991. One fish- dreds of dollars, while life rafts can tion and resource management plan for erman, Pedro Furtado, was saved when reach into the thousands. The tax cred- the watershed, for several Federal the Northern Edge went down. Pedro it will make life-saving equipment agencies to join in the implementation was able to locate a life raft, to which more affordable for more fishermen, of the plan. he clung for half an hour in high winds who currently face limited options The Anacostia River suffers from and freezing temperatures before being under the federal tax code. centuries of impacts and changes. Once rescued by the crew of a nearby scallop Safety equipment saves lives in an a healthy, thriving river, it is today se- boat. This incident could have been occupation that has suffered far too verely degraded. This legislation is ur- even more tragic, if vital lifesaving many tragedies. By extending a tax gently needed if we are to achieve the safety equipment were not at hand. credit for the purchase of federally re- goal of making the Anacostia and its Not all disasters at sea end with a quired safety equipment, Congress can tributaries swimmable and fishable loss of life. Fishermen also tell stories help ensure that fishermen have a bet- again. It is my hope that provisions of of dramatic rescues, stories that all ter chance of returning home each and this measure will be included in the re- have something in common: safety every time they head out to sea. authorization of the Water Resources equipment. On February 9, 2005, a 38- f Development Act and I urge my col- foot gillnet vessel, Hollywood, sank 45 leagues to join me in supporting this miles off of Cape Ann, Massachusetts. SUBMITTED RESOLUTIONS measure. Aboard this boat were three fishermen, all of who survived. These men sur- By Ms. COLLINS (for herself and SENATE RESOLUTION 205—HON- vived despite 40 degree water tempera- ORING THE LIFE AND LEGACY Mr. KENNEDY): tures. Two of the three crew members S. 1473. A bill to amend the Internal OF CONSTANTINO BRUMIDI AND were wearing survival suits, and they RECOGNIZING HIS CONTRIBU- Revenue Code of 1986 to provide a busi- all were able to get into a life raft be- ness credit against income for the pur- TIONS TO THE UNITED STATES fore the boat sank. ON THE 200TH ANNIVERSARY OF chase of fishing safety equipment; to Tragedy has again visited the New HIS BIRTH the Committee on Finance. England fishing community. This Ms. COLLINS. Mr. President, I rise month alone, two New England vessels Mr. ENZI (for himself, Mr. KENNEDY, today to introduce The Commercial have sank, during a time of year that Mr. SARBANES, Ms. SNOWE, Mr. JEF- Fishermen Safety Act of 2005, a bill to is generally not as hazardous for the FORDS, Mr. FRIST, Mrs. CLINTON, and help fishermen purchase the life-saving industry. On the evening of July 13, the Mr. REID) submitted the following reso- safety equipment they need to survive Sirius sank 25 miles south of Matinicus lution; which was considered and when disaster strikes. I am pleased to Island, Maine. Sadly, the captain of the agreed to: be joined by my good friend from Mas- Sirius was lost. Fortunately, the two S. RES. 205 sachusetts, Senator KENNEDY, in intro- remaining crew members were rescued Whereas Constantino Brumidi was born in ducing this legislation. Senator KEN- by fellow fishermen. Just four, short Rome, Italy, on July 26, 1805, to an Italian NEDY has been a leader in the effort to days later, another fishing vessel, Prin- mother and a Greek father who inspired his sustain our fisheries and to maintain cess, sank off of Chatham, Massachu- lifelong love of liberty and freedom of ex- the proud fishing tradition that exists setts. Fortunately, the entire crew of pression; Whereas Constantino Brumidi emigrated in his State and mine. this vessel was rescued, due in no small Recent portrayals of the commercial to the United States from Rome in 1852 and part to their safety equipment. became a naturalized citizen in 1857; fishing industry in film and in lit- Coast Guard regulations require all Whereas Constantino Brumidi established erature have provided the American fishing vessels to carry safety equip- a reputation for excellence in his craft that public with glimpses of the challenges ment. The requirements vary depend- led to him being known as the ‘‘Michelangelo and dangers associated with earning a ing on factors such as the size of the of the Capitol’’; living from the sea. These stories and vessel, the temperature of the water, Whereas Constantino Brumidi represents movies merely scratch the surface of and the distance the vessel travels the many immigrant artists and craftsmen what it is like to be a modern-day fish- from shore to fish. who have contributed over the years to the erman. Everyday, members of our fish- Required equipment can include a design and decoration of the United States Capitol; ing communities struggle to cope with life raft that automatically inflates Whereas Constantino Brumidi painted mu- the pressures of running a small busi- and floats free, should the vessel sink; rals and other outstanding artworks in the ness, complying with burdensome regu- personal flotation devices or immer- United States Capitol over the last third of lations, and maintaining their vessels sion suits which help protect fishermen his life, between 1855 and 1880, including the and equipment. Added to these chal- from exposure and increase buoyancy: first fresco painted in the United States, in lenges are the dangers associated with EPIRBs, which relay a downed vessel’s what is today the House Appropriations fishing, where disaster can strike, position to Coast Guard Search and Committee Room, the famous ‘‘Brumidi Cor- often without notice. Rescue Personnel; visual distress sig- ridor’’ on the Senate side of the Capitol, and Year-in and year-out, commercial the paintings in the President’s Room (S– nals; and fire extinguishers. 216); fishing ranks among the Nation’s most When an emergency arises, safety Whereas Constantino Brumidi painted dangerous occupations, often as the equipment is priceless. At all other ‘‘The Apotheosis of George Washington’’ and most dangerous occupation. Between times, the cost of purchasing or main- began the frieze of American history on the the years of 1992, when the Bureau of taining this equipment must compete interior of the dome above the Rotunda at Labor Statistics began compiling occu- with other expenses such as loan pay- the center of the United States Capitol, but pational safety statistics, and 2003, 756 ments, fuel, wages, maintenance, and died while working on sketches for the commercial fishing-related fatalities insurance. Meeting all of these obliga- frieze; have been documented. This profession tions is made more difficult by a regu- Whereas Constantino Brumidi succeeded in his effort to encourage the use of the Capitol is roughly 30 times more dangerous latory framework that uses measures as a living testament to the past, present, than the average occupation. such as trip limits, days at sea, and and glorious future of the United States of Too often, commercial fishing has gear alterations to manage our marine America with his artwork, especially with proved tragic throughout our coastal resources. his murals; and

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.031 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8753 Whereas Constantino Brumidi’s celebra- appears as raised, red patches or le- companies and organizations have des- tion of the liberty he found in America can sions covered with a silvery white ignated September 2005 as ‘‘Life Insurance be seen in his signature on his painting that buildup of dead skin cells, called scale. Awareness Month’’, the goal of which is to he was an Artist Citizen of the United States Psoriatic arthritis is a condition as- make consumers more aware of their life in- and in his statement on being hired for his surance needs, seek professional advice, and first Capitol commission that, ‘‘I no longer sociated with psoriasis. This disease is take the actions necessary to achieve the fi- have any desire for fame or fortune. My one a chronic inflammatory disease of the nancial security of their loved ones: Now, ambition and my daily prayer is that I may joints and connective tissue, which therefore, be it live long enough to make beautiful the Cap- causes stiffness, pain, swelling and ten- Resolved by the Senate (the House of Rep- itol of the one country on earth in which derness of the joints and the tissue resentatives concurring), That the Congress— there is liberty.’’ :Now, therefore, be it around them. Without treatment, pso- (1) supports the goals and ideals of Life In- Resolved, That the Senate, on behalf of the riatic arthritis can be potentially dis- surance Awareness Month; and (2) calls on the Federal Government, American people, honors the life and legacy abling and crippling. Approximately 10 of Constantino Brumidi, artist and patriot, States, localities, schools, nonprofit organi- and recognizes his many contributions to the to 30 percent of people with psoriasis zations, businesses, other entities, and the world of art as well as the legacy of the develop psoriatic arthritis. people of the United States to observe the United States as reflected in the building Psoriasis and psoriatic arthritis have month with appropriate programs and activi- that houses Congress, the United States Cap- been diagnosed in more than 5 million ties. itol Building. men, women and children in the United f States. Each year, the United States f SENATE CONCURRENT RESOLU- spends $4 billion dollars to treat this SENATE RESOLUTION 206—DESIG- TION 46—EXPRESSING THE lifelong disease. Furthermore, about 56 NATING AUGUST 2005 AS ‘‘PSORI- SENSE OF THE CONGRESS THAT million hours of work are lost each ASIS AWARENESS MONTH’’ THE RUSSIAN FEDERATION year by people who suffer from psori- SHOULD FULLY PROTECT THE Mr. SMITH (for himself and Mr. LAU- asis, and the National Institute of Men- FREEDOMS OF ALL RELIGIOUS TENBERG) submitted the following reso- tal Health has found that psoriasis can COMMUNITIES WITHOUT DIS- lution; which was referred to the Com- cause as much physical and mental dis- TINCTION, WHETHER REG- mittee on the Judiciary: ability as other major diseases. ISTERED AND UNREGISTERED, S. RES. 206 Researchers are still searching for a AS STIPULATED BY THE RUS- Whereas psoriasis and psoriatic arthritis cure for psoriasis. In the meantime, we SIAN CONSTITUTION AND INTER- are chronic, immune-mediated diseases for must continue to support such efforts NATIONAL STANDARDS which there is no cure; and raise public awareness of the symp- Whereas more than 5,000,000 men, women, toms and available treatments for pso- Mr. BROWNBACK (for himself and and children in the United States have been Mr. SMITH) submitted the following diagnosed with either psoriasis or psoriatic riasis and psoriatic arthritis. I hope that my colleagues will join me in this concurrent resolution; which was re- arthritis; ferred to the Committee on Foreign Whereas psoriasis and psoriatic arthritis effort. Relations: are painful and disabling diseases that have f a significant and adverse impact on the qual- S. CON. RES. 46 ity of life of an individual diagnosed with ei- SENATE CONCURRENT RESOLU- Whereas the Russian Federation is a par- ther of these diseases; TION 45—SUPPORTING THE ticipating State of the Organization for Se- Whereas the National Institute of Mental GOALS AND IDEALS OF NA- curity and Cooperation in Europe (OSCE) Health funded a study that found that psori- TIONAL LIFE INSURANCE and has freely committed to fully respect the asis may cause as much physical and mental AWARENESS MONTH, AND FOR rights of individuals, whether alone or in disability as other major diseases, including OTHER PURPOSES community with others, to profess and prac- cancer, arthritis, hypertension, heart dis- tice religion or belief; ease, diabetes, and depression; Mr. CHAMBLISS (for himself, Mr. Whereas the Russian Federation specifi- Whereas psoriasis is associated with ele- NELSON of Nebraska, Ms. COLLINS, Mr. cally committed in the 1989 Vienna Con- vated rates of depression and suicidal idea- VITTER, Mr. MARTINEZ, Mr. THUNE, and cluding Document to ‘‘take effective meas- tion; Mr. JOHNSON) submitted the following ures to prevent and eliminate discrimination Whereas each year the people of the United concurrent resolution; which was re- against individuals or communities on the States spend more than $4,000,000,000 to treat ferred to the Committee on the Judici- grounds of religion or belief’’ and to ‘‘grant psoriasis; ary: upon their request to communities of believ- Whereas early diagnosis and treatment of ers, practicing or prepared to practice their psoriatic arthritis may help prevent irrevers- S. CON. RES. 45 faith within the constitutional framework of ible joint damage; and Whereas life insurance is an essential part their States, recognition of the status pro- Whereas treating psoriasis and psoriatic of a sound financial plan; vided for them in the respective countries’’; arthritis presents a challenge for patients Whereas life insurance provides financial Whereas Article 28 of the Constitution of and physicians because no 1 treatment works security for families in the event of a pre- the Russian Federation declares that ‘‘every- for everyone, some treatments lose effective- mature death by helping surviving family one shall be guaranteed the right to freedom ness over time, many treatments are used in members to meet immediate and longer- of conscience, to freedom of religious wor- combination with other treatments, and all term financial obligations and objectives; ship, including the right to profess, individ- treatments may cause a unique set of side ef- Whereas nearly 50,000,000 Americans say ually or jointly with others, any religion’’ fects: Now, therefore, be it they lack the life insurance coverage needed and Article 8 of the 1997 Law on Freedom of Resolved, That the Senate designates Au- to ensure a secure financial future for their Conscience and Religious Associations pro- gust 2005 as ‘‘Psoriasis Awareness Month’’. loved ones; vides for registration for religious commu- Mr. President, I am pleased to join Whereas recent studies have found that nities as ‘‘religious organizations,’’ if they the junior Senator from Oregon in sub- when a premature death occurs, insufficient have at least 10 members and have operated mitting a resolution designating Au- life insurance coverage on the part of the in- within the Russian Federation with legal gust 2005 as Psoriasis Awareness sured results in three-fourths of surviving status for at least 15 years; Month. This awareness month will in- family members having to take measures Whereas registration is critical for reli- such as working additional jobs or longer gious groups to fully enjoy their religious crease public knowledge about psori- hours, borrowing money, withdrawing money freedoms, as many rights and privileges af- asis and aid in efforts in the medical from savings and investment accounts, and, forded to religious communities in the Rus- community to diagnose, treat, and in too many cases, moving to smaller, less sian Federation are contingent on obtaining eventually cure the disease. expensive housing; registration; Psoriasis is a non-contagious, im- Whereas individuals, families, and busi- Whereas many religious groups refuse to mune-mediated, lifelong skin disorder. nesses can benefit greatly from professional seek registration on theological or other The source of psoriasis is believed to insurance and financial planning advice, in- grounds, while other communities have been have a genetic component which trig- cluding the assessment of their life insur- unjustly denied registration or had their reg- gers a faster growth cycle of skin cells ance needs; and istration improperly terminated by local au- Whereas the Life and Health Insurance thorities; that results in buildup; however, the Foundation for Education (LIFE), the Na- Whereas many of the unregistered commu- exact cause is unknown. The severity tional Association of Insurance and Finan- nities in the Russian Federation today were of psoriasis can vary from person to cial Advisors (NAIFA), and a coalition rep- never registered under the Soviet system be- person. For most people, the disease resenting hundreds of leading life insurance cause they refused to collaborate with that

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.027 S22JYPT1 S8754 CONGRESSIONAL RECORD — SENATE July 22, 2005 government’s anti-religious policies and BINGAMAN) proposed an amendment to the TEXT OF AMENDMENTS they are now experiencing renewed discrimi- bill S. 1042, supra. nation and repression from the authorities; SA 1416. Mr. SANTORUM submitted an SA 1413. Mr. HAGEL submitted an Whereas over the past 2 years there have amendment intended to be proposed by him amendment intended to be proposed by been an estimated 10 arson attacks on unreg- to the bill S. 1042, supra; which was ordered him to the bill S. 1042, to authorize ap- istered Protestant churches, with little or no to lie on the table. propriations for fiscal year 2006 for effective response by law enforcement offi- SA 1417. Mr. WYDEN submitted an amend- military activities of the Department cials to bring the perpetrators to justice; ment intended to be proposed by him to the of Defense, for military construction, Whereas in some areas of the Russian Fed- bill S. 1042, supra; which was ordered to lie and for defense activities of the De- eration law enforcement personnel have car- on the table. ried out violent actions against believers SA 1418. Mr. ALLARD (for himself and Mr. partment of Energy, to prescribe per- from unregistered communities peacefully MCCONNELL) proposed an amendment to the sonnel strengths for such fiscal year practicing their faith; and bill S. 1042, supra. for the Armed Forces, and for other Whereas the United States has sought to SA 1419. Mr. ALLARD (for himself and Mr. purposes; which was ordered to lie on protect the fundamental and inalienable SALAZAR) proposed an amendment to the bill the table; as follows: human right to seek, know, and serve God S. 1042, supra. according to the dictates of one’s own con- SA 1420. Mr. SMITH (for himself, Mr. At the appropriate place insert the fol- lowing: science, in accordance with the international WYDEN, and Mr. REID) submitted an amend- agreements committing nations to respect ment intended to be proposed by him to the SEC. ll. EXCLUSION OF SPECIAL PAY AND AL- individual freedom of thought, conscience, bill S. 1042, supra; which was ordered to lie LOWANCES FROM INCOME FOR SUP- and belief: Now, therefore, be it on the table. PLEMENT SECURITY INCOME BENE- FITS. Resolved by the Senate (the House of Rep- SA 1421. Mr. SALAZAR submitted an resentatives concurring), That it is the sense amendment intended to be proposed by him (a) IN GENERAL.—Paragraph (20) of section of the Congress that the United States Gov- to the bill S. 1042, supra. 1612(b) of the Social Security Act (42 U.S.C. ernment should— SA 1422. Mr. SALAZAR submitted an 1382a(b)(20)) is amended to read as follows: (1) urge the Government of the Russian amendment intended to be proposed by him ‘‘(20) special pay receive pursuant to chap- Federation to ensure full protection of free- to the bill S. 1042, supra. ter 5 of title 37, United States Code, and al- doms for all religious communities without SA 1423. Mr. SALAZAR (for himself and lowances received pursuant to chapter 7 of distinction, whether registered and unregis- Mr. REED) submitted an amendment in- title 37, United States Code;’’. tered, and end the harassment of unregis- tended to be proposed by him to the bill S. (b) EFFECTIVE DATE.—The amendment tered religious groups by the security appa- 1042, supra. made by this section shall apply to eligi- ratus and other government agencies; SA 1424. Mr. LEAHY (for himself and Mr. bility determinations made and benefit (2) urge the Government of the Russian BOND) submitted an amendment intended to amounts payable after the date of the enact- Federation to ensure that law enforcement be proposed by him to the bill S. 1042, supra; ment of this Act. officials vigorously investigate acts of vio- which was ordered to lie on the table. lence against unregistered religious commu- SA 1425. Mr. HARKIN (for himself and Mr. SA 1414. Mr. SMITH submitted an nities, as well as make certain that authori- DORGAN) submitted an amendment intended amendment intended to be proposed by ties are not complicit in such attacks; to be proposed by him to the bill S. 1042, (3) continue to raise concerns with the him to the bill S. 1042, to authorize ap- supra; which was ordered to lie on the table. propriations for fiscal year 2006 for Government of the Russian Federation over SA 1426. Mr. DORGAN proposed an amend- violations of religious freedom, including ment to the bill S. 1042, supra. military activities of the Department those against unregistered religious commu- SA 1427. Mr. NELSON, of Florida sub- of Defense, for military construction, nities, especially indigenous denominations mitted an amendment intended to be pro- and for defense activities of the De- not well known in the United States; posed by him to the bill S. 1042, supra; which partment of Energy, to prescribe per- (4) ensure that United States Embassy offi- was ordered to lie on the table. sonnel strengths for such fiscal year cials engage local officials throughout the SA 1428. Mr. DURBIN submitted an amend- for the Armed Forces, and for other Russian Federation, especially when viola- ment intended to be proposed by him to the purposes; which was ordered to lie on tions of freedom of religion occur, and under- bill S. 1042, supra; which was ordered to lie take outreach activities to educate local of- on the table. the table; as follows: ficials about the rights of unregistered reli- SA 1429. Mr. DORGAN (for himself, Mr. On page 213, between lines 2 and 3, insert gious communities; DURBIN, and Mr. LAUTENBERG) proposed an the following: (5) urge both the Personal Representative amendment to the bill S. 1042, supra. SEC. 807. TEMPORARY INAPPLICABILITY OF of the OSCE Chair-in-Office on Combating SA 1430. Mr. WARNER (for Mr. NELSON, of BERRY AMENDMENT TO PROCURE- Racism, Xenophobia and Discrimination, Nebraska) proposed an amendment to the MENTS OF SPECIALTY METALS USED also focusing on Intolerance and Discrimina- bill S. 1042, supra. TO PRODUCE FORCE PROTECTION tion against Christians and Members of SA 1431. Mr. WARNER (for Mr. SESSIONS EQUIPMENT. Other Religions, and the United Nations Spe- (for himself and Mr. REED)) proposed an (a) IN GENERAL.—Section 2533a(a) of title cial Rapporteur on Freedom of Religion or amendment to the bill S. 1042, supra. 10, United States Code, shall not apply to the Belief to visit the Russian Federation and SA 1432. Mr. WARNER (for Mr. ENZI (for procurement, during the 2-year period begin- raise with federal and local officials concerns himself and Mr. KENNEDY)) proposed an ning on the date of the enactment of this about the free practice of unregistered reli- amendment to the bill S. 1042, supra. Act, of specialty metals if such specialty gious communities; and SA 1433. Mr. LIEBERMAN (for himself, metals are used to produce force protection (6) urge the Council of Europe and its Mrs. CLINTON, Mr REED, Mr. NELSON, of Flor- equipment for Department of Defense appli- member countries to raise with Russian Fed- ida, Mr. SALAZAR, Mr KERRY, and Mr. AKAKA) cations. eration officials issues relating to freedom of submitted an amendment intended to be pro- (b) TREATMENT OF PROCUREMENTS WITHIN religion, especially in light of the Russian posed by him to the bill S. 1042, supra; which PERIOD.—For the purposes of subsection (a), Federation’s responsibilities as President of was ordered to lie on the table. a procurement shall be treated as being the Council in 2006. SA 1434. Mr. LIEBERMAN submitted an made during the 2-year period described in f amendment intended to be proposed by him that subsection to the extent that funds are to the bill S. 1042, supra; which was ordered obligated by the Department of Defense for AMENDMENTS SUBMITTED AND to lie on the table. that procurement during that period. PROPOSED SA 1435. Ms. STABENOW (for herself and Mr. JOHNSON) submitted an amendment in- SA 1413. Mr. HAGEL submitted an amend- SA 1415. Mr. KENNEDY (for himself, ment intended to be proposed by him to the tended to be proposed by her to the bill S. Mrs. FEINSTEIN, Mr. KERRY, Mr. FEIN- 1042, supra; which was ordered to lie on the bill S. 1042, to authorize appropriations for GOLD, and Mr. BINGAMAN) proposed an fiscal year 2006 for military activities of the table. SA 1436. Mr. MCCAIN submitted an amend- amendment to the bill S. 1042, to au- Department of Defense, for military con- thorize appropriations for fiscal year struction, and for defense activities of the ment intended to be proposed by him to the Department of Energy, to prescribe per- bill S. 1042, supra; which was ordered to lie 2006 for military activities of the De- sonnel strengths for such fiscal year for the on the table. partment of Defense, for military con- Armed Forces, and for other purposes; which SA 1437. Mr. MCCAIN submitted an amend- struction, and for defense activities of was ordered to lie on the table. ment intended to be proposed by him to the the Department of Energy, to prescribe SA 1414. Mr. SMITH submitted an amend- bill S. 1042, supra; which was ordered to lie personnel strengths for such fiscal year ment intended to be proposed by him to the on the table. for the Armed Forces, and for other bill S. 1042, supra; which was ordered to lie SA 1438. Mr. MCCAIN submitted an amend- on the table. ment intended to be proposed by him to the purposes; as follows: SA 1415. Mr. KENNEDY (for himself, Mrs. bill S. 1042, supra; which was ordered to lie On page 378, between lines 10 and 11, insert FEINSTEIN, Mr KERRY, Mr. FEINGOLD, and Mr. on the table. the following:

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.032 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8755 SEC. 3114. TRANSFER OF FUNDS AVAILABLE FOR (B) a home school certificate or diploma where no order is issued by the court estab- ROBUST NUCLEAR EARTH PENE- from— lished by section 103(a) approving access to TRATOR TO THE ARMY NATIONAL (i) the parent or guardian of the graduate; tangible things, no information obtained or GUARD OF THE DISTRICT OF CO- or evidence derived from the production of tan- LUMBIA. (ii) a national curriculum provider. gible things under paragraph (1) shall be re- (a) REDUCTION IN FUNDS AVAILABLE FOR RO- (3) The home school graduate has provided ceived in evidence or otherwise disclosed in BUST NUCLEAR EARTH PENETRATOR.—The amount authorized to be appropriated to the the Secretary concerned with a copy of the any trial, hearing, or other proceeding in or Department of Energy for the National Nu- graduate’s transcript for all secondary before any court, grand jury, department, of- clear Security Administration for weapons school grades completed, which transcript fice, agency, regulatory body, legislative activities by section 3101(a)(1) is hereby re- shall— committee, or other authority of the United duced by $4,000,000, which reduction shall be (A) include the enrollment date, gradua- States, a State, or political subdivision allocated to amounts available for the Ro- tion date, and type of curriculum; and thereof, and no information concerning any bust Nuclear Earth Penetrator. (B) reflect successful completion of the United States person acquired from the pro- (b) INCREASE IN FUNDS AVAILABLE TO ARMY last full academic year of schooling from the duction of tangible things under paragraph NATIONAL GUARD, WASHINGTON, DISTRICT OF home school national curriculum provider, (1) shall subsequently be used or disclosed in COLUMBIA, CHAPTER.—The amount author- parent, or guardian issuing the home school any other manner by any officer or employee ized to be appropriated by section 301(10) for certificate or diploma. of the Federal Government without the con- operation and maintenance for the Army Na- (4) The home school curriculum used by sent of such person, except with the approval tional Guard is hereby increased by the home school graduate involved parental of the Attorney General if the information $4,000,000, with the amount of such increase instruction and supervision and closely pat- indicates a threat of death or serious bodily to be available for the Army National Guard terned the normal credit hours per subject as harm to any person. of the District of Columbia, as follows: used in a traditional secondary school. ‘‘(3) The denial of an application under (1) $2,500,000 shall be made available for (5) The home school graduate has provided paragraph (1) may be reviewed as provided in urban terrorist attack response training. the Secretary concerned with a third party section 103.’’. (2) $1,500,000 shall be made available for the verification letter of the graduate’s home (b) CONSTRUCTION OF PROVISIONS OF ACT.— procurement of communications equipment. school status by the Home School Legal De- No provision of this Act may be construed to fense Association or a State or county home authorize the Federal Bureau of Investiga- SA 1416. Mr. SANTORUM submitted school association or organization. tion to utilize administrative subpoenas for an amendment intended to be proposed (d) SECRETARY CONCERNED DEFINED.—In foreign intelligence or national security in- by him to the bill S. 1042, to authorize this section, the term ‘‘Secretary concerned’’ vestigations. has the meaning given such term in section appropriations for fiscal year 2006 for 101(a)(9) of title 10, United States Code. SA 1418. Mr. ALLARD (for himself military activities of the Department and Mr. MCCONNELL) proposed an of Defense, for military construction, SA 1417. Mr. WYDEN submitted an amendment to the bill S. 1042, to au- and for defense activities of the De- amendment intended to be proposed by thorize appropriations for fiscal year partment of Energy, to prescribe per- him to the bill S. 1042, to authorize ap- 2006 for military activities of the De- sonnel strengths for such fiscal year propriations for fiscal year 2006 for partment of Defense, for military con- for the Armed Forces, and for other military activities of the Department struction, and for defense activities of purposes; which was ordered to lie on of Defense, for military construction, the Department of Energy, to prescribe the table; as follows: and for defense activities of the De- personnel strengths for such fiscal year At the end of subtitle H of title V, add the partment of Energy, to prescribe per- for the Armed Forces, and for other following: sonnel strengths for such fiscal year purposes; as follows: SEC. 596. RECRUITMENT AND ENLISTMENT OF for the Armed Forces, and for other HOME SCHOOLED STUDENTS IN THE On page 66, after line 22, insert the fol- ARMED FORCES. purposes; which was ordered to lie on lowing: (a) POLICY ON RECRUITMENT AND ENLIST- the table; as follows: SEC. 330. LIFE CYCLE COST ESTIMATES FOR THE MENT.— At the end of subtitle G of title X, add the DESTRUCTION OF LETHAL CHEM- (1) IN GENERAL.—The Secretary concerned following: ICAL MUNITIONS UNDER ASSEM- BLED CHEMICAL WEAPONS ALTER- shall prescribe a policy for the recruitment SEC. 1073. EMERGENCY ACCESS TO BUSINESS NATIVES PROGRAM. and enlistment of home schooled students in RECORDS FOR FOREIGN INTEL- Upon completion of 60 percent of the de- the Armed Force or Armed Forces under the LIGENCE AND OTHER INVESTIGA- sign build at each site of the Assembled jurisdiction of such Secretary. TIONS. Chemical Weapons Alternatives program, (2) UNIFORMITY ACROSS THE ARMED (a) EMERGENCY ACCESS.—Section 501 of the the Program Manager for Assembled Chem- FORCES.—The Secretary of Defense shall en- Foreign Intelligence Surveillance Act of 1978 sure that the polices prescribed under para- (50 U.S.C. 1861) is amended— ical Weapons Alternatives shall, after con- graph (1) apply, to the extent practicable, (1) by redesignating subsections (d) and (e) sultation with the congressional defense uniformly across the Armed Forces. as subsections (e) and (f), respectively; and committees, certify in writing to such com- (b) ELEMENTS.—The policy under sub- (2) by inserting after subsection (c) the fol- mittees updated and revised life cycle cost section (a) shall include the following: lowing new subsection (d): estimates for the destruction of lethal chem- (1) An identification of a graduate of home ‘‘(d)(1) Notwithstanding any other provi- ical munitions for each site under such pro- schooling for purposes of recruitment and sion of this section, when the Attorney Gen- gram. enlistment in the Armed Forces that is in eral reasonably determines that— accordance with the requirements described ‘‘(A) an emergency situation exists with SA 1419. Mr. ALLARD (for himself in subsection (c). respect to the production of tangible things and Mr. SALAZAR) proposed an amend- (2) Provision for the treatment of grad- for an investigation described in subsection ment to the bill S. 1042, to authorize uates of home schooling with Tier I status (a) before an order authorizing production of appropriations for fiscal year 2006 for with no practical limit with regard to enlist- such tangible things can with due diligence military activities of the Department ment. be obtained; and of Defense, for military construction, (3) An exemption of graduates of home ‘‘(B) the factual basis for the issuance of an order under this section to approve produc- and for defense activities of the De- schooling from the requirement for a sec- partment of Energy, to prescribe per- ondary school diploma or its recognized tion of such tangible things exists, equivalent (GED) as a precondition for en- the Attorney General may issue an order re- sonnel strengths for such fiscal year listment in the Armed Forces. quiring production of such tangible things, for the Armed Forces, and for other (c) HOME SCHOOL GRADUATES.—In identi- which order shall have the same effect as an purposes; as follows: fying a graduate of home schooling for pur- order issued by the court established by sec- On page 378, between lines 10 and 11, insert poses of subsection (b), the Secretary con- tion 103(a) if a judge having jurisdiction the following: cerned shall ensure that the graduate meets under section 103 is informed by the Attor- SEC. 3114. RETIREMENT BENEFITS FOR WORK- each of the following requirements: ney General, or a designee of the Attorney ERS AT ROCKY FLATS ENVIRON- (1) The home school graduate has taken General, at the time of the issuance of such MENTAL TECHNOLOGY SITE, COLO- the Armed Forces Qualifying Test (AFQT) order that the Attorney General has made RADO. and scored 50 or above. the decision to require production of such (a) PROGRAM AUTHORIZED.—Subject to the (2) The home school graduate has provided tangible things under this subsection and an availability of funds under subsection (d), the Secretary concerned with— application in accordance with this section the Secretary of Energy shall establish a (A) a signed home school notice of intent is made to that judge as soon as practicable, program for the purposes of providing form that conforms with the State law of the but not later than 72 hours, thereafter. health, medical, and life insurance benefits State where the graduate resided when the ‘‘(2) In the event that an application under to workers at the Rocky Flats Environ- graduate was in home school; or paragraph (1) is denied, or in any other case mental Technology Site, Colorado (in this

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.036 S22JYPT1 S8756 CONGRESSIONAL RECORD — SENATE July 22, 2005 section referred to as the ‘‘Site’’), who do not SA 1421. Mr. SALAZAR submitted an SEC. 585. APPLICATIONS FOR IMPACT AID PAY- qualify for such benefits because the phys- amendment intended to be proposed by MENT. ical completion date was achieved before De- him to the bill S. 1042, to authorize ap- Notwithstanding paragraphs (2) and (3) of cember 15, 2006. propriations for fiscal year 2006 for section 8005(d) of the Elementary and Sec- (b) ELIGIBILITY FOR BENEFITS.—A worker at military activities of the Department ondary Education Act of 1965 (20 U.S.C. the Site is eligible for health, medical, and of Defense, for military construction, 7705(d)(2), (3)), the Secretary of Education life insurance benefits under the program de- shall treat as timely filed, and shall process scribed in subsection (a) if the employee— and for defense activities of the De- for payment, an application under section (1) was employed by the Department of En- partment of Energy, to prescribe per- 8002 or section 8003 of such Act for fiscal year ergy, or by contract or first or second tier sonnel strengths for such fiscal year 2005 from a local educational agency that— subcontract to perform cleanup, security, or for the Armed Forces, and for other (1) for each of the fiscal years 2000 through administrative duties or responsibilities at purposes; as follows: 2004, submitted an application by the date the Site on September 29, 2003; and At the end of subtitle D of title VI, add the specified by the Secretary of Education (2) would have achieved applicable eligi- under section 8005(c) of such Act for the fis- following: bility requirements for health, medical, and cal year; and life insurance benefits as defined in the Site SEC. 642. RENAMING OF DEATH GRATUITY PAY- (2) submits an application for fiscal year retirement benefit plan documents if the ABLE FOR DEATHS OF MEMBERS OF THE ARMED FORCES AS FALLEN 2005 during the period beginning on February physical completion date had been achieved HERO COMPENSATION. 2, 2004, and ending on the date of enactment on December 15, 2006, as specified in the Site of this Act. (a) IN GENERAL.—Subchapter II of chapter project completion contract. 75 of title 10, United States Code, is amended (c) DEFINITIONS.—In this section: as follows: (1) HEALTH, MEDICAL, AND LIFE INSURANCE SA 1423. Mr. SALAZAR (for himself (1) In section 1475(a), by striking ‘‘have a BENEFITS.—The term ‘‘health, medical, and and Mr. REED) submitted an amend- death gratuity paid’’ and inserting ‘‘have life insurance benefits’’ means those benefits fallen hero compensation paid’’. ment intended to be proposed by him that workers at the Site are eligible for (2) In section 1476(a)— to the bill S. 1042, to authorize appro- through collective bargaining agreements, (A) in paragraph (1), by striking ‘‘a death priations for fiscal year 2006 for mili- projects, or contracts for work scope. gratuity’’ and inserting ‘‘fallen hero com- tary activities of the Department of (2) PHYSICAL COMPLETION DATE.—The term ‘‘physical completion date’’ means the date pensation’’; and Defense, for military construction, and the Site contractor has completed all serv- (B) in paragraph (2), by striking ‘‘A death for defense activities of the Depart- ices required by the Site project completion gratuity’’ and inserting ‘‘Fallen hero com- ment of Energy, to prescribe personnel contract other than close-out tasks and serv- pensation’’. strengths for such fiscal year for the ices related to plan sponsorship and manage- (3) In section 1477(a), by striking ‘‘A death gratuity’’ and inserting ‘‘Fallen hero com- Armed Forces, and for other purposes; ment of post-project completion retirement as follows: benefits. pensation’’. (3) PLAN SPONSORSHIP AND PROGRAM MAN- (4) In section 1478(a), by striking ‘‘The At the end of subtitle C of title III, add the AGEMENT OF POST-PROJECT COMPLETION RE- death gratuity’’ and inserting ‘‘The amount following: TIREMENT BENEFITS.—The term ‘‘plan spon- of fallen hero compensation’’. sorship and program management of post- (5) In section 1479 (1), by striking ‘‘the SEC. 330. PROVISION OF DEPARTMENT OF DE- project completion retirement benefits’’ death gratuity’’ and inserting ‘‘fallen hero FENSE SUPPORT FOR CERTAIN PARALYMPIC SPORTING EVENTS. means those duties and responsibilities that compensation’’. are necessary to execute, and are consistent ( 6) In section 1489— Section 2564 of title 10, United States Code, with, the terms and legal responsibilities of (A) in subsection (a), by striking ‘‘a gra- is amended— the instrument under which the post-project tuity’’ in the matter preceding paragraph (1) (1) in subsection (c), by adding at the end completion retirement benefits are provided and inserting ‘‘fallen hero compensation’’; the following new paragraphs: to workers at the Site. and ‘‘(4) A sporting event sanctioned by the (d) AUTHORIZATION OF APPROPRIATIONS.—Of (B) in subsection (b)(2), by inserting ‘‘or United States Olympic Committee through the amounts authorized to be appropriated other assistance’’ after ‘‘lesser death gra- the Paralympic Military Program. to the Secretary of Energy in fiscal year 2006 tuity’’. ‘‘(5) A national or international for the Rocky Flats Environmental Tech- (b) CLERICAL AMENDMENTS.— Paralympic sporting event (other than one nology Site, $15,000,000 shall be made avail- (1) Such subchapter is further amended by covered by paragraph (3) or (4)) which is— able to the Secretary to carry out the pro- striking ‘‘Death gratuity:’’ each place it ap- ‘‘(A) held in the United States or any of its gram described in subsection (a). pears in the heading of sections 1475 through territories or commonwealths; 1480 and 1489 and inserting ‘‘Fallen hero com- ‘‘(B) governed by the International Paralympic Committee; and SA 1420. Mr. SMITH (for himself, Mr. pensation:’’. (2) The table of sections at the beginning of ‘‘(C) sanctioned by the United States WYDEN, and Mr. REID) submitted an Olympic Committee.’’; and such subchapter is amended by striking amendment intended to be proposed by (2) in subsection (d)— ‘‘Death gratuity:’’ in the items relating to (A) by inserting ‘‘(1)’’ before ‘‘The Sec- him to the bill S. 1042, to authorize ap- sections 1474 through 1480 and 1489 and in- retary’’; and propriations for fiscal year 2006 for serting ‘‘Fallen hero compensation:’’. (B) by adding at the end the following new military activities of the Department (c) GENERAL REFERENCES.—Any reference paragraph: of Defense, for military construction, to a death gratuity payable under sub- and for defense activities of the De- chapter II of chapter 75 of title 10, United ‘‘(2) Not more than $1,000,000 may be ex- partment of Energy, to prescribe per- States Code, in any law, regulation, docu- pended in any fiscal year to provide support for events specified under paragraph (5) of sonnel strengths for such fiscal year ment, paper, or other record of the United subsection (c).’’. for the Armed Forces, and for other States shall be deemed to be a reference to fallen hero compensation payable under such purposes; which was ordered to lie on subchapter, as amended by this section. the table; as follows: SA 1424. Mr. LEAHY (for himself and At the appropriate place, insert the fol- SA 1422. Mr. SALAZAR submitted an Mr. BOND) submitted an amendment in- lowing: amendment intended to be proposed by tended to be proposed by him to the SEC. ll. AUTHORIZATION FOR NO-COST SECURE him to the bill S. 1042, to authorize ap- bill S. 1042, to authorize appropriations IDENTITY CONTRACTS. propriations for fiscal year 2006 for for fiscal year 2006 for military activi- (a) IN GENERAL.—Notwithstanding sections military activities of the Department ties of the Department of Defense, for 1342 and 3302 of title 31, United States Code, of Defense, for military construction, military construction, and for defense the Department of Defense is authorized to and for defense activities of the De- activities of the Department of Energy, execute no-cost contracts for vendor secure partment of Energy, to prescribe per- to prescribe personnel strengths for identity programs such as the Fast Access such fiscal year for the Armed Forces, program, and other similar secure identity sonnel strengths for such fiscal year for the Armed Forces, and for other and for other purposes; which was or- programs. dered to lie on the table; as follows: (b) APPLICATION.—This section shall apply purposes; as follows: to existing and future no-cost contracts for At the end of subtitle G of title V, insert At the end of subtitle A of title VI, add the secure identity programs. the following: following:

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.042 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8757

SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR (E) REMOVAL.—The Ombudsman may be re- the Joint Inquiry into Intelligence Commu- RESERVE MEMBERS. moved from office by the Secretary only for nity Activities Before and After the Ter- (a) EQUAL TREATMENT OF RESERVE MEM- malfeasance. rorist Attacks of September 2001. BERS.—Subsection (g) of section 403 of title (3) DUTIES.— (2) The contents of the redacted pages dis- 37, United States Code, is amended— (A) IN GENERAL.—The Ombudsman shall en- cuss sources of foreign support for some of (1) by redesignating paragraph (3) as para- sure that the American Forces Network ad- the hijackers involved in the September 11, graph (4); heres to the standards and practices of the 2001, terrorist attacks while they were in the (2) by inserting after paragraph (2) the fol- Network in its programming. United States. lowing new paragraph (3): (B) PARTICULAR DUTIES.—In carrying out (3) The Administration’s decision to clas- ‘‘(3) The rate of basic allowance for hous- the duties of the Ombudsman under this sify this information prevents the American ing to be paid to the following members of a paragraph, the Ombudsman shall— people from having access to information reserve component shall be equal to the rate (i) initiate and conduct, with such fre- about the involvement of certain foreign in effect for similarly situated members of a quency as the Ombudsman considers appro- governments in the September 11, 2001, ter- regular component of the uniformed serv- priate, reviews of the integrity, fairness, and rorist attacks. ices: balance of the programming of the American (4) The Kingdom of Saudi Arabia has re- ‘‘(A) A member who is called or ordered to Forces Network; quested that the President release the 28 active duty for a period of more than 30 days. (ii) initiate and conduct, upon the request pages. ‘‘(B) A member who is called or ordered to of Congress or members of the audience of (5) The Senate respects the need to keep active duty for a period of 30 days or less in the American Forces Network, reviews of the information regarding intelligence sources support of a contingency operation.’’; and programming of the Network; and methods classified, but the Senate also (3) in paragraph (4), as so redesignated, by (iii) identify, pursuant to reviews under recognizes that such purposes can be accom- striking ‘‘less than 140 days’’ and inserting clause (i) or (ii) or otherwise, circumstances plished through careful selective redaction ‘‘30 days or less’’. in which the American Forces Network has of specific words and passages, rather than (b) CONFORMING AMENDMENT REGARDING not adhered to the standards and practices of effacing content entirely. MEMBERS WITHOUT DEPENDENTS.—Paragraph the Network in its programming, including (b) SENSE OF SENATE.—It is the sense of the (1) of such subsection is amended by insert- circumstances in which the programming of Senate that— ing ‘‘or for a period of more than 30 days’’ the Network lacked integrity, fairness, or (1) the President should declassify the 28- after ‘‘in support of a contingency oper- balance; and page section of the Joint Inquiry into The ation’’ both places it appears. (iv) make recommendations to the Amer- Terrorist Attacks of September 11, 2001, that ican Forces Network on means of correcting deals with foreign sources of support for the SA 1425. Mr. HARKIN (for himself the lack of adherence identified pursuant to hijackers involved in the September 11, 2001, and Mr. DORGAN) submitted an amend- clause (iii). terrorist attacks; and ment intended to be proposed by him (C) LIMITATION.—In carrying out the duties (2) only those portions of the report that to the bill S. 1042, to authorize appro- of the Ombudsman under this paragraph, the would directly compromise ongoing inves- priations for fiscal year 2006 for mili- Ombudsman may not engage in any pre- tigations or reveal intelligence sources and methods should remain classified. tary activities of the Department of broadcast censorship or pre-broadcast review of the programming of the American Forces Defense, for military construction, and Network. SA 1427. Mr. NELSON of Florida sub- for defense activities of the Depart- (4) RESOURCES.—The Secretary of Defense mitted an amendment intended to be ment of Energy, to prescribe personnel shall provide the Office of the Ombudsman of proposed by him to the bill S. 1042, to strengths for such fiscal year for the the American Forces Network such per- authorize appropriations for fiscal year Armed Forces, and for other purposes; sonnel and other resources as the Secretary 2006 for military activities of the De- which was ordered to lie on the table; and the Ombudsman jointly determine ap- partment of Defense, for military con- as follows: propriate to permit the Ombudsman to carry struction, and for defense activities of out the duties of the Ombudsman under At the end of subtitle A of title IX, add the the Department of Energy, to prescribe paragraph (3). following: personnel strengths for such fiscal year (5) INDEPENDENCE.—The Secretary shall SEC. 903. AMERICAN FORCES NETWORK. take appropriate actions to ensure the com- for the Armed Forces, and for other (a) MISSION.—The American Forces Net- plete independence of the Ombudsman and purposes; which was ordered to lie on work (AFN) shall provide members of the the Office of the Ombudsman of the Amer- the table; as follows: Armed Forces, civilian employees of the De- ican Forces Network within the Department On page 276, between lines 13 and 14, insert partment of Defense, and their families sta- of Defense. the following: tioned outside the continental United States (6) ANNUAL REPORTS.— SEC. 1034. SENSE OF THE SENATE ON FUNDING and at sea with the same type and quality of (A) IN GENERAL.—The Ombudsman shall FOR COUNTER-DRUG TETHERED American radio and television news, infor- submit to the Secretary of Defense and the AEROSTAT SYSTEM. mation, sports, and entertainment as is congressional defense committees each year (a) FINDINGS.—The Senate makes the fol- available in the continental United States. a report on the activities of the Office of the lowing findings: (b) POLITICAL PROGRAMMING.— Ombudsman of the American Forces Net- (1) According to the Department of State, (1) FAIRNESS AND BALANCE.—All political work during the preceding year. drug trafficking organizations shipped ap- programming of the American Forces Net- (B) AVAILABILITY TO PUBLIC.—The Ombuds- proximately 9 tons of cocaine to the United work shall be characterized by its fairness man shall make available to the public each States through the Dominican Republic in and balance. report submitted under subparagraph (A) 2004, and are increasingly using small, high- (2) FREE FLOW OF PROGRAMMING.—The through the Internet website of the Office of speed watercraft. American Forces Network shall provide in the Ombudsman of the American Forces Net- (2) Drug traffickers use the Caribbean cor- its programming a free flow of political pro- work and by such other means as the Om- ridor to smuggle narcotics to the United gramming from United States commercial budsman considers appropriate. States via Puerto Rico and the Dominican and public radio and television stations. Republic. This route is ideal for drug traf- (c) OMBUDSMAN OF THE AMERICAN FORCES SA 1426. Mr. DORGAN proposed an ficking because of its geographic expanse, NETWORK.— amendment to the bill S. 1042, to au- numerous law enforcement jurisdictions, and (1) ESTABLISHMENT.—There is hereby estab- thorize appropriations for fiscal year fragmented investigative efforts. lished the Office of the Ombudsman of the 2006 for military activities of the De- (3) The tethered aerostat system in Lajas, American Forces Network. Puerto Rico contributes to deterring and de- (2) HEAD OF OFFICE.— partment of Defense, for military con- tecting smugglers moving illicit drugs into (A) OMBUDSMAN.—The head of the Office of struction, and for defense activities of Puerto Rico. The range and operational ca- the Ombudsman of the American Forces Net- the Department of Energy, to prescribe pabilities of the aerostat system allow it to work shall be the Ombudsman of the Amer- personnel strengths for such fiscal year provide surveillance coverage of the eastern ican Forces Network (in this subsection re- for the Armed Forces, and for other Caribbean corridor and the strategic water- ferred to as the ‘‘Ombudsman’’), who shall be purposes; as follows: way between Puerto Rico and the Dominican appointed by the Secretary of Defense. At the end of subtitle G of title X, add the Republic, known as the Mona Passage. (B) QUALIFICATIONS.—Any individual nomi- following: (4) Including maritime radar on the Lajas nated for appointment to the position of Om- SEC. 1073. SENSE OF SENATE ON DECLASSIFICA- aerostat will expand its ability to detect sus- budsman shall have recognized expertise in TION OF PORTIONS OF THE JOINT picious vessels in the eastern Caribbean cor- the field of mass communications, print INQUIRY INTO THE TERRORIST AT- ridor. media, or broadcast media. TACKS OF SEPTEMBER 11, 2001. (b) SENSE OF THE SENATE.—It is the sense (C) PART-TIME STATUS.—The position of (a) FINDINGS.—The Senate makes the fol- of the Senate that— Ombudsman shall be a part-time position. lowing findings: (1) Congress and the Department of De- (D) TERM.—The term of office of the Om- (1) The Administration has prevented the fense should fully fund the Counter-Drug budsman shall be five years. release to the American public of 28 pages of Tethered Aerostat program; and

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.042 S22JYPT1 S8758 CONGRESSIONAL RECORD — SENATE July 22, 2005 (2) Congress and the Department of De- function of Congress and the auditing func- sultation with the majority leader of the fense should install maritime radar on the tions of the executive branch. Senate; and Lajas, Puerto Rico, aerostat system. (5) The Senate Special Committee to Inves- (B) 3 members shall be appointed by the tigate the National Defense Program, popu- minority leader of the Senate. SA 1428. Mr. DURBIN submitted an larly know as the Truman Committee, which (2) DATE.—The appointments of the mem- amendment intended to be proposed by was established during World War II, offers a bers of the Special Committee shall be made him to the bill S. 1042, to authorize ap- constructive precedent for bipartisan over- not later than 90 days after the date of the propriations for fiscal year 2006 for sight of wartime contracting that can also enactment of this Act. military activities of the Department be extended to wartime and postwar recon- (b) VACANCIES.—Any vacancy in the Spe- struction activities. cial Committee shall not affect its powers, of Defense, for military construction, (6) The Truman Committee is credited with but shall be filled in the same manner as the and for defense activities of the De- an extremely successful investigative effort, original appointment. partment of Energy, to prescribe per- performance of a significant public edu- (c) SERVICE.—Service of a Senator as a sonnel strengths for such fiscal year cation role, and achievement of fiscal sav- member, chairman, or ranking member of for the Armed Forces, and for other ings measured in the billions of dollars. the Special Committee shall not be taken purposes; which was ordered to lie on (7) The public has a right to expect that into account for the purposes of paragraph the table; as follows: taxpayer resources will be carefully dis- (4) of rule XXV of the Standing Rules of the bursed and honestly spent. Senate. On page 371, between lines 8 and 9, insert (d) CHAIRMAN AND RANKING MEMBER.—The the following: SEC. ll02. SPECIAL COMMITTEE ON WAR AND RECONSTRUCTION CONTRACTING. chairman of the Special Committee shall be SEC. 2887. ADMINISTRATIVE AND OPERATIONS There is established a special committee of designated by the majority leader of the Sen- STRUCTURES, SCOTT AIR FORCE the Senate to be known as the Special Com- ate, and the ranking member of the Special BASE, ILLINOIS. mittee on War and Reconstruction Con- Committee shall be designated by the minor- (a) IN GENERAL.—Notwithstanding any tracting (hereafter in this title referred to as ity leader of the Senate. other provision of law, the Secretary of the the ‘‘Special Committee’’). (e) QUORUM.— Air Force may enter into agreements with SEC. ll03. PURPOSE AND DUTIES. (1) REPORTS AND RECOMMENDATIONS.—A ma- St. Clair County, Illinois, for the joint con- (a) PURPOSE.—The purpose of the Special jority of the members of the Special Com- struction and use of administrative and oper- Committee is to investigate the awarding mittee shall constitute a quorum for the pur- ations facilities at Scott Air Force Base, Illi- and performance of contracts to conduct pose of reporting a matter or recommenda- nois. military, security, and reconstruction ac- tion to the Senate. (b) LIMITATIONS.— tivities in Afghanistan and Iraq and to sup- (2) TESTIMONY.—One member of the Special (1) TOTAL COST.—The total cost of agree- port the prosecution of the war on terrorism. Committee shall constitute a quorum for the ments entered into under subsection (a) may (b) DUTIES.—The Special Committee shall purpose of taking testimony. not exceed $60,000,000. examine the contracting actions described in (3) OTHER BUSINESS.—A majority of the (2) LEASE PAYMENTS.—All payments made subsection (a) and report on such actions, in members of the Special Committee, or 1⁄3 of by the Air Force under leases entered into accordance with this section, regarding— the members of the Special Committee if at under subsection (a) shall be made out of (1) bidding, contracting, accounting, and least one member of the minority party is funds available for the Air Force for oper- auditing standards for Federal Government present, shall constitute a quorum for the ation and maintenance. contracts; purpose of conducting any other business of (3) TERMS OF LEASES.—Any lease agree- (2) methods of contracting, including sole- the Special Committee. ment entered into under subsection (a)— source contracts and limited competition or SEC. ll05. RULES AND PROCEDURES. (A) shall provide for the lease of such ad- noncompetitive contracts; (a) GOVERNANCE UNDER STANDING RULES OF ministrative or operations facilities for a pe- (3) subcontracting under large, comprehen- riod not to exceed 30 years; and SENATE.—Except as otherwise specifically sive contracts; provided in this resolution, the investiga- (B) shall provide that, upon termination of (4) oversight procedures; the lease, all right, title, and interest in the tion, study, and hearings conducted by the (5) consequences of cost-plus and fixed Special Committee shall be governed by the facilities shall, at the option of the Sec- price contracting; retary, be conveyed to the United States. Standing Rules of the Senate. (6) allegations of wasteful and fraudulent (b) ADDITIONAL RULES AND PROCEDURES.— practices; SA 1429. Mr. DORGAN (for himself, The Special Committee may adopt addi- (7) accountability of contractors and Gov- tional rules or procedures if the chairman Mr. DURBIN, and Mr. LAUTENBERG) pro- ernment officials involved in procurement posed an amendment to the bill S. 1042, and ranking member agree that such addi- and contracting; tional rules or procedures are necessary to to authorize appropriations for fiscal (8) penalties for violations of law and enable the Special Committee to conduct the year 2006 for military activities of the abuses in the awarding and performance of investigation, study, and hearings author- Department of Defense, for military Government contracts; and ized by this resolution. Any such additional construction, and for defense activities (9) lessons learned from the contracting rules and procedures— of the Department of Energy, to pre- process used in Iraq and Afghanistan and in (1) shall not be inconsistent with this reso- connection with the war on terrorism with scribe personnel strengths for such fis- lution or the Standing Rules of the Senate; respect to the structure, coordination, man- and cal year for the Armed Forces, and for agement policies, and procedures of the Fed- other purposes; as follows: (2) shall become effective upon publication eral Government. in the Congressional Record. At the appropriate place, insert the fol- (c) INVESTIGATION OF WASTEFUL AND SEC. ll06. AUTHORITY OF SPECIAL COMMITTEE. lowing: FRAUDULENT PRACTICES.—The investigation by the Special Committee of allegations of (a) IN GENERAL.—The Special Committee TITLE ll—SPECIAL COMMITTEE OF SEN- may exercise all of the powers and respon- ATE ON WAR AND RECONSTRUCTION wasteful and fraudulent practices under sub- section (b)(6) shall include investigation of sibilities of a committee under rule XXVI of CONTRACTING allegations regarding any contract or spend- the Standing Rules of the Senate. SEC. ll01. FINDINGS. ing entered into, supervised by, or otherwise (b) HEARINGS.—The Special Committee or, Congress makes the following findings: involving the Coalition Provisional Author- at its direction, any subcommittee or mem- (1) The wars in Iraq and Afghanistan have ity, regardless of whether or not such con- ber of the Special Committee, may, for the exerted very large demands on the Treasury tract or spending involved appropriated purpose of carrying out this resolution— of the United States and required tremen- funds of the United States. (1) hold such hearings, sit and act at such dous sacrifice by the members of the Armed (d) EVIDENCE CONSIDERED.—In carrying out times and places, take such testimony, re- Forces of the United States. its duties, the Special Committee shall as- ceive such evidence, and administer such (2) Congress has a constitutional responsi- certain and evaluate the evidence developed oaths as the Special Committee or such sub- bility to ensure comprehensive oversight of by all relevant governmental agencies re- committee or member considers advisable; the expenditure of United States Govern- garding the facts and circumstances relevant and ment funds. to contracts described in subsection (a) and (2) require, by subpoena or otherwise, the (3) Waste and corporate abuse of United any contract or spending covered by sub- attendance and testimony of such witnesses States Government resources are particu- section (c). and the production of such books, records, larly unacceptable and reprehensible during SEC. ll04. COMPOSITION OF SPECIAL COM- correspondence, memoranda, papers, docu- times of war. MITTEE. ments, tapes, and materials as the Special (4) The magnitude of the funds involved in (a) MEMBERSHIP.— Committee considers advisable. the reconstruction of Afghanistan and Iraq (1) IN GENERAL.—The Special Committee (c) ISSUANCE AND ENFORCEMENT OF SUB- and the war on terrorism, together with the shall consist of 7 members of the Senate of POENAS.— speed with which these funds have been com- whom— (1) ISSUANCE.—Subpoenas issued under sub- mitted, presents a challenge to the effective (A) 4 members shall be appointed by the section (b) shall bear the signature of the performance of the traditional oversight President pro tempore of the Senate, in con- Chairman of the Special Committee and

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.035 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8759 shall be served by any person or class of per- approved for such purposes for the Special management systems of the highly technical sons designated by the Chairman for that Committee. and scientific workforces of the Department purpose. (c) REIMBURSEMENT OF EXPENSES.—The of Defense laboratories and similar scientific (2) ENFORCEMENT.—In the case of contu- Special Committee may reimburse the mem- facilities and institutions. macy or failure to obey a subpoena issued bers of its staff for travel, subsistence, and (b) ELEMENTS.—The study required by sub- under subsection (a), the United States dis- other necessary expenses incurred by such section (a) shall include the following: trict court for the judicial district in which staff members in the performance of their (1) An examination of the flexible per- the subpoenaed person resides, is served, or functions for the Special Committee. sonnel management authorities, whether may be found may issue an order requiring (d) PAYMENT OF EXPENSES.—There shall be under statute or regulations, currently being such person to appear at any designated paid out of the applicable accounts of the utilized at Department of Defense dem- place to testify or to produce documentary Senate such sums as may be necessary for onstration laboratories to assist in the man- or other evidence. Any failure to obey the the expenses of the Special Committee. Such agement of the workforce of such labora- order of the court may be punished by the payments shall be made on vouchers signed tories. court as a contempt of that court. by the chairman of the Special Committee (2) An identification of any flexible per- (d) MEETINGS.—The Special Committee and approved in the manner directed by the sonnel management authorities, whether may sit and act at any time or place during Committee on Rules and Administration of under statute or regulations, available for sessions, recesses, and adjournment periods the Senate. Amounts made available under use in the management of Department of De- of the Senate. this subsection shall be expended in accord- fense laboratories to assist in the manage- SEC. ll07. REPORTS. ance with regulations prescribed by the Com- ment of the workforces of such laboratories that are not currently being utilized. (a) INITIAL REPORT.—The Special Com- mittee on Rules and Administration of the mittee shall submit to the Senate a report Senate. (3) An assessment of personnel manage- on the investigation conducted pursuant to SEC. ll09. TERMINATION. ment practices utilized by scientific and section ll03 not later than 270 days after The Special Committee shall terminate on technical laboratories and institutions that the appointment of the Special Committee February 28, 2007. are similar to the Department of Defense members. SEC. ll10. SENSE OF SENATE ON CERTAIN laboratories. (b) UPDATED REPORT.—The Special Com- CLAIMS REGARDING THE COALITION (4) A comparative analysis of the specific mittee shall submit an updated report on PROVISIONAL AUTHORITY. features identified by the Comptroller Gen- such investigation not later than 180 days It is the sense of the Senate that any claim eral in successful personnel management after the submission of the report under sub- of fraud, waste, or abuse under the False systems of highly technical and scientific section (a). Claims Act that involves any contract or workforces to attract and retain critical em- (c) ADDITIONAL REPORTS.—The Special spending by the Coalition Provisional Au- ployees and to provide local management au- Committee may submit any additional re- thority should be considered a claim against thority to Department of Defense laboratory port or reports that the Special Committee the United States Government. officials. considers appropriate. (c) PURPOSES.—The purposes of the study shall include— (d) FINDINGS AND RECOMMENDATIONS.—The SA 1430. Mr. WARNER (for Mr. NEL- reports under this section shall include find- SON of Nebraska) proposed an amend- (1) the identification of the specific fea- ings and recommendations of the Special ment to the bill S. 1042, to authorize tures of successful personnel management Committee regarding the matters considered systems of highly technical and scientific appropriations for fiscal year 2006 for workforces; under section ll03. military activities of the Department (2) an assessment of the potential effects of (e) DISPOSITION OF REPORTS.—Any report of Defense, for military construction, made by the Special Committee when the the utilization of such features by Depart- Senate is not in session shall be submitted to and for defense activities of the De- ment of Defense laboratories on the missions the Clerk of the Senate. Any report made by partment of Energy, to prescribe per- of such laboratories and on the mission of the Special Committee shall be referred to sonnel strengths for such fiscal year the Department of Defense as a whole; and the committee or committees that have ju- for the Armed Forces, and for other (3) recommendations as to the future utili- risdiction over the subject matter of the re- purposes; as follows: zation of such features in Department of De- port. fense laboratories. At the end of subtitle E of title VI, add the (d) LABORATORY PERSONNEL DEMONSTRA- ll SEC. 08. ADMINISTRATIVE PROVISIONS. following: TION AUTHORITIES.—The laboratory personnel (a) STAFF.— SEC. 653. MODIFICATION OF REQUIREMENT FOR demonstration authorities set forth in this (1) IN GENERAL.—The Special Committee CERTAIN INTERMEDIARIES UNDER subsection are as follows: may employ in accordance with paragraph CERTAIN AUTHORITIES RELATING (1) The authorities in section 342(b) of the (2) a staff composed of such clerical, inves- TO ADOPTIONS. National Defense Authorization Act for Fis- tigatory, legal, technical, and other per- (a) REIMBURSEMENT FOR ADOPTION EX- cal Year 1995 (Public Law 103–337; 108 Stat. sonnel as the Special Committee, or the PENSES.—Section 1052(g)(1) of title 10, United 2721), as amended by section 1114 of the chairman or the ranking member, considers States Code, is amended by inserting ‘‘or Floyd D. Spence National Defense Authoriza- necessary or appropriate. other source authorized to place children for tion Act for Fiscal Year 2001 (as enacted into (2) APPOINTMENT OF STAFF.— adoption under State or local law’’ after law by Public Law 106–398 (114 Stat. 1654A– (A) IN GENERAL.—The Special Committee ‘‘qualified adoption agency’’. 315)). shall appoint a staff for the majority, a staff (b) TREATMENT AS CHILDREN FOR MEDICAL (2) The authorities in section 1101 of the for the minority, and a nondesignated staff. AND DENTAL CARE PURPOSES.—Section Strom Thurmond National Defense Author- (B) MAJORITY STAFF.—The majority staff 1072(6)(D)(i) of such title is amended by in- ization Act for Fiscal Year 1999 (Public Law shall be appointed, and may be removed, by serting ‘‘, or by any other source authorized 105–261; 5 U.S.C. 3104 note). the chairman and shall work under the gen- by State or local law to provide adoption (e) REPORT.—Not later than one year after eral supervision and direction of the chair- placement,’’ after ‘‘(recognized by the Sec- the date of the enactment of this Act, the man. retary of defense)’’. Comptroller General shall submit to the ap- (C) MINORITY STAFF.—The minority staff propriate committees of Congress a report on shall be appointed, and may be removed, by SA 1431. Mr. WARNER (for Mr. SES- the study required by this section. The re- the ranking member of the Special Com- SIONS (for himself and Mr. REED)) pro- port shall include— mittee, and shall work under the general su- posed an amendment to the bill S. 1042, (1) a description of the study; pervision and direction of such member. to authorize appropriations for fiscal (2) an assessment of the effectiveness of (D) NONDESIGNATED STAFF.—Nondesignated year 2006 for military activities of the the current utilization by the Department of staff shall be appointed, and may be re- Department of Defense, for military Defense of the laboratory personnel dem- moved, jointly by the chairman and the construction, and for defense activities onstration authorities set forth in sub- ranking member, and shall work under the section (d); and joint general supervision and direction of the of the Department of Energy, to pre- (3) such recommendations as the Comp- chairman and ranking member. scribe personnel strengths for such fis- troller General considers appropriate for the (b) COMPENSATION.— cal year for the Armed Forces, and for effective use of available personnel manage- (1) MAJORITY STAFF.—The chairman shall other purposes; as follows: ment authorities to ensure the successful fix the compensation of all personnel of the At the end of title XI, add the following: personnel management of the highly tech- majority staff of the Special Committee. SEC. 1106. COMPTROLLER GENERAL STUDY ON nical and scientific workforce of the Depart- (2) MINORITY STAFF.—The ranking member FEATURES OF SUCCESSFUL PER- ment of Defense laboratories. shall fix the compensation of all personnel of SONNEL MANAGEMENT SYSTEMS OF (f) APPROPRIATE COMMITTEES OF CONGRESS the minority staff of the Special Committee. HIGHLY TECHNICAL AND SCI- DEFINED.—In this section, the term ‘‘appro- (3) NONDESIGNATED STAFF.—The chairman ENTIFIC WORKFORCES. priate committees of Congress’’ means— and ranking member shall jointly fix the (a) IN GENERAL.—The Comptroller General (1) the Committees on Armed Services, Ap- compensation of all nondesignated staff of of the United States shall conduct a study to propriations, and Homeland Security and the Special Committee, within the budget identify the features of successful personnel Governmental Affairs of the Senate; and

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.037 S22JYPT1 S8760 CONGRESSIONAL RECORD — SENATE July 22, 2005 (2) the Committees on Armed Services, Ap- UH–60 Black Hawk helicopters to be pro- ‘‘(2) The amount applicable to any fiscal propriations, and Government Reform of the cured in response to attrition from 2 heli- year after fiscal year 2006 under this sub- House of Representatives. copters to 4 helicopters. section is the amount equal to the product of (b) OFFSET.—Of the amount authorized to the following, minus the amount appro- SA 1432. Mr. WARNER (for Mr. ENZI be appropriated by section 101(1) for aircraft priated for the purposes specified for sub- (for himself and Mr. KENNEDY)) pro- for the Army, the amount available for UH– section (d) for fiscal year 2005: posed an amendment to the bill S. 1042, 60 Black Hawk helicopter medevac kits is ‘‘(A) The sum of— to authorize appropriations for fiscal hereby reduced to $29,700,000, with the ‘‘(i) the number of veterans enrolled in the Department health care system under sec- year 2006 for military activities of the amount to be derived in a reduction in the number of such kits from 10 kits to 6 kits. tion 1705 of this title as of July 1 preceding Department of Defense, for military the beginning of such fiscal year; and construction, and for defense activities SA 1435. Ms. STABENOW (for herself ‘‘(ii) the number of persons eligible for of the Department of Energy, to pre- and Mr. JOHNSON) submitted an amend- health care under chapter 17 of this title who scribe personnel strengths for such fis- ment intended to be proposed by her to are not covered by clause (i) and who were cal year for the Armed Forces, and for the bill S. 1042, to authorize appropria- provided hospital care or medical services other purposes; as follows: under such chapter at any time during the tions for fiscal year 2006 for military fiscal year preceding such fiscal year. At the end of subtitle E of title VI, add the activities of the Department of De- ‘‘(B) The per capita baseline amount, as in- following: fense, for military construction, and creased from time to time pursuant to para- SEC. 653. EXTENSION OF EFFECTIVE DATE. for defense activities of the Depart- graph (3)(B). Section 6 of the Higher Education Relief ment of Energy, to prescribe personnel ‘‘(3)(A) For purposes of paragraph (2)(B), Opportunities for Students Act of 2003 (20 strengths for such fiscal year for the the term ‘per capita baseline amount’ means U.S.C. 1070 note) is amended by striking Armed Forces, and for other purposes; the amount equal to— ‘‘September 30, 2005’’ and inserting ‘‘Sep- ‘‘(i) the amount obligated by the Depart- tember 30 2007’’. which was ordered to lie on the table; ment during fiscal year 2005 for the purposes as follows: specified in subsection (d), divided by SA 1433. Mr. LIEBERMAN (for him- At the end of subtitle G of title X, add the ‘‘(ii) the number of veterans enrolled in the self, Mrs. CLINTON, Mr. REED, Mr. NEL- following: Department health care system under sec- SON of Florida, Mr. SALAZAR, Mr. SEC. 1073. FUNDING FOR VETERANS HEALTH tion 1705 of this title as of September 30, KERRY, and Mr. AKAKA) submitted an CARE TO ADDRESS CHANGES IN 2004. amendment intended to be proposed by POPULATION AND INFLATION. ‘‘(B) With respect to any fiscal year, the (a) FUNDING TO ADDRESS CHANGES IN POPU- Secretary shall provide a percentage in- him to the bill S. 1042, to authorize ap- LATIONS AND INFLATION.—(1) Chapter 3 of crease (rounded to the nearest dollar) in the propriations for fiscal year 2006 for title 38, United States Code, is amended by per capita baseline amount equal to the per- military activities of the Department adding at the end the following new section: centage by which— of Defense, for military construction, ‘‘§ 320. Funding for veterans health care to ‘‘(i) the Consumer Price Index (all Urban and for defense activities of the De- address changes in population and infla- Consumers, United States City Average, Hos- partment of Energy, to prescribe per- tion pital and related services, Seasonally Ad- justed), published by the Bureau of Labor sonnel strengths for such fiscal year ‘‘(a) By the enactment of this section, Con- for the Armed Forces, and for other Statistics of the Department of Labor for the gress and the President intend to ensure ac- 12-month period ending on the June 30 pre- purposes; which was ordered to lie on cess to health care for all veterans. Upon the ceding the beginning of the fiscal year for the table; as follows: enactment of this section, funding for the which the increase is made, exceeds At the end of subtitle A of title IV, add the programs, functions, and activities of the ‘‘(ii) such Consumer Price Index for the 12- following: Veterans Health Administration specified in month period preceding the 12-month period subsection (d) to accomplish this objective described in clause (i). SEC. 403. INCREASE IN END-STRENGTH FOR THE shall be provided through a combination of ARMY. ‘‘(d)(1) Except as provided in paragraph (2), discretionary and mandatory funds. The dis- Section 691 of title 10, United States Code, the purposes for which amounts made avail- cretionary amount should be equal to the fis- is amended by adding at the end the fol- able pursuant to subsection (b) shall be all cal year 2005 discretionary funding for such lowing new subsection: programs, functions, and activities of the programs, functions, and activities, and ‘‘(e) Notwithstanding subsection (b)(1), the Veterans Health Administration. should remain unchanged each fiscal year authorization for the number of members of ‘‘(2) Amounts made available pursuant to thereafter. The annual level of mandatory the Army at the end of each fiscal year as subsection (b) are not available for— amount shall be adjusted according to the follows shall be not less than the number ‘‘(A) construction, acquisition, or alter- formula specified in subsection (c). While specified for such fiscal year: ation of medical facilities as provided in sub- this section does not purport to control the ‘‘(1) Fiscal year 2006, 522,400. chapter I of chapter 81 of this title (other outcome of the annual appropriations proc- ‘‘(2) Fiscal year 2007, 542,400. than for such repairs as were provided for be- ess, it anticipates cooperation from Congress ‘‘(3) Fiscal year 2008, 562,400. fore the date of the enactment of this section and the President in sustaining discre- ‘‘(4) Fiscal year 2009, 582,400. through the Medical Care appropriation for tionary funding for such programs, func- ‘‘(5) Any fiscal year after fiscal year 2009, the Department); or tions, and activities in future fiscal years at 582,400.’’. ‘‘(B) grants under subchapter III of chapter the level of discretionary funding for such 81 of this title. SA 1434. Mr. LIEBERMAN submitted programs, functions, and activities for fiscal ‘‘(e) Nothing in this section shall be con- year 2005. The success of that arrangement, strued to prevent or limit the authority of an amendment intended to be proposed as well as of the funding formula, are to be Congress to reauthorize provisions relating by him to the bill S. 1042, to authorize reviewed after 2 years. to veterans health care.’’. appropriations for fiscal year 2006 for ‘‘(b) On the first day of each fiscal year, (2) The table of sections at the beginning of military activities of the Department the Secretary of the Treasury shall make such chapter is amended by adding at the of Defense, for military construction, available to the Secretary of Veterans Af- end the following new item: and for defense activities of the De- fairs the amount determined under sub- ‘‘320. Funding for veterans health care to partment of Energy, to prescribe per- section (c) with respect to that fiscal year. address changes in population sonnel strengths for such fiscal year Each such amount is available, without fis- and inflation.’’. cal year limitation, for the programs, func- (b) COMPTROLLER GENERAL REPORT.—(1) for the Armed Forces, and for other tions, and activities of the Veterans Health purposes; which was ordered to lie on Not later than January 31, 2008, the Comp- Administration, as specified in subsection troller General of the United States shall the table; as follows: (d). There is hereby appropriated, out of any submit to Congress a report on the extent to At the end of subtitle A of title I, add the sums in the Treasury not otherwise appro- which section 320 of title 38, United States following: priated, amounts necessary to implement Code (as added by subsection (a)), has SEC. 114. UH–60 BLACK HAWK HELICOPTER PRO- this section. achieved the purpose set forth in subsection CUREMENT IN RESPONSE TO ATTRI- ‘‘(c)(1) The amount applicable to fiscal (a) of such section 320 during fiscal years 2006 TION. year 2005 under this subsection is the amount and 2007. (a) INCREASE IN AMOUNT.—Of the amount equal to— (2) The report under paragraph (1) shall set authorized to be appropriated by section ‘‘(A) 130 percent of the amount obligated forth the following: 101(1) for aircraft for the Army, the amount by the Department during fiscal year 2005 for (A) The amount appropriated for fiscal available for the procurement UH–60 Black the purposes specified in subsection (d), year 2005 for the programs, functions, and ac- Hawk helicopters in response to attrition is minus tivities of the Veterans Health Administra- hereby increased to $40,600,000, with the ‘‘(B) the amount appropriated for those tion specified in subsection (d) of section 320 amount to be used to increase the number of purposes for fiscal year 2004. of title 38, United States Code.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.038 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8761 (B) The amount appropriated by annual ap- spective House to move to proceed to the SA 1436. Mr. MCCAIN submitted an propriations Acts for each of fiscal years 2006 consideration of the resolution (but only on amendment intended to be proposed by and 2007 for such programs, functions, and the day after the calendar day on which such him to the bill S. 1042, to authorize ap- activities. Member announces to the House concerned (C) The amount provided by section 320 of the Member’s intention to do so). The mo- propriations for fiscal year 2006 for title 38, United States Code, for each of fiscal tion is highly privileged in the House of Rep- military activities of the Department years 2006 and 2007 for such programs, func- resentatives and is privileged in the Senate of Defense, for military construction, tions, and activities. and is not debatable. The motion is not sub- and for defense activities of the De- (D) An assessment whether the amount de- ject to amendment, or to a motion to post- partment of Energy, to prescribe per- scribed in subparagraph (C) for each of fiscal pone, or to a motion to proceed to the con- sonnel strengths for such fiscal year years 2006 and 2007 was appropriate to ad- sideration of other business. A motion to re- for the Armed Forces, and for other dress the changes in costs to the Veterans consider the vote by which the motion is purposes; which was ordered to lie on Health Administration for such programs, agreed to or disagreed to shall not be in functions, and activities that were attrib- order. If a motion to proceed to the consider- the table; as follows: utable to changes in population and in infla- ation of the resolution is agreed to, the re- At the end of title XXIII, add the fol- tion over the course of such fiscal years. spective House shall immediately proceed to lowing: (E) An assessment whether the amount consideration of the joint resolution without SEC. 2305. PROHIBITION ON USE OF FUNDS FOR provided by section 320 of title 38, United intervening motion, order, or other business, MILITARY CONSTRUCTION PROJECT AT KARSHI-KHANABAD AIR BASE, States Code, in each of fiscal years 2006 and and the resolution shall remain the unfin- UZBEKISTAN. 2007, when combined with amounts appro- ished business of the respective House until No funds authorized to be appropriated by priated by annual appropriations Acts for disposed of. this Act, and no funds appropriated by an each of such fiscal years for such programs, (B) Debate on the resolution, and on all de- Act enacted before the date of the enactment functions, and activities, provided adequate batable motions and appeals in connection of this Act that remain available for obliga- funding of such programs, functions, and ac- therewith, shall be limited to not more than tion as of that date, may be obligated or ex- tivities in each such fiscal year. 2 hours, which shall be divided equally be- pended for a military construction project to (F) Such recommendations as the Comp- tween those favoring and those opposing the extend, repair, or both the runways and troller General considers appropriate regard- resolution. An amendment to the resolution taxiways at Karshi-Khanabad air base, ing modifications of the formula under sub- is not in order. A motion further to limit de- Uzbekistan. section (c) of section 320 of title 38, United bate is in order and not debatable. A motion States Code, or any other modifications of to postpone, or a motion to proceed to the SA 1437. Mr. MCCAIN submitted an law, to better ensure adequate funding of consideration of other business, or a motion such programs, functions, and activities. to recommit the resolution is not in order. A amendment intended to be proposed by (c) CONGRESSIONAL CONSIDERATION OF motion to reconsider the vote by which the him to the bill S. 1042, to authorize ap- COMPTROLLER GENERAL RECOMMENDATIONS.— resolution is agreed to or disagreed to is not propriations for fiscal year 2006 for (1) JOINT RESOLUTION.—or purposes of this in order. military activities of the Department subsection, the term ‘‘joint resolution’’ (C) Immediately following the conclusion of Defense, for military construction, means only a joint resolution which is intro- of the debate on a resolution described in and for defense activities of the De- duced (in the House of Representatives by paragraph (1) and a single quorum call at the partment of Energy, to prescribe per- the Speaker of the House of Representatives conclusion of the debate if requested in ac- (or the Speaker’s designee) or the Minority cordance with the rules of the appropriate sonnel strengths for such fiscal year Leader (or the Minority Leader’s designee) House, the vote on final passage of the reso- for the Armed Forces, and for other and in the Senate by the Majority Leader (or lution shall occur. purposes; which was ordered to lie on the Majority Leader’s designee) or the Mi- (D) Appeals from the decisions of the Chair the table; as follows: nority Leader (or the Minority Leader’s des- relating to the application of the rules of the At the end of division A, add the following: ignee)) within the 10-day period beginning on Senate or the House of Representatives, as TITLE XV—RECRUITMENT AND the date on which Congress receives the re- the case may be, to the procedure relating to RETENTION port of the Comptroller General of the a resolution described in paragraph (1) shall SEC. 1501. SHORT TITLE. United States under subsection (b), and— be decided without debate. This title may be cited as the ‘‘Military (A) which does not have a preamble; (5) CONSIDERATION BY OTHER HOUSE.—(A) If, Recruiting Initiatives Act of 2005’’. (B) the matter after the resolving clause of before the passage by one House of a resolu- which consists of amendments of title 38, tion of that House described in paragraph (1), SEC. 1502. INCREASE IN MAXIMUM ENLISTMENT BONUS. United States Code, or other amendments or that House receives from the other House a (a) ENLISTMENT BONUS FOR SELECTED RE- modifications of laws under the jurisdiction resolution described in paragraph (1), then SERVE MEMBERS.—Section 308c(b) of title 37, of the Secretary of Veterans Affairs to im- the following procedures shall apply: United States Code, is amended by striking plement the recommendations of the Comp- (i) The resolution of the other House shall ‘‘$10,000’’ and inserting ‘‘$20,000’’. troller General in the report under sub- not be referred to a committee and may not (b) ENLISTMENT BONUS FOR ACTIVE MEM- section (b)(2)(F); and be considered in the House receiving it ex- BERS.—Section 309(a) of title 37, United (C) the title of which is as follows: ‘‘Joint cept in the case of final passage as provided States Code, is amended by striking resolution to ensure adequate funding of in clause (ii)(II). ‘‘$20,000’’ and inserting ‘‘$40,000’’. health care for veterans.’’. (ii) With respect to a resolution described SEC. 1503. TEMPORARY AUTHORITY TO PAY (2) REFERRAL.—resolution described in in paragraph (1) of the House receiving the BONUS TO ENCOURAGE MEMBERS paragraph (1) that is introduced in the House resolution— OF THE ARMY TO REFER OTHER of Representatives shall be referred to the (I) the procedure in that House shall be the PERSONS FOR ENLISTMENT IN THE Committee on Veterans’ Affairs of the House same as if no resolution had been received ARMY. of Representatives. A resolution described in from the other House; but (a) AUTHORITY TO PAY BONUS.—The Sec- paragraph (1) introduced in the Senate shall (II) the vote on final passage shall be on retary of the Army may pay a bonus under be referred to the Committee on Veterans’ the resolution of the other House. this section to a member of the Army, Affairs of the Senate. (B) Upon disposition of the resolution re- whether in the regular component of the (3) DISCHARGE.—If the committee to which ceived from the other House, it shall no Army or in the Army National Guard or a resolution described in paragraph (1) is re- longer be in order to consider the resolution Army Reserve, who refers to an Army re- ferred has not reported such resolution (or that originated in the receiving House. cruiter a person who has not previously an identical resolution) by the end of the 20- (6) RULES OF SENATE AND HOUSE.—This sub- served in an Armed Force and who, after day period beginning on the date on which section is enacted by Congress— such referral, enlists in the regular compo- the Comptroller General submits to Congress (A) as an exercise of the rulemaking power nent of the Army or in the Army National the report under subsection (b), such com- of the Senate and House of Representatives, Guard or Army Reserve. mittee shall be, at the end of such period, respectively, and as such it is deemed a part (b) REFERRAL.—For purposes of this sec- discharged from further consideration of of the rules of each House, respectively, but tion, a referral for which a bonus may be such resolution, and such resolution shall be applicable only with respect to the procedure paid under subsection (a) occurs— placed on the appropriate calendar of the to be followed in that House in the case of a (1) when a member of the Army contacts House involved. resolution described in paragraph (1), and it an Army recruiter on behalf of a person in- (4) CONSIDERATION.—(A) On or after the supersedes other rules only to the extent terested in enlisting in the Army; or third day after the date on which the com- that it is inconsistent with such rules; and (2) when a person interested in enlisting in mittee to which such a resolution is referred (B) with full recognition of the constitu- the Army contacts the Army recruiter and has reported, or has been discharged (under tional right of either House to change the informs the recruiter of the role of the mem- paragraph (3)) from further consideration of, rules (so far as relating to the procedure of ber in initially recruiting the person. such a resolution, it is in order (even though that House) at any time, in the same man- (c) CERTAIN REFERRALS INELIGIBLE.— a previous motion to the same effect has ner, and to the same extent as in the case of (1) REFERRAL OF IMMEDIATE FAMILY.—A been disagreed to) for any Member of the re- any other rule of that House. member of the Army may not be paid a

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.039 S22JYPT1 S8762 CONGRESSIONAL RECORD — SENATE July 22, 2005 bonus under subsection (a) for the referral of ‘‘an enlisted member in a military spe- (K) Section 6331(a)(2). an immediate family member. cialty’’ and inserting ‘‘a member in an offi- (L) Section 6336. (2) MEMBERS IN RECRUITING ROLES.—A cer program or military specialty’’. (M) Section 6389. member of the Army serving in a recruiting SEC. 1508. REPORT ON RESERVE DENTAL INSUR- (N) Section 6911(c)(1). or retention assignment, or assigned to other ANCE PROGRAM. (O) Section 6913(a). duties regarding which eligibility for a bonus (a) STUDY.—The Secretary of Defense shall (P) Section 6915. under subsection (a) could (as determined by conduct a study of the Reserve Dental Insur- (Q) Section 6954(b)(3). the Secretary) be perceived as creating a ance program. (R) Section 6956(a)(2). conflict of interest, may not be paid a bonus (b) ELEMENTS.—The study required by sub- (S) Section 6959. under subsection (a). section (a) shall— (T) Section 7225. (d) AMOUNT OF BONUS.—The amount of the (1) identify the most effective mechanism (U) Section 7226. bonus paid for a referral under subsection (a) or mechanisms for the payment of premiums (V) Section 7605(1). may not exceed $1,000. The bonus shall be under the Reserve Dental Insurance program (W) Section 7852. paid in a lump sum. for members of the reserve components of (X) Section 7853. (e) TIME OF PAYMENT.—A bonus may not be the Armed Forces and their dependents, in- (Y) Section 7854. paid under subsection (a) with respect to a cluding by deduction from reserve pay, by di- (Z) Section 10101(3). person who enlists in the Army until the per- rect collection, or by other means (including (AA) Section 10108. son completes basic training and individual appropriate mechanisms from other military (BB) Section 10172. advanced training. benefits programs), to ensure uninterrupted (CC) Section 10301(a)(7). (f) RELATION TO PROHIBITION ON BOUN- availability of premium payments regardless (DD) Section 10303. TIES.—The referral bonus authorized by this of whether members are performing active (EE) Section 12004(e)(2). section is not a bounty for purposes of sec- duty with pay or inactive-duty training with (FF) Section 12005. tion 514(a) of title 10, United States Code. pay; (GG) Section 12010. (g) LIMITATION ON INITIAL USE OF AUTHOR- (2) include such matters relating to the Re- (HH) Section 12011(a)(2). ITY.—During the first year in which bonuses serve Dental Insurance program as the Sec- (II) Section 12012(a). are offered under this section, the Secretary retary considers appropriate; and (JJ) Section 12103. of the Army may not pay more than 1,000 re- (3) assess the effectiveness of mechanisms (KK) Section 12205. ferral bonuses per component of the Army. for informing the members of the reserve (LL) Section 12207(b)(2). (h) DURATION OF AUTHORITY.—A bonus may components of the Armed Forces of the (MM) Section 12732. not be paid under subsection (a) with respect availability of, and benefits under, the Re- (NN) Section 12774(b) (other than the first to any referral that occurs after December serve Dental Insurance program. place it appears). 31, 2007. (c) REPORT.—Not later than February 1, (OO) Section 14002(b). SEC. 1504. INCREASE IN MAXIMUM AGE FOR EN- 2007, the Secretary shall submit to the con- (PP) Section 14101(a)(1). LISTMENT. gressional defense committees a report on (QQ) Section 14107(d). Section 505(a) of title 10, United States the study required by subsection (a). The re- (RR) Section 14302(a)(1)(A). Code, is amended by striking ‘‘thirty-five port shall include the findings of the study (SS) Section 14313(b). years of age’’ and inserting ‘‘forty-two years and such recommendations for legislative or (TT) Section 14501(a). of age’’. administrative action regarding the Reserve (UU) Section 14512(b). SEC. 1505. REPEAL OF PROHIBITION ON PRIOR Dental Insurance program as the Secretary (VV) Section 14705(a). SERVICE ENLISTMENT BONUS FOR considers appropriate in light of the study. (WW) Section 16201(d)(1)(B)(ii). RECEIPT OF OTHER ENLISTMENT OR (d) RESERVE DENTAL INSURANCE PROGRAM (2) CAPTION AMENDMENTS.—Such title is REENLISTMENT BONUS FOR SERV- DEFINED.—In this section, the term ‘‘Reserve further amended by striking ‘‘NAVAL RE- ICE IN THE SELECTED RESERVE. Dental Insurance program’’ includes— Section 308i(a)(2) of title 37, United States SERVE’’ each place it appears in a provision (1) the dental insurance plan required as follows and inserting ‘‘NAVY RESERVE’’: Code, is amended by striking subparagraph under paragraph (1) of section 1076a(a) of (D). (A) Section 971(a). title 10, United States Code; and (B) Section 5143(a). SEC. 1506. INCREASE AND ENHANCEMENT OF AF- (2) any dental insurance plan established (3) SECTION HEADING AMENDMENTS.—(A) The FILIATION BONUS FOR OFFICERS OF under paragraph (2) or (4) of section 1076a(a) THE SELECTED RESERVE. heading of section 5143 of such title is of title 10, United States Code. (a) REPEAL OF PROHIBITION ON ELIGIBILITY amended to read as follows: FOR PRIOR RESERVE SERVICE.—Subsection SA 1438. Mr. MCCAIN submitted an ‘‘§ 5143. Office of Navy Reserve: appointment (a)(2) of section 308j of title 37, United States amendment intended to be proposed by of Chief’’. Code, is amended— (1) in subparagraph (A), by adding ‘‘and’’ at him to the bill S. 1042, to authorize ap- (B) The heading of section 6327 of such title the end; propriations for fiscal year 2006 for is amended to read as follows: (2) by striking subparagraph (B); and military activities of the Department ‘‘§ 6327. Officers and enlisted members of the (3) by redesignating subparagraph (C) as of Defense, for military construction, Navy Reserve and Marine Corps Reserve: subparagraph (B). and for defense activities of the De- 30 years; 20 years; retired pay’’. (b) INCREASE IN MAXIMUM AMOUNT.—Sub- partment of Energy, to prescribe per- (C) The heading of section 6389 of such title section (d) of such section is amended by sonnel strengths for such fiscal year striking ‘‘$6,000’’ and inserting ‘‘$10,000’’. is amended to read as follows: for the Armed Forces, and for other SEC. 1507. ENHANCEMENT OF EDUCATIONAL ‘‘§ 6389. Navy Reserve and Marine Corps Re- LOAN REPAYMENT AUTHORITIES. purposes; which was ordered to lie on the table; as follows: serve; officers: elimination from active sta- (a) ADDITIONAL LOANS ELIGIBLE FOR REPAY- tus; computation of total commissioned MENT.—Paragraph (1) of section 2171(a) of At the end of subtitle A of title IX, add the service’’. title 10, United States Code, is amended— following: (1) in subparagraph (B), by striking ‘‘or’’ at SEC. 903. REDESIGNATION OF THE NAVAL RE- (D) The heading of section 7225 of such title the end; SERVE AS THE NAVY RESERVE. is amended to read as follows: (2) in subparagraph (C), by striking the pe- (a) REDESIGNATION OF RESERVE COMPO- ‘‘§ 7225. Navy Reserve flag’’. riod at the end and inserting ‘‘; or’’; and NENT.—The reserve component of the Armed (3) by inserting after subparagraph (C) the Forces known as the Naval Reserve is redes- (E) The heading of section 7226 of such title following new subparagraph: ignated as the Navy Reserve. is amended to read as follows: ‘‘(D) any loan incurred for educational pur- (b) CONFORMING AMENDMENTS TO TITLE 10, ‘‘§ 7226. Navy Reserve yacht pennant’’. poses made by a lender that is— UNITED STATES CODE.— ‘‘(i) an agency or instrumentality of a (1) TEXT AMENDMENTS.—Title 10, United (F) The heading of section 10108 of such State; States Code, is amended by striking ‘‘Naval title is amended to read as follows: ‘‘(ii) a financial or credit institution (in- Reserve’’ each place it appears in a provision ‘‘§ 10108. Navy Reserve: administration’’. cluding an insurance company) that is sub- as follows and inserting ‘‘Navy Reserve’’: ject to examination and supervision by an (A) Section 513(a). (G) The heading of section 10172 of such agency of the United States or any State; (B) Section 516. title is amended to read as follows: (C) Section 526(b)(2)(C)(i). ‘‘(iii) a pension fund approved by the Sec- ‘‘§ 10172. Navy Reserve Force’’. retary for purposes of this section; or (D) Section 971(a). ‘‘(iv) a non-profit private entity designated (E) Section 5001(a)(1). (H) The heading of section 10303 of such by a State, regulated by such State, and ap- (F) Section 5143. title is amended to read as follows: proved by the Secretary for purposes of this (G) Section 5596(c). ‘‘§ 10303. Navy Reserve Policy Board’’. section.’’. (H) Section 6323(f). (b) ELIGIBILITY OF OFFICERS.—Paragraph (I) Section 6327. (I) The heading of section 12010 of such (2) of such section is amended by striking (J) Section 6330(b). title is amended to read as follows:

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.039 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8763 ‘‘§ 12010. Computations for Navy Reserve and (D) Section 301c(d). ized to meet during the session of the Marine Corps Reserve: rule when fraction (E) Section 319(a). Senate on Friday, July 22, 2005, at 10 occurs in final result’’. (F) Section 905. a.m. to hold a hearing on Nominations. (2) CAPTION AMENDMENT.—Section 301c(d) of (J) The heading of section 14306 of such The PRESIDING OFFICER. Without such title is further amended by striking title is amended to read as follows: objection, it is so ordered. ‘‘NAVAL RESERVE’’ and inserting ‘‘NAVY RE- ‘‘§ 14306. Establishment of promotion zones: SERVE’’. f Navy Reserve and Marine Corps Reserve (e) CONFORMING AMENDMENTS TO TITLE 38, EXECUTIVE SESSION running mate system’’. UNITED STATES CODE.—Title 38, United (4) TABLES OF CONTENTS AMENDMENTS.—(A) States Code, is amended by striking ‘‘Naval The table of sections at the beginning of Reserve’’ each place it appears in a provision EXECUTIVE CALENDAR as follows and inserting ‘‘Navy Reserve’’: chapter 513 of such title is amended by strik- Mr. WARNER. Mr. President, I ask ing the item relating to section 5143 and in- (1) Section 101(27)(B). serting the following new item: (2) Section 3002(6)(C). unanimous consent that the Senate im- (3) Section 3202(1)(C)(iii). ‘‘5143. Office of Navy Reserve: appointment mediately proceed to executive session (4) Section 3452(a)(3)(C). of Chief.’’. to consider the following nominations (f) CONFORMING AMENDMENTS TO OTHER (B) The table of sections at the beginning on today’s executive calendar: Cal- CODIFIED TITLES.— of chapter 571 of such title is amended by endar Nos. 185, 186, 187, 214, 215, 216, 217, (1) TITLE 5, UNITED STATES CODE.—Section striking the item relating to section 6327 and 218, 223, 224, 225, and all nominations on 2108(1)(B) of title 5, United States Code, is inserting the following new item: amended by striking ‘‘Naval Reserve’’ and the Secretary’s desk. ‘‘6327. Officers and enlisted members of the inserting ‘‘Navy Reserve’’. I further ask unanimous consent that Navy Reserve and Marine Corps (2) TITLE 18, UNITED STATES CODE.—Section the nominations be confirmed, the mo- Reserve: 30 years; 20 years; re- 2387(b) of title 18, United States Code, is tions to reconsider be laid upon the tired pay.’’. amended by striking ‘‘Naval Reserve’’ and table, the President be immediately (C) The table of sections at the beginning inserting ‘‘Navy Reserve’’. notified of the Senate’s action, and fi- of chapter 573 of such title is amended by (3) TITLE 46, UNITED STATES CODE.—(A) nally that the Senate then return to striking the item relating to section 6389 and Title 46, United States Code, is amended by inserting the following new item: legislative session. striking ‘‘Naval Reserve’’ each place it ap- The PRESIDING OFFICER. Without ‘‘6389. Navy Reserve and Marine Corps Re- pears in a provision as follows and inserting serve; officers: elimination ‘‘Navy Reserve’’: objection, it is so ordered. from active status; computa- (i) Section 8103(g). The nominations considered and con- tion of total commissioned (ii) Section 8302(g). firmed are as follows: service.’’. (B) The heading of section 8103 of such title DEPARTMENT OF COMMERCE (D) The table of sections at the beginning is amended to read as follows: David A. Sampson, of Texas, to be Deputy of chapter 631 of such title is amended by ‘‘§ 8103. Citizenship and Navy Reserve re- Secretary of Commerce. striking the items relating to sections 7225 quirements’’. John J. Sullivan, of Maryland, to be Gen- and 7226 and inserting the following new eral Counsel of the Department of Com- items: (C) The table of sections at the beginning merce. ‘‘7225. Navy Reserve flag. of chapter 81 of such title is amended by William Alan Jeffrey, of Virginia, to be Di- ‘‘7226. Navy Reserve yacht pennant.’’. striking the item relating to section 8103 and rector of the National Institute of Standards (E) The table of sections at the beginning inserting the following new item: and Technology. of chapter 1003 of such title is amended by ‘‘8103. Citizenship and Navy Reserve require- DEPARTMENT OF HEALTH AND HUMAN SERVICES striking the item relating to section 10108 ments.’’. Suzanne C. DeFrancis, of Maryland, to be and inserting the following new item: (g) CONFORMING AMENDMENTS TO OTHER an Assistant Secretary of Health and Human ‘‘10108. Navy Reserve: administration.’’. LAWS.— Services. (F) The table of sections at the beginning (1) Section 2301(4)(C) of the Elementary and Alex Azar II, of Maryland, to be Deputy of chapter 1006 of such title is amended by Secondary Education Act of 1965 (20 U.S.C. Secretary of Health and Human Services. striking the item relating to section 10172 6671(4)(C)) is amended by striking ‘‘Naval Re- Charles E. Johnson, of Utah, to be an As- and inserting the following new item: serve’’ and inserting ‘‘Navy Reserve’’. sistant Secretary of Health and Human Serv- (2)(A) The Merchant Marine Act, 1936 is ices. ‘‘10172. Navy Reserve Force.’’. amended by striking ‘‘Naval Reserve’’ each NATIONAL SCIENCE FOUNDATION (G) The table of sections at the beginning place it appears in a provision as follows and Kathie L. Olsen, of Oregon, to be Deputy of chapter 1009 of such title is amended by inserting ‘‘Navy Reserve’’: striking the item relating to section 10303 Director of the National Science Foundation. (i) Section 301(b) (46 U.S.C. App. 1131(b)). DEPARTMENT OF THE INTERIOR and inserting the following new item: (ii) Section 1303 (46 U.S.C. App. 1295b). Mark A. Limbaugh, of Idaho, to be an As- ‘‘10303. Navy Reserve Policy Board.’’. (iii) Section 1304 (46 U.S.C. App. 1295c). sistant Secretary of the Interior. (H) The table of sections at the beginning (B) Such Act is further amended by strik- of chapter 1201 of such title is amended by ing ‘‘NAVAL RESERVE’’ each place it appears FEDERAL MARITIME COMMISSION striking the item relating to section 12010 in a provision as follows and inserting ‘‘NAVY Rebecca F. Dye, of North Carolina, to be a and inserting the following new item: RESERVE’’: Federal Maritime Commissioner for a term ‘‘12010. Computations for Navy Reserve and (i) Section 1303(c). expiring June 30, 2010. (Reappointment) Marine Corps Reserve: rule (ii) 1304(h). DEPARTMENT OF HOMELAND SECURITY when fraction occurs in final (3)(A) Section 6(a)(1) of the Military Selec- Edmund S. Hawley, of California, to be an result.’’. tive Service Act (50 U.S.C. App. 456(a)(1)) is Assistant Secretary of Homeland Security. (I) The table of sections at the beginning of amended by striking ‘‘United States Naval GENERAL SERVICES ADMINISTRATION chapter 1405 of such title is amended by Reserves’’ and inserting ‘‘members of the Brian David Miller, of Virginia, to be In- striking the item relating to section 14306 United States Navy Reserve’’. spector General, General Services Adminis- and inserting the following new item: (B) Section 16(i) of such Act (50 U.S.C. App. tration. 466(i)) is amended by striking ‘‘Naval Re- ‘‘14306. Establishment of promotion zones: NOMINATIONS PLACED ON THE SECRETARY’S serve’’ and inserting ‘‘Navy Reserve’’. Navy Reserve and Marine Corps DESK Reserve running mate sys- (h) OTHER REFERENCES.—Any reference in IN THE COAST GUARD tem.’’. any law, regulation, document, record, or PN706 COAST GUARD nomination of Me- (c) CONFORMING AMENDMENT TO TITLE 14, other paper of the United States to the lissa Diaz, which was received by the Senate UNITED STATES CODE.—Section 705 of title 14, Naval Reserve, other than a reference to the United States Code, is amended by striking Naval Reserve regarding the United States and appeared in the Congressional Record of ‘‘Naval Reserve’’ each place it appears and Naval Reserve Retired List, shall be consid- July 12, 2005. PN707 COAST GUARD nomination of inserting ‘‘Navy Reserve’’. ered to be a reference to the Navy Reserve. Royce W. James, which was received by the (d) CONFORMING AMENDMENTS TO TITLE 37, f Senate and appeared in the Congressional UNITED STATES CODE.— Record of July 12, 2005. (1) TEXT AMENDMENTS.—Title 37, United AUTHORITY FOR COMMITTEES TO States Code, is amended by striking ‘‘Naval MEET f Reserve’’ each place it appears in a provision COMMITTEE ON FOREIGN RELATIONS LEGISLATIVE SESSION as follows and inserting ‘‘Navy Reserve’’: (A) Section 101(24)(C). Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. The Sen- (B) Section 201(d). unanimous consent that the Com- ate will now return to legislative ses- (C) Section 205(a)(2)(I). mittee on Foreign Relations be author- sion.

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JY6.040 S22JYPT1 S8764 CONGRESSIONAL RECORD — SENATE July 22, 2005 HONORING THE LIFE AND LEGACY of Constantino Brumidi, artist and patriot, occur at approximately 5:30 p.m. on OF CONSTANTINO BRUMIDI and recognizes his many contributions to the Monday. It is my expectation that we world of art as well as the legacy of the Mr. WARNER. Mr. President, I ask will be voting in relation to one or United States as reflected in the building more amendments to the Defense au- unanimous consent that the Senate that houses Congress, the United States Cap- now proceed to the consideration of S. itol Building. thorization bill following the vote on the ADA resolution, so Senators should Res. 205, which was submitted earlier f today. be prepared for stacked votes beginning The PRESIDING OFFICER. The UNANIMOUS CONSENT AGREE- at 5:30 on Monday. clerk will report the resolution by MENT—COMMEMORATING ENACT- I suggest the absence of a quorum. title. MENT OF AMERICANS WITH DIS- The PRESIDING OFFICER. The The legislative clerk read as follows: ABILITIES ACT clerk will call the roll. A resolution (S. Res. 205) honoring the life Mr. WARNER. Mr. President, I ask The assistant legislative clerk pro- and legacy of Constantino Brumidi and rec- unanimous consent that at 1 p.m. on ceeded to call the roll. ognizing his contributions to the United Monday, July 25, the Senate proceed to Mr. WARNER. Mr. President, I ask States on the 200th anniversary of his birth. the immediate consideration of a reso- unanimous consent that the order for There being no objection, the Senate lution commemorating the 15th anni- the quorum call be rescinded. proceeded to consider the resolution. versary of the Americans with Disabil- The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I ask ities Act, the text of which is at the objection, it is so ordered. unanimous consent that the resolution desk. I further ask that there be no f be agreed to, the preamble be agreed amendments in order to the preamble NATIONAL DEFENSE AUTHORIZA- to, and the motion to reconsider be laid or resolution, and that there be 1 hour TION ACT FOR FISCAL YEAR upon the table. of debate as follows: 30 minutes at 1 2006—Continued The PRESIDING OFFICER. Without p.m. on Monday and 30 minutes at 5 AMENDMENT NO. 1342, AS MODIFIED objection, it is so ordered. p.m. on Monday, all equally divided be- The resolution (S. Res. 205) was tween the majority leader or his des- Mr. WARNER. Mr. President, I ask unanimous consent that following the agreed to. ignee and Senator HARKIN or his des- The preamble was agreed to. ignee. I further ask unanimous consent two stacked votes on Tuesday, the Sen- The resolution, with its preamble, that upon the use or yielding back of ate proceed immediately to a vote in reads as follows: time, the Senate proceed to a vote on relation to Frist amendment No. 1342, S. RES. 205 the resolution, at the conclusion of as now modified, with the changes that Whereas Constantino Brumidi was born in which the preamble be agreed to and are at the desk; provided further that Rome, Italy, on July 26, 1805, to an Italian the motion to reconsider be laid upon no second degrees be in order to the mother and a Greek father who inspired his the table, all without intervening ac- above amendment prior to the vote and lifelong love of liberty and freedom of ex- tion or debate. notwithstanding the provisions of rule pression; XXII. Whereas Constantino Brumidi emigrated The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without to the United States from Rome in 1852 and objection, it is so ordered. became a naturalized citizen in 1857; f The amendment (No. 1342), as modi- Whereas Constantino Brumidi established a reputation for excellence in his craft that ORDERS FOR MONDAY, JULY 25, fied, is as follows: led to him being known as the ‘‘Michelangelo 2005 At the end of subtitle G of title X, insert of the Capitol’’; Mr. WARNER. Mr. President, I ask the following: Whereas Constantino Brumidi represents unanimous consent that when the Sen- SEC. 1073. SUPPORT FOR YOUTH ORGANIZA- the many immigrant artists and craftsmen TIONS. who have contributed over the years to the ate completes its business today, it (a) SHORT TITLE.—This Act may be cited as design and decoration of the United States stand in adjournment until 1 p.m. on the ‘‘Support Our Scouts Act of 2005’’. Capitol; Monday, July 25. I further ask that fol- (b) SUPPORT FOR YOUTH ORGANIZATIONS.— Whereas Constantino Brumidi painted mu- lowing the prayer and pledge, the (1) DEFINITIONS.—In this subsection— rals and other outstanding artworks in the morning hour be deemed expired, the (A) the term ‘‘Federal agency’’ means each United States Capitol over the last third of Journal of proceedings be approved to department, agency, instrumentality, or his life, between 1855 and 1880, including the date, the time for the two leaders be other entity of the United States Govern- first fresco painted in the United States, in reserved, and the Senate then proceed ment; and what is today the House Appropriations (B) the term ‘‘youth organization’’— Committee Room, the famous ‘‘Brumidi Cor- to the immediate consideration of the (i) means any organization that is des- ridor’’ on the Senate side of the Capitol, and Senate resolution commemorating the ignated by the President as an organization the paintings in the President’s Room (S– enactment of the Americans with Dis- that is primarily intended to— 216); abilities Act, as under the previous (I) serve individuals under the age of 21 Whereas Constantino Brumidi painted order. I further ask unanimous consent years; ‘‘The Apotheosis of George Washington’’ and that upon the use or yielding back of (II) provide training in citizenship, leader- began the frieze of American history on the the first 30 minutes of debate on the ship, physical fitness, service to community, interior of the dome above the Rotunda at ADA resolution, the Senate resume and teamwork; and the center of the United States Capitol, but (III) promote the development of character died while working on sketches for the consideration of S. 1042, the Defense and ethical and moral values; and frieze; authorization bill; provided further, (ii) shall include— Whereas Constantino Brumidi succeeded in that Senators on Monday have until 2 (I) the Boy Scouts of America; his effort to encourage the use of the Capitol p.m. in order to file timely first-degree (II) the Girl Scouts of the United States of as a living testament to the past, present, amendments to the Defense bill. America; and glorious future of the United States of The PRESIDING OFFICER. Without (III) the Boys Clubs of America; America with his artwork, especially with objection, it is so ordered. (IV) the Girls Clubs of America; his murals; and (V) the Young Men’s Christian Association; Whereas Constantino Brumidi’s celebra- f (VI) the Young Women’s Christian Associa- tion of the liberty he found in America can PROGRAM tion; be seen in his signature on his painting that (VII) the Civil Air Patrol; he was an Artist Citizen of the United States Mr. WARNER. Mr. President, on (VIII) the United States Olympic Com- and in his statement on being hired for his Monday, the Senate will consider a res- mittee; first Capitol commission that, ‘‘I no longer olution marking the anniversary of the (IX) the Special Olympics; have any desire for fame or fortune. My one Americans with Disabilities Act, and a (X) Campfire USA; ambition and my daily prayer is that I may vote on the resolution has been ordered (XI) the Young Marines; live long enough to make beautiful the Cap- (XII) the Naval Sea Cadets Corps; itol of the one country on earth in which for 5:30 p.m. At approximately 1:30 p.m. (XIII) 4-H Clubs; there is liberty.’’: Now, therefore, be it on Monday, the Senate will resume (XIV) the Police Athletic League; Resolved, That the Senate, on behalf of the consideration of the Defense authoriza- (XV) Big Brothers—Big Sisters of America; American people, honors the life and legacy tion bill. Again, our next vote will and

VerDate Aug 04 2004 02:40 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JY6.046 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — SENATE S8765 (XVI) National Guard Youth Challenge. leadership required for defending our na- NOMINATIONS (2) IN GENERAL.— tional security and preparing for combat. (A) SUPPORT FOR YOUTH ORGANIZATIONS.— (F) For example, Boy Scouts of America’s Executive nominations received by (i) SUPPORT.—No Federal law (including National Scout Jamboree is a unique train- the Senate July 22, 2005: any rule, regulation, directive, instruction, ing event for the Armed Forces, as it re- or order) shall be construed to limit any Fed- quires the construction, maintenance, and SECURITIES AND EXCHANGE COMMISSION eral agency from providing any form of sup- disassembly of a ‘‘tent city’’ capable of sup- ROEL C. CAMPOS, OF TEXAS, TO BE A MEMBER OF THE port for a youth organization (including the porting tens of thousands of people for a SECURITIES AND EXCHANGE COMMISSION FOR A TERM EXPIRING JUNE 5, 2010. (REAPPOINTMENT) Boy Scouts of America or any group offi- week or longer. Camporees at the United ANNETTE L. NAZARETH, OF THE DISTRICT OF COLUM- cially affiliated with the Boy Scouts of States Military Academy for Girl Scouts and BIA, TO BE A MEMBER OF THE SECURITIES AND EX- America) that would result in that Federal Boy Scouts provide similar training opportu- CHANGE COMMISSION FOR THE REMAINDER OF THE TERM EXPIRING JUNE 5, 2007, VICE WILLIAM H. DONALD- agency providing less support to that youth nities on a smaller scale. SON. organization (or any similar organization (2) SUPPORT.—Section 2554 of title 10, chartered under the chapter of title 36, United States Code, is amended by adding at FEDERAL DEPOSIT INSURANCE CORPORATION United States Code, relating to that youth the end the following: MARTIN J. GRUENBERG, OF MARYLAND, TO BE VICE organization) than was provided during the ‘‘(i)(1) The Secretary of Defense shall pro- CHAIRPERSON OF THE BOARD OF DIRECTORS OF THE vide at least the same level of support under FEDERAL DEPOSIT INSURANCE CORPORATION, VICE preceding fiscal year. This clause shall be JOHN M. REICH. subject to the availability of appropriations. this section for a national or world Boy MARTIN J. GRUENBERG, OF MARYLAND, TO BE A MEM- (ii) YOUTH ORGANIZATIONS THAT CEASE TO Scout Jamboree as was provided under this BER OF THE BOARD OF DIRECTORS OF THE FEDERAL DE- POSIT INSURANCE CORPORATION FOR THE REMAINDER EXIST.—Clause (i) shall not apply to any section for the preceding national or world Boy Scout Jamboree. OF THE TERM EXPIRING DECEMBER 27, 2006, VICE JOHN M. youth organization that ceases to exist. REICH. ‘‘(2) The Secretary of Defense may waive (iii) WAIVERS.—The head of a Federal agen- paragraph (1), if the Secretary— cy may waive the application of clause (i) to ‘‘(A) determines that providing the support f any youth organization with respect to each subject to paragraph (1) would be detri- conviction or investigation described under mental to the national security of the subclause (I) or (II) for a period of not more CONFIRMATIONS United States; and than 2 fiscal years if— ‘‘(B) reports such a determination to the (I) any senior officer (including any mem- Executive Nominations Confirmed by Congress in a timely manner, and before ber of the board of directors) of the youth or- the Senate Friday, July 22, 2005: such support is not provided.’’. ganization is convictedof a criminal offense (d) EQUAL ACCESS FOR YOUTH ORGANIZA- DEPARTMENT OF COMMERCE relating to the official duties of that officer TIONS.—Section 109 of the Housing and Com- DAVID A. SAMPSON, OF TEXAS, TO BE DEPUTY SEC- or the youth organization is convicted of a munity Development Act of 1974 (42 U.S.C. RETARY OF COMMERCE. criminal offense; or 5309) is amended— JOHN J. SULLIVAN, OF MARYLAND, TO BE GENERAL (II) the youth organization is the subject of COUNSEL OF THE DEPARTMENT OF COMMERCE. (1) in the first sentence of subsection (b) by WILLIAM ALAN JEFFREY, OF VIRGINIA, TO BE DIREC- a criminal investigation relating to fraudu- inserting ‘‘or (e)’’ after ‘‘subsection (a)’’; and TOR OF THE NATIONAL INSTITUTE OF STANDARDS AND lent use or waste of Federal funds. (2) by adding at the end the following: TECHNOLOGY. (B) TYPES OF SUPPORT.—Support described ‘‘(e) EQUAL ACCESS.— NATIONAL SCIENCE FOUNDATION under this paragraph shall include— ‘‘(1) DEFINITION.—In this subsection, the (i) holding meetings, camping events, or term ‘youth organization’ means any organi- KATHIE L. OLSEN, OF OREGON, TO BE DEPUTY DIREC- other activities on Federal property; zation described under part B of subtitle II of TOR OF THE NATIONAL SCIENCE FOUNDATION. (ii) hosting any official event of such orga- title 36, United States Code, that is intended DEPARTMENT OF THE INTERIOR nization; to serve individuals under the age of 21 MARK A. LIMBAUGH, OF IDAHO, TO BE AN ASSISTANT (iii) loaning equipment; and years. SECRETARY OF THE INTERIOR. (iv) providing personnel services and ‘‘(2) IN GENERAL.—No State or unit of gen- logistical support. eral local government that has a designated FEDERAL MARITIME COMMISSION (c) SUPPORT FOR SCOUT JAMBOREES.— open forum, limited public forum, or non- REBECCA F. DYE, OF NORTH CAROLINA, TO BE A FED- (1) FINDINGS.—Congress makes the fol- public forum and that is a recipient of assist- ERAL MARITIME COMMISSIONER FOR A TERM EXPIRING lowing findings: ance under this chapter shall deny equal ac- JUNE 30, 2010. (A) Section 8 of article I of the Constitu- cess or a fair opportunity to meet to, or dis- DEPARTMENT OF HOMELAND SECURITY criminate against, any youth organization, tion of the United States commits exclu- EDMUND S. HAWLEY, OF CALIFORNIA, TO BE AN AS- sively to Congress the powers to raise and including the Boy Scouts of America or any SISTANT SECRETARY OF HOMELAND SECURITY. support armies, provide and maintain a group officially affiliated with the Boy Navy, and make rules for the government Scouts of America, that wishes to conduct a GENERAL SERVICES ADMINISTRATION and regulation of the land and naval forces. meeting or otherwise participate in that des- BRIAN DAVID MILLER, OF VIRGINIA, TO BE INSPECTOR (B) Under those powers conferred by sec- ignated open forum, limited public forum, or GENERAL, GENERAL SERVICES ADMINISTRATION. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO tion 8 of article I of the Constitution of the nonpublic forum.’’. THE NOMINEE’S COMMITMENT TO RESPOND TO RE- United States to provide, support, and main- f QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY tain the Armed Forces, it lies within the dis- CONSTITUTED COMMITTEE OF THE SENATE. ADJOURNMENT UNTIL 1 P.M., cretion of Congress to provide opportunities DEPARTMENT OF HEALTH AND HUMAN SERVICES to train the Armed Forces. MONDAY, JULY 25, 2005 SUZANNE C. DEFRANCIS, OF MARYLAND, TO BE AN AS- (C) The primary purpose of the Armed Mr. WARNER. Mr. President, if there SISTANT SECRETARY OF HEALTH AND HUMAN SERV- Forces is to defend our national security and is no further business to come before ICES. prepare for combat should the need arise. ALEX AZAR II, OF MARYLAND, TO BE DEPUTY SEC- the Senate, I ask that the Senate stand RETARY OF HEALTH AND HUMAN SERVICES. (D) One of the most critical elements in de- in adjournment under the previous CHARLES E. JOHNSON, OF UTAH, TO BE AN ASSISTANT fending the Nation and preparing for combat SECRETARY OF HEALTH AND HUMAN SERVICES. is training in conditions that simulate the order, and I thank the Presiding Officer IN THE COAST GUARD preparation, logistics, and leadership re- for his courtesy. quired for defense and combat. There being no objection, the Senate, COAST GUARD NOMINATION OF MELISSA DIAZ TO BE LIEUTENANT. (E) Support for youth organization events at 2:10 p.m., adjourned until Monday, COAST GUARD NOMINATION OF ROYCE W. JAMES TO BE simulates the preparation, logistics, and July 25, 2005, at 1 p.m. LIEUTENANT.

VerDate Aug 04 2004 04:28 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 9801 E:\CR\FM\A22JY6.021 S22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1575 EXTENSIONS OF REMARKS

ISRAELI AMBASSADOR’S OP-ED an ominous shadow on the possibility of fu- Palestinian leadership. Will that leadership WARNING PALESTINIANS TO ture progress. prove itself capable of governing a func- CONTROL TERRORISM The sharp increase in Palestinian terrorist tioning democratic society, free from ter- attacks, particularly in the past week, un- rorism and focused on improving the lives of derscores the precariousness of the situation. its citizens, or will it squander yet another HON. TOM LANTOS While Israel is committed to completing the opportunity? After leaving Gaza, Israel will OF CALIFORNIA disengagement as planned, we will not sit no longer provide an easy excuse for Pales- idly by while our civilians are under attack. IN THE HOUSE OF REPRESENTATIVES tinian failure. Time is running out for the Palestinian lead- The rock-solid, principled and bipartisan Friday, July 22, 2005 ership to confront the terrorists. Should it support for Israel in the United States has Mr. LANTOS. Mr. Speaker, I rise today to fail to do so, Israel will be forced to take the been vital to our ability to overcome ter- necessary steps to defend its people. Lest the rorism and prepare the ground for a political call attention to a particularly important and in- Palestinians miss another historic oppor- initiative. The notion of disengagement sightful op-ed written by Israeli Ambassador tunity, the world should insist that they would have been unthinkable had Israel not Daniel Ayalon in yesterday’s Washington Post. crack down on terrorism now. prevailed in the latest round of sustained Ambassador Ayalon gives a forthright analysis After numerous failed attempts by Israelis terrorism waged by the Palestinians since of the precarious position that Israel finds itself and Palestinians to reach peaceful accommo- September 2000. in as it prepares courageously to implement dation over the past 15 years, Sharon decided The stakes for Israel are enormous. We are Gaza disengagement. to embark on a different course. Disengage- a strong but small country facing a largely Israel’s bold decision to hand Gaza over to ment is an immense political, strategic and hostile region roughly 500 times our size. We indeed historical undertaking, aimed at re- can ill afford to make mistakes. Iran’s nu- the Palestinians—risking its national unity for ducing friction between Israelis and Pal- clear weapons program is imminent, posing the sake of advancing prospects for resolving estinians, jump-starting the peace process an existential threat. Syria and Iran pro- the Israeli-Palestinian conflict—clearly dem- and providing the Palestinians with a unique mote and support Palestinian terrorist onstrates its profound devotion to peace-mak- opportunity to build institutions of respon- groups sworn to our destruction. Hezbollah ing. Nevertheless, Palestinian terrorism is on sible self-governance. has intensified terrorist attacks against the rise again. Islamic extremists from Hamas At the same time, it puts a terrible burden Israel from Lebanon, opening a second front and Palestinian Islamic Jihad, in particular, on thousands of Israelis called on to leave aimed at derailing any progress. Despite their homes against their will. Many have continue to attack Israeli civilians with Qassam these challenges, Israel has shown it is pre- lived there for more than three generations. pared to take difficult steps to achieve Presi- rockets, mortars, suicide bombings, and drive- Specially trained, unarmed units will move dent Bush’s vision for peace in the Middle by shootings. The reason is clear. The terror- from house to house as part of a massive East. The world should insist on no less from ists want people to believe that Israel is with- logistical operation involving some 50,000 se- the Palestinians. curity personnel, accompanied by teams of drawing out of fear, not generosity or commit- f ment to peace. social workers and psychologists. Living, Ambassador Ayalon rightly warns Pales- breathing communities, some more than 30 THE AFRICAN GROWTH AND tinian Authority President Mahmoud Abbas years old, will simply vanish. Businesses, OPPORTUNITY ACT FORUM factories and farms will be shut down. that he must bring the terrorism to a halt; oth- Schools, synagogues and cemeteries will be erwise, he will waste the Palestinians’ best op- relocated. The removal of graves, including HON. CHARLES B. RANGEL portunity ever to demonstrate that they are those of terrorism victims, will be especially OF NEW YORK ‘‘capable of governing a functioning demo- heart-wrenching. IN THE HOUSE OF REPRESENTATIVES cratic society, free from terrorism and focused The trauma of disengagement has un- Friday, July 22, 2005 on improving the lives of its citizens.’’ Mr. leashed dangerous rifts in Israeli society. Speaker, I want to underscore my complete While the withdrawal is supported by most Mr. RANGEL. Mr. Speaker, I rise today to agreement with this judgment. Ambassador of the public, many Israelis deeply oppose it bring to the attention of my colleagues and on moral, religious and security grounds. this country an important announcement by Ayalon is exactly right in saying that ‘‘Gaza is Sharon has demonstrated steadfast leader- both the opportunity and the test for the Pales- ship in the face of an unprecedented political the Bush Administration. This week, the Ad- tinian leadership.’’ backlash from his traditional supporters. ministration took to two important steps in de- With much of Israeli society in anguish over Given the intense political opposition and veloping a strong trade and investment part- the disengagement, no one can dispute that growing civil disobedience, the prospect of nership between the United States and sub- the Israeli government is doing more than its violent resistance cannot be ruled out. Re- Saharan Africa. part for the sake of peace. Now it is time for gardless of the outcome, the repercussions of On Monday, President Bush announced the the Palestinian government to respond in kind; disengagement will be felt in Israel for African Global Competitiveness Initiative, years. At stake is not only the success of dis- which continue and increase funding for trade if it equivocates, the terrorists will win. engagement but also the very fabric of Mr. Speaker, I ask that the entire text of the Israeli society. capacity building efforts currently funded under Ambassador’s soberingly perceptive op-ed be Adding fuel to the fire, public anxiety in the Trade for African Development and Enter- placed in the RECORD. Israel has increased because of the resur- prise Program. Under these new changes, the gence of Palestinian terrorism, including U.S. Agency for International Development’s IN GAZA, A TEST CASE FOR PEACE suicide bombings, drive-by shootings and Regional Trade Hubs would be expanded from (By Ambassador Daniel Ayalon) rocket attacks. Rather than confront the three to four in order to create greater oppor- Next month thousands of Israelis will be terrorist organizations and disarm them, tunities and mechanisms for trading in Africa. uprooted from their homes in 25 settlements, Palestinian President Mahmoud Abbas has The Hubs are currently located in Accra, against the backdrop of widespread political invited Hamas into his government, thereby opposition and intensifying Palestinian ter- providing a terrorist organization with an of- Ghana; Gaborone, Botswana; Nairobi, Kenya. rorism. Israel faces difficult days ahead. ficial seal of approval. The result has been an These hubs are important in identifying, pro- Prime Minister Ariel Sharon is boldly de- emboldened Hamas, a further weakening of moting, and developing trading alliances that termined to move forward with disengage- the Palestinian Authority and a potentially benefit the people of Africa and the U.S. ment from Gaza and the northern West Bank disastrous perception that disengagement is On Wednesday, during her visit to Dakar, out of a deep conviction that it is critical to a victory for terrorism rather than an oppor- Senegal, the Honorable Secretary of State Israel’s future. Unfortunately, the Pales- tunity for peace. Condoleezza Rice announced the creation of tinian leadership has failed to meet him Abbas must seize the moment and lead the halfway. The Palestinian Authority’s refusal Palestinians toward peace. The terrorist or- the African Growth and Opportunity Act to disarm terrorist organizations has enabled ganizations must be disarmed as called for in (AGOA) Diversification Fund. The fund will the terrorists to regroup and renew deadly the ‘‘road map’’ if Palestinian statehood is provide resources to help African countries di- attacks against Israelis, compounding the to be achieved. This is non-negotiable. Gaza versify their economies, including the develop- difficulties of this engagement and casting is both the opportunity and the test for the ment of transportation systems in African

∑ 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 04 2004 04:41 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K22JY8.001 E22JYPT1 E1576 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 2005 countries. It would provide important opportu- Improve the climate for private invest- The Secretary of State’s participation in nities to assist in Africa’s development of new ment in Africa; the AGOA Forum reflects the importance and emerging markets and technologies and Expand AGOA trade and intra-African President Bush gives to the African Growth trade; and Opportunities Act, and highlights his vi- aid in their economic progress Strengthen the emphasis on information These initiatives are useful steps forward. I sion of Africa as a continent of promise and and communications technology in facili- progress. look forward to working with the Administration tating investment and trade-related efforts Also attending the Dakar Ministerial are to ensure that these programs are fully funded in Africa; Agriculture Secretary Mike Johanns, USAID and that we conduct a sustained effort to pro- Stimulate private sector development; Administrator Andrew Natsios, Millennium mote growth in Africa that reaches everyone— Encourage and promote the diversification Challenge Corporation CEO Paul Applegarth, working people, farmers, and businesses—by of exports; U.S. Global AIDS Coordinator Randall extending duty-free allowances for apparel Reduce time to market and transport costs Tobias, and officials from the U.S. Trade produed in Africa using the fabric from other by facilitating trade at borders and along Representative’s Office and the Departments transport corridors; regions, and in diversifying the range of prod- of Commerce and Energy. Strengthen the financial sector; At the Forum, members of the U.S. delega- ucts eligible for duty-free treatment under Facilitate investment in infrastructure tion met with senior government officials, AGOA. and address general barriers to competitive- private sector leaders, and civil society ac- These steps continue recent efforts of the ness; and tivist from 37 African nations and the United United States and the international community Improve the capacity of African countries States. to reach out to the people of Africa in order to to meet international quality standards and aid in their economic development. It is impor- U.S. animal and plant health inspection re- REMARKS OF SECRETARY CONDOLEEZZA RICE tant that the United States takes a role in as- quirements. AT THE AGOA FORUM sisting the African community in this regard. Improving African Competitiveness Thank you very much. I want, first of all, With the resources, knowledge, and man- Open trade and international investment to thank Foreign Minister Gadio for that ex- power of this country; we should be able to are some of the surest and fastest ways for traordinary introduction—(laughter)—very, reach more to our brothers and sisters in Afri- Africa to make economic progress. With the very kind introduction. Before I begin I want rebounding of the global economy and recov- to acknowledge something that the Foreign ca. We should continue to provide aid and as- Minister has said. I was here just about two sistance to these developing countries in the ery from several lengthy conflicts, much of Africa is poised to see more robust economic years ago in Senegal with President Bush interest of ensuring quality lives, healthy envi- growth and an improvement in living stand- and we went to Gore´e Island to the site of ronments, and real opportunities for people ards in the years ahead. the transatlantic slavery. And as we stood at who have too often been excluded from tech- AGOA is the cornerstone of the Adminis- the gate that I think one could call a gate of nological advances. We should finding ways to tration’s trade and investment policy toward no return, we all thought about the extraor- address the crippling poverty, the disturbing Sub-Saharan Africa. AGOA’s objectives in- dinary bonds of kinship, of blood, of tragedy barriers to adequate health care, and the limi- clude promoting free markets, expanding between the United States and Africa. tations and restrictions to education and U.S.-African trade and investment, stimu- In my own personal case, of course, many of my ancestors may have come through progress that predominate in the countries of lating economic growth, and facilitating re- gional integration and Sub-Saharan Africa’s that gate. And it is only in the course of the Africa. last several years that the United States has The Administration has taken two important integration into the global economy. To continue to realize the potential bene- fully begun to come to terms with that great steps in this regard in the last week. The fits of AGOA, eligible Sub-Saharan African tragedy. It has become—we managed to come 109th Congress should join with the President countries need to diversify greatly their ex- to terms through institutions of democracy and other African leaders to ensure that every- port base, develop intra-regional trade link- and inclusion. But I personally want to ac- thing is done to ensure that the progress of ages, and enhance their external competi- knowledge my gratefulness to the sons and the 21st century does not pass Africa by. tiveness. The U.S. views trade capacity daughters of Africa, without whom there I submit for the CONGRESSIONAL RECORD building and technical assistance programs quite literally would have been no United three statements from the Bush White House as essential components of its trade and in- States of America. vestment policy. (Applause.) and the State Department detailing their ef- And as President Bush said when he was at SECRETARY OF STATE RICE ANNOUNCES NEW forts and justifications for extending our assist- Gore´e Island, it was one of the great ironies AGOA FUND TO PROMOTE AFRICAN ECO- ance to the people of Africa. Let us push for- that Africans, who came in chains to Amer- NOMIC GROWTH ward in our efforts and our resolve to assist ica to build America alongside Europeans, the continent of Africa and its people. On her first trip to Africa as Secretary of would ultimately help America to find itself AFRICAN GLOBAL COMPETITIVENESS INITIATIVE State, Condoleezza Rice announced the Afri- as slavery was abolished and as less than 50– can Growth and Opportunities Act (AGOA) ‘‘I think one of the things that many Afri- years ago, segregation was finally abolished can nations have come to discover is that Diversification Fund at the U.S.-Sub-Saha- in my home state of Alabama and through- through trade, they can develop a more ran Africa Trade and Economic Cooperation out the South. We have a long heritage and hopeful society rather than through aid. . . . Forum in Dakar, Senegal, on July 20. history together, but we also have a very When you open up your market to entre- This fund will provide resources through promising future. preneurs and small businesses, it helps several U.S. Government agencies to help Af- (Applause.) spread wealth. And that’s, after all, what rican countries diversify their economies I want to thank the people of Senegal, we’re trying to achieve.’’—President George and thus take advantage of a wider range of President Wade and his (inaudible) for W. Bush, June 7, 2005. opportunities under AGOA. Among the hosting this event. I want to thank Prime projects to be funded are a feasibility study FACT SHEET Minister Sall for his efforts. Whether meas- for West Africa regional rail integration and ured by the distance on a map or by the President Bush has announced the African technical assistance for the development of a strength of a partnership between America Global Competitiveness Initiative with a new West African aviation safety and secu- five-year funding target of $200 million of ad- and Africa are closest together here in the rity agency. ditional resources. This new initiative great- city of Dakar. On July 18, 2005, President Bush announced ly expands the trade capacity building ef- I would like to welcome my fellow min- another AGOA-related program, the African forts underway with African nations through isters and many members of both African Global Competitiveness Initiative (AGCI). It the U.S. Agency for International Develop- civil society and the private sector, who will provide an additional $200 million over ment’s (USAID) Regional Trade Hubs located have crossed this great continent to be here in Accra, Ghana; Gaborone, Botswana; and the next 5 years to build the capacity of Afri- this morning. And I am pleased to join all of Nairobi, Kenya. The Initiative will further can nations to take advantage of trade op- you for the annual Forum of the African the work of the Trade Hubs in enabling Afri- portunities and increase their competitive- Growth and Opportunity Act. can economies to become better integrated ness. We gather today not two weeks after Presi- into regional and global markets and to take AGOA seeks to spur economic development dent Bush and other G–8 leaders met in advantage of trade opportunities afforded by and expedite the integration of African Gleneagles, Scotland to launch an historic the African Growth and Opportunity Act economies into the world trading system. It partnership with the nations of Africa. Our (AGOA). expands duty-free access for more than 6,400 partnership rests on the conviction that only As part of the new African Global Competi- products to U.S. markets. It also provides a the people of Africa can solve the problems tiveness Initiative, USAID will open a fourth framework for U.S. technical assistance to of Africa. But for these men and women to trade hub. The new hub will complement the build trade capacity and to expand business fulfill their dreams of democracy and secu- efforts of the USAID trade hubs in Botswana, links. In 2004, AGOA imports to the United rity and prosperity, all developed nations Ghana, and Kenya. States totaled $26.6 billion, up 88 percent have a responsibility to help. The Global Competitiveness Initiative will over 2003. The AGOA theme for this Forum is As President Bush has said, ‘‘We believe emphasize trade capacity building in the fol- ‘‘Expanding and Diversifying Trade To Pro- Africa is a continent full of promise, and tal- lowing areas: mote Growth and Competitiveness.’’ ent, and opportunity. And the United States

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A22JY8.001 E22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1577 of America will do our part to help the peo- The second initiative, which I am proud to joyous occasion on August 6, 2005 and for ple of Africa realize the brighter future they announce today, is the AGOA Diversification many more years to come. deserve.’’ Fund. Through this initiative, several U.S. With President Bush’s leadership, America agencies will support the efforts of African f has tripled our development assistance to Af- governments to diversify their economies IN HONOR OF UNITED HEALTH rica. And we will double it again by 2010. I and capitalize further on the promise of would like to recognize Andrew Natsios the CENTERS OF THE SAN JOAQUIN AGOA. One project, run by the U.S. Trade VALLEY, INC. Director of the U.S. Agency for International and Development Agency, will provide Development who is helping Africa to expand grants totaling nearly $1 million to help and transform our partnership here in the West African nations increase the safety of HON. JIM COSTA developing world. their air travel and plan a new railway to OF CALIFORNIA President Bush has launched the largest ef- better integrate the region. IN THE HOUSE OF REPRESENTATIVES fort ever by one nation to combat a single Ladies and Gentlemen: Africa is a con- disease—the $15 billion Emergency Plan for tinent of overwhelming promise. All human Friday, July 22, 2005 AIDS Relief. And joining us here today is beings possess the dignity and the capacity Mr. COSTA. Mr. Speaker, I rise today to Randall Tobias the President’s Coordinator to flourish in freedom. And AGOA is helping for Global AIDS who is helping America give the talented men and women of Africa to re- congratulate United Health Centers of the San hope to thousands of men, women and chil- alize their natural potential for prosperity. Joaquin Valley, Inc., on the opening of their dren living with this disease. The United States will always offer our new Kerman Health Center in Kerman, Cali- Just last month, President Bush strength- full support to the people of Africa as they fornia. ened America’s partnership with Africa even build thriving democracies and achieve last- further. He pledged $1.2 billion to fight ma- United Health Centers of the San Joaquin ing development. You have set these goals laria, with the ultimate goal of covering 175 Valley has been a dedicated leader in bringing for yourselves, and by yourselves. You are million people in 15 nations. He also pro- quality medical care and services to under- taking ownership of your destiny. And Amer- posed new initiatives to train half-a-million served rural residents. In the effort to com- ica is proud to be your partner. African teachers, to offer scholarships to (Applause.) plete its mission, United Health Centers has 300,000 African students, mostly girls, and to Now, it is my great honor to welcome brought to the forefront many public issues re- help several African states better protect the Prime Minister Sall to the podium. Thank lated to unattended healthcare concerns in the rights of their women citizens. Not only is America giving new money, we you very much for your time. community. are revolutionizing how much of that money f Through the numerous clinics located in the is given, together with Africans who believe heart of rural California, this organization of- in good governance, democracy, and an open TRIBUTE TO ROBERT S. (BOBBY) fers a variety of services including family med- society. REESE, JR. icine, dental, x-ray, pharmacy and laboratory. Under the leadership of Paul Applegarth, United Health Centers has also adopted a pre- who is here today, our Millennium Challenge Account Initiative is providing new develop- HON. JAMES E. CLYBURN ventative agenda and taken the initiative to im- ment grants to nations that govern justly, OF SOUTH CAROLINA plement family support programs such as pre- promote economic freedom, and invest in IN THE HOUSE OF REPRESENTATIVES natal care, nutrition, Women Infant and Chil- dren, health education, family planning and their people. So far, eight African countries Friday, July 22, 2005 have qualified to apply for grants, including immunization. Senegal, and one, Madagascar, has already Mr. CLYBURN. Mr. Speaker, on Saturday, The new Kerman facility is the latest addi- signed a development compact worth $110 August 6th we will commemorate the 60th an- tion to seven already existing health centers in million. niversary of the birth of the Atomic Age, widely Development assistance can be catalytic. Fresno and Tulare Counties. The last three But it alone, will never enable people to lift celebrated as having begun when President decades have chronicled the growth of United themselves out of poverty. Open markets Harry S Truman ordered the historic and fate- Health Centers into Huron, Earlimart, that allow individuals to realize the benefits ful mission of the Enola Gay. But, another Mendota, Kerman, Sanger, Parlier and Orange of their own hard work are essential. This is event took place on that day in and of itself Cove. The two-story Kerman operation will the purpose of the African Growth and Op- that could have triggered the onset of this his- house seven dental stations, ten examination portunity Act, or AGOA, which brings us toric period, at least in the mind of Robert S. rooms and a full-service pharmacy and lab. here to Dakar today. (Bobby) Reese, Jr., who was born on that day AGOA represents the strong bipartisan United Health Center’s employees, directors consensus behind America’s support for Afri- in Florence, South Carolina to ‘‘Big Bobby’’ and organizers have touched the lives of nu- ca’s development. And it enshrines the prin- and ‘‘Gem’’ Reese. merous economically disadvantaged individ- ciples of good governance as a condition of Bobby worked here in Washington for more uals who are so often overlooked by existing membership. Governments that advance than 30 years representing the American healthcare organizations. This dedication cere- democratic reform, protect economic liberty, Trucking Associations and the Altria Group. mony marks an opportunity to welcome im- and strengthen the rule of law are the best Many in this chamber have had the good for- provements in the availability of healthcare partners to entrepreneurial citizens. So far, tune and pleasure to have shared much of 37 sub-Saharan African countries are meet- and also provides incentive to look toward the ing these critical standards. that time with Bobby. During my tenure here, future for innovative and novel means of mak- AGOA benefits everyone. African busi- Bob has been a trusted advisor and personal ing adequate medical care accessible to all nesses create more, better-paying jobs. And friend. I, like many others in this august body, communities—specifically rural communities. American consumers receive more goods at often partnered with Bobby on the golf course, f lower prices, products like sorbet from South and often shared with him the thrill of victory. Africa, and woodcarvings from Tanzania, and Of course there were moments when Bobby PROVIDING FOR CONSIDERATION tuna from right here in Senegal. Last year and many of us experienced the agony of de- OF H.R. 3199, USA PATRIOT AND alone, non-oil imports increased 22%, and the TERRORISM PREVENTION REAU- United States imported over $26 billion in feat. But I think that all of us will agree that he total from the AGOA group of African na- was always a reliable partner or tough com- THORIZATION ACT OF 2005 tions. petitor. And, at least with me, he never under- To expand the success of AGOA, African stood the phrase ‘‘customer golf.’’ SPEECH OF economies must become more competitive Bobby retired about 2 years ago and he and HON. ALCEE L. HASTINGS and better able to seize the opportunities of his lovely wife, Peggy, moved back to our trade. With these goals in mind, the United OF FLORIDA States is launching two new initiatives to home State and are enjoying their retirement IN THE HOUSE OF REPRESENTATIVES in the Dunes West golf course community build the capacity of African countries to Thursday, July 21, 2005 trade in freedom. near Mount Pleasant. Bobby and Peggy are The first, which President Bush announced also enjoying spending more time with their Mr. HASTINGS of Florida. Mr. Speaker, I today, is the African Global Competitiveness four adult children: Patty, Cynthia, Taylor and rise today to oppose this closed rule and H.R. Initiative. This will provide $200 million over Michael and two grandchildren Tayson and 3199, the USA PATRIOT and Terrorism Pre- the next five years to help the people of Afri- Senna. vention Reauthorization Act of 2005. ca participate more fully in trade. As part of this initiative, we are opening a fourth Mr. Speaker, I ask that you and my col- The manner in which the amendment proc- ‘‘trade hub’’ here in Dakar, where teams of leagues join me in wishing a happy and fes- ess of this bill was handled is shameful. Both experts will help African countries trade tive 60th birthday to Robert S. ‘‘Bobby’’ the Judiciary and the Intelligence Committee more effectively with one another and with Reese, and our hopes that he, Peggy and all had jurisdiction over this legislation, yet some- the United States. of the Reese family and friends will have a how, the Chairman of the Judiciary Committee

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.005 E22JYPT1 E1578 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 2005 has managed to twist this bill into one that provided to our government through the provi- the ‘‘USA PATRIOT Act,’’ more commonly only he finds acceptable. sions of the Patriot Act and the Intelligence called simply the ‘‘PATRIOT Act.’’ As a Senior Member of the Intelligence Reform and Terrorism Prevention Act of 2004 I agreed that our law-enforcement agencies Committee, I offered an amendment that are beyond worrisome. The inclusion of needed increased power and more tools to would have extended the sunset for Section sunsetting provisions allows us to examine the fight terrorists. But I also thought then—and 6001 of the Intelligence Reform and Terrorism practical effects, both positive and negative, still think today—it was imperative for Con- Prevention Act of 2004 until 2010. Section before permanently allowing such a broad ex- gress to proceed carefully in order to protect 6001, also known as the ‘‘lone wolf’ provision, pansion of government power. Americans’ civil liberties. allows the government to define any individual As a freedom loving society, we must dili- I take very seriously my duty to preserve non-US person as a terrorism suspect, even if gently monitor any infringement on our civil lib- and protect our Constitution. For me, this is a that person has no clear ties to a foreign gov- erties to ensure it is justified. But this bill, al- matter of conscience—and four years ago I ernment. This new authority has been in place lowing the virtually unchecked monitoring of concluded that I could not fulfill my duty and for a mere seven months and has yet to be the average citizen on the flimsiest of justifica- also vote for the legislation. subjected to meaningful review. Extending the tions, is too broadly tailored to defend. After However, I took some comfort from the fact sunset would give Congress a significant pe- careful consideration and examination, I can- that a number of the most troublesome provi- riod of time in which to assess the impact of not support a bill that takes away so much sions of the new law were temporary and this considerable new authority. Members of while offering so little. I urge my colleagues to would expire unless Congress acted to renew the Intelligence Committee agreed; and my vote no on this closed rule and no on H.R. them. And the imminent expiration of those provi- amendment had the support of almost every 3199. sions is the reason this bill is before us today. single Member of the Committee, both Repub- f I think the value of such ‘‘sunset’’ provisions lican and Democrat. Inexplicably, the amend- is shown by the debate we are having today. ment was later removed by the Judiciary Com- HONORING TROY UNIVERSITY’S TRANSFORMATION INTO ‘‘ONE It is evidence that requiring Congressional ac- mittee. tion to renew agencies’ authorities can and I asked Chairman SENSENBRENNER point GREAT UNIVERSITY’’ does result in ongoing Congressional over- blank in the Rules Committee hearing yester- sight and periodic reconsideration. day why my amendment was removed from HON. TERRY EVERETT Unfortunately, the bill before us today does OF ALABAMA the bill. His response—‘‘I don’t know.’’ He not fully follow the good example of our proce- IN THE HOUSE OF REPRESENTATIVES doesn’t know, then who does? I guess some- dure 4 years ago. Instead, the bill would make where between the fourth floor of the Capitol Friday, July 22, 2005 permanent no fewer than 14 of the 16 provi- and the Judiciary Committee, my amendment Mr. EVERETT. Mr. Speaker, I rise today to sions of the original ‘‘PATRIOT Act’’ that were must have been lost. covered by the law’s ‘‘sunset’’ clause—as well I believe the partisanship and incivility of the congratulate a unique university based in my as other new authorities provided by last Judiciary Committee has unfortunately, in- congressional district in southeast Alabama year’s bill to reform the intelligence commu- fected the bipartisan manner in which the In- which is truly transforming itself into a global nity—and under the bill the other two will not telligence Committee has always approached force in education. ‘‘sunset’’ for a full 10 years. its work. Regardless, I am still committed to On July 29th, Troy University, formerly Troy State University, will officially join its 60 cam- That is one of the main reasons I will vote pursuing my amendment and working with the against this bill. But it is not the only reason. conference committee in a bipartisan fashion puses in 11 countries and 13 time zones across the world into ‘‘One Great University.’’ Neither the expiring provisions nor the other to reinsert my amendment into this legislation. sections of the ‘‘PATRIOT Act’’ are limited to Mr. Speaker, it is disappointing that, once This change will unite the entire student body of each campus. All curriculums will be cases involving terrorism. This makes even again, I find myself protesting the manner in more troubling their potential for abuse or mis- which legislation has been brought to the floor. the same at each campus making it easier for students to transfer within the system. Besides use in ways that intrude on Americans’ privacy Over sixty amendments were offered in the and civil liberties. Rules Committee yesterday yet only twenty a common curriculum, the students will now have unified identification cards, the same stu- Because of that potential, over the last four have been made in order. Forty amendments, years more than 300 communities and seven including my own, will not be debated today. dent handbook, as well as pay the same fees. The unification of Troy University is more States, including Colorado—governments rep- Even Representative HARMAN, the ranking than a clerical notation, however. A long es- resenting over 62 million people—have Member on the Intelligence Committee, of- tablished leader in higher education in the passed resolutions opposing parts of the ‘‘PA- fered four amendments that the Rules Com- Southeastern United States will officially raise TRIOT Act.’’ mittee refused to make in order. In fact, none its banner high enough to be seen around the Much of that public concern—a concern I of the amendments offered by any Intelligence world. This is a very proud moment for Troy share—has focused on the possible effects on Committee Democrat is made in order under University and Alabama. the privacy of patrons and customers from the this rule. This is absolutely inexcusable. I would also like to congratulate Chancellor application of section 215 of the ‘‘PATRIOT America’s national security is of paramount Jack Hawkins and his staff on their great ef- Act’’ to libraries and bookstores. importance, but our security needs will not be forts to make this transition a success. Their Section 215 expanded the FBI’s ability to met by limiting debate on the issue. The hard work and dedication will be recognized obtain ‘‘any tangible thing’’ under the Foreign American people deserve a Congress that has and remembered for years to come as Troy Intelligence Surveillance Act. Previously, the fulfilled its Constitutional role by considering takes center stage in uniting our world through government could obtain records only from ho- each and every idea put forth by its Members the promise of higher education. tels/motels, storage facilities and car rental to improve this and all pieces of legislation. companies, and only if the records pertained f Without a doubt the underlying bill could be to agents of a foreign power.’ Now, it can seek improved. For example, this bill amends Sec- USA PATRIOT AND TERRORISM ‘‘any tangible thing’’ from anyone at all as long tion 213 of the Patriot Act to require the gov- PREVENTION REAUTHORIZATION as the information is relevant to an investiga- ernment to notify the subject of a search war- ACT OF 2005 tion. rant within 180 days of the search but does Many of us think this is so broad that the not sunset the provision. Statistics provided to SPEECH OF government could investigate consumers’ Congress show that only eleven percent of the HON. MARK UDALL reading and Internet habits and private searches conducted using this power were re- records (such as credit card information, med- OF COLORADO lated to terrorism—eleven percent! Given that ical records, and employment histories), with- IN THE HOUSE OF REPRESENTATIVES this overbroad search and seizure power is out the requirement of relevance to any crimi- abused almost ninety percent of the time, isn’t Thursday, July 21, 2005 nal activity that applies in grand jury investiga- Section 213 the very model of a section in The House in Committee of the Whole tions. need of a sunset? Again, amendments were House on the State of the Union had under I would like to think that this authority will submitted to the Rules Committee addressing consideration the bill (H.R. 3199) to extend not be abused. But we cannot be sure that will these issues but they were not made in order. and modify authorities needed to combat never occur, and I think there are reasons to While no one in this body, Democrat or Re- terrorism, and for other purposes: worry. publican, objects to this country’s need to fight Mr. UDALL of Colorado. Mr. Chairman, four I understand, for example, that the Amer- terrorism, the sweeping, un-checked powers years ago I voted against the bill that became ican Library Association has confirmed that

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.009 E22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1579 Federal agents went into a library and asked for jury trials in many federal criminal trials, years later, the Act has proven effective in fur- for a list of everyone who checked out a book evidently including some not related to ter- thering this Constitutional ideal, as it has en- on Osama bin Laden—which likely would in- rorism. hanced political participation and opportunity clude people who wanted to learn about his And so, Mr. Chairman, my reaction to the among racial and ethnic minorities. Today the connection to the terrorist attacks on New bill now before the House is similar to the one Voting Rights Act also serves to protect the York and Washington—and that overall, since I had to the original ‘‘Patriot Act’’ legislation rights of language minority and disabled vot- those attacks libraries have received more four years ago. ers. than 200 formal and informal requests for ma- As I did then, I strongly support combating Please join us in celebrating this significant terials, including 49 requests from federal offi- terrorism, here at home as well as abroad. progress from 40 years of enforcement of the cers. But I continue to think that it is essential that Voting Rights Act. It is not clear what authority (if any) was we remember and respect the Constitutional cited by the federal officers for obtaining this rights of law-abiding Americans as we wage f information—and, because recipients of orders war against those who would destroy both our issued under section 215 not only have no ef- Constitution and our country. In fact, I think THE ELEVENTH ANNIVERSARY OF fective way of challenging them but in fact are that if we don’t do that we will lose much of THE PASSING OF THE prohibited from disclosing to anyone but their what we are seeking to defend. LUBAVITCHER REBBE attorneys that they received such an order, And, now as then, I have concluded that for there is no way of knowing how often this au- the reasons I have mentioned this bill as it thority has been used. stands—especially after rejection of the pro- HON. ANTHONY D. WEINER So, I remain concerned about the possibility posal to shorten the extension of expiring pro- OF NEW YORK that the ‘‘PATRIOT Act’’ would be used to ob- visions—does not strike the right balance, and IN THE HOUSE OF REPRESENTATIVES tain very private information—whether library should not become law in its present form. records, medical information, or gun purchase But, now as four years ago, I am hopeful Friday, July 22, 2005 records—without an adequate showing of a that the bill will be further improved as the leg- connection to terrorism. islative process continues. Mr. WEINER. Mr. Speaker, Sunday July 10, It is true that this bill would make some Four years ago, that did not happen. How- 2005 (3 Tamuz, 5765), marked the eleventh worthwhile changes to current law, including ever, I think there is good reason to think that anniversary of the passing of Rabbi allowing the recipient of a Section 215 order to this time history will not repeat itself. Menachem Mendel Schneerson, of righteous challenge it before a three-judge panel of the There evidently is considerable support in memory. When Rabbi Schneerson first be- Foreign Intelligence Surveillance Court, FISC, the other body—by Senators on both sides of came the Rebbe, or spiritual leader, of in Washington, DC, and assert that the law the aisle—for provisions that would improve Chabad-Lubavitch, the movement had barely was wrongly applied. on this legislation. I hope and expect that the survived the brutality of the Holocaust. Yet, But I think we ought to have at least had the Senate will make such improvements and that over the course of his 44 years as ‘‘The opportunity to debate more substantial reform in the end the result will be a measure that Rebbe,’’ Rabbi Schneerson turned Chabad- to this part of the law. deserves the support of all Members of Con- Lubavitch into a worldwide movement. To begin with, we should have been able to gress. Under the Rebbe’s leadership, Chabad- at least consider a limited exemption for book- f Lubavitch began to offer educational and so- stores and libraries, along the lines of the bi- cial services to the elderly, ill, and infirm. Over partisan amendment that the House voted to INTRODUCTION OF A RESOLUTION time, and under Rabbi Schneerson’s leader- add to the Justice Department appropriations COMMEMORATING THE 40TH AN- ship, Chabad-Lubavitch became a global force bill for fiscal 2006. However, the Republican NIVERSARY OF THE VOTING for good-will and kindness. It is not surprising leadership blocked that amendment from even RIGHTS ACT OF 1965 therefore, that upon Rabbi Schneerson’s pass- being offered. ing, both this House, as well as the Senate, Further, I think consideration should be HON. JOHN CONYERS, JR. voted unanimously to award him the Congres- given to changing the standard for issuing a OF MICHIGAN sional Gold Medal. section 215 order, to require some individual IN THE HOUSE OF REPRESENTATIVES It is a testament to the Rebbe’s leadership suspicion that the records the government Friday, July 22, 2005 that Chabad-Lubavitch’s social, educational, wants are related to a spy, terrorist or other and humanitarian efforts did not cease upon foreign agent—which could include the Mr. CONYERS. Mr. Speaker, today I rise to his passing. In fact, Chabad-Lubavitch pres- records of other parties if they were clearly rel- join Congressman JOHN LEWIS in introducing a ently has over four thousand emissaries oper- evant to the activities of the subject under in- resolution commemorating the 40th anniver- ating more than three thousand institutions vestigation. Again, no amendment along those sary of the Voting Rights Act of 1965. On Au- around the globe. Chabad-Lubavitch offers lines was allowed consideration. gust 6, 1965, President Lyndon B. Johnson vital outreach and social services to commu- It is true that the House did have the oppor- signed the Voting Rights Act into law. This Act nities in more than sixty countries on six con- tunity to consider a number of worthwhile is one of the Nation’s most important civil tinents. amendments. I was glad to have the chance rights victories and serves as a tribute to In the wake of the devastating Tsunami in to vote for them, and am glad that so many those that marched, struggled, and even died South-East Asia, Chabad-Lubavitch responded were adopted. However, we should have had to secure the right to vote for all Americans. to the crisis in a manner consistent with Rabbi the chance to consider many more. Brave Americans of different races, Schneerson’s teachings and leadership. For example, the House ought to have had ethnicities, and religions risked their lives to Chabad-Lubavitch of Thailand has extended a the chance to at least debate changes such stand up for political equality. Most notably, on helping hand to all Tsunami victims and sur- as some proposed in the Intelligence and Ju- March 7, 1965, a day that would come to be vivors, regardless of race or religion. diciary Committees. I have in mind the amend- known as ‘‘Bloody Sunday,’’ nonviolent civil ment to ‘‘sunset’’ the so-called ‘‘lone wolf’ pro- rights activists, like Congressman JOHN LEWIS, Chabad-Lubavitch has provided both fund- vision, approved by the Intelligence Committee were brutalized and demeaned in their pursuit ing and technical assistance to local relief or- and an amendment offered in the Judiciary of voting rights for all Americans. It took this ganizations in order to support the local relief Committee to restore a requirement for report- horrific violence for the Nation to realize it had effort. Chabad-Lubavitch also provides interest ing on the disclosure of electronic communica- to own up to the democratic ideals it free loans to Tsunami survivors in order to as- tions that was included in the bill approved by preached. Eight days later, President Lyndon sist in the economic recovery of individuals the Judiciary Committee in 2001 but later B. Johnson called for a comprehensive and ef- and communities. Chabad-Lubavitch also par- stripped by the Rules Committee without ex- fective voting rights bill. ticipates in an ongoing effort to provide fresh planation. This call for a voting rights bill was to en- food and drinking water to the villages of Koh Unfortunately, the Republican leadership did sure that this country realized the 15th Muk, Laem Naew, Baan Talae Nok, Ko Rah, not allow any of these amendments to even Amendment of the Constitution, that ‘‘the right Bak Jok, Ko Surin, and Tung Dap. be debated on the House floor, although it did of citizens of the United States to vote shall Mr. Speaker, while we continue to honor allow time for a new amendment—not consid- not be denied or abridged by the United Rabbi Schneerson’s memory, we must also ered in committee, as far as I can tell—that States or by any State on account of race, celebrate his ongoing legacy of kindness and would, among other things, change the rules color, or previous condition of servitude.’’ Forty compassion.

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.013 E22JYPT1 E1580 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 2005 RECOGNIZING CORINA VILLARAI- Enduring Freedom in Afghanistan. Azerbaijan ple as soon as possible. This requires specific GOSA, THE FIRST LADY OF THE was the first Muslim nation to send its troops and meaningful benchmarks to gauge CITY OF LOS ANGELES to serve shoulder-to-shoulder with U.S. forces progress and determine when our troops can in Iraq. return home. The Ros-Lehtinen amendment, HON. HILDA L. SOLIS Azerbaijan joined all 12 international con- which was never discussed in Committee, OF CALIFORNIA ventions on counter-terrorism and reinforces makes no reference at all to any benchmarks IN THE HOUSE OF REPRESENTATIVES regional cooperation on fighting terrorism and contains language that gives support to a through signing numerous agreements and vague, open-ended commitment to keep our Friday, July 22, 2005 participating in the activities of regional organi- troops in Iraq indefinitely. Ms. SOLIS. Mr. Speaker, I rise today to pay zations such as NATO, the Organization for Finally, I support U.N. reform. The Hyde leg- tribute to an extraordinary woman, Corina Security and Cooperation in Europe, and oth- islation regarding the U.N. when brought up Villaraigosa, the First Lady of the City of Los ers. Azerbaijan serves as the chair of the separately in the House was opposed by 195 Angeles. GUUAM Working Group (Georgia, Ukraine, Members and was the subject of serious ob- Corina is a working mother whose proven Uzbekistan, Azerbaijan, and Moldova) on the jections from the Bush Administration. It was ability to balance a successful career while fight against terrorism, organized crime and also quite clear that it could not pass the Sen- never losing sight of her first priority—her fam- drug trafficking. GUUAM countries actively co- ate, so it is being bootstrapped to this bill. The ily—has made her a role for model for count- operate in law-enforcement, trade and trans- Hyde Amendment lacks the flexibility needed less Latinas and other women. Corina is a portation, and political-military spheres. for the Administration to effectively seek the very talented and giving person whose love for Azerbaijan was a pioneer in opening the necessary reforms at the U.N. For example, if her children and her students has no bound- Caspian Sea to international cooperation and a single one of 14 specific goals set forth in aries. oil and gas exploration. Since 1994, Azer- the amendment are not met by 2007, 50 per- For nearly 20 years, Corina Villaraigosa has baijan has extensively developed its energy cent of our dues would be withheld. Such a extended her love for children beyond her resources to diversify western energy sup- rigid approach would weaken the Bush Admin- home and into the schools of the Montebello plies. The Baku-Tbilisi-Ceyhan (BTC) oil pipe- istration’s hand to implement the changes Unified School District. Thousands of young line opened May 25 of this year. It is widely which are necessary at the U.N. Californians, many of them English language recognized that the East-West energy corridor Because the final State Department Author- learners, have been fortunate enough to call plays an important security role in the region. ization bill contains those three amendments, Mrs. Villaraigosa their teacher. Whether at To the United States, Azerbaijan is a critical which I opposed, I am voting against final pas- home or in the classroom Corina creates an partner in the Global War on Terrorism and sage. I hope the Senate and Administration enriched environment that enables children to the energy sector. To Azerbaijan, the United will seek the necessary improvements in this embrace the gift of learning and to become States is a pivotal leader in its efforts to pro- legislation. productive members of our society. She un- mote democracy and stability within its bor- derstands that education is the great equalizer ders and throughout the region. f for the Latino community and all communities. Azerbaijan is seeking to establish itself as a For Corina, teaching is truly a vocation, a call- democratic nation and viable socio-economic TRIBUTE TO A GREAT MENTOR ing to help young people—our Nation’s great- partner in the Caucasus, Europe and on the est treasure. world stage. It is already an important partner HON. GINNY BROWN-WAITE Corina’s strong sense of civic duty was on many fronts, and free and fair elections will OF FLORIDA learned at an early from her beloved parents. allow us to further develop that partnership. IN THE HOUSE OF REPRESENTATIVES As a mother, a teacher and now as the First f Lady of Los Angeles, Corina has always Friday, July 22, 2005 USA PATRIOT AND TERRORISM served her community with grace and distinc- Ms. GINNY BROWN-WAITE of Florida. Mr. tion. The residents of Los Angeles are proud PREVENTION REAUTHORIZATION ACT OF 2005 Speaker, mentors have played an important to call Corina Villaraigosa their First Lady. role for business leaders, artists, athletes and Mr. Speaker, I ask my colleagues to join me SPEECH OF politicians for hundreds of years. Having an in- in saluting Mrs. Corina Villaraigosa for her fluential and important role model to learn selfless and extraordinary dedication to her HON. SANDER M. LEVIN from and to lean on for support and advice is family and community. She is a role model for OF MICHIGAN priceless. Today I would like to honor and future generations of Mexican-American IN THE HOUSE OF REPRESENTATIVES compliment my personal mentor, New York women and all women, and I am honored to Thursday, July 21, 2005 State Senator Owen Johnson from Babylon, recognize her today. Long Island. f The House in Committee of the Whole House on the State of the Union had under For over 10 years I had the honor and privi- CALLING FOR FREE AND FAIR consideration the bill (H.R. 3199) to extend lege to work for my good friend Owen in the PARLIAMENTARY ELECTIONS IN and modify authorities needed to combat New York State Senate. Always supportive of THE REPUBLIC OF AZERBAIJAN terrorism, and for other purposes: my entrepreneurial efforts, Owen encouraged Mr. LEVIN. Mr. Chairman, I supported the intellectual curiosity and always gave me the HON. CHET EDWARDS State Department Authorization (FY 06–07) bill latitude and freedom to complete my master’s degree. OF TEXAS as reported by the International Relations While Owen had the chance to run for Con- IN THE HOUSE OF REPRESENTATIVES Committee, and supported many of the amendments offered here on the floor of the gress himself, he chose to remain a New York Friday, July 22, 2005 House. However, this bill now also includes State Senator to be closer to his family. Mr. EDWARDS. Mr. Speaker, with H. Res. three major amendments which came up on Christel, his lovely wife, son Owen, and 326, the House of Representatives calls for the floor of the House, which are misguided daughter Chirsten are truly the loves of his free and fair parliamentary elections in the Re- and which I opposed. life. public of Azerbaijan. Without question, we The Rohrabacher amendment correctly ac- Owen Johnson, a conservative before it was send a message with this resolution that im- knowledges the importance of intelligence fashionable, is the chairman of the prestigious provements must be made in Azerbaijan’s gathering, while it ignores allegations of seri- Senate Finance Committee. A seasoned and democratic process, but while we discuss our ous abuses at Guantanamo Bay. These in- polished debater and legislator, Owen and I hopes for improvement, it is important to re- stances of abuse, combined with others have had hundreds of spirited debates over the member how important Azerbaijan is to Amer- damaged our credibility around the world and years. While we may not have always agreed ican interests in the region. hindered the effectiveness of our efforts in Iraq at the end of the day, each conversation was Azerbaijan is a staunch ally in the global and the war on terror. a learning experience. war on terrorism. Following September 11, As to the Ros-Lehtinen amendment on Iraq, I am extremely proud to call Owen Johnson Azerbaijan was amongst the first countries to I have never supported setting a deadline for a mentor, a friend, and the best State Senator offer the United States unconditional support withdrawing American troops from Iraq. We do New York State has ever had. in the war against terrorism, providing its air- need an effective plan in place to transfer re- Here’s to you Owen for all you taught me space and the use of its airports for Operation sponsibility for Iraq’s security to the Iraqi peo- about conservative and family values.

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ADDRESSING THE GRAVE HUMAN in prisons and re-education through labor the text of this letter placed into the CONGRES- RIGHTS AND RELIGIOUS FREE- camps—many times resulting in deaths due to SIONAL RECORD following my statement. DOM ABUSES OF THE CHINESE torture and abuse. For example, in December OPEN LETTER TO RESCUE CHARLES LI GOVERNMENT 2003, Falun Gong practitioner Liu Chengjun FELLOW AMERICANS: My fiance´, a former died after reportedly being abused in custody post doctoral researcher of Massachusetts HON. DAN BURTON in the Jilin Province. The report went on to General Hospital, is jailed by a government which has inflicted on its own people wars, OF INDIANA state that the Chinese Government ‘‘tends to perceive unregulated religious gatherings or famine, tyranny, massacre, and terror. Now IN THE HOUSE OF REPRESENTATIVES ´ groups as a potential challenge to its authority, my fiance’s life and fate are at its disposal. Friday, July 22, 2005 Over two and a half years have passed since and it attempts to control and regulate reli- Mr. BURTON of Indiana. Mr. Speaker, I rise Charles was arrested in China. Since the gious groups to prevent the rise of groups or very beginning of his arrest, every day has today to express my profound concerns over sources of authority outside the control of the been a nightmare. I have not been allowed to the People’s Republic of China’s, PRC, per- Government and the CCP.’’ The U.S. Depart- hear his voice, but not once have I stopped sistent efforts to squash religious freedom and ment of State—for 6 consecutive years—has thinking about how he is doing. I can’t imag- religious expression. As a senior member of designated China as a ‘‘Country of particular ine the abuse he suffers and the brain- the House International Relations Committee, concern’’ for ‘‘particularly severe violations of washing sessions he is forced to constantly I have worked—along with like-minded col- religious freedom,’’ especially as it pertains to attend. leagues in the House and Senate—to send a Charles has been subjected to other forms the persecution of Falun Gong members. of torture; I cannot list them all. He could strong, consistent message to repressive re- It is in part due to the brave and coura- have lost his life twice, and over 21⁄2 years, gimes like the PRC that membership in the geous writers at The Epoch Times—a Chi- the authorities have been trying to take community of nations requires a real commit- nese-language newspaper and publisher of away his soul with brainwashing. We should ment to support and advance democratic gov- the Nine Commentaries on the Communist never have given them the chance to hurt ernance, political openness, respect for human Party—that we have an accounting of this reli- him like that. Charles must be rescued back rights, and promotion and protection for the gious persecution and the numerous other immediately. freedom of speech and religion. Tragically, this dangerous activities of the PRC. The Com- In June 2003, after Charles had not had food message continues to fall upon deaf ears and in his stomach for almost eight days, Chi- mentaries present an uncensored and honest nese guards shoved a tube into his stomach the persecution of religious freedom continues; history of the Chinese Communist Party, CCP, and left it there for 33 hours. as best exemplified by the PRC’s campaign of effectively and poignantly detailing the brutal In July 2003, Charles was physically forced repression against members of the peaceful conditions under the CCP which have prompt- by inmates that were instigated by the au- Falun Gong movement. ed over 3 million Chinese to make public thorities to attend a brainwashing class to Many of us have become familiar with the statements renouncing all ties to Communism. renounce his belief in Falun Gong. They case of the Falun Gong—also known as Falun By now, over 300 public forums of the Nine knocked Charles down to the ground and dragged him by the feet down a flight of Dafa—a religious movement which combines Commentaries and 100 public rallies—with a regimen of exercise with meditation. Accord- stairs, causing bruises all over his body. tens of thousands of supporters—have been In December 2004, Charles was tortured ing to its practitioners, the beliefs of Falun held in more than 50 major cities throughout until he experienced fast heart beats and Gong are derived from qigong, a set of move- the world. I applaud and commend their tire- shortness of breath. He was forced to sit up ments that stimulate the flow of vital energies less efforts to show the world what is truly straight with his head facing forward and throughout the body. As I understand it, the happening inside China. was not allowed to move for 4 to 7 hours each practice teaches the virtues of truthfulness, Mr. Speaker, the right to religious freedom day. He was tortured like this for 48 consecu- compassion, and forbearance, while warning is firmly enshrined in both our own Bill of tive days. Charles went to China trying to stop the against moral degeneration and materialism. Rights as well as the Universal Declaration of Since 1999, because the members of this persecution of Falun Gong in China by try- Human Rights, Article 18; and a nation’s ad- ing to expose the atrocity and brutal perse- peaceful practice dared to ask their govern- herence to this principle is now widely under- cution of Falun Gong that is based on lies. ment for official recognition and their constitu- stood to be a strong indicator of the good gov- Persecution of Falun Gong is carried out in tional rights to free speech, press, and assem- ernance required to protect the rights of mi- a large scale to the extent where the former bly, the PRC has systematically and ruthlessly norities and safeguards of social peace. The communist ruler, Jiang Zemin himself hand- cracked down on the practitioners of Falun importance of promoting religious freedom ed the propaganda of Falun Gong to high of- Gong. Yet the Falun Gong were only one of cannot be overstated. In many ways, the pro- ficials outside China; building ‘6–10 offices’, a Gestapo-like organization set up to eradicate many groups to face persecution. On October motion of religious freedom is intimately con- 30, 1999, China’s National People’s Congress Falun Gong throughout the whole world. nected to the promotion of other fundamental This was confirmed by Hao Fengjun, a promulgated an ‘‘anti-cult’’ law, retroactively human and civil rights, as well as to the former policeman in the ‘6–10’ office, de- suppressing the Falun Gong movement and growth of democracy. Once believers cannot fected to Australia. He verified that the per- thousands of other religious sects across the convene, worship, and publish their literature, secution of Falun Gong practitioners in country; closing 67 teaching stations and there is essentially no freedom of expression, China is indeed extremely brutal (See http:// 1,627 practice sites in Beijing alone. freedom of association, and freedom of press. enqlish.epochtimes.com/news/5–6–10/ Subsequently, the PRC detained and ques- As we work to spread the ideals of democ- 29446.html). tioned over 30,000 followers nationwide, and racy to areas of the world that have lan- For each hour that Charles is held captive charged Falun Gong leaders with numerous in China, his life is endangered. My heart has guished in the shadow of tyranny, we must been bleeding for over 888 days by now! All crimes, including: organizing superstitious also carry forward the simple but powerful this time, I have been very strong and for- sects, disrupting public order, leaking state se- message that every person has a right to reli- bearing. Actually, without my practice of crets to foreigners, and engaging in unlawful gious freedom and fight to roll back the tide of Falun Gong that teaches me Truthfulness, assembly and publication. Between 150 and religious repression whenever and wherever it Compassion and Tolerance, I know I would 450 group leaders and other members were threatens to spread across the globe. have gone crazy. tried and sentenced to terms of up to 18–20 To that end, I ask my colleagues to join with Since Charles’ arrest, I have appealed to years in prison; and an estimated 10,000 to me to support efforts in the U.S. Congress you—Charles’ fellow Americans—for support and help in rescuing him. The response has 100,000 citizens have spent time in detention that seek to highlight the plight of and express been overwhelming and we are both very or ‘‘labor reeducation’’ camps solely because American support for all the innocent citizens grateful. Two summers ago, after a series of of their religious beliefs. who have been imprisoned unfairly; and to van tours across the U.S. when thousands of In fact, the U.S. State Department’s Inter- continue to stress to China’s leaders that the people expressed their support, Charles’ national Religious Freedom Report of 2004 American people are firmly committed to de- treatment improved. But as public attention stated that ‘‘the Government [ of China] con- fending religious freedom throughout the turned to other issues, his situation has tinued its repression of groups that it cat- world. worsened. As long as Charles is still in jail, egorized as ‘cults’ in general and of the Falun In closing, I would respectfully commend to I will not stop trying to bring him home, but I need your help. Gong in particular.’’ Moreover, the arrest, de- my colleagues’ attention an open letter to the The United States was founded on the prin- tention, and imprisonment of Falun Gong prac- world written by Yeong-Ching Foo to rescue ciple of freedom of belief, as those who fled titioners continued as they respectfully refused her fiance´ Charles Li, one of the many Falun religious persecution in England were seek- to recant their beliefs. As a result, they are Gong practitioners persecuted by the People’s ing independence in the New World. The Chi- being continually subjected to harsh treatment Republic of China; and I would like to have nese people also seek spiritual independence

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A22JY8.021 E22JYPT1 E1582 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 2005 and an escape from the lies and hate that Hoover became determined to rid the coun- TRIBUTE TO COL. ROBERT A. have plagued them under the CCP. I am try of Garvey and his message. After many ROWLETTE, JR. proud of Charles for the risk he took to try failed attempts to impugn his reputation and and accomplish that in peaceful, non-violent his motives, he ultimately became the victim of way. I am proud of him for his courage. HON. JAMES E. CLYBURN Charles should be rescued back imme- an unjust prosecution and conviction by the OF SOUTH CAROLINA diately, and unconditionally. I believe that, United States government in 1923, on a single IN THE HOUSE OF REPRESENTATIVES count of mail fraud. So great was the outcry together, we, the American people and the Friday, July 22, 2005 US government, will not let him down. regarding the suspect nature of the conviction ‘‘My family, friends and I are fortunate to that President Calvin Coolidge would commute Mr. CLYBURN. Mr. Speaker, I rise today to have so much help and support from you ever his sentence in 1927. pay tribute to Colonel Robert A. Rowlette, Jr., since I have been illegally detained and per- The actions of J. Edgar Hoover in his ca- Commander of the Army Corps of Engineers secuted. We all appreciate it very much. As pacity as FBI Director are well documented, for the Louisville District. On July 29, 2005, time goes by, I believe that the truth will be revealed to you. The persecution of Falun and have been the source of much public ob- after 26 years of distinguished and dedicated Gong is totally illegal and brutal. And also, jection. Indeed, we now know of the efforts he military service to our country, Colonel as Dr. King says, injustice anywhere is a made to undermine and discredit Dr. Martin Rowlette will retire from his post as com- threat to justice everywhere. Thank you Luther King and the civil rights movement. mander. I believe it is important to highlight very much! Yours Very Sincerely, Charles Outside the issue of J. Edgar Hoover how- the honors he has received and the assign- Li’’—From a letter written in jail by Charles ever, the case of Mr. Garvey highlights a re- ments in which he has dutifully served. to US officials, May 16, 2003. grettable period in American history—when Born in Berea, Kentucky, Colonel Rowlette Let’s rescue our fellow US citizen back groups and individuals inexcusably used the was commissioned in the Corps of Engineers from the hand of the Chinese Communist American legal system to assail innocent peo- upon graduation from the University of Ken- Party and let the moral value and conscience ple, especially African Americans. Many, like be awakened! Thank You! tucky in 1979. At the University of Kentucky Yours sincerely, Garvey, who had achieved great fame and he earned a Bachelor of Science degree in YEONG-CHING FOO. success, were victims of such malevolence. Civil Engineering. He returned to the Univer- Jack Johnson, the famous African American f sity of Kentucky to earn a Master of Science Boxer, is one example. His wrongful prosecu- degree in Civil Engineering in 1990. Addition- MARCUS GARVEY—KEEPING HIS tion and conviction, which occurred little more ally, he is a graduate of the Army Command LEGACY ALIVE than a decade before that of Marcus Garvey’s, and General Staff College. Colonel Rowland is has elicited a bi-partisan effort in the Congress registered as a Professional Engineer in the HON. CHARLES B. RANGEL to bring about his exoneration. Commonwealths of Virginia and Kentucky. Since 1987 I have sought to clear the name OF NEW YORK Colonel Rowlette has received many honors of Marcus Garvey by seeking Congressional IN THE HOUSE OF REPRESENTATIVES and awards for his service to our Country. His recognition of the injustice done to him, and military honors include the Meritorious Service Friday, July 22, 2005 securing a Presidential pardon of his convic- Medal with seven Oak Leaf Clusters, The Mr. RANGEL. Mr. Speaker, I rise to draw at- tion. I have continued this effort in 109th Con- Army Commendation Medal, The Army tention to the life and legacy of a towering fig- gress with H. Con. Res. 57, and have re- Achievement Medal with Oak Leaf Cluster, ure in the struggle for global human rights. ceived the most support for the effort since I and the National Defense Service Medal. Marcus Garvey is now widely viewed as one first introduced legislation nearly 20 years ago. Prior to becoming the Army Corps of Engi- The case of Henry O. Flipper gives me opti- of the most crucial figures in the modern his- neers’ Commander for the Louisville District, mism as I move forward with the current Gar- tory of peoples of African descent, and is con- Colonel Rowlette’s tour of duty included as- vey effort. Flipper was West Point’s first Black sidered a national hero in his native Jamaica. signments in the continental United States and graduate, and the Army’s first black officer. The movement he started with the Universal Hawaii. He has previously served as a project But he was also the victim of an unjust, and Negro Improvement Association (UNIA) during manager and assistant chief Army Programs racially motivated court-martial. President Clin- the early 1900’s is still the largest that the in the Louisville District. Following his assign- ton’s 1999 exoneration of Mr. Flipper has modern Black world has ever seen. During a ment to Louisville District he served with the cleared the way for other such posthumous bleak and oppressive period, he gave Black 46th Battalion at Ft. Rucker, Alabama as a Presidential pardons. people in this country and around the world a In addition, I am also heartened by the fact company commander and operations officer. pride in themselves and a hope for the future. that individuals and groups in the U.S. and Colonel Rowlette’s next assignment was at His efforts were a major impetus in the later around the world continue to ensure that the the United States Military Academy at West movements that ended legalized discrimination deeds and legacy of Marcus Garvey is pre- Point, New York where he served as an in- in this country, and freed many parts of the served for future generations. UNIA, the orga- structor and an Assistant Professor of Mathe- Black World from the shackles of colonization. nization which Marcus Garvey established matical Sciences. Following his time at West Indeed, his life and philosophy were embraced nearly 100 years ago still exists today, and Point attended the Command and General by influential leaders of the 20th century such continues Marcus Garvey’s message of self Staff College. Following graduation, he served as Kwame Nkrumah, Martin Luther King and improvement and self awareness, through var- as the Executive Officer for the 84th Engineer Malcolm X. ious education and service programs around Battalion at Schofield Barracks, Hawaii. He Marcus Garvey has been an inspiration to the country. The organization will actually be next served as the Operations Officer for the me since I was a child. I was born, raised, and having a 91st anniversary celebration here in 416th ENCOM FWD cell at Fort McPherson, still live in Harlem, where Garvey established Washington, DC on July 30th, which will serve GA. the Headquarters for the Universal Negro Im- to further illuminate the life and message of I had the pleasure of meeting and working provement Association. Though I was born this important man. with Colonel Rowlette when he arrived in three years after Garvey was deported from Other groups and organizations, such as the Charleston, South Carolina to serve as Com- the United States, his imprint on Harlem was Connecticut-based International Foundation for mander of the Charleston District of the U.S. still deep throughout my childhood and adoles- the Exoneration of Marcus Garvey, have been Army Corps of Engineers in my Congressional cence. I often met followers of Garvey’s move- active in spreading awareness of Marcus Gar- District. He followed his tenure in my home ment, known as Garveyites, who would preach vey’s wrongful conviction, and building support state, as the Engineer Colonel Assignments his philosophy. Their words encouraged me to for the exoneration effort. I thank all of them Officer with the U.S. Total Army Personnel do my own research. As I grew older, I came for everything they continue to do to seek jus- Command and attended the Canadian Forces to fully understand the importance of Garvey— tice for Marcus Garvey and keep him alive in College in Toronto, Ontario. both the man and his message—, and the in- our hearts and minds. Mr. Speaker, I ask that you and my col- justice of his wrongful conviction. Marcus Garvey once asserted that, ‘‘Action, leagues join me in celebrating the 26-year ca- Despite his future impact, he lived in an self-reliance, the vision of self and the future, reer of Colonel Robert A. Rowlette, Jr. His early 20th century America that was very re- have been the only means by which the op- leadership has been characterized by excel- sistant to change. Many became threatened pressed have seen and realized the light of lence and service. He has been a great asset by the size and implications of his movement, their own freedom.’’ This message transcends to his profession and a role model for all of and he soon became the target of significant any race or group; it is a universal human those who follow him in the United States government harassment, led by a young J. American ideal. It is why the world must never Army Corps of Engineers. I wish him a very Edgar Hoover. forget Marcus Garvey. happy retirement and Godspeed.

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.023 E22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1583 IN HONOR OF SELF HELP Like the United States, India draws much of its relationship between our countries will help ENTERPRISES democratic strength from its diversity. Dr. promote security, peace, and economic pros- Manmohan Singh’s election as Prime Minister, perity around the globe. HON. JIM COSTA the first time a Sikh has been elected to this f office, demonstrates that diversity. The United OF CALIFORNIA USA PATRIOT AND TERRORISM States and India also share the priorities of IN THE HOUSE OF REPRESENTATIVES PREVENTION REAUTHORIZATION promoting global stability and combating ter- ACT OF 2005 Friday, July 22, 2005 rorism around the globe, promoting trade and Mr. COSTA. Mr. Speaker, I rise today to democracy, developing new technology, and SPEECH OF congratulate Self Help Enterprises on the or- combating the spread of HIV and other global ganization’s 40th Anniversary of dedicated health pandemics. HON. CONNIE MACK service to rural communities of California’s Relations between the United States and OF FLORIDA San Joaquin Valley. India are particularly important to the residents IN THE HOUSE OF REPRESENTATIVES Self Help Enterprises’ (SHE) efforts are of the 9th Congressional District of Illinois. We Thursday, July 21, 2005 based upon the simple principle of providing have a dynamic Indian American community in The House in Committee of the Whole the tools necessary for individuals to help the 9th Congressional District that has shared House on the State of the Union had under themselves succeed. SHE assists rural resi- Indian culture with our residents and made a consideration the bill (H.R. 3199) to extend dents, primarily farmworkers, in a variety of strong contribution to our economy. While and modify authorities needed to combat housing needs. Offering technical assistance, these Indian Americans are now residents and terrorism, and for other purposes: helping people to compete for scarce re- citizens of the U.S., many of them still have Mr. MACK. Mr. Chairman, I rise today to ex- sources and empowering individuals has been family in India. The close, friendly relationship press my thoughts and concerns regarding the the main focus of this community oriented developing between our countries is important USA PATRIOT and Terrorism Prevention Re- non-profit. to Indian Americans in my district, and bene- authorization Act (H.R. 3199). This legisla- The beginnings of Self Help Enterprises can ficial to all Americans and Indians. As a mem- tion—though controversial since it was origi- be traced back to 1964 when President John- ber of the Congressional India Caucus, I’ve nally signed into law in 2001—is an important son launched the ‘‘War on Poverty’’ with the been pleased to see the relations between our and effective tool for combating and winning passage of the Economic Opportunity Act of countries improve. the war on terrorism. However, it is the duty 1964. This legislation provided a much needed I had the honor of accompanying President of this body to err on the side of freedom and source of federal funding to help combat the Clinton to India in March of 2000—the first that is why I support commonsense legislative devastating effects of continuous economic time a U.S. President traveled to India since oversight of this law. hardship. Self Help Enterprises originated in President Carter in 1978. That trip also served Four years ago, Congress came together to 1965 as the first rural self-help housing organi- a greater purpose. President Clinton’s trip to provide law enforcement and intelligence offi- zation in the nation and shortly thereafter re- Asia represented a major initiative by that Ad- cials with sweeping powers to increase intel- ligence-gathering abilities and information ceived its first of many grants from the United ministration and members of Congress to set sharing in the name of fighting terrorism. This States Office of Economic Opportunity. U.S.-India relations on a new level of in- was a wise and prudent choice. However, due Since then SHE has been instrumental in creased cooperation across a broad spectrum to the legitimate concerns raised about the the housing development needs throughout of issues. President Clinton and Prime Min- powers this law puts into the hands of govern- eight counties located in the heart of the San ister Vajpayee agreed in a vision statement to ment and the need to be mindful of the liberty Joaquin Valley: Fresno, Kern, Kings, Madera, institutionalize dialogue between our two coun- we are sworn to uphold, sunset provisions tries through regular bilateral ‘‘summits.’’ In the Mariposa, Merced, Stanislaus and Tulare. were attached to the original law to ensure Self Help Enterprises’ volunteers, bene- years following that trip, many aspects of the there would be a judicious review of the law factors and organizers have touched the lives vision statement have been realized and our and how it has been implemented. Make no of numerous families who are so often over- countries have drawn closer together. mistake, Mr. Speaker: sunset provisions do looked by the rest of the community. The 40th Since 1991, the United States and India not weaken the law, nor do they undermine its Anniversary of the founding of Self Help Enter- have forged close economic relations. As India purpose or its execution. prises is a time for us to not only commemo- has liberalized its economy, it has become a Last night, during the debate on the USA rate past efforts, but also look toward the fu- more important trading partner for the United PATRIOT and Terrorism Prevention Reauthor- ture for innovative and novel means of helping States. India has invested both in its busi- ization Act (H.R. 3199), a Motion to Recommit underserved rural residents. nesses and its workers, fighting poverty while was offered that included instructions to ex- f growing its economy at a steady, sustainable tend the current sunset provisions on the six- rate. Our economic relationship with India is COMMENDING THE CONTINUING teen most controversial provisions from 2005 sure to expand in the time to come. to 2009. Two hundred and nine of my col- IMPROVEMENT IN RELATIONS India is an important strategic partner to the leagues voted ‘‘yea’’ on this Motion to Recom- BETWEEN THE UNITED STATES United States. After our country was attacked mit. I intended to vote ‘‘yea,’’ however, due to AND THE REPUBLIC OF INDIA on September 11th, India quickly rushed to a technical malfunction, my vote was not re- America’s side to offer its full support to com- SPEECH OF corded in the official CONGRESSIONAL RECORD. bat the terrorists and use of its bases for Regrettably, because the Motion to Recommit HON. JANICE D. SCHAKOWSKY counterterrorism operations. India is a critical failed (209 to 218), the legislation contained OF ILLINOIS ally of geopolitical importance to the United only two limited 10-year sunsets. Thus, in the IN THE HOUSE OF REPRESENTATIVES States on the Asian continent. India is a part- spirit of freedom, liberty, and limited govern- ner in our efforts to work towards a more Monday, July 18, 2005 ment, I voted against the final passage of the peaceful world, and has recently taken en- House-version of the PATRIOT Act reauthor- Ms. SCHAKOWSKY. Mr. Speaker, I want to couraging steps towards peace with Pakistan. ization. recognize the visit of the Prime Minister of The growing military partnership between the Detractors of sunset provisions state there India on the occasion of his visit to Wash- United States and India is a sign of our shared has not been any evidence of widespread ington. Prime Minister Singh’s visit to the strategic priorities. abuse of any of the PATRIOT Act’s provisions. United States is the first by a national Indian While India faces many challenges today, But, as leaders, we are supposed to have the leader since that of Prime Minister Vajpayee in such as continued mass poverty and an HIV/ gift of foresight. By making the law permanent November 2001. The Prime Minister’s visit AIDS epidemic, I will work closely with the In- at this time, we will handcuff the ability of Con- comes at a critical moment for relations be- dian American community in my district, with gress to carry out a constitutionally-mandated tween the United States and India. The 21st my colleagues on the India Caucus and in the power legislative oversight. Why should we Century has brought our democracies together Congress as a whole to ensure that the United not review this Act in four year’s time? Having as partners with shared priorities. States continues to support India as it faces an intelligent debate to weigh the accomplish- The United States and India share the val- those challenges that threaten its develop- ments of the bill is a smart undertaking now, ues of democracy and diversity and are build- ment. just as it will be in 2009. ing a vital economic and strategic partnership. Mr. Speaker, I thank Prime Minister Singh History tells us that in times of war or con- As the world’s most populous democracy, for continuing to strengthen the relationship flict, government is all too willing to ask its citi- India is an important ally of the United States. between the United States and India. A close zens to trade a bit of their liberty for the hope

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.027 E22JYPT1 E1584 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 2005 of greater security. We witnessed it during FOREIGN RELATIONS AUTHORIZA- consideration the bill (H.R. 3199) to extend World War II with the immoral internment of TION ACT, FISCAL YEARS 2006 and modify authorities needed to combat Japanese Americans. Liberty has been tram- AND 2007 terrorism, and for other purposes: pled during every war we’ve fought. But we Mr. KENNEDY of Rhode Island. Mr. Chair- must ensure that it does not happen again SPEECH OF man, as we consider reauthorizing The USA through vigilant oversight of the provisions of HON. BARBARA LEE PATRIOT Act today, it is important to recog- the PATRIOT Act. Some have characterized OF CALIFORNIA nize that the 16 expiring provisions addressed the PATRIOT Act as an irresponsible reaction. IN THE HOUSE OF REPRESENTATIVES by this legislation are controversial with good reason. That is why Congress wisely estab- I disagree because Congress was smart and Wednesday, July 20, 2005 just to include ‘‘sunsets’’ at the time. Most of lished sunset timelines for these particular the provisions in the PATRIOT Act were need- The House in Committee of the Whole sections when the original legislation was ed and should be reauthorized. But to contend House on the State of the Union had under passed amidst extraordinary circumstances in consideration the bill (H.R. 2601) to authorize 2001; this is one of the main reasons that I as some of its supporters do that it is a perfect appropriations for the Department of State law and should not be looked at critically is for fiscal years 2006 and 2007, and for other voted for its original passage. The sheer fact absurd. purposes: that Congress included a sunset provision in Mr. Chairman, I look forward to working with Ms. LEE. Mr. Chairman, let me thank my the bill shows that Members did have con- my colleagues in both the House and the Sen- distinguished colleague from California, the cerns with the bill, and recognized its trouble- ate to ensure that proper legislative safe- Ranking Member of the International Relations some aspects, even as they acted on the guards are achieved, in conference, through Committee for his leadership and commitment need for swift passage in the immediate wake additional sunsets on the most controversial to addressing the global HIV/AIDS pandemic. of September 11th. While I believe it is critical provisions. In the words of one of our Found- And I also want to thank the Chairman, HENRY that we update our law enforcement tools to ing Fathers, Benjamin Franklin, ‘‘they that can HYDE for his dedication and willingness to respond to the deadly and unconventional give up essential liberty to obtain a little tem- work with me on this important issue over the threats we face from global terrorist organiza- porary safety deserve neither liberty nor safe- last several years. tions, it is vital that we do not at the same ty.’’ Mr. Speaker, the war on terrorism will be Mr. Speaker, this amendment is completely time endanger the basic civil liberties and free- won. But, America must continue to be a shin- unnecessary. While I appreciate the efforts of doms that we hold so dear. I will vote against ing beacon of freedom, security, and pros- the Chairman to improve it, the real problem this legislation because I believe it fails to perity for the world. It is the job of this es- is that it reinforces the prostitution pledge—an strike the critical balance between civil liberties teemed legislative body to strike the proper underlying policy that I believe is fatally and national security. balance between liberty and safety. We as- flawed, and I want to tell you why. Reestablishing sunsets for all 16 controver- cended to our current world position by being In 2003 I traveled to Zambia as part of a sial provisions, thereby recognizing the crucial a cradle of freedom—now is not the time to Congressional Delegation examining food se- role that Congress needs to continue to play turn our backs on that fundamental principle. curity and HIV/AIDS in Africa. We visited the in providing ongoing oversight in this most f Chirundu region, on the border with sensitive of legislative areas impacting our Zimbabwe, where delays in processing travel basic civil freedoms, would greatly improve HONORING THE 2005 ‘‘TREE CITY had forced many truckers to wait for months this bill, but the rule does not allow us to vote USA’’ CITIES OF FLORIDA before they could cross the border. on this. The rule also does not allow an The Chirundu region is incredibly poor. But amendment which would have defended im- HON. E. CLAY SHAW, JR. because the truckers were still receiving their portant civil liberties, including the right to free- OF FLORIDA per diem and had time to waste, many poor dom of speech, by excluding booksellers and IN THE HOUSE OF REPRESENTATIVES and destitute women were drawn there to sell libraries from the scope of Section 215 FISA Friday, July 22, 2005 their bodies in exchange for money to buy search orders. Before the PATRIOT Act, these food and provide clothing and shelter for their Mr. SHAW. Mr. Speaker, I rise today to rec- requests at least had to be directed at ‘‘agents families. of a foreign power.’’ Now they can be used ognize the 110 Florida communities that re- Thankfully, the USAID Cross Border Initia- against American citizens, even if they are not ceived the 2005 Tree City USA recognition tive was reaching out to the truckers and suspected of doing anything wrong, as long as from the National Arbor Day Foundation. This these women, to ensure that they were edu- there is a showing of ‘‘relevance’’ to a terror designation is in recognition of these commu- cated about the dangers of sex work, about nities’ support of the USDA Forest Service’s the risks of HIV/AIDS, and about the need to investigation. I strongly oppose such a provi- Urban and Community Forestry Program. protect themselves. sion which would allow government officials to These Florida communities have dedicated These women trusted the USAID program collect personal data on ordinary Americans, substantial efforts to the improvement of the to help them, because even as it encouraged including medical and library records, without environment in their cities and towns. them to find other sources of income, and any evidence linking them to terrorism or other For almost 30 years, the Tree City USA pro- tried to educate and protect them from HIV, it crimes. gram has facilitated cooperation and partner- did not cast judgment on them for trying to I also remain very concerned with Section ship in the urban forestry community, and has feed their families. 213 of the PATRIOT Act and the fact that it is proven a cost-effective way for state and fed- By requiring organizations to formally op- not subject to a sunset. This permanent sec- eral governments to support the conservation pose prostitution, we hinder their ability to tion of the law allows the delay of notification efforts of local communities. The Tree City reach out to sex-workers and teach them in executing warrants. I have serious mis- USA program has effectively coordinated and about the dangers of HIV. givings about this provision, as it could indefi- engaged public and private participants includ- Such a policy runs counter to good public nitely delay notice of a search or seizure. This ing municipal leaders, State and Federal gov- health practices, and effectively denies vital notice provides a crucial check on the govern- ernments, tree care professionals, and non- HIV prevention services and education to ment’s power by requiring authorities to oper- profit organizations, toward a common goal of women. ate in the open and by allowing the subjects bettering our environment. We need to fix this broken, misguided pol- of such searches to protect their Fourth Tree City USA municipalities allocate over icy. Amendment rights. I also have concerns about $765 million each year to forestry programs. f the use of National Security Letters under Section 505 of the Act, which require no judi- These funds go towards enhancing the natural USA PATRIOT AND TERRORISM cial review, and the use of roving ‘‘John Doe’’ beauty of the environment in order to make PREVENTION REAUTHORIZATION our communities a more pleasant place to live. ACT OF 2005 wiretaps, which deserve increased oversight, Mr. Speaker, I congratulate the communities such as requiring the FBI to identify with par- of Boca Raton, Boynton Beach, Coconut SPEECH OF ticularity the person targeted. Further, I am Creek, Cooper City, Coral Springs, Deerfield baffled that the majority voted twice to prevent Beach, Juno Beach, Jupiter, Lighthouse Point, HON. PATRICK J. KENNEDY the consideration of amendments which would Oakland Park, Palm Beach Gardens, Planta- OF RHODE ISLAND have kept dangerous firearms out of the tion, Pompano Beach, and West Palm Beach IN THE HOUSE OF REPRESENTATIVES hands of terrorists. These amendments, which on their efforts to promote environmental con- Thursday, July 21, 2005 would have criminalized the selling of firearms servation and I encourage them to continue to The House in Committee of the Whole to anyone on an FBI terrorist watchlist and improve the natural beauty of Florida. House on the State of the Union had under prevented terrorists from obtaining .50-caliber

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.031 E22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1585 sniper rifles, would have gone a long way to- this bill are. We could have reached a bipar- tions to promote basic human rights: The U.S. wards achieving the goal of securing our na- tisan solution to extend the provisions that are State Department describes the conditions in tion against the threat of terrorism. effective, such as permitting searches to the the gulag as, ‘‘harsh and life threatening.’’ It is I believe that successfully addressing our Internet and e-mail, and modify the provisions a crime of the highest order that brave men national security needs while protecting our that need changes, such as the searching of and women are imprisoned in these night- basic freedoms and civil liberties requires con- library records and ‘‘sneak and peek’’ marish conditions simply for their belief in free- tinual Congressional oversight, and I will con- searches, to which Congress has already dom. tinue to work to assert the role of this body in voiced strong and clear opposition. Instead, Tragically, Mr. Guido Sigler Amaya is not carrying out this grave responsibility. I will also we forgo Congressional oversight and take the only member of his family sentenced to continue to fight for increased funding for state away future opportunities for review. the totalitarian gulag. His brothers, Ariel and and local law enforcement, as well as for in- I am most troubled that the Rules Com- Miguel Sigler Amaya, whom I will speak about creased security measures to protect our na- mittee has not permitted a single amendment in the coming weeks, have been sentenced to tion’s public transportation and critical infra- to determine if 15 controversial provisions 20 years and over 2 years in the gulag, re- structure systems. I would like to have an op- should expire. Sunsets require Congress to re- spectively. These three brothers are brilliant portunity to vote for a reauthorization of the view the Act, extend what is working, and and admirable examples of the heroism of the USA PATRIOT Act that more perfectly strikes change what is not. Sunsets would make the Cuban people. No matter how intense the re- a balance between civil liberties and national bill better, and ensure regular oversight, but pression, no matter how severe the con- security, and am hopeful that the Senate will the rule does not permit us to vote on this im- sequences of a dignified struggle for liberty, address the aforementioned issues of con- portant modification. Simply adding sunsets the totalitarian gulags are full of men and cern. It is my understanding that the cor- could have made the H.R. 3199 more palat- women who represent the very best of the responding bill approved by the Senate Judici- able, and I am confident it could have had Cuban nation. ary Committee today would incorporate great- strong bipartisan support. However, the Re- Mr. Speaker, it is completely unacceptable er checks on several of these controversial publicans have again chosen division over that, while the world stands by in silence and powers, and I remain open to reevaluating my unity. acquiescence, these three brothers are sys- vote should a bill incorporating such modifica- I recognize the need for our laws to keep tematically tortured because of their belief in tions come before the House of Representa- pace with new technology and a changing freedom, democracy, human rights and the tives in the near future. The bill in front of us world, and I am committed to ensuring our law rule of law. My Colleagues, we must demand today, however, does not adequately reform enforcement has the tools they need to keep the immediate and unconditional release of parts of this law which I believe violate impor- our nation safe. However, providing these Guido Sigler Amaya, Ariel Sigler Amaya, tant civil liberties. Likewise, it fails to provide tools need not come at the expense of the lib- Miguel Sigler Amaya and every political pris- for continued congressional oversight of many erties and freedoms that we hold so dear. If oner in totalitarian Cuba. questionable provisions. I cannot vote for this we cede these, we have already given up the f measure, as it fails to adequately safeguard very values the terrorists are trying to destroy. our country’s fundamental freedoms. I look forward to working with my colleagues CELEBRATING THE UNVEILING OF f to make many changes in H.R. 3199 to fight THOMAS JEFFERSON STATUTE IN JEFFERSON PARK USA PATRIOT AND TERRORISM terrorism and protect our freedoms. I am en- PREVENTION REAUTHORIZATION couraged that the Senate is taking a more bi- ACT OF 2005 partisan approach to renewal of the USA PA- HON. RAHM EMANUEL TRIOT Act, and I look forward to a conference OF ILLINOIS SPEECH OF agreement that we can all support to protect IN THE HOUSE OF REPRESENTATIVES HON. JAMES R. LANGEVIN our liberties and our country. Friday, July 22, 2005 f OF RHODE ISLAND Mr. EMANUEL. Mr. Speaker, I am pleased IN THE HOUSE OF REPRESENTATIVES FREEDOM FOR GUIDO SIGLER to join with the citizens of the Jefferson Park Thursday, July 21, 2005 AMAYA neighborhood of Chicago in celebrating the The House in Committee of the Whole unveiling of the new statue of Thomas Jeffer- House on the State of the Union had under HON. LINCOLN DIAZ-BALART son. The ceremony that will take place tomor- consideration the bill (H.R. 3199) to extend OF FLORIDA row is the I culmination of years of work by and modify authorities needed to combat IN THE HOUSE OF REPRESENTATIVES many members of the community, and I am terrorism, and for other purposes: pleased to offer my gratitude and congratula- Friday, July 22, 2005 Mr. LANGEVIN. Mr. Chairman, today I rise tions on this exciting event. in reluctant opposition to H.R. 3199, the USA Mr. LINCOLN DIAZ-BALART of Florida. Mr. Jefferson Park, on Chicago’s northwest PATRIOT Act Reauthorization. We must pro- Speaker, I rise today to speak about Guido side, is one of the most unique and interesting vide law enforcement all the tools they need to Sigler Amaya, a political prisoner in totalitarian neighborhoods in Chicago and I am proud to keep us safe in today’s changing world, but Cuba. represent its citizens in the U.S. House of we need a bill that strikes a more appropriate Mr. Sigler Amaya is a member of the Alter- Representatives. The mix of cultural and eth- balance between civil liberties and fighting the native Option Movement, and an activist of the nic divergences is unrivaled in our great city. war on terrorism. pro-democracy opposition in Cuba. According The Jefferson Park Chamber of Commerce is Since the enactment of the USA PATRIOT to Amnesty International, he has been de- one of the most active organizations in my dis- Act in the wake of 9/11, I have met with many tained and harassed several times in the past. trict, and I applaud their efforts to honor our constituents and countless groups to discuss He was incarcerated in the totalitarian gulag in nation’s 3rd President with this outstanding the details of this controversial legislation. At a December 1999, after participating in a peace- statue. town hall meeting I hosted, the U.S. Attorney ful demonstration to celebrate the 51st anni- The bronze statue, the first life-sized statue for Rhode Island and a representative of the versary on the Universal Declaration of of President Jefferson in the state of Illinois, state’s American Civil Liberties Union passion- Human Rights. In 2002, he was again de- was created by sculptor, Edward Hlavka. It de- ately argued their cases. Some agreed with tained when he attempted to meet at a home picts President Jefferson at a writing table the U.S. Attorney that only the USA PATRIOT in Havana to discuss human rights. signing a copy of the Declaration of Independ- Act can prevent us from another attack. How- Despite the constant threats, despite being ence. Surrounding the statue are 13 pedestals ever, most of that crowd, as well as most previously incarcerated in the gulag, Mr. Sigler representing the original American colonies, Rhode Islanders, worry that we have already Amaya never gave up his dignified struggle for along with the inscription of one his most fa- ceded too much ground on our precious civil democracy and basic human rights. Unfortu- mous quotes, ‘‘The will of the people is the liberties. In my state, six cities and towns have nately, as part of the dictator’s condemnable, only legitimate foundation of any government.’’ passed resolutions opposing parts of the USA March 2003, crackdown, Mr. Sigler Amaya The statue will adorn the front of the Chi- PATRIOT Act, and my constituents under- was arrested. After a sham trial, he was sen- cago Transit Authority station in Jefferson stand what this bill means to them and their tenced to 20 years in the totalitarian gulag. Park, the major hub for commuters on the freedom. Let me be very clear, Mr. Sigler Amaya is northwest side, and was made possible Keeping America safe is not a partisan languishing in the depraved conditions of the through the leadership of the Jefferson Park issue, but unfortunately, several provisions of totalitarian gulag because of his peaceful ac- Chamber, Alderman Patrick J. Levar, State

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.035 E22JYPT1 E1586 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 2005 Representative Joseph M. Lyons, and count- Let me tell you about someone for whom I suspect Jim’s heart may be most in the less other members of the Jefferson Park that’s not true. last of these pursuits. Like so many who grow neighborhood. Jim Schweiter has lived Harry Truman’s up in central Pennsylvania, Jim is a dedicated Mr. Speaker, the City of Chicago and the words, not only during his service here but outdoorsman. He hunts with his close friends 5th District of Illinois are truly honored to wel- throughout his career. Jim is retiring from the and he has hunted with members of Con- come the new Thomas Jefferson statue to Jef- Armed Services Committee staff at the end of gress, including our current Chairman DUNCAN ferson Park, and I thank all of those respon- next month. Thanks to our bipartisan structure, HUNTER. He is no more at home than walking sible for making this possible. he has the official title of counsel. But for the the woods. While Jim’s new home of Min- f last five and a half years, he has been, in ef- neapolis won’t give him much opportunity to fect, the minority staff director. And he has watch his beloved Baltimore Orioles play at TRIBUTE TO HARRIET HENDERSON been my close and trusted friend. home, it will continue to give him many Jim came to the Armed Services Committee chances to be where he wants to be during HON. CHRIS VAN HOLLEN from the Air Force in 1988. He brought with hunting season. OF MARYLAND him a law degree and experience as a trial Mr. Speaker, as this good servant of the IN THE HOUSE OF REPRESENTATIVES lawyer and judge advocate. But he also people moves on, and as this invaluable friend brought some things you can’t learn. gets a little farther away, it is a time of sad- Friday, July 22, 2005 Jim brought sound and mature judgment, in- ness for me. But it is also a challenge to the Mr. VAN HOLLEN. Mr. Speaker, it is with formed by the kind of strong moral compass House. I hope that we can remain the kind of great pleasure that I rise to commend one of that informs both what should be done and House that continues to inspire and attract my constituents, Harriet Henderson, on her how it should be done. When confronted with people the caliber of Jim Schweiter, people outstanding service as the Director of Public a difficult policy question, Jim frequently asks who know that the good of the nation and the Libraries in Montgomery County, Maryland. ‘‘What is in the best interest for the Republic?’’ merit of ideas come before all else. He is an As Director for the past eight years, Ms. I believe the Republic is the better for many of Henderson has helped make the Montgomery the policy issues on which Jim has had a example for us of what the House should be— County library system the envy of library sys- hand. Jim has been involved in many aspects and what America deserves. tems throughout the country. The Montgomery of the committee’s work, serving with the Per- I know I speak for everyone on the Armed County library system consistently ranks sonnel and Investigations subcommittees, and Services Committee in thanking Jim for his among the nation’s top ten, often noted as later as General Counsel and ultimately as Mi- years of service and extending my best wish- ‘‘one of the best . . . in the country.’’ Working nority Staff Director. In these roles, Jim has es to Jim and his wife Donna on the next to increase library hours and expand the ma- never done just what was required of him. He phase of their lives together. terials collection, Henderson has dem- has always sought creative and sound legisla- f onstrated a profound commitment to improving tive solutions when he saw a way of improving VETERANS BUDGET SHORTFALL the quality and accessibility of our region’s a situation. Though the Reserve Office Per- public libraries. sonnel Management Act in which he played a The impact of Ms. Henderson’s work is not key role and the future management and pro- HON. CORRINE BROWN limited to her role in Montgomery County. A fessional development of Judge Advocates are OF FLORIDA former president of the Public Library Associa- just two examples of the legislation he has IN THE HOUSE OF REPRESENTATIVES tion and the Virginia Library Association, Ms. helped enact, Jim has frequently been directly Friday, July 22, 2005 Henderson has made contributions on a na- involved in improving the lives of our military Ms. CORRINE BROWN of Florida. Mr. tional scale. She has also served in leadership men and women. Speaker, I rise today to comment on the inad- The Armed Services Committee is near positions with the Urban Libraries Council as equate Supplemental request that President unique in the House for its integrated staff and well as other organizations. Bush has sent to the Congress for its ap- the degree of its bipartisanship. In this, Jim Ms. Henderson will soon assume a new po- proval. could stand as the exemplar. He served as sition as Director of the Richmond Public Li- The President has sent up a new supple- General Counsel to both Chairman Ron Del- braries. I am confident that she will excel in all mental request, this time for Fiscal Year 2006. lums and Chairman Floyd Spence and pro- of her future endeavors and that the Rich- While the amount of $1.977 billion sounds like vided exceptional advice to both. He embodies mond libraries will benefit greatly from her wis- a lot, the devil is in the details. what we mean by professional bipartisan staff. dom and experience. Of this amount, $300 million is the additional I applaud Harriet Henderson and wish her He also exemplifies a spirit of service to this House and to the Nation. When I asked him money for Fiscal Year 2005 that the original continued success in the years ahead. supplemental did not include. f to return to the Committee after his distin- guished service in the Department of Defense Also, the President continues to insist that REGARDING THE RETIREMENT OF as Deputy Assistant Secretary of Defense for veterans have not done enough to protect the HENRY JAMES ‘‘JIM’’ SCHWEITER Reserve Affairs, Jim did not hesitate. In the freedom of this country. He is continuing to in- time since he has returned, he has not only sist that a $250 user fee and an increase in HON. IKE SKELTON provided wise counsel at every turn, he has the prescription co-pay be included in the budget. OF MISSOURI demonstrated strong leadership to the rest of This House of Representatives, in fact this IN THE HOUSE OF REPRESENTATIVES our staff. They are a true team because of Congress, has spoken many times against Friday, July 22, 2005 that leadership. Beyond all his other attributes, Jim brought these provisions. They do not want to pass Mr. SKELTON. Mr. Speaker, change is a an unwavering patriotism to his position. That these costs onto the backs of veterans. constant here in the House, and I suppose might have something to do with Jim’s late fa- Yet again and again, President Bush ig- that’s a good thing. It keeps fresh ideas and ther, Major General Leo Schweiter, who nores the wishes of the public and this Con- energy coming in. But sometimes it sure is jumped into Normandy on D-Day and contin- gress by submitting a supplemental that in- hard to say farewell to trusted friends. ued distinguished service through Korea and cludes these legislative policies of his. As you know, I never miss an opportunity to Vietnam. It might have had something to do I am trying to understand this series of quote my fellow Missourian Harry Truman. In with growing up in the shadow of the Army events. this case, the occasion is bittersweet. War College. But mostly, I think it’s just Jim. The House passed $27.8 billion for FY05. Harry Truman minted one of the axioms of While Jim is retiring, there is no doubt that The request for the VA in FY06 was the same Washington. ‘‘It is amazing what you can ac- he will continue to have an active career. To $27.8 billion. There was no accounting for in- complish if you do not care who gets the cred- the Armed Services Committee, Jim has flation, the rapid increase of health care costs it.’’ brought a fierce intellect, an encyclopedic in general or the fact that a war was ongoing. To many in Washington, Mr. Speaker, that knowledge of House procedure, and an out- Soldiers were to return from Iraq and Afghani- phrase may sound quaint.’’ After all, so much standing rapport with both members and staff. stan and would need to be integrated into the of service in Congress is about credit. We Jim’s skills could easily carry him through system. issue press releases every day to make sure many more careers—as a parliamentarian, a George Bush underestimated the problem to the folks back home know we’re working for law professor, or a professional hunter—to the detriment of veterans health. them. Much of what we are able to do is tied name just a few. I hope he gets a chance to A first year accounting student could under- to the credit we get for our achievements. try them all. stand that adding more people and services

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.038 E22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1587 into an already overwhelmed system would As I said earlier, the Fiscal Year 2006 sup- mate of what these ‘‘legislative policies’’ will cost more. plemental of $1.977 does not include funding cost. Most likely it will cost much more. Except in the George Bush land of make- for the ‘‘legislative policies’’ of George Bush by Support the higher amounts advocated by believe. charging veterans for their service to this the Senate: $1.5 billion in emergency supple- Then Bush comes to us with a ‘‘make-be- country. mental funding for FY05 and $3.2 billion in lieve’’ $975 million supplemental to cover the This supplemental request is short by an- emergency supplemental funding for FY06. shortfall. However, that turns out not to be other $1.2 billion. I am not looking forward to whatever budget enough and that you actually need $300 mil- In reality, this request of $1.977 should read fiction George Bush is planning to lay on the lion more. at least $2.977 if you use George Bush’s esti- veterans for Fiscal Year 2007.

VerDate Aug 04 2004 03:53 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.042 E22JYPT1 Friday, July 22, 2005 Daily Digest

Highlights The House passed H.R. 3070, National Aeronautics and Space Adminis- tration Authorization Act of 2005. Senate features of successful personnel management systems Chamber Action of highly technical and scientific workforces. Routine Proceedings, pages S8715–S8765 Page S8739 Measures Introduced: Thirteen bills and four reso- Warner (for Enzi/Kennedy) Amendment No. lutions were introduced, as follows: S. 1464–1476, S. 1432, to extend the effective date of the Higher Res. 205–206, and S. Con. Res. 45–46. Education Relief Opportunities for Students Act of Pages S8745–46 2003. Pages S8739–40 Measures Reported: Pending: S. 1389, to reauthorize and improve the USA PA- Frist Modified Amendment No. 1342, to support TRIOT Act, with an amendment in the nature of a certain youth organizations, including the Boy Scouts of America and Girl Scouts of America. substitute. Page S8745 Pages S8764–65, S8717 Measures Passed: Inhofe Amendment No. 1311, to protect the eco- Honoring Constantino Brumidi: Senate agreed to nomic and energy security of the United States. S. Res. 205, honoring the life and legacy of Page S8717 Constantino Brumidi and recognizing his contribu- Inhofe/Collins Amendment No. 1312, to express tions to the United States on the 200th anniversary the sense of Congress that the President should take of his birth. Page S8764 immediate steps to establish a plan to implement Department of Defense Authorization: Senate the recommendations of the 2004 Report to Con- continued consideration of S. 1042, to authorize ap- gress of the United States-China Economic and Secu- propriations for fiscal year 2006 for military activi- rity Review Commission. Page S8717 ties of the Department of Defense, for military con- Inhofe/Kyl Amendment No. 1313, to require an struction, and for defense activities of the Depart- annual report on the use of United States funds with ment of Energy, to prescribe personnel strengths for respect to the activities and management of the such fiscal year for the Armed Forces, taking action International Committee of the Red Cross. on the following amendments proposed thereto: Page S8717 Pages S8717–40, S8764–65 Lautenberg Amendment No. 1351, to stop cor- Adopted: porations from financing terrorism. Page S8717 Warner (for Allen) Amendment No. 1343, to in- Ensign Amendment No. 1374, to require a report crease the limit on the value of assistance that may on the use of riot control agents. Page S8717 be provided to eligible entities to carry out procure- Ensign Amendment No. 1375, to require a report ment technical assistance programs operating on less on the costs incurred by the Department of Defense than a Statewide basis. Pages S8738–39 in implementing or supporting resolutions of the Warner (for Nelson (NE)) Amendment No. 1430, United Nations Security Council. Page S8717 to clarify certain authorities relating to adoptions by Collins Amendment No. 1377 (to Amendment members of the Armed Forces. Page S8739 No. 1351), to ensure that certain persons do not Warner (for Sessions/Reed) Amendment No. evade or avoid the prohibition imposed under the 1431, to require a Comptroller General study on the International Emergency Economic Powers Act. Page S8717 D804

VerDate Aug 04 2004 04:41 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22JY5.REC D22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D805 Durbin Amendment No. 1379, to require certain Senators Collins and Lautenberg; that following the dietary supplement manufacturers to report certain use or yielding back of time, Senate proceed to a serious adverse events. Page S8717 vote in relation to Collins Amendment No. 1377 (to Hutchison/Nelson (FL) Amendment No. 1357, to Amendment No. 1351), to be modified to become express the sense of the Senate with regard to a first-degree amendment, followed by a vote in rela- manned space flight. Page S8717 tion to Lautenberg Amendment No. 1351, to stop Thune Amendment No. 1389, to postpone the corporations from financing terrorism; provided fur- 2005 round of defense base closure and realignment. ther, that no second-degree amendments be in order Page S8738 to the above listed amendments prior to the vote. Kennedy Amendment No. 1415, to transfer funds Page S8739 authorized to be appropriated to the Department of A motion was entered to close further debate on Energy for the National Nuclear Security Adminis- the bill, and, in accordance with the provisions of tration for weapons activities and available for the Rule XXII of the Standing Rules of the Senate, a Robust Nuclear Earth Penetrator to the Army Na- vote on cloture will occur on Tuesday, July 26, tional Guard, Washington, District of Columbia, 2005. Page S8740 chapter. Pages S8718–28, S8731–32 A unanimous-consent agreement was reached pro- Allard/McConnell Amendment No. 1418, to re- viding that following the 2 stacked votes on Tues- quire life cycle cost estimates for the destruction of day, July 26, 2005, Senate proceed to a vote in rela- lethal chemical munitions under the Assembled tion to Frist Modified Amendment No. 1342 (listed Chemical Weapons Alternatives program. Page S8728 above); provided further, that no second-degree Allard/Salazar Amendment No. 1419, to authorize amendments be in order to the amendment prior to a program to provide health, medical, and life insur- the vote, and notwithstanding the provision of Rule ance benefits to workers at the Rocky Flats Environ- 22. Pages S8764–65 mental Technology Site, Colorado, who would other- A unanimous-consent agreement was reached pro- wise fail to qualify for such benefits because of an viding that on Monday, July 25, 2005, Senators have early physical completion date. Pages S8728–31 until 2 p.m. in order to file first-degree amendments Dorgan Amendment No. 1426, to express the to the bill. Page S8764 sense of the Senate on the declassification and release A unanimous-consent agreement was reached pro- to the public of certain portions of the Report of the viding for further consideration of the bill at ap- Joint Inquiry into the Terrorist Attacks of Sep- proximately 1:30 p.m., on Monday, July 25, 2005. tember 11, 2001, and to urge the President to re- Page S8764 lease information regarding sources of foreign sup- port for the hijackers involved in the terrorist attacks Protection of Lawful Commerce in Arms Act: Senate began consideration of the motion to proceed of September 11, 2001. Pages S8732–34 Dorgan Amendment No. 1429, to establish a spe- to consideration of S. 397, to prohibit civil liability cial committee of the Senate to investigate the actions from being brought or continued against awarding and carrying out of contracts to conduct manufacturers, distributors, dealers, or importers of activities in Afghanistan and Iraq and to fight the firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their prod- war on terrorism. Pages S8734–35 Salazar Amendment No. 1421, to rename the ucts by others. Pages S8740–41 death gratuity payable for deaths of members of the A motion was entered to close further debate on Armed Forces as fallen hero compensation. the motion to proceed to consideration of the bill, Pages S8735–36 and, in accordance with the provisions of Rule XXII Salazar Amendment No. 1422, to provide that of the Standing Rules of the Senate, a vote on clo- certain local educational agencies shall be eligible to ture will occur on Tuesday, July 26, 2005. receive a fiscal year 2005 payment under section Pages S8740–41 8002 or 8003 of the Elementary and Secondary Edu- Subsequently, the motion to proceed was with- cation Act of 1965. Page S8736 drawn. Page S8741 Salazar/Reed Amendment No. 1423, to provide Americans With Disabilities Act Commemora- for Department of Defense support of certain tion—Agreement: A unanimous-consent-time Paralympic sporting events. Pages S8736–38 agreement was reached providing that at 1 p.m. on A unanimous-consent agreement was reached pro- Monday, July 25, 2005, Senate begin consideration viding that on Tuesday, July 26, 2005, when the of a resolution commemorating the 15th anniversary Senate resumes consideration of the Defense Author- of the Americans With Disabilities Act; that there ization bill, notwithstanding the provisions of Rule be no amendments in order to the preamble or reso- 22, there be 20 minutes of debate divided between lution; that there be 30 minutes of debate at 1 p.m.,

VerDate Aug 04 2004 04:41 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D22JY5.REC D22JYPT1 D806 CONGRESSIONAL RECORD — DAILY DIGEST July 22, 2005 and 30 minutes of debate at 5 p.m., equally divided Martin J. Gruenberg, of Maryland, to be Vice between the Majority Leader, or his designee, and Chairperson of the Board of Directors of the Federal Senator Harkin, or his designee; and that following Deposit Insurance Corporation. the use or yielding back of time, Senate vote on the Martin J. Gruenberg, of Maryland, to be a Mem- resolution at approximately 5:30 p.m. Page S8764 ber of the Board of Directors of the Federal Deposit Nominations Confirmed: Senate confirmed the fol- Insurance Corporation for the remainder of the term lowing nominations: expiring December 27, 2006. Page S8765 Brian David Miller, of Virginia, to be Inspector Messages From the House: Page S8745 General, General Services Administration. Measures Placed on Calendar: Page S8745 David A. Sampson, of Texas, to be Deputy Sec- retary of Commerce. Additional Cosponsors: Pages S8746–47 Suzanne C. DeFrancis, of Maryland, to be an As- Statements on Introduced Bills/Resolutions: sistant Secretary of Health and Human Services. Pages S8747–54 Alex Azar II, of Maryland, to be Deputy Secretary Additional Statements: Page S8745 of Health and Human Services. Charles E. Johnson, of Utah, to be an Assistant Amendments Submitted: Pages S8754–63 Secretary of Health and Human Services. Authority for Committees to Meet: Page S8763 John J. Sullivan, of Maryland, to be General Adjournment: Senate convened at 10:01 a.m., and Counsel of the Department of Commerce. adjourned at 2:10 p.m. until 1 p.m., on Monday, Mark A. Limbaugh, of Idaho, to be an Assistant July 25, 2005. (For Senate’s program, see the re- Secretary of the Interior. marks of the Acting Majority Leader in today’s Edmund S. Hawley, of California, to be an Assist- Record on page S8764.) ant Secretary of Homeland Security. William Alan Jeffrey, of Virginia, to be Director of the National Institute of Standards and Tech- Committee Meetings nology. (Committees not listed did not meet) Kathie L. Olsen, of Oregon, to be Deputy Direc- tor of the National Science Foundation. NOMINATIONS Rebecca F. Dye, of North Carolina, to be a Fed- Committee on Foreign Relations: Committee concluded eral Maritime Commissioner for a term expiring a hearing to examine the nominations of Karen P. June 30, 2010. Hughes, of Texas, to be Under Secretary of State for Routine lists in the Coast Guard. Page S8765 Public Diplomacy, with the rank of Ambassador, Nominations Received: Senate received the fol- who was introduced by Senators Hutchison and lowing nominations: Cornyn, Josette Sheeran Shiner, of Virginia, to be Roel C. Campos, of Texas, to be a Member of the Under Secretary of State for Economic, Business, and Securities and Exchange Commission for a term ex- Agricultural Affairs, Kristen Silverberg, of Texas, to piring June 5, 2010. be Assistant Secretary of State for International Or- Annette L. Nazareth, of the District of Columbia, ganization Affairs, and Jendayi Elizabeth Frazer, of to be a Member of the Securities and Exchange Virginia, to be Assistant Secretary of State for Afri- Commission for the remainder of the term expiring can Affairs, after the nominees testified and answered June 5, 2007. questions in their own behalf. h House of Representatives Reports Filed: H.R. 513, to amend the Federal Chamber Action Election Campaign Act of 1971 to clarify when or- Public Bills and Resolutions Introduced: 11 pub- ganizations described in section 527 of the Internal lic bills, H.R. 3402–3412; and 4 resolutions, H. Revenue Code of 1986 must register as political Con. Res. 216–217; and H. Res. 376–377 were in- committees, and for other purposes (H. Rept. troduced. Pages H6380–81 109–181). Page H6380 Additional Cosponsors: Page H6381

VerDate Aug 04 2004 04:41 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22JY5.REC D22JYPT1 July 22, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D807 National Aeronautics and Space Administration Sense of Congress regarding the Soviet Union’s Authorization Act of 2005: The House passed occupation and annexation of Baltic countries H.R. 3070, to reauthorize the human space flight, from 1940 to 1991: The House agreed to H. Con. aeronautics, and science programs of the National Res. 128, expressing the sense of Congress that the Aeronautics and Space Administration, by a recorded Government of the Russian Federation should issue vote of 383 ayes to 15 noes, Roll no. 416. a clear and unambiguous statement of admission and Pages H6332–68 condemnation of the illegal occupation and annex- Pursuant to the rule, the amendment in the na- ation by the Soviet Union from 1940 to 1991 of the ture of a substitute recommended by the Committee Baltic countries of Estonia, Latvia, and Lithuania. on Science now printed in the bill is considered as Pages H6369–71 an original bill for the purpose of amendment. Agreed to the McCotter amendment to the pre- Pages H6347–57 amble of the measure. Pages H6370–71 Agreed to: Quorum Calls—Votes: Two recorded votes devel- Boehlert Manager’s amendment (No. 1 printed in oped during the proceedings of today and appear on H. Rept. 109–179) changes a number of provisions pages H6366–67, H6367. There were no quorum in the bill, and makes a number of technical and calls. clarifying changes; Pages H6357–59 Adjournment: The House met at 9 a.m. and ad- Vela´zquez amendment (No. 2 printed in H. Rept. journed at 1:39 p.m. 109–179) that requires the NASA Administrator to submit a quarterly report on the NASA Office of Small and Disadvantaged Business Utilization; Committee Meetings Pages H6360–61 COLLEGE ACCESS AND OPPORTUNITY ACT Jackson-Lee amendment (No. 6 printed in H. Rept. 109–179) that requires the NASA Adminis- Committee on Education and the Workforce: Ordered re- trator to transmit a plan describing steps NASA will ported, as amended, H.R. 690, College Access and take to protect employees who do raise or have Opportunity Act. raised a potentially catastrophic risk to health or f safety; Pages H6365–66 NEW PUBLIC LAWS Rejected: Vela´zquez amendment (No. 4 printed in H. Rept. (For last listing of Public Laws, see DAILY DIGEST, p. D 801) 109–179) that sought to establish a four-year pilot H.R. 1001, to designate the facility of the United grant program allowing NASA to expand advanced States Postal Service located at 301 South research opportunities through minority-serving in- Heatherwilde Boulevard in Pflugerville, Texas, as the stitutions (by a recorded vote of 192 ayes to 206 ‘‘Sergeant Byron W. Norwood Post Office Build- noes, Roll No. 415); Pages H6363–65, H6366–67 ing’’. Signed on July 21, 2005. (Public Law 109–36) Withdrawn: H.R. 3377, to provide an extension of highway, Jackson-Lee amendment (No. 3 printed in H. highway safety, motor carrier safety, transit, and Rept. 109–179), that was offered and subsequently other programs funded out of the Highway Trust withdrawn, that sought to restore funding for His- Fund pending enactment of a law reauthorizing the torically Black Colleges and Universities, and His- Transportation Equity Act for the 21st Century. panic Serving Institutions under NASA education Signed on July 22, 2005. (Public Law 109–37) programs; Pages H6361–63 f Agreed that the Clerk be authorized to make CONGRESSIONAL PROGRAM AHEAD technical and conforming changes in the engross- ment of the bill to reflect the actions of the House. Week of July 25 through July 30, 2005 Page H6368 Senate Chamber H. Res. 370, the rule providing for consideration of the bill was agreed to by voice vote. Page H6367 On Monday, at 1 p.m., Senate begin consideration of a resolution commemorating the 15th Anniversary Meeting Hour: Agreed that when the House ad- of the Americans With Disabilities Act, with 30 journ today, it adjourn to meet at 12:30 on Monday, minutes for debate; following which, at approxi- July 25 for morning hour debate. Page H6369 mately 1:30 p.m., Senate resume consideration of S. Calendar Wednesday: Agreed to dispense with the 1042, Department of Defense Authorization, and at Calendar Wednesday business of Wednesday, July 5 p.m., Senate continue consideration of the resolu- 27. Page H6369 tion (listed above), with an additional 30 minutes for

VerDate Aug 04 2004 04:41 Jul 23, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22JY5.REC D22JYPT1 D808 CONGRESSIONAL RECORD — DAILY DIGEST July 22, 2005 debate, followed by a vote on the resolution to occur July 28, Full Committee, to hold hearings to examine at approximately 5:30 p.m. issues related to MGM v. Grokster and the appropriate On Tuesday, Senate will continue consideration of balance between copyright protection and communica- S. 1042, Department of Defense Authorization, and tions technology innovation, 2:30 p.m., SR–253. vote on, or in relation to, certain amendments in- Committee on Energy and Natural Resources: July 27, Sub- committee on Energy, to hold hearings to examine recent cluding Collins Amendment No. 1377 (to Amend- progress in hydrogen and fuel cell research sponsored by ment No. 1351), Lautenberg Amendment No. 1351, the Department of Energy and by private industry, in- and Frist Modified Amendment No. 1342. Also, cluding challenges to the development of these tech- Senate will vote on the motion to invoke cloture on nologies, 3 p.m., SD–366. the bill. Additionally, Senate will resume consider- July 28, Subcommittee on National Parks, to hold ation of the motion to proceed to consideration of S. hearings to examine S. 584 and H.R. 432, bills to require 397, Protection of Lawful Commerce In Arms Act, the Secretary of the Interior to allow the continued occu- and will vote on the motion to invoke cloture on the pancy and use of certain land and improvements within motion to proceed to consideration of the bill. Rocky Mountain National Park, S. 652, to provide finan- During the balance of the week, Senate expects to cial assistance for the rehabilitation of the Benjamin complete consideration of S. 1042, Department of Franklin National Memorial in Philadelphia, Pennsyl- Defense Authorization and will consider any other vania, and the development of an exhibit to commemo- rate the 300th anniversary of the birth of Benjamin cleared legislative and executive business, including Franklin, S. 958, to amend the National Trails System any appropriation bills, when available. Act to designate the Star-Spangled Banner Trail in the Senate Committees States of Maryland and Virginia and the District of Co- lumbia as a National Historic Trail, S. 1154, to extend (Committee meetings are open unless otherwise indicated) the Acadia National Park Advisory Commission, to pro- Committee on Agriculture, Nutrition, and Forestry: July 26, vide improved visitor services at the park, S. 1166, to ex- Subcommittee on Forestry, Conservation, and Rural Revi- tend the authorization of the Kalaupapa National Histor- talization, to hold hearings to examine how farm bill pro- ical Park Advisory Commission, and S. 1346, to direct grams can better support species conservation, 10 a.m., the Secretary of the Interior to conduct a study of mari- SR–328A. time sites in the State of Michigan, 10 a.m., SD–366. July 27, Subcommittee on Forestry, Conservation, and Committee on Environment and Public Works: July 26, Rural Revitalization, to hold an oversight hearing to ex- Subcommittee on Superfund and Waste Management, to amine the Conservation Reserve Program, 10 a.m., hold an oversight hearing to examine electronics waste, SR–328A. 2:30 p.m., SD–406. Committee on Banking, Housing, and Urban Affairs: July July 27, Full Committee, to hold hearings to assess the 26, to hold hearings to examine the nomination of Chris- status of efforts to reduce greenhouse gases relating to the topher Cox, of California, Roel C. Campos, of Texas, and Kyoto Protocol, 9:30 a.m., SD–406. Annette L. Nazarath, of the District of Columbia, each Committee on Finance: July 26, business meeting to con- to be a Member of the Securities and Exchange Commis- sider The National Employee Savings and Trust Equity sion, 10 a.m., SD–538. Guarantee Act of 2005, 10 a.m., SD–215. July 26, Full Committee, to hold hearings to examine July 27, Full Committee, to hold hearings to examine the nominations of John C. Dugan, of Maryland, to be the role of value-based purchasing relating to improving Comptroller of the Currency, John M. Reich, of Virginia, quality in Medicare, 10 a.m., SD–215. to be Director of the Office of Thrift Supervision, and Committee on Foreign Relations: July 26, to hold hearings Martin J. Gruenberg, of Maryland, to be a Member and to examine implications for the United States regarding Vice Chairperson of the Board of Directors of the Federal energy trends in China and India, 10 a.m., SD–419. Deposit Insurance Corporation, 2:30 p.m., SD–538. July 26, Full Committee, business meeting to consider July 28, Full Committee, business meeting to mark up S. 1129, to provide authorizations of appropriations for S. 190, to address the regulation of secondary mortgage certain development banks, and the nominations of Henry market enterprises, 10 a.m., SD–538. Crumpton, of Virginia, to be Coordinator for Committee on Commerce, Science, and Transportation: July Counterterrorism, with the rank and status of Ambas- 27, Subcommittee on Disaster Prevention and Prediction, sador at Large, Henrietta Holsman Fore, of Nevada, to be to hold hearings to examine all-hazards alert systems, fo- an Under Secretary of State (Management), Gillian cusing on the need for a national all-hazards alert and Arlette Milovanovic, of Pennsylvania, a Career Member of public warning system, 10 a.m., SR–253. the Senior Foreign Service, Class of Minister-Counselor, to July 27, Full Committee, to hold hearings to examine be Ambassador Extraordinary and Plenipotentiary of the S. 1372, to provide for the accuracy of television ratings United States of America to the Republic of Macedonia, services, 2:30 p.m., SR–253. James Cain, of North Carolina, to be Ambassador Ex- July 28, Full Committee, business meeting to consider traordinary and Plenipotentiary of the United States of S. 1408, to strengthen data protection and safeguards, re- America to Denmark, Alan W. Eastham, Jr., of Arkansas, quire data breach notification, and further prevent iden- a Career Member of the Senior Foreign Service, Class of tity theft, 10 a.m., SR–253. Minister-Counselor, to be Ambassador Extraordinary and

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Plenipotentiary of the United States of America to the States, proposed Personal Data Privacy and Security Act Republic of Malawi, Katherine Hubay Peterson, of Cali- of 2005, S. 751, to require Federal agencies, and persons fornia, a Career Member of the Senior Foreign Service, engaged in interstate commerce, in possession of data Class of Minister-Counselor, to be Ambassador Extraor- containing personal information, to disclose any unau- dinary and Plenipotentiary of the United States of Amer- thorized acquisition of such information, S. 1326, to re- ica to the Republic of Botswana, Michael Retzer, of Mis- quire agencies and persons in possession of computerized sissippi, to be Ambassador Extraordinary and Pleni- data containing sensitive personal information, to disclose potentiary of the United States of America to the United security breaches where such breach poses a significant Republic of Tanzania, Karen P. Hughes, of Texas, to be risk of identity theft, S. 155, to increase and enhance law Under Secretary of State for Public Diplomacy, with the enforcement resources committed to investigation and rank of Ambassador, Josette Sheeran Shiner, of Virginia, prosecution of violent gangs, to deter and punish violent to be an Under Secretary of State (Economic, Business, gang crime, to protect law-abiding citizens and commu- and Agricultural Affairs), Kristen Silverberg, of Texas, to nities from violent criminals, to revise and enhance crimi- be an Assistant Secretary of State (International Organiza- nal penalties for violent crimes, to reform and facilitate tion Affairs), and Jendayi Elizabeth Frazer, of Virginia, to prosecution of juvenile gang members who commit vio- be an Assistant Secretary of State (African Affairs), and lent crimes, to expand and improve gang prevention pro- certain pending treaties, 2:15 p.m., S–116, Capitol. grams, S. 1086, to improve the national program to reg- Committee on Homeland Security and Governmental Affairs: July 26, Subcommittee on Federal Financial Management, ister and monitor individuals who commit crimes against Government Information, and International Security, to children or sex offenses, S. 956, to amend title 18, hold hearings to examine the General Services Adminis- United States Code, to provide assured punishment for tration, 2:30 p.m., SD–562. violent crimes against children, and S. 1197, to reauthor- July 27, Full Committee, to resume hearings to exam- ize the Violence Against Women Act of 1994, 9:30 a.m., ine the appropriate Federal role regarding chemical facil- SD–226. ity security, 10 a.m., SD–562. Committee on Veterans’ Affairs: July 28, business meeting July 27, Subcommittee on Federal Financial Manage- to consider pending VA legislation, 9:30 a.m., SR–418. ment, Government Information, and International Secu- Select Committee on Intelligence: July 26, closed business rity, to hold hearings to examine financial management meeting to consider pending calendar business, 2:30 at the Securities and Exchange Commission, 2:30 p.m., p.m., SH–219. SD–562. July 27, Full Committee, to receive a closed briefing July 28, Full Committee, to hold hearings to examine regarding intelligence matters, 2:30 p.m., SH–219. NASA passenger aircraft, 10 a.m., SD–562. Special Committee on Aging: July 27, to hold hearings to Committee on Indian Affairs: July 26, to hold oversight examine the victimization of elderly through scams, 2:30 hearings to examine legislation to resolve the lawsuit of p.m., SD–106. Cobell v. Norton, 10 a.m., SH–216. July 27, Full Committee, to hold hearings to examine House Committees S. 1439, to provide for Indian trust asset management re- Committee on Agriculture, to consider the following: a form and resolution of historical accounting claims, 9:30 measure to reauthorize the United States Grain Standards a.m., SH–216. Act; and a measure to reauthorize the Livestock Manda- July 28, Full Committee, to hold oversight hearings to tory Reporting Act of 1999, 10 a.m., 1300 Longworth. examine the implementation of the Native American Committee on Appropriations, July 26, Subcommittee on Graves Protection and Repatriation Act (P.L. 101–601), 9:30 a.m., SR–485. Foreign Operations, Export Financing, and Related Agen- Committee on the Judiciary: July 26, to hold hearings to cies, hearing on West Bank/Gaza, 9 a.m., 2359 Rayburn. examine comprehensive immigration reform, 9:30 a.m., July 26, Subcommittee on Agriculture, Rural Develop- SD–226. ment, Food and Drug Administration, and Related Agen- July 26, Subcommittee on Intellectual Property, to cies, hearing on FDA Fiscal Year 2006 Appropriations, hold hearings to examine harmonization and other mat- 1:30 p.m., 2362A Rayburn. ters concerning patents, 2:30 p.m., SD–226. July 27, Subcommittee on Foreign Operations, Export July 26, Full Committee, to hold hearings to examine Financing, and Related Agencies, hearing on Iraq Recon- the nomination of Timothy Elliott Flanigan, of Virginia, struction, 9 a.m., 2359 Rayburn. to be Deputy Attorney General, Department of Justice, Committee on Armed Services, July 26, Subcommittee on 4 p.m., SD–226. Military Personnel, hearing on mental health, 11 a.m., July 27, Full Committee, to hold an oversight hearing 2118 Rayburn. to examine the Federal Bureau of Investigation, 9:30 July 27, full Committee, hearing on Chinese military a.m., SD–226. power, 10 a.m., 2118 Rayburn. July 28, Full Committee, business meeting to consider July 28, Subcommittee on Terrorism, Unconventional S.1088, to establish streamlined procedures for collateral Threats and Capabilities and the Subcommittee on Over- review of mixed petitions, amendments, and defaulted sight and Investigations of the Committee on Financial claims, S. 103, to respond to the illegal production, dis- Services, joint hearing on the financing of the Iraqi insur- tribution, and use of methamphetamine in the United gency, 2 p.m., 2118 Rayburn.

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Committee on Energy and Commerce, July 28, Sub- Committee on House Administration, July 28, hearing on committee on Commerce, Trade, and Consumer Protec- Accessibility of the House Complex for Persons with Spe- tion, hearing entitled ‘‘Data Security: The Discussion cial Needs, 10 a.m., 1310 Longworth. Draft of Data Protection Legislation,’’ 10 a.m., 2123 Ray- Committee on International Relations, July 27, Sub- burn. committee on Europe and Emerging Threats, hearing on Committee on Financial Services, July 27, Subcommittee Ukraine: Developments in the Aftermath of the Orange on Capital Markets, Insurance, and Government Spon- Revolution, 1 p.m., 2255 Rayburn. sored Enterprises, hearing on the Future of Terrorism In- July 27, Subcommittee on International Terrorism and surance, 10 a.m., 2128 Rayburn. Nonproliferation, hearing on Terrorist Threats to Energy Committee on Government Reform, July 26, Subcommittee Security, 2 p.m., 2200 Rayburn. on Criminal Justice, Drug Policy, and Human Resources, July 27, Subcommittee on Oversight and Investigation hearing entitled ‘‘Fighting Meth in America’s Heartland: and the Subcommittee on the Middle East and Central Assessing the Impact on Local Law Enforcement and Asia, joint hearing on Syria and the United Nations Oil- Child Welfare Agencies,’’ 2 p.m., 2154 Rayburn. for-Food Program, 10:30 a.m., 2172 Rayburn. July 26, Subcommittee on National Security, Emerg- July 27, Subcommittee on Western Hemisphere, hear- ing Threats and International Relations, hearing entitled ing on U.S. Diplomacy in Latin America, 1:30 p.m., ‘‘DOE/ESE Security: How Ready is the Protective Force?’’ 2172 Rayburn. 10 a.m., 2154 Rayburn. July 28, full Committee, hearing on Lebanon Reborn? July 27, full Committee, hearing entitled ‘‘BRAC and Defining National Priorities and Prospects for Democratic Beyond: An Examination of the Rationale Behind Federal Renewal in the Wake of March 14, 2005, 10:30 a.m., Security Standards for Leased Space,’’ 10 a.m., 2154 Ray- 2172 Rayburn. burn. July 28, Subcommittee on Africa, Global Human July 27, Subcommittee on Energy and Resources, hear- Rights and International Operations, hearing on China’s ing entitled ‘‘Progress Toward Realizing a Hydrogen Influence in Africa, 2:30 p.m., 2172 Rayburn. Economy,’’ 1 p.m., 2203 Rayburn. July 28, Subcommittee on Oversight and Investiga- July 27, Subcommittee on Federal Workforce and tions, hearing on Chinese AK–47s and Iraqi Security Agency Organization, hearing entitled ‘‘Is There a Doctor Forces: A Procurement Case Study, 1:30 p.m., 2255 Ray- in the Mouse?’’: Using Information Technology to Im- burn. prove Healthcare,’’ 2 p.m., 2154 Rayburn. Committee on Resources, July 26, Subcommittee on Na- July 27, Subcommittee on Government Management, tional Parks, oversight hearing on the Implementation of Finance, and Accountability, hearing entitled ‘‘DHS in Transition—Are Financial Management Problems Hin- the National Trails System Act, 10 a.m., 1324 Long- dering Mission Effectiveness?’’ 2 p.m., 2247 Rayburn. worth. July 27, Subcommittee on Regulatory Affairs, hearing July 28, Subcommittee on Energy and Minerals, over- entitled ‘‘Regulatory Reform: Are Regulations Hindering sight hearing on Sustainable Development Opportunities Our Competitiveness?’’ 10 a.m., 2247 Rayburn. in Mining Communities, Part II, 10 a.m., 1334 Long- July 28, full Committee, hearing entitled ‘‘Keeping worth. Metro on Track: The Federal Government’s Role in Bal- July 28, Subcommittee on Water and Power, oversight ancing Investment with Accountability at Washington’s hearing on Implementation of the Westside Regional Transit Agency,’’ 10 a.m., 2154 Rayburn. Drainage Plan as a Way to Improve San Joaquin River Committee on Homeland Security, July 25, to continue Water Quality, 2 p.m., 1324 Longworth. hearings entitled ‘‘The Secretary’s Second-State Review: Committee on Rules, July 25, to consider the following: Re-thinking the Department of Homeland Security’s Or- H.R. 22, Postal Accountability and Enhancement Act; ganization and Policy Direction,’’ 4 p.m., 2154 Rayburn. and H.R. 525, Small Business Health Fairness Act of July 26, Subcommittee on Emergency Preparedness, 2005, 5 p.m., H–313 Capitol. Science, and Technology, hearing entitled ‘‘The London July 26, to consider H.R. 5, Help Efficient, Accessible, Attacks: Training to Respond in a Mass Transit Environ- Low-cost, Timely Healthcare (HEALTH) Act of 2005, ment,’’ 9 a.m., 210 Cannon. 1:30 p.m., H–313 Capitol. July 27, Subcommittee on Management, Integration, July 27, Subcommittee on Legislative and Budget and Oversight, hearing entitled ‘‘The 287(g) Program: Process, hearing on A Comparative Study of International Ensuring the Integrity of America’s Border Security Sys- Multi-Year Budgeting, 11 a.m., H–313 Capitol. tem through Federal-State Partnerships,’’ 10 a.m., 210 Committee on Small Business, July 25, hearing entitled Cannon. ‘‘Freedom of Conscience for Small Pharmacies,’’ 10 a.m., July 28, Subcommittee on Economic Security, Infra- 2360 Rayburn. structure Protection, and Cybersecurity, hearing entitled July 27, hearing on the importance of amending the ‘‘Improving Management of the Aviation Screening Small Business Investment Act of 1958 to establish a par- Workforce,’’ 10 a.m., 2128 Rayburn. ticipating debenture program to assist small businesses in July 28, Subcommittee on Prevention of Nuclear and gaining access to much needed capital, 10 a.m., 2360 Biological Attack, hearing entitled ‘‘Implementing the Rayburn. National Biodefense Strategy, 2 p.m., 1309 Longworth.

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July 27, Subcommittee on Rural Enterprises, Agri- Act of 2005; and H.R. 3279, Homeless Veterans Re- culture and Technology, hearing entitled ‘‘The Impor- integration Program Reauthorization Act of 2005, 2 tance of the Biotechnology Industry and Venture Capital p.m., 334 Cannon. Support in Innovation,’’ 2 p.m., 311 Cannon. July 27, Subcommittee on Economic Opportunity, Committee on Transportation and Infrastructure, July 26, hearing on pending business, 2:30 p.m., 334 Cannon. Subcommittee on Economic Development, Public Build- Committee on Ways and Means, July 27, Subcommittee ings and Emergency Management, hearing on Honoring on Health, hearing on Health Care Information Tech- the Protectors of the Capitol: The Passengers and Crew nology (IT), 10 a.m., 1100 Longworth. of Flight 93, 10 a.m., 2167 Rayburn. July 28, Subcommittee on Select Revenue Measures, July 28, Subcommittee on Coast Guard and Maritime hearing on Member Proposals for Tax Reform, 10 a.m., Transportation and the Subcommittee on Water Re- 1100 Longworth. sources and Environment, joint oversight hearing on the Permanent Select Committee on Intelligence, July 26, Sub- Oil Spill Liability Trust Fund and Federal Oil Spill Pre- committee on Technical and Tactical Intelligence, execu- vention and Response Under the Oil Pollution Act of tive, hearing on the results of the Future Imagery Archi- 1990, 10 a.m., 2167 Rayburn. tecture Red Team Review, 10 a.m., H–405 Capitol. Committee on Veterans’ Affairs, July 27, oversight hearing July 27, Subcommittee on Technical and Tactical In- to examine the Department of Veterans and the Depart- telligence, executive, hearing on Global Missile Threats, ment of Defense actions to: (1) identify and furnish out- 1 p.m., H–405 Capital. reach to currently deployed service members, including July 28, full Committee, executive, Briefing on Global Reserve and National Guard members, at risk for PTSD; Updates, 9 a.m., H–405 Capitol. (2) provide early intervention to prevent chronic and se- July 28, Subcommittee on Oversight, hearing on DNI vere cases of PTSD from developing; (3) enhance available Status, 10 a.m., H–140 Capitol. clinical mental health services; and (4) commit appro- priate resources to meet the demand for PTSD and other Joint Meetings mental health services, 10 a.m., 334 Cannon. Conference: July 25, meeting of conferees on H.R. 6, to July 27, Subcommittee on Economic Opportunity, to ensure jobs for our future with secure, affordable, and re- mark up the following bills: H.R. 419, Hire Veterans liable energy, 2 p.m., Room to be announced.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, July 25 12:30 p.m., Monday, July 25

Senate Chamber House Chamber Program for Monday: Senate will begin consideration of Program for Monday: To be announced. a resolution commemorating the 15th Anniversary of the Americans With Disabilities Act; with 30 minutes for debate; following which Senate will resume consideration of S. 1042, Department of Defense Authorization. At 5 p.m., Senate will continue consideration of the resolution (listed above), with an additional 30 minutes for debate, followed by a vote on the resolution to occur at approxi- mately 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Edwards, Chet, Tex., E1580 Mack, Connie, Fla., E1583 Emanuel, Rahm, Ill., E1585 Rangel, Charles B., N.Y., E1575, E1582 Brown, Corrine, Fla., E1586 Everett, Terry, Ala., E1578 Schakowsky, Janice D., Ill., E1583 Brown-Waite, Ginny, Fla., E1580 Hastings, Alcee L., Fla., E1577 Shaw, E. Clay, Jr., Fla., E1584 Burton, Dan, Ind., E1581 Kennedy, Patrick J., R.I., E1584 Skelton, Ike, Mo., E1586 Clyburn, James E., S.C., E1577, E1582 Langevin, James R., R.I., E1585 Solis, Hilda L., Calif., E1580 Conyers, John, Jr., Mich., E1579 Lantos, Tom, Calif., 1575 Udall, Mark, Colo., E1578 Costa, Jim, Calif., E1577, E1583 Lee, Barbara, Calif., E1584 Van Hollen, Chris, Md., E1586 Diaz-Balart, Lincoln, Fla., E1585 Levin, Sander M., Mich., E1580 Weiner, Anthony D., N.Y., E1579

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